[106th Congress Public Law 386]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ386.106]
[[Page 1463]]
VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000
[[Page 114 STAT. 1464]]
Public Law 106-386
106th Congress
An Act
To combat trafficking in persons, especially into the sex trade,
slavery, and involuntary servitude, to reauthorize certain Federal
programs to prevent violence against women, and for other
purposes. <<NOTE: Oct. 28, 2000 - [H.R. 3244]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Victims of Trafficking and Violence
Protection Act of 2000.>> in Congress assembled,
SECTION 1. <<NOTE: 22 USC 7101 note.>> SHORT TITLE.
This Act may be cited as the ``Victims of Trafficking and Violence
Protection Act of 2000''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions, as
follows:
(1) Division a.--Trafficking Victims Protection Act of 2000.
(2) Division b.--Violence Against Women Act of 2000.
(3) Division c.--Miscellaneous Provisions.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec.1.Short title.
Sec.2.Organization of Act into divisions; table of contents.
DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000
Sec.101.Short title.
Sec.102.Purposes and findings.
Sec.103.Definitions.
Sec.104.Annual Country Reports on Human Rights Practices.
Sec.105.Interagency Task Force To Monitor and Combat Trafficking.
Sec.106.Prevention of trafficking.
Sec.107.Protection and assistance for victims of trafficking.
Sec.108.Minimum standards for the elimination of trafficking.
Sec.109.Assistance to foreign countries to meet minimum standards.
Sec.110.Actions against governments failing to meet minimum standards.
Sec.111.Actions against significant traffickers in persons.
Sec.112.Strengthening prosecution and punishment of traffickers.
Sec.113.Authorizations of appropriations.
DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000
Sec.1001.Short title.
Sec.1002.Definitions.
Sec.1003.Accountability and oversight.
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN
Sec.1101.Full faith and credit enforcement of protection orders.
Sec.1102.Role of courts.
Sec.1103.Reauthorization of STOP grants.
Sec.1104.Reauthorization of grants to encourage arrest policies.
Sec.1105.Reauthorization of rural domestic violence and child abuse
enforcement grants.
Sec.1106.National stalker and domestic violence reduction.
[[Page 114 STAT. 1465]]
Sec.1107.Amendments to domestic violence and stalking offenses.
Sec.1108.School and campus security.
Sec.1109.Dating violence.
TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE
Sec.1201.Legal assistance for victims.
Sec.1202.Shelter services for battered women and children.
Sec.1203.Transitional housing assistance for victims of domestic
violence.
Sec.1204.National domestic violence hotline.
Sec.1205.Federal victims counselors.
Sec.1206.Study of State laws regarding insurance discrimination against
victims of violence against women.
Sec.1207.Study of workplace effects from violence against women.
Sec.1208.Study of unemployment compensation for victims of violence
against women.
Sec.1209.Enhancing protections for older and disabled women from
domestic
violence and sexual assault.
TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
Sec.1301.Safe havens for children pilot program.
Sec.1302.Reauthorization of victims of child abuse programs.
Sec.1303.Report on effects of parental kidnapping laws in domestic
violence cases.
TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE
AGAINST WOMEN
Sec.1401.Rape prevention and education.
Sec.1402.Education and training to end violence against and abuse of
women with disabilities.
Sec.1403.Community initiatives.
Sec.1404.Development of research agenda identified by the Violence
Against Women Act of 1994.
Sec.1405.Standards, practice, and training for sexual assault forensic
examinations.
Sec.1406.Education and training for judges and court personnel.
Sec.1407.Domestic Violence Task Force.
TITLE V--BATTERED IMMIGRANT WOMEN
Sec.1501.Short title.
Sec.1502.Findings and purposes.
Sec.1503.Improved access to immigration protections of the Violence
Against Women Act of 1994 for battered immigrant women.
Sec.1504.Improved access to cancellation of removal and suspension of
deportation under the Violence Against Women Act of 1994.
Sec.1505.Offering equal access to immigration protections of the
Violence Against Women Act of 1994 for all qualified battered
immigrant self-petitioners.
Sec.1506.Restoring immigration protections under the Violence Against
Women Act of 1994.
Sec.1507.Remedying problems with implementation of the immigration
provisions of the Violence Against Women Act of 1994.
Sec.1508.Technical correction to qualified alien definition for battered
immigrants.
Sec.1509.Access to Cuban Adjustment Act for battered immigrant spouses
and
children.
Sec.1510.Access to the Nicaraguan Adjustment and Central American Relief
Act for battered spouses and children.
Sec.1511.Access to the Haitian Refugee Fairness Act of 1998 for battered
spouses and children.
Sec.1512.Access to services and legal representation for battered
immigrants.
Sec.1513.Protection for certain crime victims including victims of
crimes against women.
TITLE VI--MISCELLANEOUS
Sec.1601.Notice requirements for sexually violent offenders.
Sec.1602.Teen suicide prevention study.
Sec.1603.Decade of pain control and research.
DIVISION C--MISCELLANEOUS PROVISIONS
Sec.2001.Aimee's law.
Sec.2002.Payment of anti-terrorism judgments.
Sec.2003.Aid to victims of terrorism.
Sec.2004.Twenty-first amendment enforcement.
[[Page 114 STAT. 1466]]
DIVISION <<NOTE: Trafficking Victims Protection Act of 2000.>> A--
TRAFFICKING VICTIMS PROTECTION ACT OF 2000
SEC. 101. <<NOTE: 22 USC 7101 note.>> SHORT TITLE.
This division may be cited as the ``Trafficking Victims Protection
Act of 2000''.
SEC. 102. <<NOTE: 22 USC 7101.>> PURPOSES AND FINDINGS.
(a) Purposes.--The purposes of this division are to combat
trafficking in persons, a contemporary manifestation of slavery whose
victims are predominantly women and children, to ensure just and
effective punishment of traffickers, and to protect their victims.
(b) Findings.--Congress finds that:
(1) As the 21st century begins, the degrading institution of
slavery continues throughout the world. Trafficking in persons
is a modern form of slavery, and it is the largest manifestation
of slavery today. At least 700,000 persons annually, primarily
women and children, are trafficked within or across
international borders. Approximately 50,000 women and children
are trafficked into the United States each year.
(2) Many of these persons are trafficked into the
international sex trade, often by force, fraud, or coercion. The
sex industry has rapidly expanded over the past several decades.
It involves sexual exploitation of persons, predominantly women
and girls, involving activities related to prostitution,
pornography, sex tourism, and other commercial sexual services.
The low status of women in many parts of the world has
contributed to a burgeoning of the trafficking industry.
(3) Trafficking in persons is not limited to the sex
industry. This growing transnational crime also includes forced
labor and involves significant violations of labor, public
health, and human rights standards worldwide.
(4) Traffickers primarily target women and girls, who are
disproportionately affected by poverty, the lack of access to
education, chronic unemployment, discrimination, and the lack of
economic opportunities in countries of origin. Traffickers lure
women and girls into their networks through false promises of
decent working conditions at relatively good pay as nannies,
maids, dancers, factory workers, restaurant workers, sales
clerks, or models. Traffickers also buy children from poor
families and sell them into prostitution or into various types
of forced or bonded labor.
(5) Traffickers often transport victims from their home
communities to unfamiliar destinations, including foreign
countries away from family and friends, religious institutions,
and other sources of protection and support, leaving the victims
defenseless and vulnerable.
(6) Victims are often forced through physical violence to
engage in sex acts or perform slavery-like labor. Such force
includes rape and other forms of sexual abuse, torture,
starvation, imprisonment, threats, psychological abuse, and
coercion.
(7) Traffickers often make representations to their victims
that physical harm may occur to them or others should the victim
escape or attempt to escape. Such representations can
[[Page 114 STAT. 1467]]
have the same coercive effects on victims as direct threats to
inflict such harm.
(8) Trafficking in persons is increasingly perpetrated by
organized, sophisticated criminal enterprises. Such trafficking
is the fastest growing source of profits for organized criminal
enterprises worldwide. Profits from the trafficking industry
contribute to the expansion of organized crime in the United
States and worldwide. Trafficking in persons is often aided by
official corruption in countries of origin, transit, and
destination, thereby threatening the rule of law.
(9) Trafficking includes all the elements of the crime of
forcible rape when it involves the involuntary participation of
another person in sex acts by means of fraud, force, or
coercion.
(10) Trafficking also involves violations of other laws,
including labor and immigration codes and laws against
kidnapping, slavery, false imprisonment, assault, battery,
pandering, fraud, and extortion.
(11) Trafficking exposes victims to serious health risks.
Women and children trafficked in the sex industry are exposed to
deadly diseases, including HIV and AIDS. Trafficking victims are
sometimes worked or physically brutalized to death.
(12) Trafficking in persons substantially affects interstate
and foreign commerce. Trafficking for such purposes as
involuntary servitude, peonage, and other forms of forced labor
has an impact on the nationwide employment network and labor
market. Within the context of slavery, servitude, and labor or
services which are obtained or maintained through coercive
conduct that amounts to a condition of servitude, victims are
subjected to a range of violations.
(13) Involuntary servitude statutes are intended to reach
cases in which persons are held in a condition of servitude
through nonviolent coercion. In United States v. Kozminski, 487
U.S. 931 (1988), the Supreme Court found that section 1584 of
title 18, United States Code, should be narrowly interpreted,
absent a definition of involuntary servitude by Congress. As a
result, that section was interpreted to criminalize only
servitude that is brought about through use or threatened use of
physical or legal coercion, and to exclude other conduct that
can have the same purpose and effect.
(14) Existing legislation and law enforcement in the United
States and other countries are inadequate to deter trafficking
and bring traffickers to justice, failing to reflect the gravity
of the offenses involved. No comprehensive law exists in the
United States that penalizes the range of offenses involved in
the trafficking scheme. Instead, even the most brutal instances
of trafficking in the sex industry are often punished under laws
that also apply to lesser offenses, so that traffickers
typically escape deserved punishment.
(15) In the United States, the seriousness of this crime and
its components is not reflected in current sentencing
guidelines, resulting in weak penalties for convicted
traffickers.
(16) In some countries, enforcement against traffickers is
also hindered by official indifference, by corruption, and
sometimes even by official participation in trafficking.
[[Page 114 STAT. 1468]]
(17) Existing laws often fail to protect victims of
trafficking, and because victims are often illegal immigrants in
the destination country, they are repeatedly punished more
harshly than the traffickers themselves.
(18) Additionally, adequate services and facilities do not
exist to meet victims' needs regarding health care, housing,
education, and legal assistance, which safely reintegrate
trafficking victims into their home countries.
(19) Victims of severe forms of trafficking should not be
inappropriately incarcerated, fined, or otherwise penalized
solely for unlawful acts committed as a direct result of being
trafficked, such as using false documents, entering the country
without documentation, or working without documentation.
(20) Because victims of trafficking are frequently
unfamiliar with the laws, cultures, and languages of the
countries into which they have been trafficked, because they are
often subjected to coercion and intimidation including physical
detention and debt bondage, and because they often fear
retribution and forcible removal to countries in which they will
face retribution or other hardship, these victims often find it
difficult or impossible to report the crimes committed against
them or to assist in the investigation and prosecution of such
crimes.
(21) Trafficking of persons is an evil requiring concerted
and vigorous action by countries of origin, transit or
destination, and by international organizations.
(22) One of the founding documents of the United States, the
Declaration of Independence, recognizes the inherent dignity and
worth of all people. It states that all men are created equal
and that they are endowed by their Creator with certain
unalienable rights. The right to be free from slavery and
involuntary servitude is among those unalienable rights.
Acknowledging this fact, the United States outlawed slavery and
involuntary servitude in 1865, recognizing them as evil
institutions that must be abolished. Current practices of sexual
slavery and trafficking of women and children are similarly
abhorrent to the principles upon which the United States was
founded.
(23) The United States and the international community agree
that trafficking in persons involves grave violations of human
rights and is a matter of pressing international concern. The
international community has repeatedly condemned slavery and
involuntary servitude, violence against women, and other
elements of trafficking, through declarations, treaties, and
United Nations resolutions and reports, including the Universal
Declaration of Human Rights; the 1956 Supplementary Convention
on the Abolition of Slavery, the Slave Trade, and Institutions
and Practices Similar to Slavery; the 1948 American Declaration
on the Rights and Duties of Man; the 1957 Abolition of Forced
Labor Convention; the International Covenant on Civil and
Political Rights; the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment; United
Nations General Assembly Resolutions 50/167, 51/66, and 52/98;
the Final Report of the World Congress against Sexual
Exploitation of Children (Stockholm, 1996); the Fourth World
Conference on Women (Beijing, 1995); and the 1991 Moscow
Document of the Organization for Security and Cooperation in
Europe.
[[Page 114 STAT. 1469]]
(24) Trafficking in persons is a transnational crime with
national implications. To deter international trafficking and
bring its perpetrators to justice, nations including the United
States must recognize that trafficking is a serious offense.
This is done by prescribing appropriate punishment, giving
priority to the prosecution of trafficking offenses, and
protecting rather than punishing the victims of such offenses.
The United States must work bilaterally and multilaterally to
abolish the trafficking industry by taking steps to promote
cooperation among countries linked together by international
trafficking routes. The United States must also urge the
international community to take strong action in multilateral
fora to engage recalcitrant countries in serious and sustained
efforts to eliminate trafficking and protect trafficking
victims.
SEC. 103. <<NOTE: 22 USC 7102.>> DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations and the Committee on the Judiciary of the
Senate and the Committee on International Relations and the
Committee on the Judiciary of the House of Representatives.
(2) Coercion.--The term ``coercion'' means--
(A) threats of serious harm to or physical restraint
against any person;
(B) any scheme, plan, or pattern intended to cause a
person to believe that failure to perform an act would
result in serious harm to or physical restraint against
any person; or
(C) the abuse or threatened abuse of the legal
process.
(3) Commercial sex act.--The term ``commercial sex act''
means any sex act on account of which anything of value is given
to or received by any person.
(4) Debt bondage.--The term ``debt bondage'' means the
status or condition of a debtor arising from a pledge by the
debtor of his or her personal services or of those of a person
under his or her control as a security for debt, if the value of
those services as reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of those
services are not respectively limited and defined.
(5) Involuntary servitude.--The term ``involuntary
servitude'' includes a condition of servitude induced by means
of--
(A) any scheme, plan, or pattern intended to cause a
person to believe that, if the person did not enter into
or continue in such condition, that person or another
person would suffer serious harm or physical restraint;
or
(B) the abuse or threatened abuse of the legal
process.
(6) Minimum standards for the elimination of trafficking.--
The term ``minimum standards for the elimination of
trafficking'' means the standards set forth in section 108.
(7) Nonhumanitarian, nontrade-related foreign assistance.--
The term ``nonhumanitarian, nontrade-related foreign
assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961, other than--
[[Page 114 STAT. 1470]]
(i) assistance under chapter 4 of part II of
that Act that is made available for any program,
project, or activity eligible for assistance under
chapter 1 of part I of that Act;
(ii) assistance under chapter 8 of part I of
that Act;
(iii) any other narcotics-related assistance
under part I of that Act or under chapter 4 or 5
part II of that Act, but any such assistance
provided under this clause shall be subject to the
prior notification procedures applicable to
reprogrammings pursuant to section 634A of that
Act;
(iv) disaster relief assistance, including any
assistance under chapter 9 of part I of that Act;
(v) antiterrorism assistance under chapter 8
of part II of that Act;
(vi) assistance for refugees;
(vii) humanitarian and other development
assistance in support of programs of
nongovernmental organizations under chapters 1 and
10 of that Act;
(viii) programs under title IV of chapter 2 of
part I of that Act, relating to the Overseas
Private Investment Corporation; and
(ix) other programs involving trade-related or
humanitarian assistance; and
(B) sales, or financing on any terms, under the Arms
Export Control Act, other than sales or financing
provided for narcotics-related purposes following
notification in accordance with the prior notification
procedures applicable to reprogrammings pursuant to
section 634A of the Foreign Assistance Act of 1961.
(8) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' means--
(A) sex trafficking in which a commercial sex act is
induced by force, fraud, or coercion, or in which the
person induced to perform such act has not attained 18
years of age; or
(B) the recruitment, harboring, transportation,
provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion
for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
(9) Sex trafficking.--The term ``sex trafficking'' means the
recruitment, harboring, transportation, provision, or obtaining
of a person for the purpose of a commercial sex act.
(10) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and territories and possessions of the United States.
(11) Task force.--The term ``Task Force'' means the
Interagency Task Force to Monitor and Combat Trafficking
established under section 105.
(12) United states.--The term ``United States'' means the
fifty States of the United States, the District of Columbia,
[[Page 114 STAT. 1471]]
the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands,
and the territories and possessions of the United States.
(13) Victim of a severe form of trafficking.--The term
``victim of a severe form of trafficking'' means a person
subject to an act or practice described in paragraph (8).
(14) Victim of trafficking.--The term ``victim of
trafficking'' means a person subjected to an act or practice
described in paragraph (8) or (9).
SEC. 104. <<NOTE: 22 USC 2151n.>> ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES.
(a) Countries Receiving Economic Assistance.--Section 116(f ) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151(f )) is amended to read
as follows:
``(f )(1) The report required by subsection (d) shall include the
following:
``(A) A description of the nature and extent of severe forms
of trafficking in persons, as defined in section 103 of the
Trafficking Victims Protection Act of 2000, in each foreign
country.
``(B) With respect to each country that is a country of
origin, transit, or destination for victims of severe forms of
trafficking in persons, an assessment of the efforts by the
government of that country to combat such trafficking. The
assessment shall address the following:
``(i) Whether government authorities in that country
participate in, facilitate, or condone such trafficking.
``(ii) Which government authorities in that country
are involved in activities to combat such trafficking.
``(iii) What steps the government of that country
has taken to prohibit government officials from
participating in, facilitating, or condoning such
trafficking, including the investigation, prosecution,
and conviction of such officials.
``(iv) What steps the government of that country has
taken to prohibit other individuals from participating
in such trafficking, including the investigation,
prosecution, and conviction of individuals involved in
severe forms of trafficking in persons, the criminal and
civil penalties for such trafficking, and the efficacy
of those penalties in eliminating or reducing such
trafficking.
``(v) What steps the government of that country has
taken to assist victims of such trafficking, including
efforts to prevent victims from being further victimized
by traffickers, government officials, or others, grants
of relief from deportation, and provision of
humanitarian relief, including provision of mental and
physical health care and shelter.
``(vi) Whether the government of that country is
cooperating with governments of other countries to
extradite traffickers when requested, or, to the extent
that such cooperation would be inconsistent with the
laws of such country or with extradition treaties to
which such country is a party, whether the government of
that country is taking all appropriate measures to
modify or replace such laws and treaties so as to permit
such cooperation.
``(vii) Whether the government of that country is
assisting in international investigations of
transnational
[[Page 114 STAT. 1472]]
trafficking networks and in other cooperative efforts to
combat severe forms of trafficking in persons.
``(viii) Whether the government of that country
refrains from prosecuting victims of severe forms of
trafficking in persons due to such victims having been
trafficked, and refrains from other discriminatory
treatment of such victims.
``(ix) Whether the government of that country
recognizes the rights of victims of severe forms of
trafficking in persons and ensures their access to
justice.
``(C) Such other information relating to trafficking in
persons as the Secretary of State considers appropriate.
``(2) In compiling data and making assessments for the purposes of
paragraph (1), United States diplomatic mission personnel shall consult
with human rights organizations and other appropriate nongovernmental
organizations.''.
(b) Countries Receiving Security Assistance.--Section 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended by adding at
the end the following new subsection:
``(h)(1) The report required by subsection (b) shall include the
following:
``(A) A description of the nature and extent of severe forms
of trafficking in persons, as defined in section 103 of the
Trafficking Victims Protection Act of 2000, in each foreign
country.
``(B) With respect to each country that is a country of
origin, transit, or destination for victims of severe forms of
trafficking in persons, an assessment of the efforts by the
government of that country to combat such trafficking. The
assessment shall address the following:
``(i) Whether government authorities in that country
participate in, facilitate, or condone such trafficking.
``(ii) Which government authorities in that country
are involved in activities to combat such trafficking.
``(iii) What steps the government of that country
has taken to prohibit government officials from
participating in, facilitating, or condoning such
trafficking, including the investigation, prosecution,
and conviction of such officials.
``(iv) What steps the government of that country has
taken to prohibit other individuals from participating
in such trafficking, including the investigation,
prosecution, and conviction of individuals involved in
severe forms of trafficking in persons, the criminal and
civil penalties for such trafficking, and the efficacy
of those penalties in eliminating or reducing such
trafficking.
``(v) What steps the government of that country has
taken to assist victims of such trafficking, including
efforts to prevent victims from being further victimized
by traffickers, government officials, or others, grants
of relief from deportation, and provision of
humanitarian relief, including provision of mental and
physical health care and shelter.
``(vi) Whether the government of that country is
cooperating with governments of other countries to
extradite traffickers when requested, or, to the extent
that such cooperation would be inconsistent with the
laws of such country or with extradition treaties to
which such country is a party, whether the government of
that country is taking
[[Page 114 STAT. 1473]]
all appropriate measures to modify or replace such laws
and treaties so as to permit such cooperation.
``(vii) Whether the government of that country is
assisting in international investigations of
transnational trafficking networks and in other
cooperative efforts to combat severe forms of
trafficking in persons.
``(viii) Whether the government of that country
refrains from prosecuting victims of severe forms of
trafficking in persons due to such victims having been
trafficked, and refrains from other discriminatory
treatment of such victims.
``(ix) Whether the government of that country
recognizes the rights of victims of severe forms of
trafficking in persons and ensures their access to
justice.
``(C) Such other information relating to trafficking in
persons as the Secretary of State considers appropriate.
``(2) In compiling data and making assessments for the purposes of
paragraph (1), United States diplomatic mission personnel shall consult
with human rights organizations and other appropriate nongovernmental
organizations.''.
SEC. 105. <<NOTE: 22 USC 7103.>> INTERAGENCY TASK FORCE TO MONITOR AND
COMBAT TRAFFICKING.
(a) Establishment.--The <<NOTE: President.>> President shall
establish an Interagency Task Force to Monitor and Combat Trafficking.
(b) Appointment.--The President shall appoint the members of the
Task Force, which shall include the Secretary of State, the
Administrator of the United States Agency for International Development,
the Attorney General, the Secretary of Labor, the Secretary of Health
and Human Services, the Director of Central Intelligence, and such other
officials as may be designated by the President.
