To strengthen the Justice for Victims of Trafficking Act by incorporating additional bipartisan amendments.

1. Rewrites section 101

   Replaces

   In S. 178 · Reported to Senate

   9 unchanged paragraphsHide unchanged text

   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) [struck: Deposits][inserted: Transfers].--[struck: Notwithstanding ][inserted: In a manner consistent with ]section 3302[inserted: (b)] of title 31, [struck: or any other law regarding][inserted: there shall be transferred to] the [struck: crediting of money received for ][inserted: Fund from ]the [struck: Government, there shall be deposited in ][inserted: General Fund of ]the [struck: Fund][inserted: 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 [struck: 2020][inserted: 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)).

   Struck: "(3) Limitations.--Amounts in the Fund, or otherwise transferred from the Fund, shall be subject to the limitations on the use or expending of amounts described in sections 506 and 507 of division H of the Consolidated Appropriations Act, 2014 (Public Law 113-76; 128 Stat. 409) to the same extent as if amounts in the Fund were funds appropriated under division H of such Act.

   Inserted: "(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).

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   "(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.[struck: ".]

   Inserted: "(i) Authorization of Appropriations.--

   Inserted: "(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.

   Inserted: "(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.".

   Original wording

   Strike section 101 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed