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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8419 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8419
To amend the Justice for United States Victims of State Sponsored
Terrorism Act to provide funding for United States victims of state-
sponsored terrorism by ensuring consistent and meaningful distributions
from the United States Victims of State Sponsored Terrorism Fund, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2024
Mr. Lawler (for himself, Ms. Malliotakis, Mr. Gottheimer, Mr. Goldman
of New York, Mr. James, Mr. Stanton, Mr. Espaillat, Mr. D'Esposito, Mr.
Van Drew, Mr. Suozzi, Mr. Nadler, Mr. Molinaro, Mr. Williams of New
York, Mr. Ryan, Mr. Norcross, Mr. Schiff, Ms. Stefanik, Mr. LaLota, Mr.
Langworthy, Ms. Tenney, Mr. Nehls, Mr. Garbarino, Ms. Meng, Mr.
Pallone, Mr. Deluzio, and Mr. Torres of New York) 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 provide funding for United States victims of state-
sponsored terrorism by ensuring 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.--
``(i) In general.--The Special Master shall
authorize fifth-round payments to satisfy
eligible claims under this section not later
than July 1, 2024. All authorized payments
shall be distributed to eligible claimants not
later than December 31, 2024, 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)--
(A) in paragraph (2), by adding at the end the
following:
``(C) Certain assigned and forfeited assets.--
``(i) Binance holdings limited.--
``(I) In general.--Funds and the
net proceeds from the sale of property,
forfeited or paid to the United States
as a criminal penalty or fine 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)--
``(aa) which shall include
the $898,618,825 that is
required to be paid within 30
days of sentencing; and
``(bb) which may include
other funds and net proceeds
that qualify for deposit or
transfer into the Fund.
``(II) Timing.--An agency of the
United States shall deposit or transfer
into the Fund any amount paid by a
defendant in such proceedings pursuant
to the plea agreement that is to be
deposited or transferred into the Fund
in accordance with subclause (I) 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.--Fifty
percent of the excess unobligated balance of
the Department of Justice Assets Forfeiture
Fund established under 524(c)(1) of title 28,
United States Code, to be paid on annually on
December 1, beginning on December 1, 2024.
``(iii) Treasury forfeiture fund.--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, to be paid annually on
December 1, beginning on December 1, 2024.
``(iv) Definition.--In this subparagraph:
``(I) In general.--The term `excess
unobligated balance' with respect to a
fund, means the difference between--
``(aa) the unobligated
balance of the fund, as of
September 30 of the fiscal year
before the date specified in
subclause (I) or (II) of clause
(ii) or in subclause (I) or
(II) of clause (iii), as
applicable; and
``(bb) the amount that is
required to be retained in the
fund to ensure the availability
of amounts in the fiscal year
after the fiscal year described
in item (aa) for the purposes
for which amounts in the fund
are authorized to be used.
``(II) Exclusion of rescissions for
fiscal year after determination of
amount.--For purposes of subclause
(I)(aa), the amount of the unobligated
balance of a 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.''.
(b) Rule of Construction.--Nothing in the amendments made by
subsection (a) shall be construed to harm, jeopardize, or impair
equitable sharing with law enforcement or restitution owed to crime
victims.
SEC. 3. DEPOSIT OF TERRORISM-RELATED PENALTIES AND FINES INTO THE
UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM FUND.
(a) Criminal 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 by striking clause (i) and inserting
the following:
``(i) Criminal funds and property.--
``(I) In general.--All funds, and
the net proceeds from the sale of
property, forfeited or paid to the
United States after the date of
enactment of the American Victims of
Terrorism Compensation Act as a
criminal penalty or fine in a matter or
proceeding involving, 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) Rule of construction.--
Nothing in this clause shall be
construed to limit any rights to court-
ordered restitution of any direct
victim of an offense in a matter or
proceeding from which amounts are to be
deposited into the Fund pursuant to
this clause.''.
(b) Civil 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 by striking clause (ii) and inserting the
following:
``(ii) Civil funds and property.--
``(I) In general.--Seventy-five
percent of all funds, and seventy-five
percent of the net proceeds from the
sale of property, forfeited or paid to
the United States after the date of
enactment of the American Victims of
Terrorism Compensation Act, as a civil
penalty or fine in a matter or
proceeding involving, 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) Rule of construction.--
Nothing in this clause shall be
construed to limit any rights to court-
ordered restitution of any direct
victim of an offense in a matter or
proceeding from which amounts are to be
deposited into the Fund pursuant to
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, 2025,
and January 1 of each calendar year thereafter, the
Special Master or the Attorney General shall authorize
a general distribution of payments on a pro rata basis
to those claimants with eligible claims under
subsection (c)(2). 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. Except as
provided in this subparagraph, the Special Master shall
not be required to authorize more than 1 general
distribution in any calendar year, but may, in the sole
discretion of the Special Master, authorize any such
additional general distributions, if appropriate.''.
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) Special master report.--On January 1
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--
``(I) the total amount in the Fund
at the end of the preceding fiscal
year;
``(II) 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; and
``(III) 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;
``(v) GAO 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; and
``(II) making recommendations for
any further funding of the Fund.''.
SEC. 6. DEFINITIONS.
Section 404(j) of the Justice for United States Victims of State
Sponsored Terrorism Act (34 U.S.C. 20144(d)(4)) is amended by adding at
the end the following:
``(17) General distribution.--The term `general
distribution' means any distribution for all eligible claims
pursuant to section (d)(1).''.
SEC. 7. 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. 8. ADDITIONAL REPORTS.
Section 404(d)(4)(D)(iv)(IV)(bb) of the Justice for United States
Victims of State Sponsored Terrorism Act (34 U.S.C.
20144(d)(4)(D)(iv)(IV)(bb)) is amended by inserting ``not later than 90
days after the date on which the Special Master makes the authorization
under subclause (II)'' before the period at the end.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by Voice Vote.
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