(c) Chairman.--The Task Force shall be chaired by the Secretary of
State.
(d) Activities of the Task Force.--The Task Force shall carry out
the following activities:
(1) Coordinate the implementation of this division.
(2) Measure and evaluate progress of the United States and
other countries in the areas of trafficking prevention,
protection, and assistance to victims of trafficking, and
prosecution and enforcement against traffickers, including the
role of public corruption in facilitating trafficking. The Task
Force shall have primary responsibility for assisting the
Secretary of State in the preparation of the reports described
in section 110.
(3) Expand interagency procedures to collect and organize
data, including significant research and resource information on
domestic and international trafficking. Any data collection
procedures established under this subsection shall respect the
confidentiality of victims of trafficking.
(4) Engage in efforts to facilitate cooperation among
countries of origin, transit, and destination. Such efforts
shall aim to strengthen local and regional capacities to prevent
trafficking, prosecute traffickers and assist trafficking
victims, and shall include initiatives to enhance cooperative
efforts between destination countries and countries of origin
and assist in the appropriate reintegration of stateless victims
of trafficking.
[[Page 114 STAT. 1474]]
(5) Examine the role of the international ``sex tourism''
industry in the trafficking of persons and in the sexual
exploitation of women and children around the world.
(6) Engage in consultation and advocacy with governmental
and nongovernmental organizations, among other entities, to
advance the purposes of this division.
(e) Support for the Task Force.--The Secretary of State is
authorized to establish within the Department of State an Office to
Monitor and Combat Trafficking, which shall provide assistance to the
Task Force. Any such Office shall be headed by a Director. The Director
shall have the primary responsibility for assisting the Secretary of
State in carrying out the purposes of this division and may have
additional responsibilities as determined by the Secretary. The Director
shall consult with nongovernmental organizations and multilateral
organizations, and with trafficking victims or other affected persons.
The Director shall have the authority to take evidence in public
hearings or by other means. The agencies represented on the Task Force
are authorized to provide staff to the Office on a nonreimbursable
basis.
SEC. 106. <<NOTE: 22 USC 7104.>> PREVENTION OF TRAFFICKING.
(a) Economic Alternatives To Prevent and Deter Trafficking.--The
President shall establish and carry out international initiatives to
enhance economic opportunity for potential victims of trafficking as a
method to deter trafficking. Such initiatives may include--
(1) microcredit lending programs, training in business
development, skills training, and job counseling;
(2) programs to promote women's participation in economic
decisionmaking;
(3) programs to keep children, especially girls, in
elementary and secondary schools, and to educate persons who
have been victims of trafficking;
(4) development of educational curricula regarding the
dangers of trafficking; and
(5) grants to nongovernmental organizations to accelerate
and advance the political, economic, social, and educational
roles and capacities of women in their countries.
(b) Public Awareness and Information.--The President, acting through
the Secretary of Labor, the Secretary of Health and Human Services, the
Attorney General, and the Secretary of State, shall establish and carry
out programs to increase public awareness, particularly among potential
victims of trafficking, of the dangers of trafficking and the
protections that are available for victims of trafficking.
(c) Consultation Requirement.--The President shall consult with
appropriate nongovernmental organizations with respect to the
establishment and conduct of initiatives described in subsections (a)
and (b).
SEC. 107. <<NOTE: 22 USC 7105.>> PROTECTION AND ASSISTANCE FOR VICTIMS
OF TRAFFICKING.
(a) Assistance for Victims in Other Countries.--
(1) In general.--The Secretary of State and the
Administrator of the United States Agency for International
Development, in consultation with appropriate nongovernmental
organizations, shall establish and carry out programs and
initiatives in foreign countries to assist in the safe
integration,
[[Page 114 STAT. 1475]]
reintegration, or resettlement, as appropriate, of victims of
trafficking. Such programs and initiatives shall be designed to
meet the appropriate assistance needs of such persons and their
children, as identified by the Task Force.
(2) Additional requirement.--In establishing and conducting
programs and initiatives described in paragraph (1), the
Secretary of State and the Administrator of the United States
Agency for International Development shall take all appropriate
steps to enhance cooperative efforts among foreign countries,
including countries of origin of victims of trafficking, to
assist in the integration, reintegration, or resettlement, as
appropriate, of victims of trafficking, including stateless
victims.
(b) Victims in the United States.--
(1) Assistance.--
(A) Eligibility for benefits and services.--
Notwithstanding title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, an
alien who is a victim of a severe form of trafficking in
persons shall be eligible for benefits and services
under any Federal or State program or activity funded or
administered by any official or agency described in
subparagraph (B) to the same extent as an alien who is
admitted to the United States as a refugee under section
207 of the Immigration and Nationality Act.
(B) Requirement to expand benefits and services.--
Subject to subparagraph (C) and, in the case of
nonentitlement programs, to the availability of
appropriations, the Secretary of Health and Human
Services, the Secretary of Labor, the Board of Directors
of the Legal Services Corporation, and the heads of
other Federal agencies shall expand benefits and
services to victims of severe forms of trafficking in
persons in the United States, without regard to the
immigration status of such victims.
(C) Definition of victim of a severe form of
trafficking in persons.--For the purposes of this
paragraph, the term ``victim of a severe form of
trafficking in persons'' means only a person--
(i) who has been subjected to an act or
practice described in section 103(8) as in effect
on the date of the enactment of this Act; and
(ii)(I) who has not attained 18 years of age;
or
(II) who is the subject of a certification
under subparagraph (E).
(D) Annual report.--Not <<NOTE: Deadline.>> later
than December 31 of each year, the Secretary of Health
and Human Services, in consultation with the Secretary
of Labor, the Board of Directors of the Legal Services
Corporation, and the heads of other appropriate Federal
agencies shall submit a report, which includes
information on the number of persons who received
benefits or other services under this paragraph in
connection with programs or activities funded or
administered by such agencies or officials during the
preceding fiscal year, to the Committee on Ways and
Means, the Committee on International Relations, and the
Committee on the Judiciary of the House of
Representatives and the Committee on Finance, the
Committee on Foreign
[[Page 114 STAT. 1476]]
Relations, and the Committee on the Judiciary of the
Senate.
(E) Certification.--
(i) In general.--Subject to clause (ii), the
certification referred to in subparagraph (C) is a
certification by the Secretary of Health and Human
Services, after consultation with the Attorney
General, that the person referred to in
subparagraph (C)(ii)(II)--
(I) is willing to assist in every
reasonable way in the investigation and
prosecution of severe forms of
trafficking in persons; and
(II)(aa) has made a bona fide
application for a visa under section
101(a)(15)(T) of the Immigration and
Nationality Act, as added by subsection
(e), that has not been denied; or
(bb) is a person whose continued
presence in the United States the
Attorney General is ensuring in order to
effectuate prosecution of traffickers in
persons.
(ii) Period of effectiveness.--A certification
referred to in subparagraph (C), with respect to a
person described in clause (i)(II)(bb), shall be
effective only for so long as the Attorney General
determines that the continued presence of such
person is necessary to effectuate prosecution of
traffickers in persons.
(iii) Investigation and prosecution defined.--
For the purpose of a certification under this
subparagraph, the term ``investigation and
prosecution'' includes--
(I) identification of a person or
persons who have committed severe forms
of trafficking in persons;
(II) location and apprehension of
such persons; and
(III) testimony at proceedings
against such persons.
(2) Grants.--
(A) In general.--Subject to the availability of
appropriations, the Attorney General may make grants to
States, Indian tribes, units of local government, and
nonprofit, nongovernmental victims' service
organizations to develop, expand, or strengthen victim
service programs for victims of trafficking.
(B) Allocation of grant funds.--Of amounts made
available for grants under this paragraph, there shall
be set aside--
(i) three percent for research, evaluation,
and statistics;
(ii) two percent for training and technical
assistance; and
(iii) one percent for management and
administration.
(C) Limitation on federal share.--The Federal share
of a grant made under this paragraph may not exceed 75
percent of the total costs of the projects described in
the application submitted.
[[Page 114 STAT. 1477]]
(c) Trafficking Victim Regulations.--Not <<NOTE: Deadline.>> later
than 180 days after the date of the enactment of this Act, the Attorney
General and the Secretary of State shall promulgate regulations for law
enforcement personnel, immigration officials, and Department of State
officials to implement the following:
(1) Protections while in custody.--Victims of severe forms
of trafficking, while in the custody of the Federal Government
and to the extent practicable, shall--
(A) not be detained in facilities inappropriate to
their status as crime victims;
(B) receive necessary medical care and other
assistance; and
(C) be provided protection if a victim's safety is
at risk or if there is danger of additional harm by
recapture of the victim by a trafficker, including--
(i) taking measures to protect trafficked
persons and their family members from intimidation
and threats of reprisals and reprisals from
traffickers and their associates; and
(ii) ensuring that the names and identifying
information of trafficked persons and their family
members are not disclosed to the public.
(2) Access to information.--Victims of severe forms of
trafficking shall have access to information about their rights
and translation services.
(3) Authority to permit continued presence in the united
states.--Federal law enforcement officials may permit an alien
individual's continued presence in the United States, if after
an assessment, it is determined that such individual is a victim
of a severe form of trafficking and a potential witness to such
trafficking, in order to effectuate prosecution of those
responsible, and such officials in investigating and prosecuting
traffickers shall protect the safety of trafficking victims,
including taking measures to protect trafficked persons and
their family members from intimidation, threats of reprisals,
and reprisals from traffickers and their associates.
(4) Training of government personnel.--Appropriate personnel
of the Department of State and the Department of Justice shall
be trained in identifying victims of severe forms of trafficking
and providing for the protection of such victims.
(d) Construction.--Nothing in subsection (c) shall be construed as
creating any private cause of action against the United States or its
officers or employees.
(e) Protection From Removal for Certain Crime Victims.--
(1) In general.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(A) by striking ``or'' at the end of subparagraph
(R);
(B) by striking the period at the end of
subparagraph (S) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(T)(i) subject to section 214(n), an alien who the
Attorney General determines--
``(I) is or has been a victim of a severe form
of trafficking in persons, as defined in section
103 of the Trafficking Victims Protection Act of
2000,
[[Page 114 STAT. 1478]]
``(II) is physically present in the United
States, American Samoa, or the Commonwealth of the
Northern Mariana Islands, or at a port of entry
thereto, on account of such trafficking,
``(III)(aa) has complied with any reasonable
request for assistance in the investigation or
prosecution of acts of trafficking, or
``(bb) has not attained 15 years of age, and
``(IV) the alien would suffer extreme hardship
involving unusual and severe harm upon removal;
and
``(ii) if the Attorney General considers it
necessary to avoid extreme hardship--
``(I) in the case of an alien described in
clause (i) who is under 21 years of age, the
spouse, children, and parents of such alien; and
``(II) in the case of an alien described in
clause (i) who is 21 years of age or older, the
spouse and children of such alien,
if accompanying, or following to join, the alien
described in clause (i).''.
(2) Conditions of nonimmigrant status.--Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended--
(A) by redesignating the subsection (l) added by
section 625(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-
208; 110 Stat. 3009-1820) as subsection (m); and
(B) by adding at the end the following:
``(n)(1) No alien shall be eligible for admission to the United
States under section 101(a)(15)(T) if there is substantial reason to
believe that the alien has committed an act of a severe form of
trafficking in persons (as defined in section 103 of the Trafficking
Victims Protection Act of 2000).
``(2) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year under
section 101(a)(15)(T) may not exceed 5,000.
``(3) The numerical limitation of paragraph (2) shall only apply to
principal aliens and not to the spouses, sons, daughters, or parents of
such aliens.''.
(3) Waiver of grounds for ineligibility for admission.--
Section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)) is amended by adding at the end the following:
``(13)(A) The Attorney General shall determine whether a ground for
inadmissibility exists with respect to a nonimmigrant described in
section 101(a)(15)(T).
``(B) In addition to any other waiver that may be available under
this section, in the case of a nonimmigrant described in section
101(a)(15)(T), if the Attorney General considers it to be in the
national interest to do so, the Attorney General, in the Attorney
General's discretion, may waive the application of--
``(i) paragraphs (1) and (4) of subsection (a); and
``(ii) any other provision of such subsection (excluding
paragraphs (3), (10)(C), and (10(E)) if the activities rendering
the alien inadmissible under the provision were caused by, or
were incident to, the victimization described in section
101(a)(15)(T)(i)(I).''.
[[Page 114 STAT. 1479]]
(4) Duties of the attorney general with respect to ``t''
visa nonimmigrants.--Section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101) is amended by adding at the end
the following new subsection:
``(i) With respect to each nonimmigrant alien described in
subsection (a)(15)(T)(i)--
``(1) the Attorney General and other Government officials,
where appropriate, shall provide the alien with a referral to a
nongovernmental organization that would advise the alien
regarding the alien's options while in the United States and the
resources available to the alien; and
``(2) the Attorney General shall, during the period the
alien is in lawful temporary resident status under that
subsection, grant the alien authorization to engage in
employment in the United States and provide the alien with an
`employment authorized' endorsement or other appropriate work
permit.''.
(5) Statutory construction.--Nothing in this section, or in
the amendments made by this section, shall be construed as
prohibiting the Attorney General from instituting removal
proceedings under section 240 of the Immigration and Nationality
Act (8 U.S.C. 1229a) against an alien admitted as a nonimmigrant
under section 101(a)(15)(T)(i) of that Act, as added by
subsection (e), for conduct committed after the alien's
admission into the United States, or for conduct or a condition
that was not disclosed to the Attorney General prior to the
alien's admission as a nonimmigrant under such section
101(a)(15)(T)(i).
(f ) Adjustment to Permanent Resident Status.--Section 245 of such
Act (8 U.S.C 1255) is amended by adding at the end the following new
subsection:
``(l)(1) If, in the opinion of the Attorney General, a nonimmigrant
admitted into the United States under section 101(a)(15)(T)(i)--
``(A) has been physically present in the United States for a
continuous period of at least 3 years since the date of
admission as a nonimmigrant under section 101(a)(15)(T)(i),
``(B) has, throughout such period, been a person of good
moral character, and
``(C)(i) has, during such period, complied with any
reasonable request for assistance in the investigation or
prosecution of acts of trafficking, or
``(ii) the alien would suffer extreme hardship involving
unusual and severe harm upon removal from the United States,
the Attorney General may adjust the status of the alien (and any person
admitted under that section as the spouse, parent, or child of the
alien) to that of an alien lawfully admitted for permanent residence.
``(2) Paragraph (1) shall not apply to an alien admitted under
section 101(a)(15)(T) who is inadmissible to the United States by reason
of a ground that has not been waived under section 212, except that, if
the Attorney General considers it to be in the national interest to do
so, the Attorney General, in the Attorney General's discretion, may
waive the application of--
``(A) paragraphs (1) and (4) of section 212(a); and
``(B) any other provision of such section (excluding
paragraphs (3), (10)(C), and (10(E)), if the activities
rendering the alien inadmissible under the provision were caused
by, or were
[[Page 114 STAT. 1480]]
incident to, the victimization described in section
101(a)(15)(T)(i)(I).
``(2) An alien shall be considered to have failed to maintain
continuous physical presence in the United States under paragraph (1)(A)
if the alien has departed from the United States for any period in
excess of 90 days or for any periods in the aggregate exceeding 180
days.
``(3)(A) The total number of aliens whose status may be adjusted
under paragraph (1) during any fiscal year may not exceed 5,000.
``(B) The numerical limitation of subparagraph (A) shall only apply
to principal aliens and not to the spouses, sons, daughters, or parents
of such aliens.
``(4) Upon the approval of adjustment of status under paragraph (1),
the Attorney General shall record the alien's lawful admission for
permanent residence as of the date of such approval.''.
(g) Annual Reports.--On or before October 31 of each year, the
Attorney General shall submit a report to the appropriate congressional
committees setting forth, with respect to the preceding fiscal year, the
number, if any, of otherwise eligible applicants who did not receive
visas under section 101(a)(15)(T) of the Immigration and Nationality
Act, as added by subsection (e), or who were unable to adjust their
status under section 245(l) of such Act, solely on account of the
unavailability of visas due to a limitation imposed by section 214(n)(1)
or 245(l)(4)(A) of such Act.
SEC. 108. <<NOTE: 22 USC 7106.>> MINIMUM STANDARDS FOR THE ELIMINATION
OF TRAFFICKING.
(a) Minimum Standards.--For purposes of this division, the minimum
standards for the elimination of trafficking applicable to the
government of a country of origin, transit, or destination for a
significant number of victims of severe forms of trafficking are the
following:
(1) The government of the country should prohibit severe
forms of trafficking in persons and punish acts of such
trafficking.
(2) For the knowing commission of any act of sex trafficking
involving force, fraud, coercion, or in which the victim of sex
trafficking is a child incapable of giving meaningful consent,
or of trafficking which includes rape or kidnapping or which
causes a death, the government of the country should prescribe
punishment commensurate with that for grave crimes, such as
forcible sexual assault.
(3) For the knowing commission of any act of a severe form
of trafficking in persons, the government of the country should
prescribe punishment that is sufficiently stringent to deter and
that adequately reflects the heinous nature of the offense.
(4) The government of the country should make serious and
sustained efforts to eliminate severe forms of trafficking in
persons.
(b) Criteria.--In determinations under subsection (a)(4), the
following factors should be considered as indicia of serious and
sustained efforts to eliminate severe forms of trafficking in persons:
(1) Whether the government of the country vigorously
investigates and prosecutes acts of severe forms of trafficking
[[Page 114 STAT. 1481]]
in persons that take place wholly or partly within the territory
of the country.
(2) Whether the government of the country protects victims
of severe forms of trafficking in persons and encourages their
assistance in the investigation and prosecution of such
trafficking, including provisions for legal alternatives to
their removal to countries in which they would face retribution
or hardship, and ensures that victims are not inappropriately
incarcerated, fined, or otherwise penalized solely for unlawful
acts as a direct result of being trafficked.
(3) Whether the government of the country has adopted
measures to prevent severe forms of trafficking in persons, such
as measures to inform and educate the public, including
potential victims, about the causes and consequences of severe
forms of trafficking in persons.
(4) Whether the government of the country cooperates with
other governments in the investigation and prosecution of severe
forms of trafficking in persons.
(5) Whether the government of the country extradites persons
charged with acts of severe forms of trafficking in persons on
substantially the same terms and to substantially the same
extent as persons charged with other serious crimes (or, to the
extent such extradition would be inconsistent with the laws of
such country or with international agreements to which the
country is a party, whether the government is taking all
appropriate measures to modify or replace such laws and treaties
so as to permit such extradition).
(6) Whether the government of the country monitors
immigration and emigration patterns for evidence of severe forms
of trafficking in persons and whether law enforcement agencies
of the country respond to any such evidence in a manner that is
consistent with the vigorous investigation and prosecution of
acts of such trafficking, as well as with the protection of
human rights of victims and the internationally recognized human
right to leave any country, including one's own, and to return
to one's own country.
(7) Whether the government of the country vigorously
investigates and prosecutes public officials who participate in
or facilitate severe forms of trafficking in persons, and takes
all appropriate measures against officials who condone such
trafficking.
SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) is amended by adding at the end the following new section:
``SEC. 134. <<NOTE: 22 USC 2152d.>> ASSISTANCE TO FOREIGN COUNTRIES TO
MEET MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
``(a) Authorization.--The President is authorized to provide
assistance to foreign countries directly, or through nongovernmental and
multilateral organizations, for programs, projects, and activities
designed to meet the minimum standards for the elimination of
trafficking (as defined in section 103 of the Trafficking Victims
Protection Act of 2000), including--
``(1) the drafting of laws to prohibit and punish acts of
trafficking;
[[Page 114 STAT. 1482]]
``(2) the investigation and prosecution of traffickers;
``(3) the creation and maintenance of facilities, programs,
projects, and activities for the protection of victims; and
``(4) the expansion of exchange programs and international
visitor programs for governmental and nongovernmental personnel
to combat trafficking.
``(b) Funding.--Amounts made available to carry out the other
provisions of this part (including chapter 4 of part II of this Act) and
the Support for East European Democracy (SEED) Act of 1989 shall be made
available to carry out this section.''.
SEC. 110. <<NOTE: 22 USC 7107.>> ACTIONS AGAINST GOVERNMENTS FAILING TO
MEET MINIMUM STANDARDS.
(a) Statement of Policy.--It is the policy of the United States not
to provide nonhumanitarian, nontrade-related foreign assistance to any
government that--
(1) does not comply with minimum standards for the
elimination of trafficking; and
(2) is not making significant efforts to bring itself into
compliance with such standards.
(b) Reports to Congress.--
(1) Annual report.--Not <<NOTE: Deadline.>> later than June
1 of each year, the Secretary of State shall submit to the
appropriate congressional committees a report with respect to
the status of severe forms of trafficking in persons that shall
include--
(A) a list of those countries, if any, to which the
minimum standards for the elimination of trafficking are
applicable and whose governments fully comply with such
standards;
(B) a list of those countries, if any, to which the
minimum standards for the elimination of trafficking are
applicable and whose governments do not yet fully comply
with such standards but are making significant efforts
to bring themselves into compliance; and
(C) a list of those countries, if any, to which the
minimum standards for the elimination of trafficking are
applicable and whose governments do not fully comply
with such standards and are not making significant
efforts to bring themselves into compliance.
(2) Interim reports.--In addition to the annual report under
paragraph (1), the Secretary of State may submit to the
appropriate congressional committees at any time one or more
interim reports with respect to the status of severe forms of
trafficking in persons, including information about countries
whose governments--
(A) have come into or out of compliance with the
minimum standards for the elimination of trafficking; or
(B) have begun or ceased to make significant efforts
to bring themselves into compliance,
since the transmission of the last annual report.
(3) Significant efforts.--In determinations under paragraph
(1) or (2) as to whether the government of a country is making
significant efforts to bring itself into compliance with the
minimum standards for the elimination of trafficking, the
Secretary of State shall consider--
(A) the extent to which the country is a country of
origin, transit, or destination for severe forms of
trafficking;
[[Page 114 STAT. 1483]]
(B) the extent of noncompliance with the minimum
standards by the government and, particularly, the
extent to which officials or employees of the government
have participated in, facilitated, condoned, or are
otherwise complicit in severe forms of trafficking; and
(C) what measures are reasonable to bring the
government into compliance with the minimum standards in
light of the resources and capabilities of the
government.
