[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1530 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1530
To amend the Justice for United States Victims of State Sponsored
Terrorism Act to clarify and supplement the funding sources for United
States victims of state-sponsored terrorism to ensure consistent and
meaningful distributions from the United States Victims of State
Sponsored Terrorism Fund, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 2025
Mr. Lawler (for himself, Mr. Gottheimer, Ms. Malliotakis, Mr. Goldman
of New York, Mr. Langworthy, Ms. Stansbury, Mr. Garbarino, Ms. Tenney,
Mr. Torres of New York, Mr. Van Drew, Ms. Norton, Mr. LaLota, Ms.
Titus, Ms. Meng, Mr. Nehls, Mr. Ryan, Mr. Johnson of Georgia, Mr.
Suozzi, Mr. Gooden, Mr. Nadler, Mr. Moskowitz, Mr. Pallone, and Ms.
Gillen) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Justice for United States Victims of State Sponsored
Terrorism Act to clarify and supplement the funding sources for United
States victims of state-sponsored terrorism to ensure consistent and
meaningful distributions from the United States Victims of State
Sponsored Terrorism Fund, 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 ``American Victims of Terrorism
Compensation Act''.
SEC. 2. TRANSFER OF CERTAIN FUNDS INTO UNITED STATES VICTIMS OF STATE
SPONSORED TERRORISM FUND.
(a) In General.--Section 404 of the Justice for United States
Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
(1) in subsection (d)(4), by adding at the end the
following:
``(E) Fifth-round payments.--All fifth-round
payments required to be authorized by the Special
Master on or before January 1, 2025, shall be
distributed to eligible claimants not later than March
14, 2025, or, if an eligible claimant has not provided
the Special Master with the payment information
required for distribution, as soon as practicable after
the date of receipt by the Special Master of such
information.''; and
(2) in subsection (e)(2), by adding at the end the
following:
``(C) Certain assigned and forfeited assets.--
``(i) Binance holdings limited.--
``(I) In general.--
``(aa) Already deposited.--
The sum of $898,619,225,
corresponding to the funds, and
the net proceeds from the sale
of property, forfeited to the
United States from or in
connection with the plea
agreement in the proceedings
captioned as United States v.
Binance Holdings Limited, No.
2:23-cr-00178 (RAJ) (W.D. Wash.
filed Nov. 14, 2023), already
deposited into the Fund.
``(bb) Additional funds.--
The sum of $1,912,031,763,
corresponding to a portion of
the funds, and the net proceeds
from the sale of property,
forfeited or paid to the United
States arising from or in
connection with the proceedings
described in item (aa) or any
related civil or administrative
proceedings.
``(cc) Interest.--All
interest earned on the amounts
described in item (aa) or (bb)
from the date of such
forfeiture or payment.
``(II) Deposit in cvf.--The sum of
$1,505,475,575, from the funds, and the
net proceeds from the sale of property,
paid to the United States arising from
or in connection with proceedings
described in subclause (I)(aa) shall be
deposited into the Crime Victims Fund
established under section 1402 of the
Victims of Crime Act of 1984 (34 U.S.C.
20101).
``(III) Timing.--An agency of the
United States shall deposit or transfer
into the Fund any amount paid by a
defendant in such proceedings that is
required to be deposited into the Fund
pursuant to subclause (I), plus any
interest earned thereon, not later than
the later of--
``(aa) 30 days after the
receipt of such amount by the
agency; or
``(bb) 15 days after the
date of enactment of this
subparagraph.
``(ii) DOJ assets forfeiture fund.--
``(I) In general.--Fifty percent of
the excess unobligated balance, as
defined in section 524(c)(8) of title
28, United States Code, of the
Department of Justice Assets Forfeiture
Fund established under 524(c)(1) of
that title, determined on the later of
January 31, or the date of enactment of
a final appropriations Act for each
fiscal year, to be transferred annually
thereafter not later than 30 days after
the date of such determination, plus 50
percent of any interest amount earned
on the investment of any balance of the
Assets Forfeiture Fund as of that date.
