[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