(c) Notification.--Not <<NOTE: Deadline.>> less than 45 days or more
than 90 days after the submission, on or after January 1, 2003, of an
annual report under subsection (b)(1), or an interim report under
subsection (b)(2), the President shall submit to the appropriate
congressional committees a notification of one of the determinations
listed in subsection (d) with respect to each foreign country whose
government, according to such report--
(A) does not comply with the minimum standards for the
elimination of trafficking; and
(B) is not making significant efforts to bring itself into
compliance, as described in subsection (b)(1)(C).
(d) Presidential Determinations.--The determinations referred to in
subsection (c) are the following:
(1) Withholding of nonhumanitarian, nontrade-related
assistance.--The <<NOTE: President.>> President has determined
that--
(A)(i) the United States will not provide
nonhumanitarian, nontrade-related foreign assistance to
the government of the country for the subsequent fiscal
year until such government complies with the minimum
standards or makes significant efforts to bring itself
into compliance; or
(ii) in the case of a country whose government
received no nonhumanitarian, nontrade-related foreign
assistance from the United States during the previous
fiscal year, the United States will not provide funding
for participation by officials or employees of such
governments in educational and cultural exchange
programs for the subsequent fiscal year until such
government complies with the minimum standards or makes
significant efforts to bring itself into compliance; and
(B) the President will instruct the United States
Executive Director of each multilateral development bank
and of the International Monetary Fund to vote against,
and to use the Executive Director's best efforts to
deny, any loan or other utilization of the funds of the
respective institution to that country (other than for
humanitarian assistance, for trade-related assistance,
or for development assistance which directly addresses
basic human needs, is not administered by the government
of the sanctioned country, and confers no benefit to
that government) for the subsequent fiscal year until
such government complies with the minimum standards or
makes significant efforts to bring itself into
compliance.
(2) Ongoing, multiple, broad-based restrictions on
assistance in response to human rights violations.--The
President has determined that such country is already subject to
multiple, broad-based restrictions on assistance imposed in
significant part in response to human rights abuses and such
restrictions are ongoing and are comparable to the restrictions
[[Page 114 STAT. 1484]]
provided in paragraph (1). Such determination shall be
accompanied by a description of the specific restriction or
restrictions that were the basis for making such determination.
(3) Subsequent compliance.--The Secretary of State has
determined that the government of the country has come into
compliance with the minimum standards or is making significant
efforts to bring itself into compliance.
(4) Continuation of assistance in the national interest.--
Notwithstanding the failure of the government of the country to
comply with minimum standards for the elimination of trafficking
and to make significant efforts to bring itself into compliance,
the President has determined that the provision to the country
of nonhumanitarian, nontrade-related foreign assistance, or the
multilateral assistance described in paragraph (1)(B), or both,
would promote the purposes of this division or is otherwise in
the national interest of the United States.
(5) Exercise of waiver authority.--
(A) In general.--The President may exercise the
authority under paragraph (4) with respect to--
(i) all nonhumanitarian, nontrade-related
foreign assistance to a country;
(ii) all multilateral assistance described in
paragraph (1)(B) to a country; or
(iii) one or more programs, projects, or
activities of such assistance.
(B) Avoidance of significant adverse effects.--
The <<NOTE: President.>> President shall exercise the
authority under paragraph (4) when necessary to avoid
significant adverse effects on vulnerable populations,
including women and children.
(6) Definition of multilateral development bank.--In this
subsection, the term ``multilateral development bank'' refers to
any of the following institutions: the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the Asian Development Bank, the
Inter-American Investment Corporation, the African Development
Bank, the African Development Fund, the European Bank for
Reconstruction and Development, and the Multilateral Investment
Guaranty Agency.
(e) Certification.--Together <<NOTE: President.>> with any
notification under subsection (c), the President shall provide a
certification by the Secretary of State that, with respect to any
assistance described in clause (ii), (iii), or (v) of section 103(7)(A),
or with respect to any assistance described in section 103(7)(B), no
assistance is intended to be received or used by any agency or official
who has participated in, facilitated, or condoned a severe form of
trafficking in persons.
SEC. 111. <<NOTE: 22 USC 7108.>> ACTIONS AGAINST SIGNIFICANT TRAFFICKERS
IN PERSONS.
(a) Authority To Sanction Significant Traffickers in Persons.--
(1) In general.--The President may exercise the authorities
set forth in section 203 of the International Emergency Economic
Powers Act (50 U.S.C. 1701) without regard to section 202 of
that Act (50 U.S.C. 1701) in the case of any of the following
persons:
[[Page 114 STAT. 1485]]
(A) Any foreign person that plays a significant role
in a severe form of trafficking in persons, directly or
indirectly in the United States.
(B) Foreign persons that materially assist in, or
provide financial or technological support for or to, or
provide goods or services in support of, activities of a
significant foreign trafficker in persons identified
pursuant to subparagraph (A).
(C) Foreign persons that are owned, controlled, or
directed by, or acting for or on behalf of, a
significant foreign trafficker identified pursuant to
subparagraph (A).
(2) Penalties.--The penalties set forth in section 206 of
the International Emergency Economic Powers Act (50 U.S.C. 1705)
apply to violations of any license, order, or regulation issued
under this section.
(b) Report to Congress on Identification and Sanctioning of
Significant Traffickers in Persons.--
(1) In general.--Upon <<NOTE: President.>> exercising the
authority of subsection (a), the President shall report to the
appropriate congressional committees--
(A) identifying publicly the foreign persons that
the President determines are appropriate for sanctions
pursuant to this section and the basis for such
determination; and
(B) detailing publicly the sanctions imposed
pursuant to this section.
(2) Removal of sanctions.--
Upon <<NOTE: President.>> suspending or terminating any action
imposed under the authority of subsection (a), the President
shall report to the committees described in paragraph (1) on
such suspension or termination.
(3) Submission of classified information.--Reports submitted
under this subsection may include an annex with classified
information regarding the basis for the determination made by
the President under paragraph (1)(A).
(c) Law Enforcement and Intelligence Activities Not Affected.--
Nothing in this section prohibits or otherwise limits the authorized law
enforcement or intelligence activities of the United States, or the law
enforcement activities of any State or subdivision thereof.
(d) Exclusion of Persons Who Have Benefited From Illicit Activities
of Traffickers in Persons.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by inserting at the end
the following new subparagraph:
``(H) Significant traffickers in persons.--
``(i) In general.--Any alien who is listed in
a report submitted pursuant to section 111(b) of
the Trafficking Victims Protection Act of 2000, or
who the consular officer or the Attorney General
knows or has reason to believe is or has been a
knowing aider, abettor, assister, conspirator, or
colluder with such a trafficker in severe forms of
trafficking in persons, as defined in the section
103 of such Act, is inadmissible.
``(ii) Beneficiaries of trafficking.--Except
as provided in clause (iii), any alien who the
consular officer or the Attorney General knows or
has reason to believe is the spouse, son, or
daughter of an alien
[[Page 114 STAT. 1486]]
inadmissible under clause (i), has, within the
previous 5 years, obtained any financial or other
benefit from the illicit activity of that alien,
and knew or reasonably should have known that the
financial or other benefit was the product of such
illicit activity, is inadmissible.
``(iii) Exception for certain sons and
daughters.--Clause (ii) shall not apply to a son
or daughter who was a child at the time he or she
received the benefit described in such clause.''.
(e) Implementation.--
(1) Delegation of authority.--The President may delegate any
authority granted by this section, including the authority to
designate foreign persons under paragraphs (1)(B) and (1)(C) of
subsection (a).
(2) Promulgation of rules and regulations.--The head of any
agency, including the Secretary of Treasury, is authorized to
take such actions as may be necessary to carry out any authority
delegated by the President pursuant to paragraph (1), including
promulgating rules and regulations.
(3) Opportunity for review.--Such rules and regulations
shall include procedures affording an opportunity for a person
to be heard in an expeditious manner, either in person or
through a representative, for the purpose of seeking changes to
or termination of any determination, order, designation or other
action associated with the exercise of the authority in
subsection (a).
(f ) Definition of Foreign Persons.--In this section, the term
``foreign person'' means any citizen or national of a foreign state or
any entity not organized under the laws of the United States, including
a foreign government official, but does not include a foreign state.
(g) Construction.--Nothing in this section shall be construed as
precluding judicial review of the exercise of the authority described in
subsection (a).
SEC. 112. <<NOTE: 22 USC 7109.>> STRENGTHENING PROSECUTION AND
PUNISHMENT OF TRAFFICKERS.
(a) Title 18 Amendments.--Chapter 77 of title 18, United States
Code, is amended--
(1) in each of sections 1581(a), 1583, and 1584--
(A) by striking ``10 years'' and inserting ``20
years''; and
(B) by adding at the end the following: ``If death
results from the violation of this section, or if the
violation includes kidnapping or an attempt to kidnap,
aggravated sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill, the
defendant shall be fined under this title or imprisoned
for any term of years or life, or both.'';
(2) by inserting at the end the following:
``Sec. 1589. Forced labor
``Whoever knowingly provides or obtains the labor or services of a
person--
``(1) by threats of serious harm to, or physical restraint
against, that person or another person;
[[Page 114 STAT. 1487]]
``(2) by means of any scheme, plan, or pattern intended to
cause the person to believe that, if the person did not perform
such labor or services, that person or another person would
suffer serious harm or physical restraint; or
``(3) by means of the abuse or threatened abuse of law or
the legal process,
shall be fined under this title or imprisoned not more than 20 years, or
both. If death results from the violation of this section, or if the
violation includes kidnapping or an attempt to kidnap, aggravated sexual
abuse or the attempt to commit aggravated sexual abuse, or an attempt to
kill, the defendant shall be fined under this title or imprisoned for
any term of years or life, or both.
``Sec. 1590. Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor
``Whoever knowingly recruits, harbors, transports, provides, or
obtains by any means, any person for labor or services in violation of
this chapter shall be fined under this title or imprisoned not more than
20 years, or both. If death results from the violation of this section,
or if the violation includes kidnapping or an attempt to kidnap,
aggravated sexual abuse, or the attempt to commit aggravated sexual
abuse, or an attempt to kill, the defendant shall be fined under this
title or imprisoned for any term of years or life, or both.
``Sec. 1591. Sex trafficking of children or by force, fraud or coercion
``(a) Whoever knowingly--
``(1) in or affecting interstate commerce, recruits,
entices, harbors, transports, provides, or obtains by any means
a person; or
``(2) benefits, financially or by receiving anything of
value, from participation in a venture which has engaged in an
act described in violation of paragraph (1),
knowing that force, fraud, or coercion described in subsection (c)(2)
will be used to cause the person to engage in a commercial sex act, or
that the person has not attained the age of 18 years and will be caused
to engage in a commercial sex act, shall be punished as provided in
subsection (b).
``(b) The punishment for an offense under subsection (a) is--
``(1) if the offense was effected by force, fraud, or
coercion or if the person transported had not attained the age
of 14 years at the time of such offense, by a fine under this
title or imprisonment for any term of years or for life, or
both; or
``(2) if the offense was not so effected, and the person
transported had attained the age of 14 years but had not
attained the age of 18 years at the time of such offense, by a
fine under this title or imprisonment for not more than 20
years, or both.
``(c) In this section:
``(1) The term `commercial sex act' means any sex act, on
account of which anything of value is given to or received by
any person.
``(2) The term `coercion' means--
[[Page 114 STAT. 1488]]
``(A) threats of serious harm to or physical
restraint against any person;
``(B) any scheme, plan, or pattern intended to cause
a person to believe that failure to perform an act would
result in serious harm to or physical restraint against
any person; or
``(C) the abuse or threatened abuse of law or the
legal process.
``(3) The term `venture' means any group of two or more
individuals associated in fact, whether or not a legal entity.
``Sec. 1592. Unlawful conduct with respect to documents in furtherance
of trafficking, peonage, slavery, involuntary
servitude, or forced labor
``(a) Whoever knowingly destroys, conceals, removes, confiscates, or
possesses any actual or purported passport or other immigration
document, or any other actual or purported government identification
document, of another person--
``(1) in the course of a violation of section 1581, 1583,
1584, 1589, 1590, 1591, or 1594(a);
``(2) with intent to violate section 1581, 1583, 1584, 1589,
1590, or 1591; or
``(3) to prevent or restrict or to attempt to prevent or
restrict, without lawful authority, the person's liberty to move
or travel, in order to maintain the labor or services of that
person, when the person is or has been a victim of a severe form
of trafficking in persons, as defined in section 103 of the
Trafficking Victims Protection Act of 2000,
shall be fined under this title or imprisoned for not more than 5 years,
or both.
``(b) Subsection (a) does not apply to the conduct of a person who
is or has been a victim of a severe form of trafficking in persons, as
defined in section 103 of the Trafficking Victims Protection Act of
2000, if that conduct is caused by, or incident to, that trafficking.
``Sec. 1593. Mandatory restitution
``(a) Notwithstanding section 3663 or 3663A, and in addition to any
other civil or criminal penalties authorized by law, the court shall
order restitution for any offense under this chapter.
``(b)(1) The order of restitution under this section shall direct
the defendant to pay the victim (through the appropriate court
mechanism) the full amount of the victim's losses, as determined by the
court under paragraph (3) of this subsection.
``(2) An order of restitution under this section shall be issued and
enforced in accordance with section 3664 in the same manner as an order
under section 3663A.
``(3) As used in this subsection, the term `full amount of the
victim's losses' has the same meaning as provided in section 2259(b)(3)
and shall in addition include the greater of the gross income or value
to the defendant of the victim's services or labor or the value of the
victim's labor as guaranteed under the minimum wage and overtime
guarantees of the Fair Labor Standards Act (29 U.S.C. 201 et seq.).
``(c) As used in this section, the term `victim' means the
individual harmed as a result of a crime under this chapter, including,
in the case of a victim who is under 18 years of age, incompetent,
[[Page 114 STAT. 1489]]
incapacitated, or deceased, the legal guardian of the victim or a
representative of the victim's estate, or another family member, or any
other person appointed as suitable by the court, but in no event shall
the defendant be named such representative or guardian.
``Sec. 1594. General provisions
``(a) Whoever attempts to violate section 1581, 1583, 1584, 1589,
1590, or 1591 shall be punishable in the same manner as a completed
violation of that section.
``(b) The court, in imposing sentence on any person convicted of a
violation of this chapter, shall order, in addition to any other
sentence imposed and irrespective of any provision of State law, that
such person shall forfeit to the United States--
``(1) such person's interest in any property, real or
personal, that was used or intended to be used to commit or to
facilitate the commission of such violation; and
``(2) any property, real or personal, constituting or
derived from, any proceeds that such person obtained, directly
or indirectly, as a result of such violation.
``(c)(1) The following shall be subject to forfeiture to the United
States and no property right shall exist in them:
``(A) Any property, real or personal, used or intended to be
used to commit or to facilitate the commission of any violation
of this chapter.
``(B) Any property, real or personal, which constitutes or
is derived from proceeds traceable to any violation of this
chapter.
``(2) The provisions of chapter 46 of this title relating to civil
forfeitures shall extend to any seizure or civil forfeiture under this
subsection.
``(d) Witness Protection.--Any violation of this chapter shall be
considered an organized criminal activity or other serious offense for
the purposes of application of chapter 224 (relating to witness
protection).''; and
(3) by amending the table of sections at the beginning of
chapter 77 by adding at the end the following new items:
``1589. Forced labor.
``1590. Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor.
``1591. Sex trafficking of children or by force, fraud, or coercion.
``1592. Unlawful conduct with respect to documents in furtherance of
trafficking,
peonage, slavery, involuntary servitude, or forced labor.
``1593. Mandatory restitution.
``1594. General provisions.''.
(b) Amendment to the Sentencing Guidelines.--
(1) Pursuant to its authority under section 994 of title 28,
United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and, if
appropriate, amend the sentencing guidelines and policy
statements applicable to persons convicted of offenses involving
the trafficking of persons including component or related crimes
of peonage, involuntary servitude, slave trade offenses, and
possession, transfer or sale of false immigration documents in
furtherance of trafficking, and the Fair Labor Standards Act and
the Migrant and Seasonal Agricultural Worker Protection Act.
[[Page 114 STAT. 1490]]
(2) In carrying out this subsection, the Sentencing
Commission shall--
(A) take all appropriate measures to ensure that
these sentencing guidelines and policy statements
applicable to the offenses described in paragraph (1) of
this subsection are sufficiently stringent to deter and
adequately reflect the heinous nature of such offenses;
(B) consider conforming the sentencing guidelines
applicable to offenses involving trafficking in persons
to the guidelines applicable to peonage, involuntary
servitude, and slave trade offenses; and
(C) consider providing sentencing enhancements for
those convicted of the offenses described in paragraph
(1) of this subsection that--
(i) involve a large number of victims;
(ii) involve a pattern of continued and
flagrant violations;
(iii) involve the use or threatened use of a
dangerous weapon; or
(iv) result in the death or bodily injury of
any person.
(3) The Commission may promulgate the guidelines or
amendments under this subsection in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of
1987, as though the authority under that Act had not expired.
SEC. 113. <<NOTE: 22 USC 7110.>> AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorization of Appropriations in Support of the Task Force.--
To carry out the purposes of sections 104, 105, and 110, there are
authorized to be appropriated to the Secretary of State $1,500,000 for
fiscal year 2001 and $3,000,000 for fiscal year 2002.
(b) Authorization of Appropriations to the Secretary of Health and
Human Services.--To carry out the purposes of section 107(b), there are
authorized to be appropriated to the Secretary of Health and Human
Services $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year
2002.
(c) Authorization of Appropriations to the Secretary of State.--
(1) Assistance for victims in other countries.--To carry out
the purposes of section 107(a), there are authorized to be
appropriated to the Secretary of State $5,000,000 for fiscal
year 2001 and $10,000,000 for fiscal year 2002.
(2) Voluntary contributions to osce.--To carry out the
purposes of section 109, there are authorized to be appropriated
to the Secretary of State $300,000 for voluntary contributions
to advance projects aimed at preventing trafficking, promoting
respect for human rights of trafficking victims, and assisting
the Organization for Security and Cooperation in Europe
participating states in related legal reform for fiscal year
2001.
(3) Preparation of annual country reports on human rights.--
To carry out the purposes of section 104, there are authorized
to be appropriated to the Secretary of State such sums as may be
necessary to include the additional information required by that
section in the annual Country Reports on Human Rights Practices,
including the preparation and publication of the list described
in subsection (a)(1) of that section.
[[Page 114 STAT. 1491]]
(d) Authorization of Appropriations to Attorney General.--To carry
out the purposes of section 107(b), there are authorized to be
appropriated to the Attorney General $5,000,000 for fiscal year 2001 and
$10,000,000 for fiscal year 2002.
(e) Authorization of Appropriations to President.--
(1) Foreign victim assistance.--To carry out the purposes of
section 106, there are authorized to be appropriated to the
President $5,000,000 for fiscal year 2001 and $10,000,000 for
fiscal year 2002.
(2) Assistance to foreign countries to meet minimum
standards.--To carry out the purposes of section 109, there are
authorized to be appropriated to the President $5,000,000 for
fiscal year 2001 and $10,000,000 for fiscal year 2002.
(f ) Authorization of Appropriations to the Secretary of Labor.--To
carry out the purposes of section 107(b), there are authorized to be
appropriated to the Secretary of Labor $5,000,000 for fiscal year 2001
and $10,000,000 for fiscal year 2002.
DIVISION <<NOTE: Violence Against Women Act of 2000.>> B--VIOLENCE
AGAINST WOMEN ACT OF 2000
SEC. 1001. <<NOTE: 42 USC 13701 note.>> SHORT TITLE.
This division may be cited as the ``Violence Against Women Act of
2000''.
SEC. 1002. <<NOTE: 42 USC 3796gg-2 note.>> DEFINITIONS.
In this division--
(1) the term ``domestic violence'' has the meaning given the
term in section 2003 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); and
(2) the term ``sexual assault'' has the meaning given the
term in section 2003 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
SEC. 1003. <<NOTE: 42 USC 3789p.>> ACCOUNTABILITY AND OVERSIGHT.
(a) Report by Grant Recipients.--The Attorney General or Secretary
of Health and Human Services, as applicable, shall require grantees
under any program authorized or reauthorized by this division or an
amendment made by this division to report on the effectiveness of the
activities carried out with amounts made available to carry out that
program, including number of persons served, if applicable, numbers of
persons seeking services who could not be served and such other
information as the Attorney General or Secretary may prescribe.
(b) Report to Congress.--The Attorney General or Secretary of Health
and Human Services, as applicable, shall report biennially to the
Committees on the Judiciary of the House of Representatives and the
Senate on the grant programs described in subsection (a), including the
information contained in any report under that subsection.
[[Page 114 STAT. 1492]]
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN
SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.
(a) In General.--Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
(1) in the heading, by adding ``AND ENFORCEMENT OF
PROTECTION ORDERS'' at the end;
(2) in section <<NOTE: 42 USC 3796hh.>> 2101(b)--
(A) in paragraph (6), by inserting ``(including
juvenile courts)'' after ``courts''; and
(B) by adding at the end the following:
``(7) To provide technical assistance and computer and other
equipment to police departments, prosecutors, courts, and tribal
jurisdictions to facilitate the widespread enforcement of
protection orders, including interstate enforcement, enforcement
between States and tribal jurisdictions, and enforcement between
tribal jurisdictions.''; and
(3) in section <<NOTE: 42 USC 3796hh-1.>> 2102--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``and'' at
the end;
(ii) in paragraph (2), by striking the period
at the end and inserting ``, including the
enforcement of protection orders from other States
and jurisdictions (including tribal
jurisdictions);''; and
(iii) by adding at the end the following:
``(3) have established cooperative agreements or can
demonstrate effective ongoing collaborative arrangements with
neighboring jurisdictions to facilitate the enforcement of
protection orders from other States and jurisdictions (including
tribal jurisdictions); and
``(4) in applications describing plans to further the
purposes stated in paragraph (4) or (7) of section 2101(b), will
give priority to using the grant to develop and install data
collection and communication systems, including computerized
systems, and training on how to use these systems effectively to
link police, prosecutors, courts, and tribal jurisdictions for
the purpose of identifying and tracking protection orders and
violations of protection orders, in those jurisdictions where
such systems do not exist or are not fully effective.''; and
(B) by adding at the end the following:
``(c) Dissemination of Information.--The Attorney General shall
annually compile and broadly disseminate (including through electronic
publication) information about successful data collection and
communication systems that meet the purposes described in this section.
