[Congressional Record Volume 161, Number 58 (Tuesday, April 21, 2015)]
[Senate]
[Page S2307]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.''.
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