S.706 - American Victims of Terrorism Compensation Act (119th Congress)
Summary
S.706, the American Victims of Terrorism Compensation Act, aims to amend the Justice for United States Victims of State Sponsored Terrorism Act. The primary goal is to clarify and supplement funding sources for victims of state-sponsored terrorism. This ensures consistent and meaningful distributions from the United States Victims of State Sponsored Terrorism Fund.
The bill focuses on transferring certain forfeited assets, including those from cases like United States v. Binance Holdings Limited, into the fund. It also mandates annual payments to eligible claimants and requires regular reports on the fund's activity from both the Attorney General and the Comptroller General.
Additionally, the bill addresses administrative costs and the use of Department of Justice personnel, ensuring efficient management and distribution of funds to the victims.
Expected Effects
This act will likely result in a more robust and reliable stream of compensation for victims of state-sponsored terrorism. The clarification of funding sources and the mandated transfer of assets will increase the fund's capacity.
Victims should receive more timely and consistent payments. The increased oversight and reporting requirements aim to ensure transparency and accountability in the fund's management.
Ultimately, the act seeks to provide better support and justice for those affected by terrorism, offering a tangible form of assistance and recognition.
Potential Benefits
- Increased Funding: The act mandates the transfer of significant funds from forfeited assets, including those from the Binance Holdings case, into the United States Victims of State Sponsored Terrorism Fund.
- Timely Payments: The bill sets specific deadlines for the distribution of fifth-round payments and mandates annual payments to eligible claimants, ensuring victims receive compensation more promptly.
- Enhanced Transparency: The act requires regular reports on the fund's activity from the Attorney General and the Comptroller General, promoting accountability and oversight.
- Efficient Administration: The bill addresses administrative costs and the use of Department of Justice personnel, streamlining the management of the fund and ensuring resources are used effectively.
- Broader Scope: The act clarifies the scope of forfeiture proceeds to be deposited into the Fund, potentially capturing a wider range of assets linked to state-sponsored terrorism.
Potential Disadvantages
- Potential Litigation: The bill acknowledges pending litigation regarding the scope of criminal or civil penalties and fines, which could delay or complicate the deposit of certain funds into the Fund.
- Administrative Burden: The increased reporting requirements and administrative tasks could place a burden on the Special Master and the Department of Justice, potentially diverting resources from direct victim compensation.
- Uncertainty in Asset Availability: The availability of funds from forfeited assets is subject to legal proceedings and market conditions, which could impact the overall funding level of the Fund.
- Possible Delays: While the bill aims to expedite payments, unforeseen administrative or legal challenges could still cause delays in the distribution of funds to eligible claimants.
- Complexity: The bill introduces several amendments and clarifications to existing legislation, which could make the process of claiming compensation more complex for victims.
Constitutional Alignment
The bill aligns with the US Constitution by promoting justice and providing for the general welfare of citizens who have been victims of state-sponsored terrorism. While the Constitution does not explicitly address compensation for victims of terrorism, the bill falls under the implied powers of Congress to enact legislation necessary and proper for carrying out its enumerated powers, as described in Article I, Section 8.
The Fifth Amendment's Due Process Clause ensures that the government acts fairly and justly in its dealings with citizens. Providing compensation to victims of terrorism can be seen as a way to uphold this principle by offering redress for the harm they have suffered.
Furthermore, the bill's provisions for transferring forfeited assets and imposing penalties are consistent with the government's power to enforce laws and punish offenders, as outlined in various constitutional provisions.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).