Such dissemination shall target States, State and local courts, Indian
tribal governments, and units of local government.''.
(b) Protection Orders.--
(1) Filing costs.--Section 2006 of part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-5) is amended--
[[Page 114 STAT. 1493]]
(A) in the heading, by striking ``filing'' and
inserting ``and protection orders'' after ``charges'';
(B) in subsection (a)--
(i) by striking paragraph (1) and inserting
the following:
``(1) certifies that its laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or service
of a protection order, or a petition for a protection order, to
protect a victim of domestic violence, stalking, or sexual
assault, that the victim bear the costs associated with the
filing of criminal charges against the offender, or the costs
associated with the filing, issuance, registration, or service
of a warrant, protection order, petition for a protection order,
or witness subpoena, whether issued inside or outside the State,
tribal, or local jurisdiction; or''; and
(ii) in paragraph (2)(B), by striking ``2
years'' and inserting ``2 years after the date of
the enactment of the Violence Against Women Act of
2000''; and
(C) by adding at the end the following:
``(c) Definition.--In this section, the term `protection order' has
the meaning given the term in section 2266 of title 18, United States
Code.''.
(2) Eligibility for grants to encourage arrest policies.--
Section 2101 of part U of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
(A) in subsection (c), by striking paragraph (4) and
inserting the following:
``(4) certify that their laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or service
of a protection order, or a petition for a protection order, to
protect a victim of domestic violence, stalking, or sexual
assault, that the victim bear the costs associated with the
filing of criminal charges against the offender, or the costs
associated with the filing, issuance, registration, or service
of a warrant, protection order, petition for a protection order,
or witness subpoena, whether issued inside or outside the State,
tribal, or local jurisdiction.''; and
(B) by adding at the end the following:
``(d) Definition.--In this section, the term `protection order' has
the meaning given the term in section 2266 of title 18, United States
Code.''.
(3) Application for grants to encourage arrest policies.--
Section 2102(a)(1)(B) of part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
1(a)(1)(B)) is amended by inserting before the semicolon the
following: ``or, in the case of the condition set forth in
subsection 2101(c)(4), the expiration of the 2-year period
beginning on the date the of the enactment of the Violence
Against Women Act of 2000''.
(4) Registration for protection orders.--Section 2265 of
title 18, United States Code, is amended by adding at the end
the following:
[[Page 114 STAT. 1494]]
``(d) Notification and Registration.--
``(1) Notification.--A State or Indian tribe according full
faith and credit to an order by a court of another State or
Indian tribe shall not notify or require notification of the
party against whom a protection order has been issued that the
protection order has been registered or filed in that enforcing
State or tribal jurisdiction unless requested to do so by the
party protected under such order.
``(2) No prior registration or filing as prerequisite for
enforcement.--Any protection order that is otherwise consistent
with this section shall be accorded full faith and credit,
notwithstanding failure to comply with any requirement that the
order be registered or filed in the enforcing State or tribal
jurisdiction.
``(e) Tribal Court Jurisdiction.--For purposes of this section, a
tribal court shall have full civil jurisdiction to enforce protection
orders, including authority to enforce any orders through civil contempt
proceedings, exclusion of violators from Indian lands, and other
appropriate mechanisms, in matters arising within the authority of the
tribe.''.
(c) Technical Amendment.--The table of contents for title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended in the item relating to part U, by adding ``and
Enforcement of Protection Orders'' at the end.
SEC. 1102. ROLE OF COURTS.
(a) Courts as Eligible STOP Subgrantees.--Part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et
seq.) is amended--
(1) in section <<NOTE: 42 USC 3796gg.>> 2001--
(A) in subsection (a), by striking ``Indian tribal
governments,'' and inserting ``State and local courts
(including juvenile courts), Indian tribal governments,
tribal courts,''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``, judges,
other court personnel,'' after ``law enforcement
officers'';
(ii) in paragraph (2), by inserting ``,
judges, other court personnel,'' after ``law
enforcement officers''; and
(iii) in paragraph (3), by inserting ``,
court,'' after ``police''; and
(2) in section <<NOTE: 42 USC 3796gg-1.>> 2002--
(A) in subsection (a), by inserting ``State and
local courts (including juvenile courts),'' after
``States,'' the second place it appears;
(B) in subsection (c), by striking paragraph (3) and
inserting the following:
``(3) of the amount granted--
``(A) not less than 25 percent shall be allocated to
police and not less than 25 percent shall be allocated
to prosecutors;
``(B) not less than 30 percent shall be allocated to
victim services; and
``(C) not less than 5 percent shall be allocated for
State and local courts (including juvenile courts);
and''; and
[[Page 114 STAT. 1495]]
(C) in subsection (d)(1), by inserting ``court,''
after ``law enforcement,''.
(b) Eligible Grantees; Use of Grants for Education.--Section 2101 of
part U of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796hh) is amended--
(1) in subsection (a), by inserting ``State and local courts
(including juvenile courts), tribal courts,'' after ``Indian
tribal governments,'';
(2) in subsection (b)--
(A) by inserting ``State and local courts (including
juvenile courts),'' after ``Indian tribal governments'';
(B) in paragraph (2), by striking ``policies and''
and inserting ``policies, educational programs, and'';
(C) in paragraph (3), by inserting ``parole and
probation officers,'' after ``prosecutors,''; and
(D) in paragraph (4), by inserting ``parole and
probation officers,'' after ``prosecutors,'';
(3) in subsection (c), by inserting ``State and local courts
(including juvenile courts),'' after ``Indian tribal
governments''; and
(4) by adding at the end the following:
``(e) Allotment for Indian Tribes.--Not less than 5 percent of the
total amount made available for grants under this section for each
fiscal year shall be available for grants to Indian tribal
governments.''.
SEC. 1103. REAUTHORIZATION OF STOP GRANTS.
(a) Reauthorization.--Section 1001(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is
amended by striking paragraph (18) and inserting the following:
``(18) There is authorized to be appropriated to carry out part T
$185,000,000 for each of fiscal years 2001 through 2005.''.
(b) Grant Purposes.--Part T of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended--
(1) in section <<NOTE: 42 USC 3796gg.>> 2001--
(A) in subsection (b)--
(i) in paragraph (5), by striking ``racial,
cultural, ethnic, and language minorities'' and
inserting ``underserved populations'';
(ii) in paragraph (6), by striking ``and'' at
the end;
(iii) in paragraph (7), by striking the period
at the end and inserting a semicolon; and
(iv) by adding at the end the following:
``(8) supporting formal and informal statewide,
multidisciplinary efforts, to the extent not supported by State
funds, to coordinate the response of State law enforcement
agencies, prosecutors, courts, victim services agencies, and
other State agencies and departments, to violent crimes against
women, including the crimes of sexual assault, domestic
violence, and dating violence;
``(9) training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
analysis, prevention, and providing expert testimony and
treatment of trauma related to sexual assault;''; and
(B) by adding at the end the following:
``(c) State Coalition Grants.--
[[Page 114 STAT. 1496]]
``(1) Purpose.--The Attorney General shall award grants to
each State domestic violence coalition and sexual assault
coalition for the purposes of coordinating State victim services
activities, and collaborating and coordinating with Federal,
State, and local entities engaged in violence against women
activities.
``(2) Grants to state coalitions.--The Attorney General
shall award grants to--
``(A) each State domestic violence coalition, as
determined by the Secretary of Health and Human Services
through the Family Violence Prevention and Services Act
(42 U.S.C. 10410 et seq.); and
``(B) each State sexual assault coalition, as
determined by the Center for Injury Prevention and
Control of the Centers for Disease Control and
Prevention under the Public Health Service Act (42
U.S.C. 280b et seq.).
``(3) Eligibility for other grants.--Receipt of an award
under this subsection by each State domestic violence and sexual
assault coalition shall not preclude the coalition from
receiving additional grants under this part to carry out the
purposes described in subsection (b).'';
(2) in section <<NOTE: 42 USC 3796gg-1.>> 2002(b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (5) and (6), respectively;
(B) in paragraph (1), by striking ``4 percent'' and
inserting ``5 percent'';
(C) in paragraph (5), as redesignated, by striking
``$500,000'' and inserting ``$600,000''; and
(D) by inserting after paragraph (1) the following:
``(2) 2.5 percent shall be available for grants for State
domestic violence coalitions under section 2001(c), with the
coalition for each State, the coalition for the District of
Columbia, the coalition for the Commonwealth of Puerto Rico, and
the coalition for the combined Territories of the United States,
each receiving an amount equal to \1/54\ of the total amount
made available under this paragraph for each fiscal year;
``(3) 2.5 percent shall be available for grants for State
sexual assault coalitions under section 2001(c), with the
coalition for each State, the coalition for the District of
Columbia, the coalition for the Commonwealth of Puerto Rico, and
the coalition for the combined Territories of the United States,
each receiving an amount equal to \1/54\ of the total amount
made available under this paragraph for each fiscal year;
``(4) \1/54\ shall be available for the development and
operation of nonprofit tribal domestic violence and sexual
assault coalitions in Indian country;'';
(3) in section 2003, <<NOTE: 42 USC 3796gg-2.>> by striking
paragraph (7) and inserting the following:
``(7) the term `underserved populations' includes
populations underserved because of geographic location (such as
rural isolation), underserved racial and ethnic populations,
populations underserved because of special needs (such as
language barriers, disabilities, alienage status, or age), and
any other population determined to be underserved by the State
planning process in consultation with the Attorney General;'';
and
[[Page 114 STAT. 1497]]
(4) <<NOTE: 42 USC 3796gg-3.>> in section 2004(b)(3), by
inserting ``, and the membership of persons served in any
underserved population'' before the semicolon.
SEC. 1104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST POLICIES.
Section 1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph
(19) and inserting the following:
``(19) There is authorized to be appropriated to carry out part U
$65,000,000 for each of fiscal years 2001 through 2005.''.
SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT GRANTS.
Section 40295(c) of the Violence Against Women Act of 1994 (42
U.S.C. 13971(c)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--There is authorized to be appropriated to
carry out this section $40,000,000 for each of fiscal years 2001
through 2005.''; and
(2) by adding at the end the following:
``(3) Allotment for indian tribes.--Not less than 5 percent
of the total amount made available to carry out this section for
each fiscal year shall be available for grants to Indian tribal
governments.''.
SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
(a) Reauthorization.--Section 40603 of the Violence Against Women
Act of 1994 (42 U.S.C. 14032) is amended to read as follows:
``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this subtitle
$3,000,000 for each of fiscal years 2001 through 2005.''.
(b) Technical Amendment.--Section <<NOTE: 42 USC 14031.>> 40602(a)
of the Violence Against Women Act of 1994 (42 U.S.C. 14031 note) is
amended by inserting ``and implement'' after ``improve''.
SEC. 1107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES.
(a) Interstate Domestic Violence.--Section 2261 of title 18, United
States Code, is amended by striking subsection (a) and inserting the
following:
``(a) Offenses.--
``(1) Travel or conduct of offender.--A person who travels
in interstate or foreign commerce or enters or leaves Indian
country with the intent to kill, injure, harass, or intimidate a
spouse or intimate partner, and who, in the course of or as a
result of such travel, commits or attempts to commit a crime of
violence against that spouse or intimate partner, shall be
punished as provided in subsection (b).
``(2) Causing travel of victim.--A person who causes a
spouse or intimate partner to travel in interstate or foreign
commerce or to enter or leave Indian country by force, coercion,
duress, or fraud, and who, in the course of, as a result of, or
to facilitate such conduct or travel, commits or attempts to
commit a crime of violence against that spouse or intimate
partner, shall be punished as provided in subsection (b).''.
[[Page 114 STAT. 1498]]
(b) Interstate Stalking.--
(1) In general.--Section 2261A of title 18, United States
Code, is amended to read as follows:
``Sec. 2261A. Interstate stalking
``Whoever--
``(1) travels in interstate or foreign commerce or within
the special maritime and territorial jurisdiction of the United
States, or enters or leaves Indian country, with the intent to
kill, injure, harass, or intimidate another person, and in the
course of, or as a result of, such travel places that person in
reasonable fear of the death of, or serious bodily injury to,
that person, a member of the immediate family (as defined in
section 115) of that person, or the spouse or intimate partner
of that person; or
``(2) with the intent--
``(A) to kill or injure a person in another State or
tribal jurisdiction or within the special maritime and
territorial jurisdiction of the United States; or
``(B) to place a person in another State or tribal
jurisdiction, or within the special maritime and
territorial jurisdiction of the United States, in
reasonable fear of the death of, or serious bodily
injury to--
``(i) that person;
``(ii) a member of the immediate family (as
defined in section 115) of that person; or
``(iii) a spouse or intimate partner of that
person,
uses the mail or any facility of interstate or foreign commerce
to engage in a course of conduct that places that person in
reasonable fear of the death of, or serious bodily injury to,
any of the persons described in clauses (i) through (iii),
shall be punished as provided in section 2261(b).''.
(2) Amendment <<NOTE: 28 USC 994 note.>> of federal
sentencing guidelines.--
(A) In general.--Pursuant to its authority under
section 994 of title 28, United States Code, the United
States Sentencing Commission shall amend the Federal
Sentencing Guidelines to reflect the amendment made by
this subsection.
(B) Factors for consideration.--In carrying out
subparagraph (A), the Commission shall consider--
(i) whether the Federal Sentencing Guidelines
relating to stalking offenses should be modified
in light of the amendment made by this subsection;
and
(ii) whether any changes the Commission may
make to the Federal Sentencing Guidelines pursuant
to clause (i) should also be made with respect to
offenses under chapter 110A of title 18, United
States Code.
(c) Interstate Violation of Protection Order.--Section 2262 of title
18, United States Code, is amended by striking subsection (a) and
inserting the following:
``(a) Offenses.--
``(1) Travel or conduct of offender.--A person who travels
in interstate or foreign commerce, or enters or leaves Indian
country, with the intent to engage in conduct that violates the
portion of a protection order that prohibits or provides
protection against violence, threats, or harassment
[[Page 114 STAT. 1499]]
against, contact or communication with, or physical proximity
to, another person, or that would violate such a portion of a
protection order in the jurisdiction in which the order was
issued, and subsequently engages in such conduct, shall be
punished as provided in subsection (b).
``(2) Causing travel of victim.--A person who causes another
person to travel in interstate or foreign commerce or to enter
or leave Indian country by force, coercion, duress, or fraud,
and in the course of, as a result of, or to facilitate such
conduct or travel engages in conduct that violates the portion
of a protection order that prohibits or provides protection
against violence, threats, or harassment against, contact or
communication with, or physical proximity to, another person, or
that would violate such a portion of a protection order in the
jurisdiction in which the order was issued, shall be punished as
provided in subsection (b).''.
(d) Definitions.--Section 2266 of title 18, United States Code, is
amended to read as follows:
``Sec. 2266. Definitions
``In this chapter:
``(1) Bodily injury.--The term `bodily injury' means any
act, except one done in self-defense, that results in physical
injury or sexual abuse.
``(2) Course of conduct.--The term `course of conduct' means
a pattern of conduct composed of 2 or more acts, evidencing a
continuity of purpose.
``(3) Enter or leave indian country.--The term `enter or
leave Indian country' includes leaving the jurisdiction of 1
tribal government and entering the jurisdiction of another
tribal government.
``(4) Indian country.--The term `Indian country' has the
meaning stated in section 1151 of this title.
``(5) Protection order.--The term `protection order'
includes any injunction or other order issued for the purpose of
preventing violent or threatening acts or harassment against, or
contact or communication with or physical proximity to, another
person, including any temporary or final order issued by a civil
and criminal court (other than a support or child custody order
issued pursuant to State divorce and child custody laws, except
to the extent that such an order is entitled to full faith and
credit under other Federal law) whether obtained by filing an
independent action or as a pendente lite order in another
proceeding so long as any civil order was issued in response to
a complaint, petition, or motion filed by or on behalf of a
person seeking protection.
``(6) Serious bodily injury.--The term `serious bodily
injury' has the meaning stated in section 2119(2).
``(7) Spouse or intimate partner.--The term `spouse or
intimate partner' includes--
``(A) for purposes of--
``(i) sections other than 2261A, a spouse or
former spouse of the abuser, a person who shares a
child in common with the abuser, and a person who
cohabits or has cohabited as a spouse with the
abuser; and
``(ii) section 2261A, a spouse or former
spouse of the target of the stalking, a person who
shares a child
[[Page 114 STAT. 1500]]
in common with the target of the stalking, and a
person who cohabits or has cohabited as a spouse
with the target of the stalking; and
``(B) any other person similarly situated to a
spouse who is protected by the domestic or family
violence laws of the State or tribal jurisdiction in
which the injury occurred or where the victim resides.
``(8) State.--The term `State' includes a State of the
United States, the District of Columbia, and a commonwealth,
territory, or possession of the United States.
``(9) Travel in interstate or foreign commerce.--The term
`travel in interstate or foreign commerce' does not include
travel from 1 State to another by an individual who is a member
of an Indian tribe and who remains at all times in the territory
of the Indian tribe of which the individual is a member.''.
SEC. 1108. SCHOOL AND CAMPUS SECURITY.
(a) Grants To Reduce Violent Crimes Against Women on Campus.--
Section 826 of the Higher Education Amendments of 1998 (20 U.S.C. 1152)
is amended--
(1) in paragraphs (2), (6), (7), and (9) of subsection (b),
by striking ``and domestic violence'' and inserting ``domestic
violence, and dating violence'';
(2) in subsection (c)(2)(B), by striking ``and domestic
violence'' and inserting ``, domestic violence and dating
violence'';
(3) in subsection (f )--
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(B) by inserting before paragraph (2) (as
redesignated by subparagraph (A)) the following:
``(1) the term `dating violence' means violence committed by
a person--
``(A) who is or has been in a social relationship of
a romantic or intimate nature with the victim; and
``(B) where the existence of such a relationship
shall be determined based on a consideration of the
following factors:
``(i) the length of the relationship;
``(ii) the type of relationship; and
``(iii) the frequency of interaction between
the persons involved in the relationship.'';
(C) in paragraph (2) (as redesignated by
subparagraph (A)), by inserting ``, dating'' after
``domestic'' each place the term appears; and
(D) in paragraph (4) (as redesignated by
subparagraph (A))--
(i) by inserting ``or a public, nonprofit
organization acting in a nongovernmental
capacity'' after ``organization'';
(ii) by inserting ``, dating violence'' after
``assists domestic violence'';
(iii) by striking ``or domestic violence'' and
inserting ``, domestic violence or dating
violence''; and
(iv) by inserting ``dating violence,'' before
``stalking,''; and
[[Page 114 STAT. 1501]]
(4) in subsection (g), by striking ``fiscal year 1999 and
such sums as may be necessary for each of the 4 succeeding
fiscal years'' and inserting ``each of fiscal years 2001 through
2005''.
(b) Matching Grant Program For School Security.--Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended by
inserting after part Z the following new part:
``PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY
``SEC. 2701. <<NOTE: 42 USC 3797a.>> PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General is authorized to make grants
to States, units of local government, and Indian tribes to provide
improved security, including the placement and use of metal detectors
and other deterrent measures, at schools and on school grounds.
``(b) Uses of Funds.--Grants awarded under this section shall be
distributed directly to the State, unit of local government, or Indian
tribe, and shall be used to improve security at schools and on school
grounds in the jurisdiction of the grantee through one or more of the
following:
``(1) Placement and use of metal detectors, locks, lighting,
and other deterrent measures.
``(2) Security assessments.
``(3) Security training of personnel and students.
``(4) Coordination with local law enforcement.
``(5) Any other measure that, in the determination of the
Attorney General, may provide a significant improvement in
security.
``(c) Preferential Consideration.--In awarding grants under this
part, the Attorney General shall give preferential consideration, if
feasible, to an application from a jurisdiction that has a demonstrated
need for improved security, has a demonstrated need for financial
assistance, and has evidenced the ability to make the improvements for
which the grant amounts are sought.
``(d) Matching Funds.--
``(1) The portion of the costs of a program provided by a
grant under subsection (a) may not exceed 50 percent.
``(2) Any funds appropriated by Congress for the activities
of any agency of an Indian tribal government or the Bureau of
Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of a
matching requirement funded under this subsection.
``(3) The Attorney General may provide, in the guidelines
implementing this section, for the requirement of paragraph (1)
to be waived or altered in the case of a recipient with a
financial need for such a waiver or alteration.
``(e) Equitable Distribution.--In awarding grants under this part,
the Attorney General shall ensure, to the extent practicable, an
equitable geographic distribution among the regions of the United States
and among urban, suburban, and rural areas.
``(f ) Administrative Costs.--The Attorney General may reserve not
more than 2 percent from amounts appropriated to carry out this part for
administrative costs.
[[Page 114 STAT. 1502]]
``SEC. 2702. <<NOTE: 42 USC 3797b.>> APPLICATIONS.
``(a) In General.--To request a grant under this part, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Attorney General at such time, in such
manner, and accompanied by such information as the Attorney General may
require. Each application shall--
``(1) include a detailed explanation of--
``(A) the intended uses of funds provided under the
grant; and
``(B) how the activities funded under the grant will
meet the purpose of this part; and
``(2) be accompanied by an assurance that the application
was prepared after consultation with individuals not limited to
law enforcement officers (such as school violence researchers,
child psychologists, social workers, teachers, principals, and
other school personnel) to ensure that the improvements to be
funded under the grant are--
``(A) consistent with a comprehensive approach to
preventing school violence; and
``(B) individualized to the needs of each school at
which those improvements are to be made.
``(b) Guidelines.--Not <<NOTE: Deadline.>> later than 90 days after
the date of the enactment of this part, the Attorney General shall
promulgate guidelines to implement this section (including the
information that must be included and the requirements that the States,
units of local government, and Indian tribes must meet) in submitting
the applications required under this section.
``SEC. 2703. <<NOTE: 42 USC 3797c.>> ANNUAL REPORT TO CONGRESS.
``Not later than November 30th of each year, the Attorney General
shall submit a report to the Congress regarding the activities carried
out under this part. Each such report shall include, for the preceding
fiscal year, the number of grants funded under this part, the amount of
funds provided under those grants, and the activities for which those
funds were used.
``SEC. 2704. <<NOTE: 42 USC 3797d.>> DEFINITIONS.
``For purposes of this part--
``(1) the term `school' means a public elementary or
secondary school;
``(2) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or other
unit of general government below the State level; and
``(3) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).