``(II) Transfers.--No transfer
pursuant to this subparagraph shall
count against any limitation on the use
of the excess unobligated balances
described in subclause (I) as provided
in an annual appropriations Act or
other legislation.
``(III) Exclusion of rescissions
for fiscal year after determination of
amount.--For purposes of subclause (I),
the amount of the unobligated balance
of the Department of Justice Asset
Forfeiture Fund, as of September 30 of
a fiscal year, shall be determined
without regard to any rescission of
amounts in the fund for the next fiscal
year included in an appropriation Act
referred to in section 105 of title 1,
United States Code, including any
anticipated or potential rescission and
any rescission given continuing effect
for such next fiscal year under an Act
making continuing appropriations for
such next fiscal year.
``(iii) Treasury forfeiture fund.--
``(I) In general.--Fifty percent of
the excess unobligated balance of the
Department of the Treasury Forfeiture
Fund established under section 9705 of
title 31, United States Code,
determined on the later of January 31,
or the date of enactment of a final
appropriations Act for each fiscal
year, to be transferred annually
thereafter not later than 30 days after
such determination, plus 50 percent of
any interest amount earned on the
investment of any balance of the
Treasury Forfeiture Fund as of that
date.
``(II) Transfers.--No transfer
pursuant to this subparagraph shall
count against any limitation on the use
of excess unobligated balances
described in subclause (I) as provided
in an annual appropriations Act or
other legislation.
``(III) Definition of excess
unobligated balance.--
``(aa) In general.--In this
clause, the term `excess
unobligated balance' means the
difference between--
``(AA) the
unobligated balance of
the Department of the
Treasury Forfeiture
Fund, as of September
30 of the fiscal year
before the date
specified in subclause
(I); and
``(BB) the amount
that is required to be
retained in the
Department of the
Treasury Forfeiture
Fund to ensure the
availability of amounts
in the fiscal year
after the fiscal year
described in subitem
(AA) for the purposes
for which amounts in
the fund are authorized
to be used.
``(bb) Exclusion of
rescissions for fiscal year
after determination of
amount.--For purposes of
subclause (I), the amount of
the unobligated balance of the
Department of the Treasury
Forfeiture Fund, as of
September 30 of a fiscal year,
shall be determined without
regard to any rescission of
amounts in the fund for the
next fiscal year included in an
appropriation Act referred to
in section 105 of title 1,
United States Code, including
any anticipated or potential
rescission and any rescission
given continuing effect for
such next fiscal year under an
Act making continuing
appropriations for such next
fiscal year.
``(D) Interest.--All interest earned on any amount
deposited or to be deposited into the Fund pursuant to
this section, the American Victims of Terrorism
Compensation Act, or an amendment made by that Act,
following receipt of such amount by any agency of the
United States, including all interest earned on the
amounts described in subparagraph (C)(i).''.
(b) Rule of Construction.--Nothing in the amendments made by
subsection (a) shall be construed to harm, jeopardize, or impair any
amounts previously identified for equitable sharing with law
enforcement or to limit the right of a direct crime victim to receive
restitution ordered by a court before the date of enactment of this Act
with respect to any offense in a matter or proceeding from which
amounts are to be deposited into the Fund pursuant to the amendments
made by subsection (a).
SEC. 3. TIMING OF DEPOSIT OF PENALTIES AND FINES INTO THE UNITED STATES
VICTIMS OF STATE SPONSORED TERRORISM FUND.
(a) Forfeited Funds and Property.--Section 404(e)(2)(A) of the
Justice for United States Victims of State Sponsored Terrorism Act (34
U.S.C. 20144(e)(2)(A)) is amended--
(1) in clause (i), by striking ``forfeited or'';
(2) in clause (ii), by striking ``forfeited or''; and
(3) by adding at the end the following:
``(iii) Forfeitures.--
``(I) In general.--All funds, and
the net proceeds from the sale of
property, forfeited to the United
States after the date of enactment of
the American Victims of Terrorism
Compensation Act, in a matter or
proceeding arising from a violation of
any license, order, regulation or
prohibition issued under the
International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) or the
Trading with the Enemy Act (50 U.S.C.
App. 1 et seq.) and all funds, and the
net proceeds from the sale of property,
forfeited to the United States after
the date of enactment of the American
Victims of Terrorism Compensation Act,
in a matter or proceeding involving, or
relating to, or arising from the
actions of, or doing business with, or
acting on behalf of, a state sponsor of
terrorism, without regard to the nature
of the offense.
``(II) Scope.--All funds and net
proceeds described in this clause shall
be deposited or transferred into the
Fund if the state sponsor of terrorism
was so designated at the time of the
penalty or fine, at any time during the
course of any related legal
proceedings, or at the time of any
related conduct.
``(III) Rules of construction.--
Nothing in this clause shall be
construed to limit any rights to court-
ordered restitution of any direct crime
victim of an offense in a matter or
proceeding from which amounts are to be
deposited into the Fund pursuant to
this subparagraph. Nothing in the
American Victims of Terrorism
Compensation Act or an amendment made
by that Act that clarifies the scope of
forfeiture proceeds to be deposited
into the Fund shall be construed to
impact the scope or interpretation of
criminal or civil penalties or fines
that are required to be deposited into
the Fund under clause (i) or (ii) of
this subparagraph, which scope is the
subject of pending litigation and shall
be addressed in such litigation or by
future legislation as warranted,
including as informed by the report by
the Comptroller General of the United
States regarding proceeds available for
deposit to the Fund required under
subsection (b)(1)(A)(v).
``(iv) Timing.--An agency of the United
States shall deposit or transfer into the Fund
all funds, and the net proceeds from the sale
of property, forfeited or paid to the United
States described in this subparagraph not later
than the later of--
``(I) 60 days after the receipt of
such amount by the agency; or
``(II) 30 days after the date of
enactment of this clause.''.
SEC. 4. ANNUAL PAYMENTS.
Section 404(d)(4) of the Justice for United States Victims of State
Sponsored Terrorism Act (34 U.S.C. 20144(d)(4)) is amended by striking
subparagraph (A) and inserting the following:
``(A) In general.--Except as provided in
subparagraphs (B), (C), and (D), on January 1, 2026,
and January 1 of each calendar year thereafter, the
Special Master or the Attorney General shall authorize
additional payments on a pro rata basis to those
claimants with eligible claims under subsection (c)(2)
to include all amounts received as of that date by any
agency of the United States that qualifies for deposit
or transfer into the Fund, plus all interest earned
from the date of receipt of any such amounts through
the date of deposit or transfer into the Fund that has
not already been distributed pursuant to this
subsection and is not required for the payment of
administrative costs or compensation as set forth in
subparagraphs (B) and (C) of subsection (b)(1). All
authorized payments shall be distributed to the
eligible claimants as soon as practicable in the
calendar year of authorization, or, if the Special
Master or Attorney General authorizes payments prior to
January 1, not later than 1 year after the date of such
authorization.''.
SEC. 5. REPORT OF FUND ACTIVITY.
Section 404(b)(1)(A) of the Justice for United States Victims of
State Sponsored Terrorism Act (34 U.S.C. 20144(b)(1)(A)) is amended by
adding at the end the following:
``(iv) Attorney general report.--
``(I) Report.--On January 31 of
each year, the Special Master shall
submit to the chairman and ranking
minority member of the Committee on the
Judiciary of the Senate and the
chairman and ranking minority member of
the Committee on the Judiciary of the
House of Representatives a report on
the balance and activity of the Fund,
which shall include--
``(aa) the total amount in
the Fund at the end of the
preceding fiscal year;
``(bb) deposits into the
Fund during the preceding
fiscal year sufficient to
identify the source, including,
if applicable, the case name
and the amount of each deposit,
except to the extent that any
sealing order requires any
portion of such information to
remain confidential;
``(cc) disbursements from
the Fund during the preceding
fiscal year sufficient to
identify specific amounts
disbursed for victim
compensation and other
purposes, including for
administrative costs and use of
Department of Justice
personnel;
``(dd) the amount, and the
basis for the calculation, of
any funds deposited into the
Fund from the Department of
Justice Assets Forfeiture Fund
established under 524(c)(1) of
title 28, United States Code,
and the Department of the
Treasury Forfeiture Fund
established under section 9705
of title 31, United States
Code, in the prior fiscal year;
``(ee) an explanation of
any amounts not deposited into
the Fund as a result of any
rule of construction pursuant
to this Act or the American
Victims of Terrorism
Compensation Act; and
``(ff) an explanation of
all amounts from or relating to
cases qualifying for deposit
under this Act that are not
deposited into the Fund as a
result of inter-agency credits,
administrative costs, or any
other reason.
