[Congressional Record Volume 161, Number 58 (Tuesday, April 21, 2015)]
[Senate]
[Pages S2306-S2308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1123. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 178, to provide justice for the victims of 
trafficking; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SUSPENSION AND REMOVAL FOR MAJOR MALFEASANCE, 
                   CRIMINAL CONDUCT, AND OTHER MISCONDUCT AT ODDS 
                   WITH THE MISSION OF AN AGENCY.

       (a) In General.--Chapter 75 of title 5, United States Code, 
     is amended by adding at the end the following:

    ``Subchapter VI--Major Malfeasance, Criminal Conduct, and Other 
            Misconduct at Odds With the Mission of an Agency

     ``Sec. 7551. Definitions

       ``In this subchapter--
       ``(1) the term `agency' has the meaning given that term in 
     section 551;
       ``(2) the term `employee' means an individual employed by 
     an agency; and
       ``(3) the term `suspension' means the placing of an 
     employee, for disciplinary reasons, in a temporary status 
     without duties and pay.

     ``Sec. 7552. Suspension and removal

       ``(a) In General.--Notwithstanding any other provision of 
     this chapter, or any other provision of law, the head of an 
     agency may suspend without pay an employee of the agency if 
     the head of the agency determines--
       ``(1) the employee has engaged in major malfeasance, 
     criminal conduct, or other misconduct at odds with the 
     mission of the agency; or
       ``(2) the employee failed to report major malfeasance, 
     criminal conduct, or other misconduct at odds with the 
     mission of the agency the employee knows was engaged in by an 
     employee of the agency who is supervised by the employee.
       ``(b) Notice and Opportunity to Be Heard.--For an employee 
     suspended under subsection (a)--
       ``(1) the head of an agency shall notify the employee of 
     the reasons for the suspension; and
       ``(2) not later than 30 days after the date of the 
     notification, the employee is entitled to submit to the 
     officer designated by the head of the agency statements or 
     affidavits to show why the employee should be restored to 
     duty.
       ``(c) Removal.--Subject to subsection (d), the head of an 
     agency may remove an employee suspended under subsection (a) 
     if, after such investigation and review as the head of the 
     agency considers necessary, the head of the agency determines 
     that removal is necessary or advisable, in light of the major 
     malfeasance, criminal conduct, or other misconduct at issue. 
     The determination of the head of the agency under this 
     subsection is final.
       ``(d) Process.--
       ``(1) In general.--An employee described in paragraph (2) 
     is entitled, after suspension and before removal, to--
       ``(A) not later than 30 days after the date of the 
     notification of the suspension, a written statement of the 
     charges against the employee, which--
       ``(i) not later than 30 days after providing the written 
     statement, may be amended; and
       ``(ii) shall be stated as specifically as possible;
       ``(B) not later than 30 days after the later of the date on 
     which the written statement is provided or the date on which 
     the written statement is amended, an opportunity to answer 
     the charges and submit affidavits;
       ``(C) a hearing, at the request of the employee, by an 
     agency authority duly constituted for this purpose;
       ``(D) a review of the matter by the head of the agency or a 
     designee, before a decision adverse to the employee is made 
     final; and
       ``(E) a written statement of the decision of the head of 
     the agency.
       ``(2) Employees covered.--An employee described in this 
     paragraph is an employee who--
       ``(A) is suspended under subsection (a) of this section;
       ``(B) has a permanent or indefinite appointment;
       ``(C) has completed his probationary or trial period; and

[[Page S2307]]

       ``(D) is a citizen of the United States.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 75 of title 5, United States Code, is 
     amended by adding at the end the following:

    ``subchapter vi--major malfeasance, criminal conduct, and other 
            misconduct at odds with the mission of an agency

``7551. Definitions.
``7552. Suspension and removal.''.
                                 ______
                                 
  SA 1124. Mr. CORNYN (for himself, Mrs. Murray, and Ms. Klobuchar) 
submitted an amendment intended to be proposed by him to the bill S. 
178, to provide justice for the victims of trafficking; which was 
ordered to lie on the table; 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, 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 2019, 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 (42 U.S.C. 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) 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.
       ``(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 
     section 10503(b)(1)(E) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 254b-2(b)(1)(E)), as amended 
     by section 221 of the Medicare Access and CHIP 
     Reauthorization Act of 2015, 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);
       ``(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)).
       ``(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 under section 214(b) of the Victims of Child Abuse 
     Act of 1990 (42 U.S.C. 13002(b)).
       ``(4) Application of provision.--The application of the 
     provisions of section 221(c) of the Medicare Access and CHIP 
     Reauthorization Act of 2015 shall continue to apply to the 
     amounts transferred pursuant to paragraph (1).''.
       (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.''.
                                 ______
                                 