``SEC. 2705. <<NOTE: 42 USC 3797e.>> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$30,000,000 for each of fiscal years 2001 through 2003.''.
SEC. 1109. DATING VIOLENCE.
(a) Definitions.--
(1) Section 2003.--Section 2003 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2)
is amended--
(A) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
[[Page 114 STAT. 1503]]
(B) by adding at the end the following:
``(9) the term `dating violence' means violence committed by
a person--
``(A) who is or has been in a social relationship of
a romantic or intimate nature with the victim; and
``(B) where the existence of such a relationship
shall be determined based on a consideration of the
following factors:
``(i) the length of the relationship;
``(ii) the type of relationship; and
``(iii) the frequency of interaction between
the persons involved in the relationship.''.
(2) Section 2105.--Section 2105 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-4)
is amended--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the term `dating violence' means violence committed by
a person--
``(A) who is or has been in a social relationship of
a romantic or intimate nature with the victim; and
``(B) where the existence of such a relationship
shall be determined based on a consideration of the
following factors:
``(i) the length of the relationship;
``(ii) the type of relationship; and
``(iii) the frequency of interaction between
the persons involved in the relationship.''.
(b) STOP Grants.--Section 2001(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended--
(1) in paragraph (1), by striking ``sexual assault and
domestic violence'' and inserting ``sexual assault, domestic
violence, and dating violence''; and
(2) in paragraph (5), by striking ``sexual assault and
domestic violence'' and inserting ``sexual assault, domestic
violence, and dating violence''.
(c) Grants To Encourage Arrest Policies.--Section 2101(b) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796hh(b)) is amended--
(1) in paragraph (2), by inserting ``and dating violence''
after ``domestic violence''; and
(2) in paragraph (5), by inserting ``and dating violence''
after ``domestic violence''.
(d) Rural Domestic Violence and Child Abuse Enforcement.--Section
40295(a) of the Safe Homes for Women Act of 1994 (42 U.S.C. 13971(a)) is
amended--
(1) in paragraph (1), by inserting ``and dating violence (as
defined in section 2003 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))'' after
``domestic violence''; and
(2) in paragraph (2), by inserting ``and dating violence (as
defined in section 2003 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))'' after
``domestic violence''.
[[Page 114 STAT. 1504]]
TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE
SEC. 1201. <<NOTE: 42 USC 3796gg-6.>> LEGAL ASSISTANCE FOR VICTIMS.
(a) In General.--The purpose of this section is to enable the
Attorney General to award grants to increase the availability of legal
assistance necessary to provide effective aid to victims of domestic
violence, stalking, or sexual assault who are seeking relief in legal
matters arising as a consequence of that abuse or violence, at minimal
or no cost to the victims.
(b) Definitions.--In this section:
(1) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 2003 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2).
(2) Legal assistance for victims.--The term ``legal
assistance'' includes assistance to victims of domestic
violence, stalking, and sexual assault in family, immigration,
administrative agency, or housing matters, protection or stay
away order proceedings, and other similar matters. No funds made
available under this section may be used to provide financial
assistance in support of any litigation described in paragraph
(14) of section 504 of Public Law 104-134.
(3) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 2003 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
(c) Legal Assistance for Victims Grants.--The Attorney General may
award grants under this subsection to private nonprofit entities, Indian
tribal governments, and publicly funded organizations not acting in a
governmental capacity such as law schools, and which shall be used--
(1) to implement, expand, and establish cooperative efforts
and projects between domestic violence and sexual assault victim
services organizations and legal assistance providers to provide
legal assistance for victims of domestic violence, stalking, and
sexual assault;
(2) to implement, expand, and establish efforts and projects
to provide legal assistance for victims of domestic violence,
stalking, and sexual assault by organizations with a
demonstrated history of providing direct legal or advocacy
services on behalf of these victims; and
(3) to provide training, technical assistance, and data
collection to improve the capacity of grantees and other
entities to offer legal assistance to victims of domestic
violence, stalking, and sexual assault.
(d) Eligibility.--To be eligible for a grant under subsection (c),
applicants shall certify in writing that--
(1) any person providing legal assistance through a program
funded under subsection (c) has completed or will complete
training in connection with domestic violence or sexual assault
and related legal issues;
(2) any training program conducted in satisfaction of the
requirement of paragraph (1) has been or will be developed with
input from and in collaboration with a State, local, or
[[Page 114 STAT. 1505]]
tribal domestic violence or sexual assault program or coalition,
as well as appropriate State and local law enforcement
officials;
(3) any person or organization providing legal assistance
through a program funded under subsection (c) has informed and
will continue to inform State, local, or tribal domestic
violence or sexual assault programs and coalitions, as well as
appropriate State and local law enforcement officials of their
work; and
(4) the grantee's organizational policies do not require
mediation or counseling involving offenders and victims
physically together, in cases where sexual assault, domestic
violence, or child sexual abuse is an issue.
(e) Evaluation.--The Attorney General may evaluate the grants funded
under this section through contracts or other arrangements with entities
expert on domestic violence, stalking, and sexual assault, and on
evaluation research.
(f ) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $40,000,000 for each of fiscal years 2001
through 2005.
(2) Allocation of funds.--
(A) Tribal programs.--Of the amount made available
under this subsection in each fiscal year, not less than
5 percent shall be used for grants for programs that
assist victims of domestic violence, stalking, and
sexual assault on lands within the jurisdiction of an
Indian tribe.
(B) Victims of sexual assault.--Of the amount made
available under this subsection in each fiscal year, not
less than 25 percent shall be used for direct services,
training, and technical assistance to support projects
focused solely or primarily on providing legal
assistance to victims of sexual assault.
(3) Nonsupplantation.--Amounts made available under this
section shall be used to supplement and not supplant other
Federal, State, and local funds expended to further the purpose
of this section.
SEC. 1202. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.
(a) Reauthorization.--Section 310(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as
follows:
``(a) In General.--There are authorized to be appropriated to carry
out this title $175,000,000 for each of fiscal years 2001 through
2005.''.
(b) State Minimum; Reallotment.--Section 304 of the Family Violence
Prevention and Services Act (42 U.S.C. 10403) is amended--
(1) in subsection (a), by striking ``for grants to States
for any fiscal year'' and all that follows and inserting the
following: ``and available for grants to States under this
subsection for any fiscal year--
``(1) Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana Islands
shall each be allotted not less than \1/8\ of 1 percent of the
amounts available for grants under section 303(a) for the fiscal
year for which the allotment is made; and
[[Page 114 STAT. 1506]]
``(2) each State shall be allotted for payment in a grant
authorized under section 303(a), $600,000, with the remaining
funds to be allotted to each State in an amount that bears the
same ratio to such remaining funds as the population of such
State bears to the population of all States.'';
(2) in subsection (c), in the first sentence, by inserting
``and available'' before ``for grants''; and
(3) by adding at the end the following:
``(e) In subsection (a)(2), the term ``State'' does not include any
jurisdiction specified in subsection (a)(1).''.
SEC. 1203. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC
VIOLENCE.
Title III of the Family Violence Prevention and Services Act (42
U.S.C. 10401 et seq.) is amended by adding at the end the following:
``SEC. 319. <<NOTE: 42 USC 10419.>> TRANSITIONAL HOUSING ASSISTANCE.
``(a) In General.--The Secretary shall award grants under this
section to carry out programs to provide assistance to individuals, and
their dependents--
``(1) who are homeless or in need of transitional housing or
other housing assistance, as a result of fleeing a situation of
domestic violence; and
``(2) for whom emergency shelter services are unavailable or
insufficient.
``(b) Assistance Described.--Assistance provided under this section
may include--
``(1) short-term housing assistance, including rental or
utilities payments assistance and assistance with related
expenses, such as payment of security deposits and other costs
incidental to relocation to transitional housing, in cases in
which assistance described in this paragraph is necessary to
prevent homelessness because an individual or dependent is
fleeing a situation of domestic violence; and
``(2) support services designed to enable an individual or
dependent who is fleeing a situation of domestic violence to
locate and secure permanent housing, and to integrate the
individual or dependent into a community, such as
transportation, counseling, child care services, case
management, employment counseling, and other assistance.
``(c) Term of Assistance.--
``(1) In general.--Subject to paragraph (2), an individual
or dependent assisted under this section may not receive
assistance under this section for a total of more than 12
months.
``(2) Waiver.--The recipient of a grant under this section
may waive the restrictions of paragraph (1) for up to an
additional 6-month period with respect to any individual (and
dependents of the individual) who has made a good-faith effort
to acquire permanent housing and has been unable to acquire the
housing.
``(d) Reports.--
``(1) Report to secretary.--
``(A) In general.--An entity that receives a grant
under this section shall annually prepare and submit to
the Secretary a report describing the number of
individuals and dependents assisted, and the types of
housing assistance and support services provided, under
this section.
[[Page 114 STAT. 1507]]
``(B) Contents.--Each report shall include
information on--
``(i) the purpose and amount of housing
assistance provided to each individual or
dependent assisted under this section;
``(ii) the number of months each individual or
dependent received the assistance;
``(iii) the number of individuals and
dependents who were eligible to receive the
assistance, and to whom the entity could not
provide the assistance solely due to a lack of
available housing; and
``(iv) the type of support services provided
to each individual or dependent assisted under
this section.
``(2) Report to congress.--The Secretary shall annually
prepare and submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of
the Senate a report that contains a compilation of the
information contained in reports submitted under paragraph (1).
``(e) Evaluation, Monitoring, and Administration.--Of the amount
appropriated under subsection (f ) for each fiscal year, not more than 1
percent shall be used by the Secretary for evaluation, monitoring, and
administrative costs under this section.
``(f ) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for fiscal year
2001.''.
SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.
Section 316(f ) of the Family Violence Prevention and Services Act
(42 U.S.C. 10416(f )) is amended by striking paragraph (1) and inserting
the following:
``(1) In general.--There are authorized to be appropriated
to carry out this section $2,000,000 for each of fiscal years
2001 through 2005.''.
SEC. 1205. FEDERAL VICTIMS COUNSELORS.
Section 40114 of the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103-322; 108 Stat. 1910) is amended by striking
``(such as District of Columbia)--'' and all that follows and inserting
``(such as District of Columbia), $1,000,000 for each of fiscal years
2001 through 2005.''.
SEC. 1206. <<NOTE: 42 USC 14042 note.>> STUDY OF STATE LAWS REGARDING
INSURANCE DISCRIMINATION AGAINST VICTIMS OF VIOLENCE AGAINST
WOMEN.
(a) In General.--The Attorney General shall conduct a national study
to identify State laws that address discrimination against victims of
domestic violence and sexual assault related to issuance or
administration of insurance policies.
(b) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of the enactment of this Act, the Attorney General shall submit to
Congress a report on the findings and recommendations of the study
required by subsection (a).
SEC. 1207. <<NOTE: 42 USC 14042 note.>> STUDY OF WORKPLACE EFFECTS FROM
VIOLENCE AGAINST WOMEN.
The Attorney General shall--
[[Page 114 STAT. 1508]]
(1) conduct a national survey of plans, programs, and
practices developed to assist employers and employees on
appropriate responses in the workplace related to victims of
domestic violence, stalking, or sexual assault; and
(2) not later than 18 months after the date of the enactment
of this Act, submit to Congress a report describing the results
of that survey, which report shall include the recommendations
of the Attorney General to assist employers and employees
affected in the workplace by incidents of domestic violence,
stalking, and sexual assault.
SEC. 1208. <<NOTE: 42 USC 14042 note.>> STUDY OF UNEMPLOYMENT
COMPENSATION FOR VICTIMS OF VIOLENCE AGAINST WOMEN.
The Secretary of Labor, in consultation with the Attorney General,
shall--
(1) conduct a national study to identify State laws that
address the separation from employment of an employee due to
circumstances directly resulting from the experience of domestic
violence by the employee and circumstances governing that
receipt (or nonreceipt) by the employee of unemployment
compensation based on such separation; and
(2) not later than 1 year after the date of the enactment of
this Act, submit to Congress a report describing the results of
that study, together with any recommendations based on that
study.
SEC. 1209. ENHANCING PROTECTIONS FOR OLDER AND DISABLED WOMEN FROM
DOMESTIC VIOLENCE AND SEXUAL ASSAULT.
(a) Elder Abuse, Neglect, and Exploitation.--The Violence Against
Women Act of 1994 (108 Stat. 1902 et seq.) is amended by adding at the
end the following:
``Subtitle H--Elder Abuse, Neglect, and Exploitation, Including Domestic
Violence and Sexual Assault Against Older or Disabled Individuals
``SEC. 40801. <<NOTE: 42 USC 14041.>> DEFINITIONS.
``In this subtitle:
``(1) In general.--The terms `elder abuse, neglect, and
exploitation', and `older individual' have the meanings given
the terms in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002).
``(2) Domestic violence.--The term `domestic violence' has
the meaning given such term by section 2003 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2).
``(3) Sexual assault.--The term `sexual assault' has the
meaning given the term in section 2003 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
[[Page 114 STAT. 1509]]
``SEC. 40802. <<NOTE: 42 USC 14041a.>> TRAINING PROGRAMS FOR LAW
ENFORCEMENT OFFICERS.
``The Attorney General may make grants for training programs to
assist law enforcement officers, prosecutors, and relevant officers of
Federal, State, tribal, and local courts in recognizing, addressing,
investigating, and prosecuting instances of elder abuse, neglect, and
exploitation and violence against individuals with disabilities,
including domestic violence and sexual assault, against older or
disabled individuals.
``SEC. 40803. <<NOTE: 42 USC 14041b.>> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subtitle
$5,000,000 for each of fiscal years 2001 through 2005.''.
(b) Protections for Older and Disabled Individuals From Domestic
Violence and Sexual Assault in Pro-Arrest Grants.--Section 2101(b) of
part U of title I of the Omnibus Crime Control and Safe <<NOTE: 42 USC
3796hh.>> Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended by
adding at the end the following:
``(8) To develop or strengthen policies and training for
police, prosecutors, and the judiciary in recognizing,
investigating, and prosecuting instances of domestic violence
and sexual assault against older individuals (as defined in
section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002))
and individuals with disabilities (as defined in section 3(2) of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2))).''.
(c) Protections for Older and Disabled Individuals From Domestic
Violence and Sexual Assault in STOP Grants.--Section 2001(b) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg(b)) (as amended by section 1103(b) of this division) is amended
by adding at the end the following:
``(10) developing, enlarging, or strengthening programs to
assist law enforcement, prosecutors, courts, and others to
address the needs and circumstances of older and disabled women
who are victims of domestic violence or sexual assault,
including recognizing, investigating, and prosecuting instances
of such violence or assault and targeting outreach and support,
counseling, and other victim services to such older and disabled
individuals; and''.
TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
SEC. 1301. <<NOTE: 42 USC 10420.>> SAFE HAVENS FOR CHILDREN PILOT
PROGRAM.
(a) In General.--The Attorney General may award grants to States,
units of local government, and Indian tribal governments that propose to
enter into or expand the scope of existing contracts and cooperative
agreements with public or private nonprofit entities to provide
supervised visitation and safe visitation exchange of children by and
between parents in situations involving domestic violence, child abuse,
sexual assault, or stalking.
(b) Considerations.--In awarding grants under subsection (a), the
Attorney General shall take into account--
(1) the number of families to be served by the proposed
visitation programs and services;
[[Page 114 STAT. 1510]]
(2) the extent to which the proposed supervised visitation
programs and services serve underserved populations (as defined
in section 2003 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2));
(3) with respect to an applicant for a contract or
cooperative agreement, the extent to which the applicant
demonstrates cooperation and collaboration with nonprofit,
nongovernmental entities in the local community served,
including the State or tribal domestic violence coalition, State
or tribal sexual assault coalition, local shelters, and programs
for domestic violence and sexual assault victims; and
(4) the extent to which the applicant demonstrates
coordination and collaboration with State and local court
systems, including mechanisms for communication and referral.
(c) Applicant Requirements.--The Attorney General shall award grants
for contracts and cooperative agreements to applicants that--
(1) demonstrate expertise in the area of family violence,
including the areas of domestic violence or sexual assault, as
appropriate;
(2) ensure that any fees charged to individuals for use of
programs and services are based on the income of those
individuals, unless otherwise provided by court order;
(3) demonstrate that adequate security measures, including
adequate facilities, procedures, and personnel capable of
preventing violence, are in place for the operation of
supervised visitation programs and services or safe visitation
exchange; and
(4) prescribe standards by which the supervised visitation
or safe visitation exchange will occur.
(d) Reporting.--
(1) In general.--Not <<NOTE: Deadline.>> later than 1 year
after the last day of the first fiscal year commencing on or
after the date of the enactment of this Act, and not later than
180 days after the last day of each fiscal year thereafter, the
Attorney General shall submit to Congress a report that includes
information concerning--
(A) the number of--
(i) individuals served and the number of
individuals turned away from visitation programs
and services and safe visitation exchange
(categorized by State);
(ii) the number of individuals from
underserved populations served and turned away
from services; and
(iii) the type of problems that underlie the
need for supervised visitation or safe visitation
exchange, such as domestic violence, child abuse,
sexual assault, other physical abuse, or a
combination of such factors;
(B) the numbers of supervised visitations or safe
visitation exchanges ordered under this section during
custody determinations under a separation or divorce
decree or protection order, through child protection
services or other social services agencies, or by any
other order of a civil, criminal, juvenile, or family
court;
(C) the process by which children or abused partners
are protected during visitations, temporary custody
transfers, and other activities for which supervised
visitation is established under this section;
[[Page 114 STAT. 1511]]
(D) safety and security problems occurring during
the reporting period during supervised visitation under
this section, including the number of parental abduction
cases; and
(E) the number of parental abduction cases in a
judicial district using supervised visitation programs
and services under this section, both as identified in
criminal prosecution and custody violations.
(2) Guidelines.--The Attorney General shall establish
guidelines for the collection and reporting of data under this
subsection.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2001 and 2002.
(f ) Allotment for Indian Tribes.--Not less than 5 percent of the
total amount made available for each fiscal year to carry out this
section shall be available for grants to Indian tribal governments.
SEC. 1302. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PROGRAMS.
(a) Court-Appointed Special Advocate Program.--Section 218 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13014) is amended by
striking subsection (a) and inserting the following:
``(a) Authorization.--There is authorized to be appropriated to
carry out this subtitle $12,000,000 for each of fiscal years 2001
through 2005.''.
(b) Child Abuse Training Programs for Judicial Personnel and
Practitioners.--Section 224 of the Victims of Child Abuse Act of 1990
(42 U.S.C. 13024) is amended by striking subsection (a) and inserting
the following:
``(a) Authorization.--There is authorized to be appropriated to
carry out this subtitle $2,300,000 for each of fiscal years 2001 through
2005.''.
(c) Grants for Televised Testimony.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)) is amended by striking paragraph (7) and inserting the
following:
``(7) There is authorized to be appropriated to carry out part N
$1,000,000 for each of fiscal years 2001 through 2005.''.
(d) Dissemination of Information.--The <<NOTE: 42 USC 3793
note.>> Attorney General shall--
(1) annually compile and disseminate information (including
through electronic publication) about the use of amounts
expended and the projects funded under section 218(a) of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)), section
224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13024(a)), and section 1007(a)(7) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(7)), including any evaluations of the projects and
information to enable replication and adoption of the strategies
identified in the projects; and
(2) focus dissemination of the information described in
paragraph (1) toward community-based programs, including
domestic violence and sexual assault programs.
[[Page 114 STAT. 1512]]
SEC. 1303. <<NOTE: 28 USC 1738A note.>> REPORT ON EFFECTS OF PARENTAL
KIDNAPPING LAWS IN DOMESTIC VIOLENCE CASES.
(a) In General.--The Attorney General shall--
(1) conduct a study of Federal and State laws relating to
child custody, including custody provisions in protection
orders, the Uniform Child Custody Jurisdiction and Enforcement
Act adopted by the National Conference of Commissioners on
Uniform State Laws in July 1997, the Parental Kidnaping
Prevention Act of 1980 and the amendments made by that Act, and
the effect of those laws on child custody cases in which
domestic violence is a factor; and
(2) submit to Congress a report describing the results of
that study, including the effects of implementing or applying
model State laws, and the recommendations of the Attorney
General to reduce the incidence or pattern of violence against
women or of sexual assault of the child.
(b) Sufficiency of Defenses.--In carrying out subsection (a) with
respect to the Parental Kidnaping Prevention Act of 1980 and the
amendments made by that Act, the Attorney General shall examine the
sufficiency of defenses to parental abduction charges available in cases
involving domestic violence, and the burdens and risks encountered by
victims of domestic violence arising from jurisdictional requirements of
that Act and the amendments made by that Act.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000 for fiscal year 2001.
(d) Condition for Custody Determination.--Section 1738A(c)(2)(C)(ii)
of title 28, United States Code, is amended by striking ``he'' and
inserting ``the child, a sibling, or parent of the child''.
TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE
AGAINST WOMEN
SEC. 1401. RAPE PREVENTION AND EDUCATION.
(a) In General.--Part J of title III of the Public Health Service
Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393A
the following:
``SEC. 393B. <<NOTE: 42 USC 280b-1c.>> USE OF ALLOTMENTS FOR RAPE
PREVENTION EDUCATION.
``(a) Permitted Use.--The Secretary, acting through the National
Center for Injury Prevention and Control at the Centers for Disease
Control and Prevention, shall award targeted grants to States to be used
for rape prevention and education programs conducted by rape crisis
centers, State sexual assault coalitions, and other public and private
nonprofit entities for--
``(1) educational seminars;
``(2) the operation of hotlines;
``(3) training programs for professionals;
``(4) the preparation of informational material;
``(5) education and training programs for students and
campus personnel designed to reduce the incidence of sexual
assault at colleges and universities;
[[Page 114 STAT. 1513]]
``(6) education to increase awareness about drugs used to
facilitate rapes or sexual assaults; and
``(7) other efforts to increase awareness of the facts
about, or to help prevent, sexual assault, including efforts to
increase awareness in underserved communities and awareness
among individuals with disabilities (as defined in section 3 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
``(b) Collection and Dissemination of Information on Sexual
Assault.--The Secretary shall, through the National Resource Center on
Sexual Assault established under the National Center for Injury
Prevention and Control at the Centers for Disease Control and
Prevention, provide resource information, policy, training, and
technical assistance to Federal, State, local, and Indian tribal
agencies, as well as to State sexual assault coalitions and local sexual
assault programs and to other professionals and interested parties on
issues relating to sexual assault, including maintenance of a central
resource library in order to collect, prepare, analyze, and disseminate
information and statistics and analyses thereof relating to the
incidence and prevention of sexual assault.