``(II) Publication.--Not later than
March 1 of each year, the Attorney
General shall publish the report
required under subclause (I) on the
internet website of the Fund.
``(v) GAO report regarding proceeds
available for deposit to the fund.--Not later
than April 1, 2025, the Comptroller General of
the United States shall submit to Congress a
report, which shall include--
``(I) a listing of all funds, and
the net proceeds from the sale of
property, forfeited or paid to the
United States since January 1, 2020, in
an amount greater than $10,000,000 as a
criminal penalty or fine in any matter,
sufficient to identify the source,
including, if applicable, the case name
and the amount of each forfeiture or
payment, except to the extent that any
sealing order requires any portion of
such information to remain
confidential;
``(II) a listing of all funds, and
the net proceeds from the sale of
property, forfeited or paid to the
United States since January 1, 2020, in
an amount greater than $10,000,000 as a
civil penalty or fine in any matter,
sufficient to identify the source,
including, if applicable, the case name
and the amount of each forfeiture or
payment, except to the extent that any
sealing order requires any portion of
such information to remain
confidential;
``(III) an explanation of where
each amount described in subclause (I)
or (II) was deposited, including
deposits into the Fund or the Crime
Victims Fund, which shall include the
nature of each such deposit, and the
statutory basis for each such deposit;
and
``(IV) any interest amount earned
on each amount described in subclause
(I) or (II).
``(vi) GAO triennial report.--Not later
than January 1, 2027, and every 3 years
thereafter, the Comptroller General of the
United States shall submit to Congress a
report--
``(I) evaluating the administration
of the Fund and the sufficiency of
funding for the Fund;
``(II) analyzing funding and
payment trends; and
``(III) describing amounts
outstanding and unpaid on eligible
claims overall, including such amounts
disaggregated by victim group and by
when victims entered the Fund.''.
SEC. 6. ADMINISTRATIVE COSTS AND USE OF DEPARTMENT OF JUSTICE
PERSONNEL.
Section 404(b)(1) of the Justice for United States Victims of State
Sponsored Terrorism Act (34 U.S.C. 20144(b)(1)) is amended by striking
subparagraph (B) and inserting the following:
``(B) Administrative costs and use of department of
justice personnel.--The Special Master may utilize, as
necessary, no more than 10 full-time equivalent
Department of Justice personnel to assist in carrying
out the duties of the Special Master under this
section. Any costs associated with the use of such
personnel, and any other administrative costs of
carrying out this section, shall be paid from the
Fund.''.
SEC. 7. ADDITIONAL REPORTS.
Section 404(d)(4)(D)(iv)(IV) of the Justice for United States
Victims of State Sponsored Terrorism Act (34 U.S.C.
20144(d)(4)(D)(iv)(IV)) is amended by striking item (bb) and inserting
the following:
``(bb) Remaining amounts.--
Not later than 30 days after
the date of enactment of the
American Victims of Terrorism
Compensation Act, all amounts
remaining in the lump sum
catch-up payment reserve fund
in excess of the amounts
described in subclauses (I) and
(II) of clause (iii) shall be
deposited into the Fund under
this section, including all
interest earned on amounts in
the lump sum catch-up payment
reserve fund. All such amounts,
including interest, shall be
included in a supplemental
fifth-round distribution to be
authorized by the Special
Master no later than April 1,
2025, and distributed pursuant
to this section no later than
June 30, 2025 to all claimants
for whom the Special Master
authorized fifth-round
distributions.''.
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