Us Congress 2025 2025-2026 Regular Session

Us Congress Senate Bill SB706 Introduced / Bill

Filed 03/19/2025

                    II 
119THCONGRESS 
1
STSESSION S. 706 
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 Ter-
rorism Fund, and for other purposes. 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY25, 2025 
Mr. C
ORNYN(for himself, Mr. BLUMENTHAL, Mr. CRAMER, Mr. SCHUMER, 
and Mr. S
CHIFF) introduced the following bill; which was read twice and 
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-spon-
sored terrorism to ensure consistent and meaningful dis-
tributions from the United States Victims of State Spon-
sored Terrorism Fund, and for other purposes. 
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘American Victims of 4
Terrorism Compensation Act’’. 5
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SEC. 2. TRANSFER OF CERTAIN FUNDS INTO UNITED 1
STATES VICTIMS OF STATE SPONSORED TER-2
RORISM FUND. 3
(a) I
NGENERAL.—Section 404 of the Justice for 4
United States Victims of State Sponsored Terrorism Act 5
(34 U.S.C. 20144) is amended— 6
(1) in subsection (d)(4), by adding at the end 7
the following: 8
‘‘(E) F
IFTH-ROUND PAYMENTS .—All fifth- 9
round payments required to be authorized by 10
the Special Master on or before January 1, 11
2025, shall be distributed to eligible claimants 12
not later than March 14, 2025, or, if an eligible 13
claimant has not provided the Special Master 14
with the payment information required for dis-15
tribution, as soon as practicable after the date 16
of receipt by the Special Master of such infor-17
mation.’’; and 18
(2) in subsection (e)(2), by adding at the end 19
the following: 20
‘‘(C) C
ERTAIN ASSIGNED AND FORFEITED 21
ASSETS.— 22
‘‘(i) B
INANCE HOLDINGS LIMITED .— 23
‘‘(I) I
N GENERAL.— 24
‘‘(aa) A
LREADY DEPOS -25
ITED.—The sum of 26
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$898,619,225, corresponding to 1
the funds, and the net proceeds 2
from the sale of property, for-3
feited to the United States from 4
or in connection with the plea 5
agreement in the proceedings 6
captioned as United States v. 7
Binance Holdings Limited, No. 8
2:23–cr–00178 (RAJ) (W.D. 9
Wash. filed Nov. 14, 2023), al-10
ready deposited into the Fund. 11
‘‘(bb) A
DDITIONAL 12
FUNDS.—The sum of 13
$1,912,031,763, corresponding to 14
a portion of the funds, and the 15
net proceeds from the sale of 16
property, forfeited or paid to the 17
United States arising from or in 18
connection with the proceedings 19
described in item (aa) or any re-20
lated civil or administrative pro-21
ceedings. 22
‘‘(cc) I
NTEREST.—All inter-23
est earned on the amounts de-24
scribed in item (aa) or (bb) from 25
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the date of such forfeiture or 1
payment. 2
‘‘(II) D
EPOSIT IN CVF .—The 3
sum of $1,505,475,575, from the 4
funds, and the net proceeds from the 5
sale of property, paid to the United 6
States arising from or in connection 7
with proceedings described in sub-8
clause (I)(aa) shall be deposited into 9
the Crime Victims Fund established 10
under section 1402 of the Victims of 11
Crime Act of 1984 (34 U.S.C. 12
20101). 13
‘‘(III) T
IMING.—An agency of 14
the United States shall deposit or 15
transfer into the Fund any amount 16
paid by a defendant in such pro-17
ceedings that is required to be depos-18
ited into the Fund pursuant to sub-19
clause (I), plus any interest thereon, 20
not later than the later of— 21
‘‘(aa) 30 days after the re-22
ceipt of such amount by the 23
agency; or 24
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‘‘(bb) 15 days after the date 1
of enactment of this subpara-2
graph. 3
‘‘(ii) D
OJ ASSETS FORFEITURE 4
FUND.— 5
‘‘(I) I
N GENERAL.—Fifty percent 6
of the excess unobligated balance, as 7
defined in section 524(c)(8) of title 8
28, United States Code, of the De-9
partment of Justice Assets Forfeiture 10
Fund established under 524(c)(1) of 11
that title, determined on the later of 12
