HR1530-119

2. Transfer of certain funds into united states victims of state sponsored terrorism fund Section 404 of the Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended— in subsection (d)(4), by adding at the end the following: 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. in subsection (e)(2), by adding at the end the following: 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. 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. All interest earned on the amounts described in item (aa) or (bb) from the date of such forfeiture or payment. 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). 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— 30 days after the receipt of such amount by the agency; or 15 days after the date of enactment of this subparagraph. 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. 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. 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. 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. 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. In this clause, the term excess unobligated balance means the difference between— 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 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. 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. 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). 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). (E)Fifth-round paymentsAll 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 (C)Certain assigned and forfeited assets(i)Binance holdings limited(I)In general(aa)Already depositedThe 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 fundsThe 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)InterestAll interest earned on the amounts described in item (aa) or (bb) from the date of such forfeiture or payment.(II)Deposit in cvfThe 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)TimingAn 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 generalFifty 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)TransfersNo 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 amountFor 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 generalFifty 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)TransfersNo 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 generalIn 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 amountFor 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)InterestAll 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)..

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: On January 31 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— the total amount in the Fund at the end of the preceding fiscal year; 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; 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; the amount, and the basis for the calculation, of any funds deposited into the Fund from the Department of Justice Assets Forfeiture Fund established under 524(c)(1) of title 28, United States Code, and the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code, in the prior fiscal year; an explanation of any amounts not deposited into the Fund as a result of any rule of construction pursuant to this Act or the American Victims of Terrorism Compensation Act; and an explanation of all amounts from or relating to cases qualifying for deposit under this Act that are not deposited into the Fund as a result of inter-agency credits, administrative costs, or any other reason. Not later than March 1 of each year, the Attorney General shall publish the report required under subclause (I) on the internet website of the Fund. Not later than April 1, 2025, the Comptroller General of the United States shall submit to Congress a report, which shall include— a listing of all funds, and the net proceeds from the sale of property, forfeited or paid to the United States since January 1, 2020, in an amount greater than $10,000,000 as a criminal penalty or fine in any matter, sufficient to identify the source, including, if applicable, the case name and the amount of each forfeiture or payment, except to the extent that any sealing order requires any portion of such information to remain confidential; a listing of all funds, and the net proceeds from the sale of property, forfeited or paid to the United States since January 1, 2020, in an amount greater than $10,000,000 as a civil penalty or fine in any matter, sufficient to identify the source, including, if applicable, the case name and the amount of each forfeiture or payment, except to the extent that any sealing order requires any portion of such information to remain confidential; an explanation of where each amount described in subclause (I) or (II) was deposited, including deposits into the Fund or the Crime Victims Fund, which shall include the nature of each such deposit, and the statutory basis for each such deposit; and any interest amount earned on each amount described in subclause (I) or (II). Not later than January 1, 2027, and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report— evaluating the administration of the Fund and the sufficiency of funding for the Fund; analyzing funding and payment trends; and describing amounts outstanding and unpaid on eligible claims overall, including such amounts disaggregated by victim group and by when victims entered the Fund. (iv)Attorney general report(I)ReportOn January 31 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—(aa)the total amount in the Fund at the end of the preceding fiscal year;(bb)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; (cc)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;(dd)the amount, and the basis for the calculation, of any funds deposited into the Fund from the Department of Justice Assets Forfeiture Fund established under 524(c)(1) of title 28, United States Code, and the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code, in the prior fiscal year;(ee)an explanation of any amounts not deposited into the Fund as a result of any rule of construction pursuant to this Act or the American Victims of Terrorism Compensation Act; and(ff)an explanation of all amounts from or relating to cases qualifying for deposit under this Act that are not deposited into the Fund as a result of inter-agency credits, administrative costs, or any other reason.(II)PublicationNot later than March 1 of each year, the Attorney General shall publish the report required under subclause (I) on the internet website of the Fund.(v)GAO report regarding proceeds available for deposit to the fundNot later than April 1, 2025, the Comptroller General of the United States shall submit to Congress a report, which shall include—(I)a listing of all funds, and the net proceeds from the sale of property, forfeited or paid to the United States since January 1, 2020, in an amount greater than $10,000,000 as a criminal penalty or fine in any matter, sufficient to identify the source, including, if applicable, the case name and the amount of each forfeiture or payment, except to the extent that any sealing order requires any portion of such information to remain confidential;(II)a listing of all funds, and the net proceeds from the sale of property, forfeited or paid to the United States since January 1, 2020, in an amount greater than $10,000,000 as a civil penalty or fine in any matter, sufficient to identify the source, including, if applicable, the case name and the amount of each forfeiture or payment, except to the extent that any sealing order requires any portion of such information to remain confidential;(III)an explanation of where each amount described in subclause (I) or (II) was deposited, including deposits into the Fund or the Crime Victims Fund, which shall include the nature of each such deposit, and the statutory basis for each such deposit; and(IV)any interest amount earned on each amount described in subclause (I) or (II).(vi)GAO triennial reportNot 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;(II)analyzing funding and payment trends; and(III)describing amounts outstanding and unpaid on eligible claims overall, including such amounts disaggregated by victim group and by when victims entered the Fund..