I 
113TH CONGRESS 
1ST SESSION H. R. 3530 
To provide justice for the victims of trafficking. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2013 
Mr. POE of Texas (for himself, Mrs. CAROLYN B. MALONEY of New York, 
Mr. NOLAN, Mrs. MILLER of Michigan, and Ms. GRANGER) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To provide justice for the victims of trafficking. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice for Victims 
of Trafficking Act of 2013’’. 
SEC. 2. DOMESTIC TRAFFICKING VICTIMS’ FUND. 
(a) IN GENERAL.—Chapter 201 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 3014. Additional special assessment 
‘‘(a) 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— 
‘‘(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 Na-
tionality 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) An assessment under subsection (a) shall not be 
payable until the person subject to the assessment has sat-
isfied all outstanding court-ordered fines and orders of 
restitution arising from the criminal convictions on which 
the special assessment is based. 
‘‘(c) There is established in the Treasury of the 
United States a fund, to be known as the ‘Domestic Traf-
ficking Victims’ Fund’ (referred to in this section as the 
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‘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) 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 depos-
ited in the Fund an amount equal to the amount of the 
assessments collected under this section, which shall re-
main available until expended. 
‘‘(e)(1) From amounts in the Fund, and without fur-
ther 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— 
‘‘(A) sections 202, 203, and 204 of the Traf-
ficking Victims Protection Reauthorization Act of 
2005 (42 U.S.C. 14044a, 14044b, and 14044c); 
‘‘(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) Of the amounts in the Fund used under para-
graph (1), not less than $2,000,000 shall be used for 
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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)). 
‘‘(f)(1) Effective on the day after the date of enact-
ment of the Justice for Victims of Trafficking Act of 2013, 
on September 30 of each fiscal year, all unobligated bal-
ances in the Fund shall be transferred to the Crime Vic-
tims Fund established under section 1402 of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601). 
‘‘(2) Amounts transferred under paragraph (1)— 
‘‘(A) shall be available for any authorized pur-
pose of the Crime Victims Fund; and 
‘‘(B) shall remain available until expended. 
‘‘(g) The amount assessed under subsection (a) shall, 
subject to subsection (b), be collected in the manner that 
fines are collected in criminal cases. 
‘‘(h) 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 assess-
ment is paid in full.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 201 of title 18, United 
States Code, is amended by inserting after the item relat-
ing to section 3013 the following: 
‘‘3014. Additional special assessment.’’. 
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SEC. 3. OFFICIAL RECOGNITION OF AMERICAN VICTIMS OF 
HUMAN TRAFFICKING. 
Section 107(f) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7105) is amended by adding at 
the end the following: 
‘‘(4) OFFICIAL RECOGNITION OF AMERICAN VIC-
TIMS OF HUMAN TRAFFICKING.— 
‘‘(A) IN GENERAL.—Upon receiving cred-
ible information that establishes by a prepon-
derance of the evidence that a covered indi-
vidual is a victim of a severe form of trafficking 
and at the request of the covered individual, the 
Secretary of Health and Human Services shall 
promptly issue a determination that the covered 
individual is a victim of a severe form of traf-
ficking. The Secretary shall have exclusive au-
thority to make such a determination. 
‘‘(B) COVERED INDIVIDUAL DEFINED.—In 
this subsection, the term ‘covered individual’ 
means— 
‘‘(i) a citizen of the United States; or 
‘‘(ii) an alien lawfully admitted for 
permanent residence (as that term is de-
fined in section 101(20) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1101(20))). 
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‘‘(C) PROCEDURE.—For purposes of this 
paragraph, in determining whether a covered 
individual has provided credible information 
that the covered individual is a victim of a se-
vere form of trafficking, the Secretary of 
Health and Human Services shall consider all 
relevant and credible evidence, and if appro-
priate, consult with the Attorney General, the 
Secretary of Homeland Security, or the Sec-
retary of Labor. 
‘‘(D) PRESUMPTIVE EVIDENCE.—For pur-
poses of this paragraph, the following forms of 
evidence shall receive deference in determining 
whether a covered individual has established 
that the covered individual is a victim of a se-
vere form of trafficking: 
‘‘(i) A sworn statement by the covered 
individual or a representative of the cov-
ered individual if the covered individual is 
present at the time of such statement but 
not able to competently make such sworn 
statement. 
‘‘(ii) Police, government agency, or 
court records or files. 
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‘‘(iii) Documentation from a social 
services, trafficking, or domestic violence 
program, child welfare or runaway and 
homeless youth program, or a legal, clin-
ical, medical, or other professional from 
whom the covered individual has sought as-
sistance in dealing with the crime. 
‘‘(iv) A statement from any other in-
dividual 
with 
knowledge 
of 
the 
cir-
cumstances that provided the basis for the 
claim. 
