[Congressional Record Volume 161, Number 53 (Tuesday, April 14, 2015)]
[Senate]
[Page S2182]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1120. Mr. McCONNELL (for Mr. Cornyn) proposed an amendment to the
bill S. 178, to provide justice for the victims of trafficking; as
follows:
Strike section 101 and insert the following:
SEC. 101. DOMESTIC TRAFFICKING VICTIMS' FUND.
(a) In General.--Chapter 201 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 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 September, 30 2019, 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 and orders of restitution
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 2019, use amounts available in the
Fund to award grants or enhance victims' programming under--
``(A) sections 202, 203, and 204 of the Trafficking 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) 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 under section 214(b) of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13002(b)).
``(3) Application.--Amounts transferred from the Fund
pursuant to this section for each of fiscal years 2016
through 2019 are subject to the requirements contained in
Public Law 113-235 for funds for programs authorized under
sections 330 through 340 of the Public Health Service Act (42
U.S.C. 254b-256).
``(f) Transfers.--
``(1) In general.--Effective on the day after the date of
enactment of the Justice for Victims of Trafficking Act of
2015, 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).
``(2) Availability.--Amounts transferred under paragraph
(1)--
``(A) shall be available for any authorized purpose of the
Crime Victims Fund; and
``(B) shall remain available until expended.
``(g) 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.
``(h) 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.
``(i) Authorization of Appropriations.--
``(1) Written certification.--Not later than September 30,
2016, and each September 30 thereafter, the Attorney General
shall submit to Congress a written certification as to the
total amount in the Fund.
``(2) Authorization of appropriations.--In any fiscal year
for which a written certification submitted under paragraph
(1) indicates the total amount in the Fund is less than
$30,000,000, there is authorized to be appropriated to the
Fund an amount equal to $30,000,000 minus the total amount
indicated in the certification.''.
(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 relating to section 3013
the following:
``3014. Additional special assessment.''.
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