January 31, or the date of enactment 13
of a final appropriations Act for each 14
fiscal year, to be transferred annually 15
thereafter not later than 30 days after 16
the date of such determination, plus 17
50 percent of any interest amount 18
earned on the investment of any bal-19
ance of the Assets Forfeiture Fund as 20
of that date. 21
‘‘(II) T
RANSFERS.—No transfer 22
pursuant to this subparagraph shall 23
count against any limitation on the 24
use of the excess unobligated balances 25
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described in subclause (I) as provided 1
in an annual appropriations Act or 2
other legislation. 3
‘‘(III) E
XCLUSION OF RESCIS -4
SIONS FOR FISCAL YEAR AFTER DE -5
TERMINATION OF AMOUNT .—For pur-6
poses of subclause (I), the amount of 7
the unobligated balance of the Depart-8
ment of Justice Asset Forfeiture 9
Fund, as of September 30 of a fiscal 10
year, shall be determined without re-11
gard to any rescission of amounts in 12
the fund for the next fiscal year in-13
cluded in an appropriation Act re-14
ferred to in section 105 of title 1, 15
United States Code, including any an-16
ticipated or potential rescission and 17
any rescission given continuing effect 18
for such next fiscal year under an Act 19
making continuing appropriations for 20
such next fiscal year. 21
‘‘(iii) T
REASURY FORFEITURE 22
FUND.— 23
‘‘(I) I
N GENERAL.—Fifty percent 24
of the excess unobligated balance of 25
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the Department of the Treasury For-1
feiture Fund established under section 2
9705 of title 31, United States Code, 3
determined on the later of January 4
31, or the date of enactment of a final 5
appropriations Act for each fiscal 6
year, to be transferred annually there-7
after not later than 30 days after 8
such determination, plus 50 percent of 9
any interest amount earned on the in-10
vestment of any balance of the Treas-11
ury Forfeiture Fund as of that date. 12
‘‘(II) T
RANSFERS.—No transfer 13
pursuant to this subparagraph shall 14
count against any limitation on the 15
use of excess unobligated balances de-16
scribed in subclause (I) as provided in 17
an annual appropriations Act or other 18
legislation. 19
‘‘(III) D
EFINITION OF EXCESS 20
UNOBLIGATED BALANCE .— 21
‘‘(aa) I
N GENERAL.—In this 22
clause, the term ‘excess unobli-23
gated balance’ means the dif-24
ference between— 25
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‘‘(AA) the unobligated 1
balance of the Department 2
of the Treasury Forfeiture 3
Fund, as of September 30 of 4
the fiscal year before the 5
date specified in subclause 6
(I); and 7
‘‘(BB) the amount that 8
is required to be retained in 9
the Department of the 10
Treasury Forfeiture Fund to 11
ensure the availability of 12
amounts in the fiscal year 13
after the fiscal year de-14
scribed in subitem (AA) for 15
the purposes for which 16
amounts in the fund are au-17
thorized to be used. 18
‘‘(bb) E
XCLUSION OF RE -19
SCISSIONS FOR FISCAL YEAR 20
AFTER DETERMINATION OF 21
AMOUNT.—For purposes of sub-22
clause (I), the amount of the un-23
obligated balance of the Depart-24
ment of the Treasury Forfeiture 25
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Fund, as of September 30 of a 1
fiscal year, shall be determined 2
without regard to any rescission 3
of amounts in the fund for the 4
next fiscal year included in an 5
appropriation Act referred to in 6
section 105 of title 1, United 7
States Code, including any antici-8
pated or potential rescission and 9
any rescission given continuing 10
effect for such next fiscal year 11
under an Act making continuing 12
appropriations for such next fis-13
cal year. 14
‘‘(D) I
NTEREST.—All interest earned on 15
any amount deposited or to be deposited into 16
the Fund pursuant to this section, the Amer-17
ican Victims of Terrorism Compensation Act, or 18
an amendment made by that Act, following re-19
ceipt of such amount by any agency of the 20
