119-hr1530

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1530 Introduced in House

    (IH) ]

<DOC>

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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