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $80,000,000 for each of fiscal years 2001
through 2005.
``(2) National resource center allotment.--Of the total
amount made available under this subsection in each fiscal year,
not more than the greater of $1,000,000 or 2 percent of such
amount shall be available for allotment under subsection (b).
``(d) Limitations.--
``(1) Supplement not supplant.--Amounts provided to States
under this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended to provide
services of the type described in subsection (a).
``(2) Studies.--A State may not use more than 2 percent of
the amount received by the State under this section for each
fiscal year for surveillance studies or prevalence studies.
``(3) Administration.--A State may not use more than 5
percent of the amount received by the State under this section
for each fiscal year for administrative expenses.''.
(b) Repeal.--Section 40151 of the Violence Against Women Act of 1994
(108 Stat. 1920), <<NOTE: 42 USC 300w-10.>> and the amendment made by
such section, is repealed.
SEC. 1402. <<NOTE: 42 USC 3796gg-7.>> EDUCATION AND TRAINING TO END
VIOLENCE AGAINST AND ABUSE OF WOMEN WITH DISABILITIES.
(a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services, may award grants to States,
units of local government, Indian tribal governments, and
nongovernmental private entities to provide education and technical
assistance for the purpose of providing training, consultation, and
information on domestic violence, stalking, and sexual assault against
women who are individuals with disabilities (as defined in section 3 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
[[Page 114 STAT. 1514]]
(b) Priorities.--In awarding grants under this section, the Attorney
General shall give priority to applications designed to provide
education and technical assistance on--
(1) the nature, definition, and characteristics of domestic
violence, stalking, and sexual assault experienced by women who
are individuals with disabilities;
(2) outreach activities to ensure that women who are
individuals with disabilities who are victims of domestic
violence, stalking, and sexual assault receive appropriate
assistance;
(3) the requirements of shelters and victim services
organizations under Federal anti-discrimination laws, including
the Americans with Disabilities Act of 1990 and section 504 of
the Rehabilitation Act of 1973; and
(4) cost-effective ways that shelters and victim services
may accommodate the needs of individuals with disabilities in
accordance with the Americans with Disabilities Act of 1990.
(c) Uses of Grants.--Each recipient of a grant under this section
shall provide information and training to organizations and programs
that provide services to individuals with disabilities, including
independent living centers, disability-related service organizations,
and domestic violence programs providing shelter or related assistance.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,500,000 for each of fiscal
years 2001 through 2005.
SEC. 1403. COMMUNITY INITIATIVES.
Section 318 of the Family Violence Prevention and Services Act (42
U.S.C. 10418) is amended by striking subsection (h) and inserting the
following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $6,000,000 for each of fiscal
years 2001 through 2005.''.
SEC. 1404. <<NOTE: 42 USC 13961 note.>> DEVELOPMENT OF RESEARCH AGENDA
IDENTIFIED BY THE VIOLENCE AGAINST WOMEN ACT OF 1994.
(a) In General.--The Attorney General shall--
(1) direct the National Institute of Justice, in
consultation and coordination with the Bureau of Justice
Statistics and the National Academy of Sciences, through its
National Research Council, to develop a research agenda based on
the recommendations contained in the report entitled
``Understanding Violence Against Women'' of the National Academy
of Sciences; and
(2) <<NOTE: Deadline.>> not later than 1 year after the date
of the enactment of this Act, in consultation with the Secretary
of the Department of Health and Human Services, submit to
Congress a report which shall include--
(A) a description of the research agenda developed
under paragraph (1) and a plan to implement that agenda;
and
(B) recommendations for priorities in carrying out
that agenda to most effectively advance knowledge about
and means by which to prevent or reduce violence against
women.
[[Page 114 STAT. 1515]]
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 1405. <<NOTE: 42 USC 3796gg note.>> STANDARDS, PRACTICE, AND
TRAINING FOR SEXUAL ASSAULT FORENSIC EXAMINATIONS.
(a) In General.--The Attorney General shall--
(1) evaluate existing standards of training and practice for
licensed health care professionals performing sexual assault
forensic examinations and develop a national recommended
standard for training;
(2) recommend sexual assault forensic examination training
for all health care students to improve the recognition of
injuries suggestive of rape and sexual assault and baseline
knowledge of appropriate referrals in victim treatment and
evidence collection; and
(3) review existing national, State, tribal, and local
protocols on sexual assault forensic examinations, and based on
this review, develop a recommended national protocol and
establish a mechanism for its nationwide dissemination.
(b) Consultation.--The Attorney General shall consult with national,
State, tribal, and local experts in the area of rape and sexual assault,
including rape crisis centers, State and tribal sexual assault and
domestic violence coalitions and programs, and programs for criminal
justice, forensic nursing, forensic science, emergency room medicine,
law, social services, and sex crimes in underserved communities (as
defined in section 2003(7) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)), as amended by this
division).
(c) Report.--The Attorney General shall ensure that not later than 1
year after the date of the enactment of this Act, a report of the
actions taken pursuant to subsection (a) is submitted to Congress.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000 for fiscal year 2001.
SEC. 1406. EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL.
(a) Grants for Education and Training for Judges and Court Personnel
in State Courts.--
(1) Section 40412.--Section 40412 of the Equal Justice for
Women in the Courts Act of 1994 (42 U.S.C. 13992) is amended--
(A) by striking ``and'' at the end of paragraph
(18);
(B) by striking the period at the end of paragraph
(19) and inserting a semicolon; and
(C) by inserting after paragraph (19) the following:
``(20) the issues raised by domestic violence in determining
custody and visitation, including how to protect the safety of
the child and of a parent who is not a predominant aggressor of
domestic violence, the legitimate reasons parents may report
domestic violence, the ways domestic violence may relate to an
abuser's desire to seek custody, and evaluating expert testimony
in custody and visitation determinations involving domestic
violence;
``(21) the issues raised by child sexual assault in
determining custody and visitation, including how to protect the
[[Page 114 STAT. 1516]]
safety of the child, the legitimate reasons parents may report
child sexual assault, and evaluating expert testimony in custody
and visitation determinations involving child sexual assault,
including the current scientifically-accepted and empirically
valid research on child sexual assault;
``(22) the extent to which addressing domestic violence and
victim safety contributes to the efficient administration of
justice;''.
(2) Section 40414.--Section 40414(a) of the Equal Justice
for Women in the Courts Act of 1994 (42 U.S.C. 13994(a)) is
amended by inserting ``and $1,500,000 for each of the fiscal
years 2001 through 2005'' after ``1996''.
(b) Grants for Education and Training for Judges and Court Personnel
in Federal Courts.--
(1) Section 40421.--Section 40421(d) of the Equal Justice
for Women in the Courts Act of 1994 (42 U.S.C. 14001(d)) is
amended to read as follows:
``(d) Continuing Education and Training Programs.--The Federal
Judicial Center, in carrying out section 620(b)(3) of title 28, United
States Code, shall include in the educational programs it prepares,
including the training programs for newly appointed judges, information
on the aspects of the topics listed in section 40412 that pertain to
issues within the jurisdiction of the Federal courts, and shall prepare
materials necessary to implement this subsection.''.
(2) Section 40422.--Section 40422(2) of the Equal Justice
for Women in the Courts Act of 1994 (42 U.S.C. 14002(2)) is
amended by inserting ``and $500,000 for each of the fiscal years
2001 through 2005'' after ``1996''.
(c) Technical Amendments to the Equal Justice for Women in the
Courts Act of 1994.--
(1) Ensuring collaboration with domestic violence and sexual
assault programs.--Section 40413 of the Equal Justice for Women
in the Courts Act of 1994 (42 U.S.C. 13993) is amended by adding
``, including national, State, tribal, and local domestic
violence and sexual assault programs and coalitions'' after
``victim advocates''.
(2) Participation of tribal courts in state training and
education programs.--Section 40411 of the Equal Justice for
Women in the Courts Act of 1994 (42 U.S.C. 13991) is amended by
adding at the end the following: ``Nothing shall preclude the
attendance of tribal judges and court personnel at programs
funded under this section for States to train judges and court
personnel on the laws of the States.''.
(3) Use of funds for dissemination of model programs.--
Section 40414 of the Equal Justice for Women in the Courts Act
of 1994 (42 U.S.C. 13994) is amended by adding at the end the
following:
``(c) State Justice Institute.--The State Justice Institute may use
up to 5 percent of the funds appropriated under this section for
annually compiling and broadly disseminating (including through
electronic publication) information about the use of funds and about the
projects funded under this section, including any evaluations of the
projects and information to enable the replication and adoption of the
projects.''.
(d) Dating Violence.--
[[Page 114 STAT. 1517]]
(1) Section 40411.--Section 40411 of the Equal Justice for
Women in Courts Act of 1994 (42 U.S.C 13991) is amended by
inserting ``dating violence,'' after ``domestic violence,''.
(2) Section 40412.--Section 40412 of such Act (42 U.S.C
13992) is amended--
(A) in paragraph (10), by inserting ``and dating
violence (as defined in section 2003 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3996gg-2))'' before the semicolon;
(B) in paragraph (11), by inserting ``and dating
violence'' after ``domestic violence'';
(C) in paragraph (13), by inserting ``and dating
violence'' after ``domestic violence'' in both places
that it appears;
(D) in paragraph (17), by inserting ``or dating
violence'' after ``domestic violence'' in both places
that it appears; and
(E) in paragraph (18), by inserting ``and dating
violence'' after ``domestic violence''.
SEC. 1407. DOMESTIC VIOLENCE TASK FORCE
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) (as
amended by section 1209(a) of this division) is amended by adding at the
end the following:
``Subtitle I--Domestic Violence Task Force
``SEC. 40901. <<NOTE: 42 USC 14042.>> TASK FORCE.
``(a) Establish.--The Attorney General, in consultation with
national nonprofit, nongovernmental organizations whose primary
expertise is in domestic violence, shall establish a task force to
coordinate research on domestic violence and to report to Congress on
any overlapping or duplication of efforts on domestic violence issues.
The task force shall be comprised of representatives from all Federal
agencies that fund such research.
``(b) Uses of Funds.--Funds appropriated under this section shall be
used to--
``(1) develop a coordinated strategy to strengthen research
focused on domestic violence education, prevention, and
intervention strategies;
``(2) track and report all Federal research and expenditures
on domestic violence; and
``(3) identify gaps and duplication of efforts in domestic
violence research and governmental expenditures on domestic
violence issues.
``(c) Report.--The Task Force shall report to Congress annually on
its work under subsection (b).
``(d) Definition.--For purposes of this section, the term `domestic
violence' has the meaning given such term by section 2003 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2(1)).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for each of fiscal years
2001 through 2004.''.
[[Page 114 STAT. 1518]]
TITLE <<NOTE: Battered Immigrant Women Protection Act of 2000.>> V--
BATTERED IMMIGRANT WOMEN
SEC. 1501. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.
This title may be cited as the ``Battered Immigrant Women Protection
Act of 2000''.
SEC. 1502. <<NOTE: 8 USC 1101 note.>> FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the goal of the immigration protections for battered
immigrants included in the Violence Against Women Act of 1994
was to remove immigration laws as a barrier that kept battered
immigrant women and children locked in abusive relationships;
(2) providing battered immigrant women and children who were
experiencing domestic violence at home with protection against
deportation allows them to obtain protection orders against
their abusers and frees them to cooperate with law enforcement
and prosecutors in criminal cases brought against their abusers
and the abusers of their children without fearing that the
abuser will retaliate by withdrawing or threatening withdrawal
of access to an immigration benefit under the abuser's control;
and
(3) there are several groups of battered immigrant women and
children who do not have access to the immigration protections
of the Violence Against Women Act of 1994 which means that their
abusers are virtually immune from prosecution because their
victims can be deported as a result of action by their abusers
and the Immigration and Naturalization Service cannot offer them
protection no matter how compelling their case under existing
law.
(b) Purposes.--The purposes of this title are--
(1) to remove barriers to criminal prosecutions of persons
who commit acts of battery or extreme cruelty against immigrant
women and children; and
(2) to offer protection against domestic violence occurring
in family and intimate relationships that are covered in State
and tribal protection orders, domestic violence, and family law
statutes.
SEC. 1503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE
AGAINST WOMEN ACT OF 1994 FOR BATTERED IMMIGRANT WOMEN.
(a) Intended Spouse Defined.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the
following:
``(50) The term `intended spouse' means any alien who meets the
criteria set forth in section 204(a)(1)(A)(iii)(II)(aa)(BB),
204(a)(1)(B)(ii)(II)(aa)(BB), or 240A(b)(2)(A)(i)(III).''.
(b) Immediate Relative Status for Self-Petitioners Married to U.S.
Citizens.--
(1) Self-petitioning spouses.--
(A) Battery or cruelty to alien or alien's child.--
Section 204(a)(1)(A)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended
to read as follows:
[[Page 114 STAT. 1519]]
``(iii)(I) An alien who is described in subclause (II) may file a
petition with the Attorney General under this clause for classification
of the alien (and any child of the alien) if the alien demonstrates to
the Attorney General that--
``(aa) the marriage or the intent to marry the United States
citizen was entered into in good faith by the alien; and
``(bb) during the marriage or relationship intended by the
alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme
cruelty perpetrated by the alien's spouse or intended spouse.
``(II) For purposes of subclause (I), an alien described in this
subclause is an alien--
``(aa)(AA) who is the spouse of a citizen of the United
States;
``(BB) who believed that he or she had married a citizen of
the United States and with whom a marriage ceremony was actually
performed and who otherwise meets any applicable requirements
under this Act to establish the existence of and bona fides of a
marriage, but whose marriage is not legitimate solely because of
the bigamy of such citizen of the United States; or
``(CC) who was a bona fide spouse of a United States citizen
within the past 2 years and--
``(aaa) whose spouse died within the past 2 years;
``(bbb) whose spouse lost or renounced citizenship
status within the past 2 years related to an incident of
domestic violence; or
``(ccc) who demonstrates a connection between the
legal termination of the marriage within the past 2
years and battering or extreme cruelty by the United
States citizen spouse;
``(bb) who is a person of good moral character;
``(cc) who is eligible to be classified as an immediate
relative under section 201(b)(2)(A)(i) or who would have been so
classified but for the bigamy of the citizen of the United
States that the alien intended to marry; and
``(dd) who has resided with the alien's spouse or intended
spouse.''.
(2) Self-petitioning children.--Section 204(a)(1)(A)(iv) of
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv))
is amended to read as follows:
``(iv) An alien who is the child of a citizen of the United States,
or who was a child of a United States citizen parent who within the past
2 years lost or renounced citizenship status related to an incident of
domestic violence, and who is a person of good moral character, who is
eligible to be classified as an immediate relative under section
201(b)(2)(A)(i), and who resides, or has resided in the past, with the
citizen parent may file a petition with the Attorney General under this
subparagraph for classification of the alien (and any child of the
alien) under such section if the alien demonstrates to the Attorney
General that the alien has been battered by or has been the subject of
extreme cruelty perpetrated by the alien's citizen parent. For purposes
of this clause, residence includes any period of visitation.''.
(3) Filing of petitions.--Section 204(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is
amended by adding at the end the following:
[[Page 114 STAT. 1520]]
``(v) An alien who--
``(I) is the spouse, intended spouse, or child living abroad
of a citizen who--
``(aa) is an employee of the United States
Government;
``(bb) is a member of the uniformed services (as
defined in section 101(a) of title 10, United States
Code); or
``(cc) has subjected the alien or the alien's child
to battery or extreme cruelty in the United States; and
``(II) is eligible to file a petition under clause (iii) or
(iv),
shall file such petition with the Attorney General under the procedures
that apply to self-petitioners under clause (iii) or (iv), as
applicable.''.
(c) Second Preference Immigration Status for Self-Petitioners
Married to Lawful Permanent Residents.--
(1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii))
is amended to read as follows:
``(ii)(I) An alien who is described in subclause (II) may file a
petition with the Attorney General under this clause for classification
of the alien (and any child of the alien) if such a child has not been
classified under clause (iii) of section 203(a)(2)(A) and if the alien
demonstrates to the Attorney General that--
``(aa) the marriage or the intent to marry the lawful
permanent resident was entered into in good faith by the alien;
and
``(bb) during the marriage or relationship intended by the
alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme
cruelty perpetrated by the alien's spouse or intended spouse.
``(II) For purposes of subclause (I), an alien described in this
paragraph is an alien--
``(aa)(AA) who is the spouse of a lawful permanent resident
of the United States; or
``(BB) who believed that he or she had married a lawful
permanent resident of the United States and with whom a marriage
ceremony was actually performed and who otherwise meets any
applicable requirements under this Act to establish the
existence of and bona fides of a marriage, but whose marriage is
not legitimate solely because of the bigamy of such lawful
permanent resident of the United States; or
``(CC) who was a bona fide spouse of a lawful permanent
resident within the past 2 years and--
``(aaa) whose spouse lost status within the past 2
years due to an incident of domestic violence; or
``(bbb) who demonstrates a connection between the
legal termination of the marriage within the past 2
years and battering or extreme cruelty by the lawful
permanent resident spouse;
``(bb) who is a person of good moral character;
``(cc) who is eligible to be classified as a spouse of an
alien lawfully admitted for permanent residence under section
203(a)(2)(A) or who would have been so classified but for the
bigamy of the lawful permanent resident of the United States
that the alien intended to marry; and
``(dd) who has resided with the alien's spouse or intended
spouse.''.
[[Page 114 STAT. 1521]]
(2) Self-petitioning children.--Section 204(a)(1)(B)(iii) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(B)(iii)) is amended to read as follows:
``(iii) An alien who is the child of an alien lawfully admitted for
permanent residence, or who was the child of a lawful permanent resident
who within the past 2 years lost lawful permanent resident status due to
an incident of domestic violence, and who is a person of good moral
character, who is eligible for classification under section
203(a)(2)(A), and who resides, or has resided in the past, with the
alien's permanent resident alien parent may file a petition with the
Attorney General under this subparagraph for classification of the alien
(and any child of the alien) under such section if the alien
demonstrates to the Attorney General that the alien has been battered by
or has been the subject of extreme cruelty perpetrated by the alien's
permanent resident parent.''.
(3) Filing of petitions.--Section 204(a)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is
amended by adding at the end the following:
``(iv) An alien who--
``(I) is the spouse, intended spouse, or child living abroad
of a lawful permanent resident who--
``(aa) is an employee of the United States
Government;
``(bb) is a member of the uniformed services (as
defined in section 101(a) of title 10, United States
Code); or
``(cc) has subjected the alien or the alien's child
to battery or extreme cruelty in the United States; and
``(II) is eligible to file a petition under clause (ii) or
(iii),
shall file such petition with the Attorney General under the procedures
that apply to self-petitioners under clause (ii) or (iii), as
applicable.''.
(d) Good Moral Character Determinations for Self-Petitioners and
Treatment of Child Self-Petitioners and Petitions Including Derivative
Children Attaining 21 Years of Age.--Section 204(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) by redesignating subparagraphs (C) through (H) as
subparagraphs (E) through (J), respectively;
(2) by inserting after subparagraph (B) the following:
``(C) Notwithstanding section 101(f ), an act or conviction that is
waivable with respect to the petitioner for purposes of a determination
of the petitioner's admissibility under section 212(a) or deportability
under section 237(a) shall not bar the Attorney General from finding the
petitioner to be of good moral character under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds that the act
or conviction was connected to the alien's having been battered or
subjected to extreme cruelty.
``(D)(i)(I) Any child who attains 21 years of age who has filed a
petition under clause (iv) of section 204(a)(1)(A) that was filed or
approved before the date on which the child attained 21 years of age
shall be considered (if the child has not been admitted or approved for
lawful permanent residence by the date the child attained 21 years of
age) a petitioner for preference status under paragraph (1), (2), or (3)
of section 203(a), whichever paragraph is applicable, with the same
priority date assigned to the self-petition filed under clause (iv) of
section 204(a)(1)(A). No new petition shall be required to be filed.
[[Page 114 STAT. 1522]]
``(II) Any individual described in subclause (I) is eligible for
deferred action and work authorization.
``(III) Any derivative child who attains 21 years of age who is
included in a petition described in clause (ii) that was filed or
approved before the date on which the child attained 21 years of age
shall be considered (if the child has not been admitted or approved for
lawful permanent residence by the date the child attained 21 years of
age) a petitioner for preference status under paragraph (1), (2), or (3)
of section 203(a), whichever paragraph is applicable, with the same
priority date as that assigned to the petitioner in any petition
described in clause (ii). No new petition shall be required to be filed.
``(IV) Any individual described in subclause (III) and any
derivative child of a petition described in clause (ii) is eligible for
deferred action and work authorization.
``(ii) The petition referred to in clause (i)(III) is a petition
filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or
(B)(iii) in which the child is included as a derivative beneficiary.'';
and
(3) in subparagraph (J) (as so redesignated), by inserting
``or in making determinations under subparagraphs (C) and (D),''
after ``subparagraph (B),''.
(e) Access to Naturalization for Divorced Victims of Abuse.--Section
319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is
amended--
(1) by inserting ``, or any person who obtained status as a
lawful permanent resident by reason of his or her status as a
spouse or child of a United States citizen who battered him or
her or subjected him or her to extreme cruelty,'' after ``United
States'' the first place such term appears; and
(2) by inserting ``(except in the case of a person who has
been battered or subjected to extreme cruelty by a United States
citizen spouse or parent)'' after ``has been living in marital
union with the citizen spouse''.
SEC. 1504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND SUSPENSION OF
DEPORTATION UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994.
