```

[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>
```