‘‘(v) Physical evidence. 
‘‘(E) REGULATIONS REQUIRED.—Not later 
than 180 days after the date of enactment of 
the Justice for Victims of Trafficking Act of 
2013, the Secretary of Health and Human 
Services shall adopt regulations to implement 
this paragraph. 
‘‘(F) RULE OF CONSTRUCTION; OFFICIAL 
RECOGNITION
OPTIONAL.—Nothing 
in 
this 
paragraph shall be construed to require a cov-
ered individual to obtain a determination under 
this paragraph in order to be defined or classi-
fied as a victim of a severe form of trafficking 
under this section.’’. 
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SEC. 4. VICTIM-CENTERED SEX TRAFFICKING DETERRENCE 
BLOCK GRANT PROGRAM. 
Section 203 of the Trafficking Victims Protection Re-
authorization Act of 2005 (42 U.S.C. 14044b) is amended 
to read as follows: 
‘‘SEC. 203. VICTIM-CENTERED CHILD HUMAN TRAFFICKING 
DETERRENCE BLOCK GRANT PROGRAM. 
‘‘(a) GRANTS AUTHORIZED.—The Attorney General 
may make block grants to an eligible entity to develop, 
improve, or expand comprehensive domestic child human 
trafficking deterrence programs that assist law enforce-
ment officers, prosecutors, judicial officials, and qualified 
victims’ services organizations in collaborating to rescue 
and restore the lives of victims, while investigating and 
prosecuting offenses involving child human trafficking. 
‘‘(b) AUTHORIZED
ACTIVITIES.—Grants awarded 
under subsection (a) may be used for— 
‘‘(1) the establishment or enhancement of spe-
cialized training programs for law enforcement offi-
cers, first responders, health care officials, child wel-
fare officials, juvenile justice personnel, prosecutors, 
and judicial personnel to— 
‘‘(A) identify victims and acts of child 
human trafficking; 
‘‘(B) address the unique needs of child vic-
tims of human trafficking; 
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‘‘(C) facilitate the rescue of child victims of 
human trafficking; 
‘‘(D) investigate and prosecute acts of 
human trafficking, including the soliciting, pa-
tronizing, or purchasing of commercial sex acts 
from children, as well as training to build cases 
against complex criminal networks involved in 
child human trafficking; 
‘‘(E) use laws that prohibit acts of child 
human trafficking, child sexual abuse, and child 
rape, and to assist in the development of State 
and local laws to prohibit, investigate, and pros-
ecute acts of child human trafficking; and 
‘‘(F) implement and provide education on 
safe harbor laws enacted by States, aimed at 
preventing the criminalization and prosecution 
of child sex trafficking victims for prostitution 
offenses; 
‘‘(2) the establishment or enhancement of dedi-
cated anti-trafficking law enforcement units and 
task forces to investigate child human trafficking of-
fenses and to rescue victims, including— 
‘‘(A) funding salaries, in whole or in part, 
for law enforcement officers, including patrol 
officers, detectives, and investigators, except 
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that the percentage of the salary of the law en-
forcement officer paid for by funds from a 
grant awarded under this section shall not be 
more than the percentage of the officer’s time 
on duty that is dedicated to working on cases 
involving child human trafficking; 
‘‘(B) investigation expenses for cases in-
volving child human trafficking, including— 
‘‘(i) wire taps; 
‘‘(ii) consultants with expertise spe-
cific to cases involving child human traf-
ficking; 
‘‘(iii) travel; and 
‘‘(iv) other technical assistance ex-
penditures; 
‘‘(C) dedicated anti-trafficking prosecution 
units, including the funding of salaries for 
State and local prosecutors, including assisting 
in paying trial expenses for prosecution of child 
human trafficking offenders, except that the 
percentage of the total salary of a State or local 
prosecutor that is paid using an award under 
this section shall be not more than the percent-
age of the total number of hours worked by the 
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prosecutor that is spent working on cases in-
volving child human trafficking; and 
‘‘(D) the establishment of child human 
trafficking victim witness safety, assistance, 
and relocation programs that encourage co-
operation with law enforcement investigations 
of crimes of child human trafficking by 
leveraging existing resources and delivering 
child 
human 
trafficking 
victims’ 
services 
through coordination with— 
‘‘(i) child advocacy centers; 
‘‘(ii) social service agencies; 
‘‘(iii) State governmental health serv-
ice agencies; 
‘‘(iv) housing agencies; 
‘‘(v) legal services agencies; and 
‘‘(vi) non-governmental organizations 
and shelter service providers with substan-
tial experience in delivering comprehensive 
services to victims of child human traf-
ficking; and 
‘‘(3) the establishment or enhancement of prob-
lem solving court programs for trafficking victims 
that include— 
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