[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