  SA 1125. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 178, to provide justice for the victims of 
trafficking; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

               TITLE IV--FEDERAL RESERVE TRANSPARENCY ACT

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Federal Reserve 
     Transparency Act of 2015''

     SEC. 402. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF 
                   GOVERNORS OF THE FEDERAL RESERVE SYSTEM.

       (a) In General.--Notwithstanding section 714 of title 31, 
     United States Code, or any other provision of law, an audit 
     of the Board of Governors of the Federal Reserve System and 
     the Federal reserve banks under subsection (b) of such 
     section 714 shall be completed within 12 months of the date 
     of enactment of this title.
       (b) Report.--
       (1) In general.--A report on the audit required under 
     subsection (a) shall be submitted by the Comptroller General 
     to the Congress before the end of the 90-day period beginning 
     on the date on which such audit is completed and made 
     available to the Speaker of the House, the majority and 
     minority leaders of the House of Representatives, the 
     majority and minority leaders of the Senate, the Chairman and 
     Ranking Member of the committee and each subcommittee of 
     jurisdiction in the House of Representatives and the Senate, 
     and any other Member of Congress who requests it.
       (2) Contents.--The report under paragraph (1) shall include 
     a detailed description of the findings and conclusion of the 
     Comptroller General with respect to the audit that is the 
     subject of the report, together with such recommendations for 
     legislative or administrative action as the Comptroller 
     General may determine to be appropriate.
       (c) Repeal of Certain Limitations.--Subsection (b) of 
     section 714 of title 31, United States Code, is amended by 
     striking all after ``in writing.''.
       (d) Technical and Conforming Amendment.--Section 714 of 
     title 31, United States Code, is amended by striking 
     subsection (f).

     SEC. 403. AUDIT OF LOAN FILE REVIEWS REQUIRED BY ENFORCEMENT 
                   ACTIONS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct an audit of the review of loan files of 
     homeowners in foreclosure in 2009 or 2010, required as part 
     of the enforcement actions taken by the Board of Governors of 
     the Federal Reserve System against supervised financial 
     institutions.
       (b) Content of Audit.--The audit carried out pursuant to 
     subsection (a) shall consider, at a minimum--
       (1) the guidance given by the Board of Governors of the 
     Federal Reserve System to independent consultants retained by 
     the supervised financial institutions regarding the 
     procedures to be followed in conducting the file reviews;
       (2) the factors considered by independent consultants when 
     evaluating loan files;
       (3) the results obtained by the independent consultants 
     pursuant to those reviews;
       (4) the determinations made by the independent consultants 
     regarding the nature and extent of financial injury sustained 
     by each homeowner as well as the level and type of 
     remediation offered to each homeowner; and
       (5) the specific measures taken by the independent 
     consultants to verify, confirm, or rebut the assertions and 
     representations made by supervised financial institutions 
     regarding the contents of loan files and the extent of 
     financial injury to homeowners.
       (c) Report.--Not later than the end of the 6-month period 
     beginning on the date of the enactment of this title, the 
     Comptroller General shall issue a report to the Congress 
     containing all findings and determinations made in carrying 
     out the audit required under subsection (a).
                                 ______
                                 
  SA 1126. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 178, to provide justice for the victims of 
trafficking; which

[[Page S2308]]

was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 118. EDUCATION AND OUTREACH TO TRAFFICKING SURVIVORS.

       The Attorney General shall make available, on the website 
     of the Office of Juvenile Justice and Delinquency Prevention, 
     a database for trafficking victim advocates, crisis hotline 
     personnel, foster parents, law enforcement personnel, and 
     crime survivors that contains information on--
       (1) counseling and hotline resources;
       (2) housing resources;
       (3) legal assistance; and
       (4) other services for trafficking survivors.

     SEC. 119. EXPANDED STATUTE OF LIMITATIONS FOR CIVIL ACTIONS 
                   BY CHILD TRAFFICKING SURVIVORS.

