[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 895 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 895

To amend the Internal Revenue Code of 1986 to provide an exemption from 
 gross income for mandatory restitution or civil damages as recompense 
                      for trafficking in persons.


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                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2021

Mr. Cornyn (for himself, Mr. Wyden, Mr. Portman, Mr. Carper, Mr. Scott 
of South Carolina, Mr. Lankford, Mr. Wicker, and Ms. Sinema) introduced 
the following bill; which was read twice and referred to the Committee 
                               on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to provide an exemption from 
 gross income for mandatory restitution or civil damages as recompense 
                      for trafficking in persons.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Trafficking Survivor Tax 
Relief Act''.

SEC. 2. EXEMPTING FROM FEDERAL INCOME TAXATION RESTITUTION AND CIVIL 
              DAMAGES AWARDED UNDER SECTIONS 1593 AND 1595 OF TITLE 18, 
              UNITED STATES CODE.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986, as amended by section 9501(b)(4) of the 
American Rescue Plan Act of 2021 (Public Law 117-2), is amended by 
inserting before section 140 the following new section:

``SEC. 139J. CERTAIN AMOUNT RECEIVED AS RESTITUTION OR CIVIL DAMAGES AS 
              RECOMPENSE FOR TRAFFICKING IN PERSONS.

    ``(a) Exclusion From Gross Income.--Gross income shall not include 
any civil damages, restitution, or other monetary award (including 
compensatory or statutory damages and restitution imposed in a criminal 
matter) awarded--
            ``(1) pursuant to an order of restitution under section 
        1593 of title 18, United States Code, or
            ``(2) in an action under section 1595 of title 18, United 
        States Code.''.
    (b) Conforming Amendment.--The table of sections for part III of 
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is 
amended by inserting before the item relating to section 140 the 
following new item:

``Sec. 139J. Certain amount received as restitution or civil damages as 
                            recompense for trafficking in persons.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.
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