18 USC 3014 - Additional special assessment

U.S Code last checked for updates: Nov 22, 2024

§ 3014.

Additional special assessment

(a)

In General.—

Beginning on the date of enactment of the Justice for Victims of Trafficking Act of 2015 and ending on December 23, 2024, in addition to the assessment imposed under section 3013, the court shall assess an amount of $5,000 on any non-indigent person or entity convicted of an offense under—

(1)

chapter 77 (relating to peonage, slavery, and trafficking in persons);

(2)

chapter 109A (relating to sexual abuse);

(3)

chapter 110 (relating to sexual exploitation and other abuse of children);

(4)

chapter 117 (relating to transportation for illegal sexual activity and related crimes); or

(5)

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.

(b)

Satisfaction of Other Court-Ordered Obligations.—

An assessment under subsection (a) shall not be payable until the person subject to the assessment has satisfied all outstanding court-ordered fines, orders of restitution, and any other obligation related to victim-compensation arising from the criminal convictions on which the special assessment is based.

(c)

Establishment of Domestic Trafficking Victims’ Fund.—

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.

(d)

Transfers.—

In a manner consistent with section 3302(b) of title 31, there shall be transferred to the Fund from the General Fund of the Treasury an amount equal to the amount of the assessments collected under this section, which shall remain available until expended.

(e)

Use of Funds.—

(1)

In general.—

From amounts in the Fund, in addition to any other amounts available, and without further appropriation, the Attorney General, in coordination with the Secretary of Health and Human Services shall, for each of fiscal years 2016 through 2027, use amounts available in the Fund to award grants or enhance victims’ programming under—

(A)

section 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20705);

(B)

subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105);

(C)

section 214(b) of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20304); 1

 So in original. Probably should be “(34 U.S.C. 20304(b));”.

and

(D)

section 106 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21116).

(2)

Limitation.—

Except as provided in subsection (h)(2), none of the amounts in the Fund may be used to provide health care or medical items or services.

(f)

Collection Method.—

The amount assessed under subsection (a) shall, subject to subsection (b), be collected in the manner that fines are collected in criminal cases, including the mandatory imposition of civil remedies for satisfaction of an unpaid fine as authorized under section 3613, where appropriate.

(g)

Duration of Obligation.—

Subject to section 3613(b), the obligation to pay an assessment imposed on or after the date of enactment of the Justice for Victims of Trafficking Act of 2015 shall not cease until the assessment is paid in full.

(h)

Health or Medical Services.—

(1)

Transfer of funds.—

From amounts appropriated under subparagraphs (E) and (F) of section 10503(b)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(1)), there shall be transferred to the Fund an amount equal to the amount transferred under subsection (d) for each fiscal year, except that the amount transferred under this paragraph shall not be less than $5,000,000 or more than $30,000,000 in each such fiscal year, and such amounts shall remain available until expended.

(2)

Use of funds.—

The Attorney General, in coordination with the Secretary of Health and Human Services, shall use amounts transferred to the Fund under paragraph (1) to award grants that may be used for the provision of health care or medical items or services to victims of trafficking under—

(A)

sections 202, 203, and 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044a, 14044b, and 14044c); 2

 See References in Text note below.

(B)

subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105); and

(C)

section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).²

(3)

Grants.—

Of the amounts in the Fund used under paragraph (1), not less than $2,000,000, if such amounts are available in the Fund during the relevant fiscal year, shall be used for grants to provide services for child pornography victims and child victims of a severe form of trafficking (as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102)) under section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).²

(4)

Application of provision.—

The application of the provisions of section 221(c) of the Medicare Access and CHIP Reauthorization Act of 2015, section 50901(e) of the Advancing Chronic Care, Extenders, and Social Services Act, section 3831 of the CARES Act, section 2101 of the Continuing Appropriations Act, 2021 and Other Extensions Act, section 1201(d) of the Further Continuing Appropriations Act, 2021, and Other Extensions Act, section 301(d) of division BB of the Consolidated Appropriations Act, 2021, section 2321(d) of the Continuing Appropriations Act, 2024 and Other Extensions Act, section 201(d) of the Further Continuing Appropriations and Other Extensions Act, 2024, section 101(d) of the Further Additional Continuing Appropriations and Other Extensions Act, 2024, and section 101(d) of the Consolidated Appropriations Act, 2024 shall continue to apply to the amounts transferred pursuant to paragraph (1).

(Added and amended Pub. L. 114–22, title I, § 101(a), title IX, § 905, May 29, 2015, 129 Stat. 228, 266; Pub. L. 115–96, div. C, title I, § 3101(e), Dec. 22, 2017, 131 Stat. 2049; Pub. L. 115–123, div. E, title IX, § 50901(f), Feb. 9, 2018, 132 Stat. 289; Pub. L. 115–392, § 2(b), Dec. 21, 2018, 132 Stat. 5250; Pub. L. 116–59, div. B, title I, § 1101(e), Sept. 27, 2019, 133 Stat. 1103; Pub. L. 116–69, div. B, title I, § 1101(e), Nov. 21, 2019, 133 Stat. 1136; Pub. L. 116–94, div. N, title I, § 401(e), Dec. 20, 2019, 133 Stat. 3113; Pub. L. 116–136, div. A, title III, § 3831(e), Mar. 27, 2020, 134 Stat. 434; Pub. L. 116–159, div. C, title I, § 2101(e), Oct. 1, 2020, 134 Stat. 729; Pub. L. 116–215, div. B, title II, § 1201(e), Dec. 11, 2020, 134 Stat. 1044; Pub. L. 116–260, div. BB, title III, § 301(e), Dec. 27, 2020, 134 Stat. 2922; Pub. L. 117–43, div. D, title I, § 3103, Sept. 30, 2021, 135 Stat. 380; Pub. L. 117–70, div. C, title I, § 2102, Dec. 3, 2021, 135 Stat. 1504; Pub. L. 117–86, div. B, title I, § 1102, Feb. 18, 2022, 136 Stat. 17; Pub. L. 117–103, div. O, title IV, § 401, Mar. 15, 2022, 136 Stat. 788; Pub. L. 117–177, § 1, Sept. 16, 2022, 136 Stat. 2109; Pub. L. 117–180, div. C, title I, § 102, Sept. 30, 2022, 136 Stat. 2133; Pub. L. 117–229, div. B, title I, § 102, Dec. 16, 2022, 136 Stat. 2309; Pub. L. 117–328, div. X, § 101, Dec. 29, 2022, 136 Stat. 5523; Pub. L. 117–347, title I, § 105(c), Jan. 5, 2023, 136 Stat. 6204; Pub. L. 118–15, div. B, title III, § 2321(e), Sept. 30, 2023, 137 Stat. 95; Pub. L. 118–22, div. B, title II, § 201(e), Nov. 17, 2023, 137 Stat. 120; Pub. L. 118–35, div. B, title I, § 101(e), Jan. 19, 2024, 138 Stat. 5; Pub. L. 118–42, div. G, title I, § 101(e), Mar. 9, 2024, 138 Stat. 398.)

cite as: 18 USC 3014