118 HR 8419 IH: American Victims of Terrorism Compensation Act
U.S. House of Representatives
2024-05-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
2d Session
H. R. 8419
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.
1.

Short title
This Act may be cited as the “American Victims of Terrorism Compensation Act”.
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.
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.”.
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.”.
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.”.
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).”.
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.”.
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.