(a) Cancellation of Removal and Adjustment of Status for Certain
Nonpermanent Residents.--Section 240A(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows:
``(2) Special rule for battered spouse or child.--
``(A) Authority.--The Attorney General may cancel
removal of, and adjust to the status of an alien
lawfully admitted for permanent residence, an alien who
is inadmissible or deportable from the United States if
the alien demonstrates that--
``(i)(I) the alien has been battered or
subjected to extreme cruelty by a spouse or parent
who is or was a United States citizen (or is the
parent of a child of a United States citizen and
the child has been battered or subjected to
extreme cruelty by such citizen parent);
``(II) the alien has been battered or
subjected to extreme cruelty by a spouse or parent
who is or was a lawful permanent resident (or is
the parent of a
[[Page 114 STAT. 1523]]
child of an alien who is or was a lawful permanent
resident and the child has been battered or
subjected to extreme cruelty by such permanent
resident parent); or
``(III) the alien has been battered or
subjected to extreme cruelty by a United States
citizen or lawful permanent resident whom the
alien intended to marry, but whose marriage is not
legitimate because of that United States citizen's
or lawful permanent resident's bigamy;
``(ii) the alien has been physically present
in the United States for a continuous period of
not less than 3 years immediately preceding the
date of such application, and the issuance of a
charging document for removal proceedings shall
not toll the 3-year period of continuous physical
presence in the United States;
``(iii) the alien has been a person of good
moral character during such period, subject to the
provisions of subparagraph (C);
``(iv) the alien is not inadmissible under
paragraph (2) or (3) of section 212(a), is not
deportable under paragraphs (1)(G) or (2) through
(4) of section 237(a) (except in a case described
in section 237(a)(7) where the Attorney General
exercises discretion to grant a waiver), and has
not been convicted of an aggravated felony; and
``(v) the removal would result in extreme
hardship to the alien, the alien's child, or the
alien's parent.
``(B) Physical presence.--Notwithstanding subsection
(d)(2), for purposes of subparagraph (A)(i)(II) or for
purposes of section 244(a)(3) (as in effect before the
title III-A effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996), an alien shall not be considered to have failed
to maintain continuous physical presence by reason of an
absence if the alien demonstrates a connection between
the absence and the battering or extreme cruelty
perpetrated against the alien. No absence or portion of
an absence connected to the battering or extreme cruelty
shall count toward the 90-day or 180-day limits
established in subsection (d)(2). If any absence or
aggregate absences exceed 180 days, the absences or
portions of the absences will not be considered to break
the period of continuous presence. Any such period of
time excluded from the 180-day limit shall be excluded
in computing the time during which the alien has been
physically present for purposes of the 3-year
requirement set forth in section 240A(b)(2)(B) and
section 244(a)(3) (as in effect before the title III-A
effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996).
``(C) Good moral character.--Notwithstanding section
101(f ), an act or conviction that does not bar the
Attorney General from granting relief under this
paragraph by reason of subparagraph (A)(iv) shall not
bar the Attorney General from finding the alien to be of
good moral character under subparagraph (A)(i)(III) or
section 244(a)(3) (as in effect before the title III-A
effective date in section 309
[[Page 114 STAT. 1524]]
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996), if the Attorney General
finds that the act or conviction was connected to the
alien's having been battered or subjected to extreme
cruelty and determines that a waiver is otherwise
warranted.
``(D) Credible evidence considered.--In acting on
applications under this paragraph, the Attorney General
shall consider any credible evidence relevant to the
application. The determination of what evidence is
credible and the weight to be given that evidence shall
be within the sole discretion of the Attorney
General.''.
(b) Children of Battered Aliens and Parents of Battered Alien
Children.--Section 240A(b) of the Immigration and Nationality Act (8
U.S.C. 1229b(b)) is amended by adding at the end the following:
``(4) Children of battered aliens and parents of battered
alien children.--
``(A) In general.--The Attorney General shall grant
parole under section 212(d)(5) to any alien who is a--
``(i) child of an alien granted relief under
section 240A(b)(2) or 244(a)(3) (as in effect
before the title III-A effective date in section
309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996); or
``(ii) parent of a child alien granted relief
under section 240A(b)(2) or 244(a)(3) (as in
effect before the title III-A effective date in
section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996).
``(B) Duration of parole.--The grant of parole shall
extend from the time of the grant of relief under
section 240A(b)(2) or section 244(a)(3) (as in effect
before the title III-A effective date in section 309 of
the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996) to the time the application
for adjustment of status filed by aliens covered under
this paragraph has been finally adjudicated.
Applications for adjustment of status filed by aliens
covered under this paragraph shall be treated as if they
were applications filed under section 204(a)(1)
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of
section 245 (a) and (c). Failure by the alien granted
relief under section 240A(b)(2) or section 244(a)(3) (as
in effect before the title III-A effective date in
section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996) to exercise due
diligence in filing a visa petition on behalf of an
alien described in clause (i) or (ii) may result in
revocation of parole.''.
(c) Effective Date.--Any <<NOTE: 8 USC 1229b note.>> individual who
becomes eligible for relief by reason of the enactment of the amendments
made by subsections (a) and (b), shall be eligible to file a motion to
reopen pursuant to section 240(c)(6)(C)(iv). The amendments made by
subsections (a) and (b) shall take effect as if included in the
enactment of section 304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587). Such
portions of the amendments made by subsection (b) that relate to section
244(a)(3) (as in effect before the title III-A effective date in section
309 of the Illegal Immigration Reform and
[[Page 114 STAT. 1525]]
Immigrant Responsibility Act of 1996) shall take effect as if included
in subtitle G of title IV of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1953 et seq.).
SEC. 1505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF THE
VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL QUALIFIED
BATTERED IMMIGRANT SELF-PETITIONERS.
(a) Battered Immigrant Waiver.--Section 212(a)(9)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended
by adding at the end the following: ``The Attorney General in the
Attorney General's discretion may waive the provisions of section
212(a)(9)(C)(i) in the case of an alien to whom the Attorney General has
granted classification under clause (iii), (iv), or (v) of section
204(a)(1)(A), or classification under clause (ii), (iii), or (iv) of
section 204(a)(1)(B), in any case in which there is a connection
between--
``(1) the alien's having been battered or subjected to
extreme cruelty; and
``(2) the alien's--
``(A) removal;
``(B) departure from the United States;
``(C) reentry or reentries into the United States;
or
``(D) attempted reentry into the United States.''.
(b) Domestic Violence Victim Waiver.--
(1) Waiver for victims of domestic violence.--Section 237(a)
of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is
amended by inserting at the end the following:
``(7) Waiver for victims of domestic violence.--
``(A) In general.--The Attorney General is not
limited by the criminal court record and may waive the
application of paragraph (2)(E)(i) (with respect to
crimes of domestic violence and crimes of stalking) and
(ii) in the case of an alien who has been battered or
subjected to extreme cruelty and who is not and was not
the primary perpetrator of violence in the
relationship--
``(i) upon a determination that--
``(I) the alien was acting is self-
defense;
``(II) the alien was found to have
violated a protection order intended to
protect the alien; or
``(III) the alien committed, was
arrested for, was convicted of, or pled
guilty to committing a crime--
``(aa) that did not result
in serious bodily injury; and
``(bb) where there was a
connection between the crime and
the alien's having been battered
or subjected to extreme cruelty.
``(B) Credible evidence considered.--In acting on
applications under this paragraph, the Attorney General
shall consider any credible evidence relevant to the
application. The determination of what evidence is
credible and the weight to be given that evidence shall
be within the sole discretion of the Attorney
General.''.
(2) Conforming amendment.--Section 240A(b)(1)(C) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is
[[Page 114 STAT. 1526]]
amended by inserting ``(except in a case described in section
237(a)(7) where the Attorney General exercises discretion to
grant a waiver)'' after ``237(a)(3)''.
(c) Misrepresentation Waivers for Battered Spouses of United States
Citizens and Lawful Permanent Residents.--
(1) Waiver of inadmissibility.--Section 212(i)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is amended
by inserting before the period at the end the following: ``or,
in the case of an alien granted classification under clause
(iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of
section 204(a)(1)(B), the alien demonstrates extreme hardship to
the alien or the alien's United States citizen, lawful permanent
resident, or qualified alien parent or child''.
(2) Waiver of deportability.--Section 237(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is
amended--
(A) in clause (i), by inserting ``(I)'' after
``(i)'';
(B) by redesignating clause (ii) as subclause (II);
and
(C) by adding after clause (i) the following:
``(ii) is an alien who qualifies for
classification under clause (iii) or (iv) of
section 204(a)(1)(A) or clause (ii) or (iii) of
section 204(a)(1)(B).''.
(d) Battered Immigrant Waiver.--Section 212(g)(1) of the Immigration
and Nationality Act (8 U.S.C. 1182(g)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by adding ``or'' at the end; and
(3) by inserting after subparagraph (B) the following:
``(C) qualifies for classification under clause
(iii) or (iv) of section 204(a)(1)(A) or classification
under clause (ii) or (iii) of section 204(a)(1)(B);''.
(e) Waivers for VAWA Eligible Battered Immigrants.--Section
212(h)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(h)(1))
is amended--
(1) in subparagraph (B), by striking ``and'' and inserting
``or''; and
(2) by adding at the end the following:
``(C) the alien qualifies for classification under
clause (iii) or (iv) of section 204(a)(1)(A) or
classification under clause (ii) or (iii) of section
204(a)(1)(B); and''.
(f ) Public Charge.--Section 212 of the Immigration and Nationality
Act (8 U.S.C. 1182) is amended by adding at the end the following:
``(p) In determining whether an alien described in subsection
(a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to
receive an immigrant visa or otherwise to adjust to the status of
permanent resident by reason of subsection (a)(4), the consular officer
or the Attorney General shall not consider any benefits the alien may
have received that were authorized under section 501 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1641(c)).''.
(g) Report.--Not <<NOTE: Deadline.>> later than 6 months after the
date of the enactment of this Act, the Attorney General shall submit a
report to the Committees on the Judiciary of the Senate and the House of
Representatives covering, with respect to fiscal year 1997 and each
fiscal year thereafter--
(1) the policy and procedures of the Immigration and
Naturalization Service under which an alien who has been
battered
[[Page 114 STAT. 1527]]
or subjected to extreme cruelty who is eligible for suspension
of deportation or cancellation of removal can request to be
placed, and be placed, in deportation or removal proceedings so
that such alien may apply for suspension of deportation or
cancellation of removal;
(2) the number of requests filed at each district office
under this policy;
(3) the number of these requests granted reported separately
for each district; and
(4) the average length of time at each Immigration and
Naturalization office between the date that an alien who has
been subject to battering or extreme cruelty eligible for
suspension of deportation or cancellation of removal requests to
be placed in deportation or removal proceedings and the date
that the immigrant appears before an immigration judge to file
an application for suspension of deportation or cancellation of
removal.
SEC. 1506. RESTORING IMMIGRATION PROTECTIONS UNDER THE VIOLENCE AGAINST
WOMEN ACT OF 1994.
(a) Removing Barriers to Adjustment of Status for Victims of
Domestic Violence.--
(1) Immigration amendments.--Section 245 of the Immigration
and Nationality Act (8 U.S.C. 1255) is amended--
(A) in subsection (a), by inserting ``or the status
of any other alien having an approved petition for
classification under subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) of section 204(a)(1) or'' after
``into the United States.''; and
(B) in subsection (c), by striking ``Subsection (a)
shall not be applicable to'' and inserting the
following: ``Other than an alien having an approved
petition for classification under subparagraph (A)(iii),
(A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv)
of section 204(a)(1), subsection (a) shall not be
applicable to''.
(2) Effective date.--The <<NOTE: 8 USC 1255
note.>> amendments made by paragraph (1) shall apply to
applications for adjustment of status pending on or made on or
after January 14, 1998.
(b) Removing Barriers to Cancellation of Removal and Suspension of
Deportation for Victims of Domestic Violence.--
(1) Not treating service of notice as terminating continuous
period.--Section 240A(d)(1) of the Immigration and Nationality
Act (8 U.S.C. 1229b(d)(1)) is amended by striking ``when the
alien is served a notice to appear under section 239(a) or'' and
inserting ``(A) except in the case of an alien who applies for
cancellation of removal under subsection (b)(2), when the alien
is served a notice to appear under section 239(a), or (B)''.
(2) Effective date.--The <<NOTE: 8 USC 1229b
note.>> amendment made by paragraph (1) shall take effect as if
included in the enactment of section 304 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 110 Stat. 587).
(3) Modification of certain transition rules for battered
spouse or child.--Section 309(c)(5)(C) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1101 note) is amended--
[[Page 114 STAT. 1528]]
(A) by striking the subparagraph heading and
inserting the following:
``(C) Special rule for certain aliens granted
temporary protection from deportation and for battered
spouses and children.--''; and
(B) in clause (i)--
(i) in subclause (IV), by striking ``or'' at
the end;
(ii) in subclause (V), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(VI) is an alien who was issued an
order to show cause or was in
deportation proceedings before April 1,
1997, and who applied for suspension of
deportation under section 244(a)(3) of
the Immigration and Nationality Act (as
in effect before the date of the
enactment of this Act).''.
(4) Effective date.--The <<NOTE: 8 USC 1101
note.>> amendments made by paragraph (3) shall take effect as if
included in the enactment of section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1101 note).
(c) Eliminating Time Limitations on Motions To Reopen Removal and
Deportation Proceedings for Victims of Domestic Violence.--
(1) Removal proceedings.--
(A) In general.--Section 240(c)(6)(C) of the
Immigration and Nationality Act (8 U.S.C.
1229a(c)(6)(C)) is amended by adding at the end the
following:
``(iv) Special rule for battered spouses and
children.--The deadline specified in subsection
(b)(5)(C) for filing a motion to reopen does not
apply--
``(I) if the basis for the motion is
to apply for relief under clause (iii)
or (iv) of section 204(a)(1)(A), clause
(ii) or (iii) of section 204(a)(1)(B),
or section 240A(b)(2);
``(II) if the motion is accompanied
by a cancellation of removal application
to be filed with the Attorney General or
by a copy of the self-petition that has
been or will be filed with the
Immigration and Naturalization Service
upon the granting of the motion to
reopen; and
``(III) if the motion to reopen is
filed within 1 year of the entry of the
final order of removal, except that the
Attorney General may, in the Attorney
General's discretion, waive this time
limitation in the case of an alien who
demonstrates extraordinary circumstances
or extreme hardship to the alien's
child.''.
(B) Effective date.--The <<NOTE: 8 USC 1229a
note.>> amendment made by subparagraph (A) shall take
effect as if included in the enactment of section 304 of
the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1229-1229c).
(2) Deportation <<NOTE: 8 USC 1229a note.>> proceedings.--
(A) In general.--Notwithstanding any limitation
imposed by law on motions to reopen or rescind
deportation proceedings under the Immigration and
Nationality Act (as in effect before the title III-A
effective date in section
[[Page 114 STAT. 1529]]
309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note)), there
is no time limit on the filing of a motion to reopen
such proceedings, and the deadline specified in section
242B(c)(3) of the Immigration and Nationality Act (as so
in effect) (8 U.S.C. 1252b(c)(3)) does not apply--
(i) if the basis of the motion is to apply for
relief under clause (iii) or (iv) of section
204(a)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii)
of section 204(a)(1)(B) of such Act (8 U.S.C.
1154(a)(1)(B)), or section 244(a)(3) of such Act
(as so in effect) (8 U.S.C. 1254(a)(3)); and
(ii) if the motion is accompanied by a
suspension of deportation application to be filed
with the Attorney General or by a copy of the
self-petition that will be filed with the
Immigration and Naturalization Service upon the
granting of the motion to reopen.
(B) Applicability.--Subparagraph (A) shall apply to
motions filed by aliens who--
(i) are, or were, in deportation proceedings
under the Immigration and Nationality Act (as in
effect before the title III-A effective date in
section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C.
1101 note)); and
(ii) have become eligible to apply for relief
under clause (iii) or (iv) of section 204(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)), clause (ii) or (iii) of section
204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)),
or section 244(a)(3) of such Act (as in effect
before the title III-A effective date in section
309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C.
1101 note)) as a result of the amendments made
by--
(I) subtitle G of title IV of the
Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-
322; 108 Stat. 1953 et seq.); or
(II) this title.
SEC. 1507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE IMMIGRATION
PROVISIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994.
(a) Effect of Changes in Abusers' Citizenship Status on Self-
Petition.--
(1) Reclassification.--Section 204(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as
amended by section 1503(b)(3) of this title) is amended by
adding at the end the following:
``(vi) For the purposes of any petition filed under clause (iii) or
(iv), the denaturalization, loss or renunciation of citizenship, death
of the abuser, divorce, or changes to the abuser's citizenship status
after filing of the petition shall not adversely affect the approval of
the petition, and for approved petitions shall not preclude the
classification of the eligible self-petitioning spouse or child as an
immediate relative or affect the alien's ability to adjust status under
subsections (a) and (c) of section 245 or obtain status as a lawful
permanent resident based on the approved self-petition under such
clauses.''.
[[Page 114 STAT. 1530]]
(2) Loss of status.--Section 204(a)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as amended by
section 1503(c)(3) of this title) is amended by adding at the
end the following:
``(v)(I) For the purposes of any petition filed or approved under
clause (ii) or (iii), divorce, or the loss of lawful permanent resident
status by a spouse or parent after the filing of a petition under that
clause shall not adversely affect approval of the petition, and, for an
approved petition, shall not affect the alien's ability to adjust status
under subsections (a) and (c) of section 245 or obtain status as a
lawful permanent resident based on an approved self-petition under
clause (ii) or (iii).
``(II) Upon the lawful permanent resident spouse or parent becoming
or establishing the existence of United States citizenship through
naturalization, acquisition of citizenship, or other means, any petition
filed with the Immigration and Naturalization Service and pending or
approved under clause (ii) or (iii) on behalf of an alien who has been
battered or subjected to extreme cruelty shall be deemed reclassified as
a petition filed under subparagraph (A) even if the acquisition of
citizenship occurs after divorce or termination of parental rights.''.
(3) Definition <<NOTE: 8 USC 1151.>> of immediate
relatives.--Section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1154(b)(2)(A)(i)) is amended by adding
at the end the following: ``For purposes of this clause, an
alien who has filed a petition under clause (iii) or (iv) of
section 204(a)(1)(A) of this Act remains an immediate relative
in the event that the United States citizen spouse or parent
loses United States citizenship on account of the abuse.''.
(b) Allowing Remarriage of Battered Immigrants.--Section 204(h) of
the Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended by
adding at the end the following: ``Remarriage of an alien whose petition
was approved under section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or
marriage of an alien described in clause (iv) or (vi) of section
204(a)(1)(A) or in section 204(a)(1)(B)(iii) shall not be the basis for
revocation of a petition approval under section 205.''.
SEC. 1508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION FOR
BATTERED IMMIGRANTS.
Section 431(c)(1)(B)(iii) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)(iii)) is
amended to read as follows:
``(iii) suspension of deportation under
section 244(a)(3) of the Immigration and
Nationality Act (as in effect before the title
III-A effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996).''.
SEC. 1509. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED IMMIGRANT SPOUSES
AND CHILDREN.
(a) In General.--The last sentence of the first section of Public
Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note) is amended by striking
the period at the end and inserting the following: ``, except that such
spouse or child who has been battered or subjected to extreme cruelty
may adjust to permanent resident status under this Act without
demonstrating that he or she is residing with the Cuban spouse or parent
in the United States. In acting on
[[Page 114 STAT. 1531]]
applications under this section with respect to spouses or children who
have been battered or subjected to extreme cruelty, the Attorney General
shall apply the provisions of section 204(a)(1)(H).''.
(b) Effective Date.--The <<NOTE: 8 USC 1255 note.>> amendment made
by subsection (a) shall be effective as if included in subtitle G of
title IV of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322; 108 Stat. 1953 et seq.).
SEC. 1510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN
RELIEF ACT FOR BATTERED SPOUSES AND CHILDREN.
(a) Adjustment of Status of Certain Nicaraguan and Cuban Battered
Spouses.--Section 202(d) of the Nicaraguan Adjustment and Central
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100, as amended)
is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) the alien--
``(i) is the spouse, child, or unmarried son
or daughter of an alien whose status is adjusted
to that of an alien lawfully admitted for
permanent residence under subsection (a), except
that in the case of such an unmarried son or
daughter, the son or daughter shall be required to
establish that the son or daughter has been
physically present in the United States for a
continuous period beginning not later than
December 1, 1995, and ending not earlier than the
date on which the application for adjustment under
this subsection is filed; or
``(ii) was, at the time at which an alien
filed for adjustment under subsection (a), the
spouse or child of an alien whose status is
adjusted to that of an alien lawfully admitted for
permanent residence under subsection (a), and the
spouse, child, or child of the spouse has been
battered or subjected to extreme cruelty by the
alien that filed for adjustment under subsection
(a);''; and
(2) by adding at the end the following:
``(3) Procedure.--In acting on an application under this
section with respect to a spouse or child who has been battered
or subjected to extreme cruelty, the Attorney General shall
apply section 204(a)(1)(H).''.
(b) Cancellation of Removal and Suspension of Deportation Transition
Rules for Certain Battered Spouses.--Section 309(c)(5)(C) of the Illegal
Immigration and Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C. 1101 note) (as amended by
section 1506(b)(3) of this title) is amended--
(1) in clause (i)--
(A) by striking the period at the end of subclause
(VI) (as added by section 1506(b)(3) of this title) and
inserting ``; or''; and
(B) by adding at the end the following:
``(VII)(aa) was the spouse or child
of an alien described in subclause (I),
(II), or (V)--
[[Page 114 STAT. 1532]]
``(AA) at the time at which
a decision is rendered to
suspend the deportation or
cancel the removal of the alien;
``(BB) at the time at which
the alien filed an application
for suspension of deportation or
cancellation of removal; or
``(CC) at the time at which
the alien registered for
benefits under the settlement
agreement in American Baptist
Churches, et. al. v. Thornburgh
(ABC), applied for temporary
protected status, or applied for
asylum; and
``(bb) the spouse, child, or child
of the spouse has been battered or
subjected to extreme cruelty by the
alien described in subclause (I), (II),
or (V).''; and
(2) by adding at the end the following:
``(iii) Consideration of petitions.--In acting
on a petition filed under subclause (VII) of
clause (i) the provisions set forth in section
204(a)(1)(H) shall apply.
``(iv) Residence with spouse or parent not
required.--For purposes of the application of
clause (i)(VII), a spouse or child shall not be
required to demonstrate that he or she is residing
with the spouse or parent in the United States.''.
(c) Effective Date.--The <<NOTE: 8 USC 1101 note.>> amendments made
by subsections (a) and (b) shall be effective as if included in the
Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255
note; Public Law 105-100, as amended).
SEC. 1511. <<NOTE: 8 USC 1255 note.>> ACCESS TO THE HAITIAN REFUGEE
FAIRNESS ACT OF 1998 FOR BATTERED SPOUSES AND CHILDREN.
