“TEXT OF AMENDMENTS” published by the Congressional Record on April 21, 2015

“TEXT OF AMENDMENTS” published by the Congressional Record on April 21, 2015

ORGANIZATIONS IN THIS STORY

Volume 161, No. 58 covering the 1st Session of the 114th Congress (2015 - 2016) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Federal Reserve System was published in the Senate section on pages S2306-S2308 on April 21, 2015.

The publication is reproduced in full below:

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

``(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 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.''.

____________________

SOURCE: Congressional Record Vol. 161, No. 58

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