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Code · BILL · 113th Congress · H.R. 3530 (Introduced in House) — To provide justice for the victims of trafficking. · Sec. 2

Sec. 2. Domestic trafficking victims' fund

596 words·~3 min read·/bill/113/hr/3530/ih/section-2

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Chapter 201 of title 18, United States Code, is amended by adding at the end the following: In addition to the assessment imposed under section 3013, the court shall assess an amount of $5,000 on any person or entity convicted of an offense under— chapter 77 (relating to peonage, slavery, and trafficking in persons); chapter 109A (relating to sexual abuse); chapter 110 (relating to sexual exploitation and other abuse of children); chapter 117 (relating to transportation for illegal sexual activity and related crimes); or section 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ) (relating to human smuggling), unless the person induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
An assessment under subsection
(a)shall not be payable until the person subject to the assessment has satisfied all outstanding court-ordered fines and orders of restitution arising from the criminal convictions on which the special assessment is based. There is established in the Treasury of the United States a fund, to be known as the Domestic Trafficking Victims' Fund (referred to in this section as the Fund ), to be administered by the Attorney General, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services. Notwithstanding section 3302 of title 31, United States Code, or any other law regarding the crediting of money received for the Government, there shall be deposited in the Fund an amount equal to the amount of the assessments collected under this section, which shall remain available until expended. From amounts in the Fund, and without further appropriation, the Attorney General, in coordination with the Secretary of Health and Human Services shall, for each of fiscal years 2015 through 2019, use amounts available in the Fund to award grants or enhance victims' programming under— sections 202, 203, and 204 of the Trafficking Victims Protection Reauthorization Act of 2005 ( 42 U.S.C. 14044a , 14044b, and 14044c); subsections (b)(2) and
(f)of section 107 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105 ); and section 214(b) of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13002(b) ). Of the amounts in the Fund used under paragraph (1), not less than $2,000,000 shall be used for grants to provide services for child pornography victims under section 214(b) of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13002(b) ). Effective on the day after the date of enactment of the Justice for Victims of Trafficking Act of 2013 , on September 30 of each fiscal year, all unobligated balances in the Fund shall be transferred to the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 ( 42 U.S.C. 10601 ). Amounts transferred under paragraph (1)— shall be available for any authorized purpose of the Crime Victims Fund; and shall remain available until expended. The amount assessed under subsection
(a)shall, subject to subsection (b), be collected in the manner that fines are collected in criminal cases. The obligation to pay an assessment imposed on or after the date of enactment of the Justice for Victims of Trafficking Act of 2013 shall not cease until the assessment is paid in full. . The table of sections for chapter 201 of title 18, United States Code, is amended by inserting after the item relating to section 3013 the following: 3014. Additional special assessment. .
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