United States, including all interest earned on 21
the amounts described in subparagraph 22
(C)(i).’’. 23
(b) R
ULE OF CONSTRUCTION.—Nothing in the 24
amendments made by subsection (a) shall be construed to 25
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harm, jeopardize, or impair any amounts previously identi-1
fied for equitable sharing with law enforcement or to limit 2
the right of a direct crime victim to receive restitution or-3
dered by a court before the date of enactment of this Act 4
with respect to any offense in a matter or proceeding from 5
which amounts are to be deposited into the Fund pursuant 6
to the amendments made by subsection (a). 7
SEC. 3. TIMING OF DEPOSIT OF PENALTIES AND FINES 8
INTO THE UNITED STATES VICTIMS OF STATE 9
SPONSORED TERRORISM FUND. 10
(a) F
ORFEITEDFUNDS AND PROPERTY.—Section 11
404(e)(2)(A) of the Justice for United States Victims of 12
State Sponsored Terrorism Act (34 U.S.C. 13
20144(e)(2)(A)) is amended— 14
(1) in clause (i), by striking ‘‘forfeited or’’; 15
(2) in clause (ii), by striking ‘‘forfeited or’’; and 16
(3) by adding at the end the following: 17
‘‘(iii) F
ORFEITURES.— 18
‘‘(I) I
N GENERAL.—All funds, 19
and the net proceeds from the sale of 20
property, forfeited to the United 21
States after the date of enactment of 22
the American Victims of Terrorism 23
Compensation Act, in a matter or pro-24
ceeding arising from a violation of any 25
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license, order, regulation or prohibi-1
tion issued under the International 2
Emergency Economic Powers Act (50 3
U.S.C. 1701 et seq.) or the Trading 4
with the Enemy Act (50 U.S.C. App. 5
1 et seq.) and all funds, and the net 6
proceeds from the sale of property, 7
forfeited to the United States after 8
the date of enactment of the Amer-9
ican Victims of Terrorism Compensa-10
tion Act, in a matter or proceeding in-11
volving, or relating to, or arising from 12
the actions of, or doing business with, 13
or acting on behalf of, a state sponsor 14
of terrorism, without regard to the 15
nature of the offense. 16
‘‘(II) S
COPE.—All funds and net 17
proceeds described in this clause shall 18
be deposited or transferred into the 19
Fund if the state sponsor of terrorism 20
was so designated at the time of the 21
penalty or fine, at any time during the 22
course of any related legal pro-23
ceedings, or at the time of any related 24
conduct. 25
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‘‘(III) RULES OF CONSTRUC -1
TION.—Nothing in this clause shall be 2
construed to limit any rights to court- 3
ordered restitution of any direct crime 4
victim of an offense in a matter or 5
proceeding from which amounts are to 6
be deposited into the Fund pursuant 7
to this subparagraph. Nothing in the 8
American Victims of Terrorism Com-9
pensation Act or an amendment made 10
by that Act that clarifies the scope of 11
forfeiture proceeds to be deposited 12
into the Fund shall be construed to 13
impact the scope or interpretation of 14
criminal or civil penalties or fines that 15
are required to be deposited into the 16
Fund under clauses (i) and (ii) of this 17
subparagraph, which scope is the sub-18
ject of pending litigation and shall be 19
addressed in such litigation or by fu-20
ture legislation as warranted, includ-21
ing as informed by the report by the 22
Comptroller General of the United 23
States regarding proceeds available 24
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for deposit to the Fund required 1
under subsection (b)(1)(A)(v). 2
‘‘(iv) T
IMING.—An agency of the 3
United States shall deposit or transfer into 4
the Fund all funds, and the net proceeds 5
from the sale of property, forfeited or paid 6
to the United States described in this sub-7
paragraph not later than the later of— 8
‘‘(I) 60 days after the receipt of 9
such amount by the agency; or 10
‘‘(II) 30 days after the date of 11
enactment of this clause.’’. 12
SEC. 4. ANNUAL PAYMENTS. 13
