Sec. 403. North Korea Enforcement and Humanitarian Fund
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There is established in the Treasury of the United States a fund to be known as the North Korea Enforcement and Humanitarian Fund (referred to in this section as the Fund ). The President shall deposit into the Fund, and shall transfer and consolidate on the books of the Treasury in a special account for the purposes described in subsection (c), all revenues derived from— fines and penalties assessed for violations of this Act, or any regulation established under this Act, or for any violation of an applicable Executive order; and except as provided in section 105(c), all fines and penalties paid in lieu of the commencement of, or paid in settlement of, criminal or civil proceedings for a violation of this Act or any regulation established under this Act, or for any violation of an applicable Executive order.
There are authorized to be appropriated from the Fund each fiscal year— such amounts as may be specified in an Act making appropriations for the administration of the Fund; and without regard to fiscal year limitation, amounts not exceeding— to carry out section 103 of the North Korea Human Rights Act of 2004 ( 22 U.S.C. 7813 ), $3,000,000; to carry out section 104 of the North Korea Human Rights Act of 2004 ( 22 U.S.C. 7814 ), $5,000,000; to carry out section 203 of the North Korea Human Rights Act of 2004 ( 22 U.S.C. 7833 ), $5,000,000; and to carry out subsection
(d)of section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) (as added by section 301 of this Act), $2,000,000. The President may direct a transfer of funds from the Fund established under this section to the United States district court in which any judgment has been entered against the Government of North Korea pursuant to section 1605A of title 28, United States Code, pursuant to section 1083(c)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( 28 U.S.C. 1605A note), or pursuant to section 201 of the Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note), such amounts as may be available after the obligation of amounts appropriated pursuant to the authorization of appropriations under subsection (c), for the satisfaction of such judgments. Nothing in this section, any amendment made by section 105, or section 306 shall be construed to create standing by any judgment creditor to contest or intervene in a forfeiture action under chapter 46 of title 18, United States Code. Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall provide a briefing to the appropriate congressional committees describing amounts available in the Fund, amounts obligated and expended for each purpose, and any amounts transferred out of the Fund. To prevent the accumulation of excessive surpluses in the Fund, in any fiscal year an amount specified in an annual appropriation law that is available after the obligation of amounts authorized to be appropriated in subsection
(c)and authorized to be transferred in subsection (d), may be transferred out of the Fund and deposited, in equal proportions, into the funds established under section 524(c) of title 28, United States Code, and section 9703 of title 31, United States Code. The Fund established under this section shall cease to exist on September 30, 2023, and any unexpended funds remaining in the Fund after such date shall be transferred in accordance with subsection (f).
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- 28 USC 1605A
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Sec. 403
North Korea Enforcement and Humanitarian Fund
Cite28 USC 1605A
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