       Section 1595(c) of title 18, United States Code, is amended 
     by striking ``not later than 10 years after the cause of 
     action arose.'' and inserting ``not later than the later of--
       ``(1) 10 years after the cause of action arose; or
       ``(2) 10 years after the victim reaches 18 years of age, if 
     the victim was a minor at the time of the alleged offense.''.
                                 ______
                                 
  SA 1127. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 178, to provide justice for the victims of 
trafficking; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RUNAWAY AND HOMELESS YOUTH ACT REAUTHORIZATION.

       (a) Reauthorization.--Section 388(a) of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5751(a)) is amended--
       (1) in paragraph (1), by striking ``for fiscal year 2009,'' 
     and all that follows through the period and inserting ``for 
     each of fiscal years 2016 through 2020.'';
       (2) in paragraph (3)(B), by striking ``such sums as may be 
     necessary for fiscal years 2009, 2010, 2011, 2012, and 
     2013.'' and inserting ``$2,000,000 for each of fiscal years 
     2016 through 2020.' ''; and
       (3) in paragraph (4), by striking ``for fiscal year 2009'' 
     and all that follows through the period and inserting `` `for 
     each of fiscal years 2016 through 2020.''.
       (b) Offset; Repealing Prevention and Public Health Fund.--
       (1) In general.--Section 4002 of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 300u-11) is repealed.
       (2) Rescission of unobligated funds.--Of the funds made 
     available under such section 4002, the unobligated balances 
     are rescinded.
       (3) Effective date.--This subsection takes effect on 
     October 1, 2015.
                                 ______
                                 
  SA 1128. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 178, to provide justice for the victims of 
trafficking; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     TITLE IV--BETTER RESPONSE FOR VICTIMS OF CHILD SEX TRAFFICKING

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Ensuring a Better Response 
     for Victims of Child Sex Trafficking''.

     SEC. 402. CAPTA AMENDMENTS.

       (a) In General.--The amendments to the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5101 et seq.) made by 
     this section shall take effect 2 years after the date of the 
     enactment of this Act.
       (b) State Plans.--Section 106 of the Child Abuse Prevention 
     and Treatment Act (42 U.S.C. 5106a) is amended--
       (1) in subsection (b)(2)(B)--
       (A) in clause (xxii), by striking ``and'' at the end; and
       (B) by adding at the end the following:
       ``(xxiv) provisions and procedures requiring identification 
     and assessment of all reports involving children known or 
     suspected to be victims of sex trafficking (as defined in 
     section 103(10) of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7102 (10)); and
       ``(xxv) provisions and procedures for training child 
     protective services workers about identifying, assessing, and 
     providing comprehensive services for children who are sex 
     trafficking victims, including efforts to coordinate with 
     State law enforcement, juvenile justice, and social service 
     agencies such as runaway and homeless youth shelters to serve 
     this population;''; and
       (2) in subsection (d), by adding at the end the following:
       ``(17) The number of children determined to be victims 
     described in subsection (b)(2)(B)(xxiv).''.
       (c) Special Rule.--
       (1) In general.--Section 111 of the Child Abuse Prevention 
     and Treatment Act (42 U.S.C. 5106g) is amended--
       (A) by striking ``For purposes'' and inserting the 
     following:
       ``(a) Definitions.--For purposes''; and
       (B) by adding at the end the following:
       ``(b) Special Rule.--
       ``(1) In general.--For purposes of section 3(2) and 
     subsection (a)(4), a child shall be considered a victim of 
     `child abuse and neglect' and of `sexual abuse' if the child 
     is identified, by a State or local agency employee of the 
     State or locality involved, as being a victim of sex 
     trafficking (as defined in paragraph (10) of section 103 of 
     the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7102)) or a victim of severe forms of trafficking in persons 
     described in paragraph (9)(A) of that section.
       ``(2) State option.--Notwithstanding the definition of 
     `child' in section 3(1), a State may elect to define that 
     term for purposes of the application of paragraph (1) to 
     section 3(2) and subsection (a)(4) as a person who has not 
     attained the age of 24.''.
       (2) Conforming amendment.--Section 3(2) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5101 note) is amended 
     by inserting ``(including sexual abuse as determined under 
     section 111)'' after ``sexual abuse or exploitation''.
       (3) Technical correction.--Paragraph (5)(C) of subsection 
     (a), as so designated, of section 111 of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5106g) is amended by 
     striking ``inhumane;'' and inserting ``inhumane.''.

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