Section 404(d)(4) of the Justice for United States 14
Victims of State Sponsored Terrorism Act (34 U.S.C. 15
20144(d)(4)) is amended by striking subparagraph (A) 16
and inserting the following: 17
‘‘(A) I
N GENERAL.—Except as provided in 18
subparagraphs (B), (C), and (D), on January 19
1, 2026, and January 1 of each calendar year 20
thereafter, the Special Master or the Attorney 21
General shall authorize additional payments on 22
a pro rata basis to those claimants with eligible 23
claims under subsection (c)(2) to include all 24
amounts received as of that date by any agency 25
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of the United States that qualifies for deposit 1
or transfer into the Fund, plus all interest 2
earned from the date of receipt of any such 3
amounts through the date of deposit or transfer 4
into the Fund that has not already been distrib-5
uted pursuant to this subsection and is not re-6
quired for the payment of administrative costs 7
or compensation as set forth in subparagraphs 8
(B) and (C) of subsection (b)(1). All authorized 9
payments shall be distributed to the eligible 10
claimants as soon as practicable in the calendar 11
year of authorization, or, if the Special Master 12
or Attorney General authorizes payments prior 13
to January 1, not later than 1 year after the 14
date of such authorization.’’. 15
SEC. 5. REPORT OF FUND ACTIVITY. 16
Section 404(b)(1)(A) of the Justice for United States 17
Victims of State Sponsored Terrorism Act (34 U.S.C. 18
20144(b)(1)(A)) is amended by adding at the end the fol-19
lowing: 20
‘‘(iv) A
TTORNEY GENERAL REPORT .— 21
‘‘(I) R
EPORT.—On January 31 22
of each year, the Special Master shall 23
submit to the chairman and ranking 24
minority member of the Committee on 25
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the Judiciary of the Senate and the 1
chairman and ranking minority mem-2
ber of the Committee on the Judiciary 3
of the House of Representatives a re-4
port on the balance and activity of the 5
Fund, which shall include— 6
‘‘(aa) the total amount in 7
the Fund at the end of the pre-8
ceding fiscal year; 9
‘‘(bb) deposits into the Fund 10
during the preceding fiscal year 11
sufficient to identify the source, 12
including, if applicable, the case 13
name and the amount of each de-14
posit, except to the extent that 15
any sealing order requires any 16
portion of such information to re-17
main confidential; 18
‘‘(cc) disbursements from 19
the Fund during the preceding 20
fiscal year sufficient to identify 21
specific amounts disbursed for 22
victim compensation and other 23
purposes, including for adminis-24
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trative costs and use of Depart-1
ment of Justice personnel; 2
‘‘(dd) the amount, and the 3
basis for the calculation, of any 4
funds deposited into the Fund 5
from the Department of Justice 6
Assets Forfeiture Fund estab-7
lished under 524(c)(1) of title 28, 8
United States Code, and the De-9
partment of the Treasury For-10
feiture Fund established under 11
section 9705 of title 31, United 12
States Code, in the prior fiscal 13
year; 14
‘‘(ee) an explanation of any 15
amounts not deposited into the 16
Fund as a result of any rule of 17
construction pursuant to this Act 18
or the American Victims of Ter-19
rorism Compensation Act; and 20
‘‘(ff) an explanation of all 21
amounts from or relating to 22
cases qualifying for deposit under 23
this Act that are not deposited 24
into the Fund as a result of 25
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inter-agency credits, administra-1
tive costs, or any other reason. 2
‘‘(II) P
UBLICATION.—Not later 3
than March 1 of each year, the Attor-4
ney General shall publish the report 5
required under subclause (I) on the 6
internet website of the Fund. 7
‘‘(v) G
AO REPORT REGARDING PRO -8
CEEDS AVAILABLE FOR DEPOSIT TO THE 9
FUND.—Not later than April 1, 2025, the 10
Comptroller General of the United States 11
shall submit to Congress a report, which 12
shall include— 13
‘‘(I) a listing of all funds, and 14
the net proceeds from the sale of 15
property, forfeited or paid to the 16
United States since January 1, 2020, 17
in an amount greater than 18
$10,000,000 as a criminal penalty or 19
fine in any matter, sufficient to iden-20
tify the source, including, if applica-21
ble, the case name and the amount of 22
each forfeiture or payment, except to 23
the extent that any sealing order re-24
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quires any portion of such information 1
to remain confidential; 2
‘‘(II) a listing of all funds, and 3
the net proceeds from the sale of 4
property, forfeited or paid to the 5
United States since January 1, 2020, 6
in an amount greater than 7
$10,000,000 as a civil penalty or fine 8
in any matter, sufficient to identify 9
the source, including, if applicable, the 10
case name and the amount of each 11
forfeiture or payment, except to the 12
extent that any sealing order requires 13
any portion of such information to re-14
main confidential; 15
‘‘(III) an explanation of where 16
each amount described in subclause 17
(I) or (II) was deposited, including 18
deposits into the Fund or the Crime 19
Victims Fund, which shall include the 20
nature of each such deposit, and the 21
statutory basis for each such deposit; 22
and 23
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‘‘(IV) any interest amount earned 1
on each amount described in sub-2
clause (I) or (II). 3
‘‘(vi) G
AO TRIENNIAL REPORT .—Not 4
later than January 1, 2027, and every 3 5
years thereafter, the Comptroller General 6
of the United States shall submit to Con-7
gress a report— 8
‘‘(I) evaluating the administra-9
tion of the Fund and the sufficiency 10
of funding for the Fund; 11
‘‘(II) analyzing funding and pay-12
ment trends; and 13
‘‘(III) describing amounts out-14
standing and unpaid on eligible claims 15
overall, including such amounts 16
disaggregated by victim group and by 17
when victims entered the Fund.’’. 18
SEC. 6. ADMINISTRATIVE COSTS AND USE OF DEPARTMENT 19
OF JUSTICE PERSONNEL. 20
Section 404(b)(1) of the Justice for United States 21
Victims of State Sponsored Terrorism Act (34 U.S.C. 22
20144(b)(1)) is amended by striking subparagraph (B) 23
and inserting the following: 24
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‘‘(B) ADMINISTRATIVE COSTS AND USE OF 1
DEPARTMENT OF JUSTICE PERSONNEL .—The 2
Special Master may utilize, as necessary, no 3
more than 10 full-time equivalent Department 4
of Justice personnel to assist in carrying out 5
the duties of the Special Master under this sec-6
tion. Any costs associated with the use of such 7
personnel, and any other administrative costs of 8
carrying out this section, shall be paid from the 9
Fund.’’. 10
SEC. 7. ADDITIONAL REPORTS. 11
Section 404(d)(4)(D)(iv)(IV) of the Justice for 12
United States Victims of State Sponsored Terrorism Act 13
(34 U.S.C. 20144(d)(4)(D)(iv)(IV)) is amended by strik-14
ing item (bb) and inserting the following: 15
‘‘(bb) R
EMAINING 16
AMOUNTS.—Not later than 30 17
days after the date of enactment 18
of the American Victims of Ter-19
rorism Compensation Act, all 20
amounts remaining in the lump 21
sum catch-up payment reserve 22
fund in excess of the amounts de-23
scribed in subclauses (I) and (II) 24
of clause (iii) shall be deposited 25
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into the Fund under this section, 1
including all interest earned on 2
amounts in the lump sum catch- 3
up payment reserve fund. All 4
such amounts, including interest, 5
shall be included in a supple-6
mental fifth-round distribution to 7
be authorized by the Special 8
Master not later than April 1, 9
2025, and distributed pursuant 10
to this section not later than 11
June 30, 2025, to all claimants 12
for whom the Special Master au-13
thorized fifth-round distribu-14
tions.’’. 15
Æ 
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