(a) In General.--Section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (division A of section 101(h) of Public
Law 105-277; 112 Stat. 2681-538) is amended to read as follows:
``(B)(i) the alien is the spouse, child, or
unmarried son or daughter of an alien whose status is
adjusted to that of an alien lawfully admitted for
permanent residence under subsection (a), except that,
in the case of such an unmarried son or daughter, the
son or daughter shall be required to establish that the
son or daughter has been physically present in the
United States for a continuous period beginning not
later than December 1, 1995, and ending not earlier than
the date on which the application for such adjustment is
filed;
``(ii) at the time of filing of the application for
adjustment under subsection (a), the alien is the spouse
or child of an alien whose status is adjusted to that of
an alien lawfully admitted for permanent residence under
subsection (a) and the spouse, child, or child of the
spouse has been battered or subjected to extreme cruelty
by the individual described in subsection (a); and
``(iii) in acting on applications under this section
with respect to spouses or children who have been
battered or subjected to extreme cruelty, the Attorney
General shall apply the provisions of section
204(a)(1)(H).''.
[[Page 114 STAT. 1533]]
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the Haitian Refugee Immigration Fairness Act
of 1998 (division A of section 101(h) of Public Law 105-277; 112 Stat.
2681-538).
SEC. 1512. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR BATTERED
IMMIGRANTS.
(a) Law Enforcement and Prosecution Grants.--Section 2001(b) of part
T of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg(b)) (as amended by section 1209(c) of this division)
is amended by adding at the end the following:
``(11) providing assistance to victims of domestic violence
and sexual assault in immigration matters.''.
(b) Grants To Encourage Arrests.--Section 2101(b)(5) of part U of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796hh(b)(5)) is amended by inserting before the period the
following: ``, including strengthening assistance to such victims in
immigration matters''.
(c) Rural Domestic Violence and Child Abuse Enforcement Grants.--
Section 40295(a)(2) of the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103-322; 108 Stat. 1953; 42 U.S.C. 13971(a)(2)) is
amended to read as follows:
``(2) to provide treatment, counseling, and assistance to
victims of domestic violence and child abuse, including in
immigration matters; and''.
(d) Campus Domestic Violence Grants.--Section 826(b)(5) of the
Higher Education Amendments of 1998 (Public Law 105-244; 20 U.S.C. 1152)
is amended by inserting before the period at the end the following: ``,
including assistance to victims in immigration matters''.
SEC. 1513. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING VICTIMS OF
CRIMES AGAINST WOMEN.
(a) Findings <<NOTE: 8 USC 1101 note.>> and Purpose.--
(1) Findings.--Congress makes the following findings:
(A) Immigrant women and children are often targeted
to be victims of crimes committed against them in the
United States, including rape, torture, kidnaping,
trafficking, incest, domestic violence, sexual assault,
female genital mutilation, forced prostitution,
involuntary servitude, being held hostage or being
criminally restrained.
(B) All women and children who are victims of these
crimes committed against them in the United States must
be able to report these crimes to law enforcement and
fully participate in the investigation of the crimes
committed against them and the prosecution of the
perpetrators of such crimes.
(2) Purpose.--
(A) The purpose of this section is to create a new
nonimmigrant visa classification that will strengthen
the ability of law enforcement agencies to detect,
investigate, and prosecute cases of domestic violence,
sexual assault, trafficking of aliens, and other crimes
described in section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act committed against
aliens, while offering protection to victims of such
offenses in keeping with the humanitarian interests of
the United States. This visa will encourage
[[Page 114 STAT. 1534]]
law enforcement officials to better serve immigrant
crime victims and to prosecute crimes committed against
aliens.
(B) Creating a new nonimmigrant visa classification
will facilitate the reporting of crimes to law
enforcement officials by trafficked, exploited,
victimized, and abused aliens who are not in lawful
immigration status. It also gives law enforcement
officials a means to regularize the status of
cooperating individuals during investigations or
prosecutions. Providing temporary legal status to aliens
who have been severely victimized by criminal activity
also comports with the humanitarian interests of the
United States.
(C) Finally, this section gives the Attorney General
discretion to convert the status of such nonimmigrants
to that of permanent residents when doing so is
justified on humanitarian grounds, for family unity, or
is otherwise in the public interest.
(b) Establishment of Humanitarian/Material Witness Nonimmigrant
Classification.--Section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)) (as amended by section 107 of this Act) is
amended--
(1) by striking ``or'' at the end of subparagraph (S);
(2) by striking the period at the end of subparagraph (T)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(U)(i) subject to section 214(o), an alien who
files a petition for status under this subparagraph, if
the Attorney General determines that--
``(I) the alien has suffered substantial
physical or mental abuse as a result of having
been a victim of criminal activity described in
clause (iii);
``(II) the alien (or in the case of an alien
child under the age of 16, the parent, guardian,
or next friend of the alien) possesses information
concerning criminal activity described in clause
(iii);
``(III) the alien (or in the case of an alien
child under the age of 16, the parent, guardian,
or next friend of the alien) has been helpful, is
being helpful, or is likely to be helpful to a
Federal, State, or local law enforcement official,
to a Federal, State, or local prosecutor, to a
Federal or State judge, to the Service, or to
other Federal, State, or local authorities
investigating or prosecuting criminal activity
described in clause (iii); and
``(IV) the criminal activity described in
clause (iii) violated the laws of the United
States or occurred in the United States (including
in Indian country and military installations) or
the territories and possessions of the United
States;
``(ii) if the Attorney General considers it
necessary to avoid extreme hardship to the spouse, the
child, or, in the case of an alien child, the parent of
the alien described in clause (i), the Attorney General
may also grant status under this paragraph based upon
certification of a government official listed in clause
(i)(III) that an investigation or prosecution would be
harmed without the
[[Page 114 STAT. 1535]]
assistance of the spouse, the child, or, in the case of
an alien child, the parent of the alien; and
``(iii) the criminal activity referred to in this
clause is that involving one or more of the following or
any similar activity in violation of Federal, State, or
local criminal law: rape; torture; trafficking; incest;
domestic violence; sexual assault; abusive sexual
contact; prostitution; sexual exploitation; female
genital mutilation; being held hostage; peonage;
involuntary servitude; slave trade; kidnapping;
abduction; unlawful criminal restraint; false
imprisonment; blackmail; extortion; manslaughter;
murder; felonious assault; witness tampering;
obstruction of justice; perjury; or attempt, conspiracy,
or solicitation to commit any of the above mentioned
crimes.''.
(c) Conditions for Admission and Duties of the Attorney General.--
Section 214 of such Act (8 U.S.C. 1184) (as amended by section 107 of
this Act) is amended by adding at the end the following new subsection:
``(o) Requirements Applicable to Section 101(a)(15)(U) Visas.--
``(1) Petitioning procedures for section 101(a)(15)(u)
visas.--The petition filed by an alien under section
101(a)(15)(U)(i) shall contain a certification from a Federal,
State, or local law enforcement official, prosecutor, judge, or
other Federal, State, or local authority investigating criminal
activity described in section 101(a)(15)(U)(iii). This
certification may also be provided by an official of the Service
whose ability to provide such certification is not limited to
information concerning immigration violations. This
certification shall state that the alien ``has been helpful, is
being helpful, or is likely to be helpful'' in the investigation
or prosecution of criminal activity described in section
101(a)(15)(U)(iii).
``(2) Numerical limitations.--
``(A) The number of aliens who may be issued visas
or otherwise provided status as nonimmigrants under
section 101(a)(15)(U) in any fiscal year shall not
exceed 10,000.
``(B) The numerical limitations in subparagraph (A)
shall only apply to principal aliens described in
section 101(a)(15)(U)(i), and not to spouses, children,
or, in the case of alien children, the alien parents of
such children.
``(3) Duties of the attorney general with respect to `u'
visa nonimmigrants.--With respect to nonimmigrant aliens
described in subsection (a)(15)(U)--
``(A) the Attorney General and other government
officials, where appropriate, shall provide those aliens
with referrals to nongovernmental organizations to
advise the aliens regarding their options while in the
United States and the resources available to them; and
``(B) the Attorney General shall, during the period
those aliens are in lawful temporary resident status
under that subsection, provide the aliens with
employment authorization.
``(4) Credible evidence considered.--In acting on any
petition filed under this subsection, the consular officer or
the Attorney General, as appropriate, shall consider any
credible evidence relevant to the petition.
[[Page 114 STAT. 1536]]
``(5) Nonexclusive relief.--Nothing in this subsection
limits the ability of aliens who qualify for status under
section 101(a)(15)(U) to seek any other immigration benefit or
status for which the alien may be eligible.''.
(d) Prohibition <<NOTE: 8 USC 1367.>> on Adverse Determinations of
Admissibility or Deportability.--Section 384(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 is amended--
(1) by striking ``or'' at the end of paragraph (1)(C);
(2) by striking the comma at the end of paragraph (1)(D) and
inserting ``, or''; and
(3) by inserting after paragraph (1)(D) the following new
subparagraph:
``(E) in the case of an alien applying for status
under section 101(a)(15)(U) of the Immigration and
Nationality Act, the perpetrator of the substantial
physical or mental abuse and the criminal activity,'';
and
(4) in paragraph (2), by inserting ``section
101(a)(15)(U),'' after ``section 216(c)(4)(C),''.
(e) Waiver of Grounds of Ineligibility for Admission.--Section
212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is
amended by adding at the end the following new paragraph:
``(13) The Attorney General shall determine whether a ground of
inadmissibility exists with respect to a nonimmigrant described in
section 101(a)(15)(U). The Attorney General, in the Attorney General's
discretion, may waive the application of subsection (a) (other than
paragraph (3)(E)) in the case of a nonimmigrant described in section
101(a)(15)(U), if the Attorney General considers it to be in the public
or national interest to do so.''.
(f ) Adjustment to Permanent Resident Status.--Section 245 of such
Act (8 U.S.C. 1255) is amended by adding at the end the following new
subsection:
``(l)(1) The Attorney General may adjust the status of an alien
admitted into the United States (or otherwise provided nonimmigrant
status) under section 101(a)(15)(U) to that of an alien lawfully
admitted for permanent residence if the alien is not described in
section 212(a)(3)(E), unless the Attorney General determines based on
affirmative evidence that the alien unreasonably refused to provide
assistance in a criminal investigation or prosecution, if--
``(A) the alien has been physically present in the United
States for a continuous period of at least 3 years since the
date of admission as a nonimmigrant under clause (i) or (ii) of
section 101(a)(15)(U); and
``(B) in the opinion of the Attorney General, the alien's
continued presence in the United States is justified on
humanitarian grounds, to ensure family unity, or is otherwise in
the public interest.
``(2) An alien shall be considered to have failed to maintain
continuous physical presence in the United States under paragraph (1)(A)
if the alien has departed from the United States for any period in
excess of 90 days or for any periods in the aggregate exceeding 180 days
unless the absence is in order to assist in the investigation or
prosecution or unless an official involved in the investigation or
prosecution certifies that the absence was otherwise justified.
[[Page 114 STAT. 1537]]
``(3) Upon approval of adjustment of status under paragraph (1) of
an alien described in section 101(a)(15)(U)(i) the Attorney General may
adjust the status of or issue an immigrant visa to a spouse, a child,
or, in the case of an alien child, a parent who did not receive a
nonimmigrant visa under section 101(a)(15)(U)(ii) if the Attorney
General considers the grant of such status or visa necessary to avoid
extreme hardship.
``(4) Upon the approval of adjustment of status under paragraph (1)
or (3), the Attorney General shall record the alien's lawful admission
for permanent residence as of the date of such approval.''.
TITLE VI--MISCELLANEOUS
SEC. 1601. <<NOTE: Campus Sex Crimes Prevention Act.>> NOTICE
REQUIREMENTS FOR SEXUALLY VIOLENT OFFENDERS.
(a) Short Title.--This <<NOTE: 20 USC 1001 note.>> section may be
cited as the ``Campus Sex Crimes Prevention Act''.
(b) Notice With Respect to Institutions of Higher Education.--
(1) In general.--Section 170101 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended by
adding at the end the following:
``( j) Notice of Enrollment at or Employment by Institutions of
Higher Education.--
``(1) Notice by offenders.--
``(A) In general.--In addition to any other
requirements of this section, any person who is required
to register in a State shall provide notice as required
under State law--
``(i) of each institution of higher education
in that State at which the person is employed,
carries on a vocation, or is a student; and
``(ii) of each change in enrollment or
employment status of such person at an institution
of higher education in that State.
``(B) Change in status.--A change in status under
subparagraph (A)(ii) shall be reported by the person in
the manner provided by State law. State procedures shall
ensure that the updated information is promptly made
available to a law enforcement agency having
jurisdiction where such institution is located and
entered into the appropriate State records or data
system.
``(2) State reporting.--State procedures shall ensure that
the registration information collected under paragraph (1)--
``(A) is promptly made available to a law
enforcement agency having jurisdiction where such
institution is located; and
``(B) entered into the appropriate State records or
data system.
``(3) Request.--Nothing in this subsection shall require an
educational institution to request such information from any
State.''.
(2) Effective date.--The <<NOTE: 42 USC 14071
note.>> amendment made by this subsection shall take effect 2
years after the date of the enactment of this Act.
(c) Disclosures by Institutions of Higher Education.--
[[Page 114 STAT. 1538]]
(1) In general.--Section 485(f )(1) of the Higher Education
Act of 1965 (20 U.S.C. 1092(f )(1)) is amended by adding at the
end the following:
``(I) A statement advising the campus community where law
enforcement agency information provided by a State under section
170101( j) of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071( j)), concerning registered sex
offenders may be obtained, such as the law enforcement office of
the institution, a local law enforcement agency with
jurisdiction for the campus, or a computer network address.''.
(2) Effective date.--The <<NOTE: 20 USC 1092
note.>> amendment made by this subsection shall take effect 2
years after the date of the enactment of this Act.
(d) Amendment to Family Educational Rights and Privacy Act of
1974.--Section 444(b) of the General Education Provisions Act (20 U.S.C.
1232g(b)), also known as the Family Educational Rights and Privacy Act
of 1974, is amended by adding at the end the following:
``(7)(A) Nothing in this section may be construed to
prohibit an educational institution from disclosing information
provided to the institution under section 170101 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071)
concerning registered sex offenders who are required to register
under such section.
``(B) The Secretary shall take appropriate steps to notify
educational institutions that disclosure of information
described in subparagraph (A) is permitted.''.
SEC. 1602. <<NOTE: Teen Suicide Prevention Act of 2000. 42 USC 290bb-36
note.>> TEEN SUICIDE PREVENTION STUDY.
(a) Short Title.--This section may be cited as the ``Teen Suicide
Prevention Act of 2000''.
(b) Findings.--Congress finds that--
(1) measures that increase public awareness of suicide as a
preventable public health problem, and target parents and youth
so that suicide risks and warning signs can be recognized, will
help to eliminate the ignorance and stigma of suicide as
barriers to youth and families seeking preventive care;
(2) suicide prevention efforts in the year 2000 should--
(A) target at-risk youth, particularly youth with
mental health problems, substance abuse problems, or
contact with the juvenile justice system;
(B) involve--
(i) the identification of the characteristics
of the at-risk youth and other youth who are
contemplating suicide, and barriers to treatment
of the youth; and
(ii) the development of model treatment
programs for the youth;
(C) include a pilot study of the outcomes of
treatment for juvenile delinquents with mental health or
substance abuse problems;
(D) include a public education approach to combat
the negative effects of the stigma of, and
discrimination against individuals with, mental health
and substance abuse problems; and
[[Page 114 STAT. 1539]]
(E) include a nationwide effort to develop,
implement, and evaluate a mental health awareness
program for schools, communities, and families;
(3) although numerous symptoms, diagnoses, traits,
characteristics, and psychosocial stressors of suicide have been
investigated, no single factor or set of factors has ever come
close to predicting suicide with accuracy;
(4) research of United States youth, such as a 1994 study by
Lewinsohn, Rohde, and Seeley, has shown predictors of suicide,
such as a history of suicide attempts, current suicidal ideation
and depression, a recent attempt or completed suicide by a
friend, and low self-esteem; and
(5) epidemiological data illustrate--
(A) the trend of suicide at younger ages as well as
increases in suicidal ideation among youth in the United
States; and
(B) distinct differences in approaches to suicide by
gender, with--
(i) 3 to 5 times as many females as males
attempting suicide; and
(ii) 3 to 5 times as many males as females
completing suicide.
(c) Purpose.--The purpose of this section is to provide for a study
of predictors of suicide among at-risk and other youth, and barriers
that prevent the youth from receiving treatment, to facilitate the
development of model treatment programs and public education and
awareness efforts.
(d) Study.--Not later than 1 year after the date of the enactment of
this Act, the Secretary of Health and Human Services shall carry out,
directly or by grant or contract, a study that is designed to identify--
(1) the characteristics of at-risk and other youth age 13
through 21 who are contemplating suicide;
(2) the characteristics of at-risk and other youth who are
younger than age 13 and are contemplating suicide; and
(3) the barriers that prevent youth described in paragraphs
(1) and (2) from receiving treatment.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH.
The calendar decade beginning January 1, 2001, is designated as the
``Decade of Pain Control and Research''.
DIVISION C--MISCELLANEOUS PROVISIONS
SEC. 2001. <<NOTE: Aimee's Law. 42 USC 13713.>> AIMEE'S LAW.
(a) Short Title.--This section may be cited as ``Aimee's Law''.
(b) Definitions.--In this section:
(1) Dangerous sexual offense.--The term ``dangerous sexual
offense'' means any offense under State law for conduct that
would constitute an offense under chapter 109A of title 18,
United States Code, had the conduct occurred in the special
[[Page 114 STAT. 1540]]
maritime and territorial jurisdiction of the United States or in
a Federal prison.
(2) Murder.--The term ``murder'' has the meaning given the
term in part I of the Uniform Crime Reports of the Federal
Bureau of Investigation.
(3) Rape.--The term ``rape'' has the meaning given the term
in part I of the Uniform Crime Reports of the Federal Bureau of
Investigation.
(c) Penalty.--
(1) Single state.--In any case in which a State convicts an
individual of murder, rape, or a dangerous sexual offense, who
has a prior conviction for any one of those offenses in a State
described in paragraph (3), the Attorney General shall transfer
an amount equal to the costs of incarceration, prosecution, and
apprehension of that individual, from Federal law enforcement
assistance funds that have been allocated to but not distributed
to the State that convicted the individual of the prior offense,
to the State account that collects Federal law enforcement
assistance funds of the State that convicted that individual of
the subsequent offense.
(2) Multiple states.--In any case in which a State convicts
an individual of murder, rape, or a dangerous sexual offense,
who has a prior conviction for any one or more of those offenses
in more than one other State described in paragraph (3), the
Attorney General shall transfer an amount equal to the costs of
incarceration, prosecution, and apprehension of that individual,
from Federal law enforcement assistance funds that have been
allocated to but not distributed to each State that convicted
such individual of the prior offense, to the State account that
collects Federal law enforcement assistance funds of the State
that convicted that individual of the subsequent offense.
(3) State described.--A State is described in this paragraph
if--
(A) the average term of imprisonment imposed by the
State on individuals convicted of the offense for which
the individual described in paragraph (1) or (2), as
applicable, was convicted by the State is less than the
average term of imprisonment imposed for that offense in
all States; or
(B) with respect to the individual described in
paragraph (1) or (2), as applicable, the individual had
served less than 85 percent of the term of imprisonment
to which that individual was sentenced for the prior
offense.
For purposes of subparagraph (B), in a State that has
indeterminate sentencing, the term of imprisonment to which that
individual was sentenced for the prior offense shall be based on
the lower of the range of sentences.
(d) State Applications.--In order to receive an amount transferred
under subsection (c), the chief executive of a State shall submit to the
Attorney General an application, in such form and containing such
information as the Attorney General may reasonably require, which shall
include a certification that the State has convicted an individual of
murder, rape, or a dangerous sexual offense, who has a prior conviction
for one of those offenses in another State.
(e) Source of Funds.--
[[Page 114 STAT. 1541]]
(1) In general.--Any amount transferred under subsection (c)
shall be derived by reducing the amount of Federal law
enforcement assistance funds received by the State that
convicted such individual of the prior offense before the
distribution of the funds to the State. The Attorney General
shall provide the State with an opportunity to select the
specific Federal law enforcement assistance funds to be so
reduced (other than Federal crime victim assistance funds).
(2) Payment schedule.--The Attorney General, in consultation
with the chief executive of the State that convicted such
individual of the prior offense, shall establish a payment
schedule.
(f ) Construction.--Nothing in this section may be construed to
diminish or otherwise affect any court ordered restitution.
(g) Exception.--This section does not apply if the individual
convicted of murder, rape, or a dangerous sexual offense has been
released from prison upon the reversal of a conviction for an offense
described in subsection (c) and subsequently been convicted for an
offense described in subsection (c).
(h) Report.--The Attorney General shall--
(1) conduct a study evaluating the implementation of this
section; and
(2) not later than October 1, 2006, submit to Congress a
report on the results of that study.
(i) Collection of Recidivism Data.--
(1) In general.--Beginning with calendar year 2002, and each
calendar year thereafter, the Attorney General shall collect and
maintain information relating to, with respect to each State--
(A) the number of convictions during that calendar
year for--
(i) any dangerous sexual offense;
(ii) rape; and
(iii) murder; and
(B) the number of convictions described in
subparagraph (A) that constitute second or subsequent
convictions of the defendant of an offense described in
that subparagraph.
(2) Report.--Not <<NOTE: Deadline.>> later than March 1,
2003, and on March 1 of each year thereafter, the Attorney
General shall submit to Congress a report, which shall include--
(A) the information collected under paragraph (1)
with respect to each State during the preceding calendar
year; and
(B) the percentage of cases in each State in which
an individual convicted of an offense described in
paragraph (1)(A) was previously convicted of another
such offense in another State during the preceding
calendar year.
( j) Effective Date.--This section shall take effect on January 1,
2002.
SEC. 2002. PAYMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.
(a) Payments.--
(1) In general.--Subject to subsections (b) and (c), the
Secretary of the Treasury shall pay each person described in
paragraph (2), at the person's election--
[[Page 114 STAT. 1542]]
(A) 110 percent of compensatory damages awarded by
judgment of a court on a claim or claims brought by the
person under section 1605(a)(7) of title 28, United
States Code, plus amounts necessary to pay post-judgment
interest under section 1961 of such title, and, in the
case of a claim or claims against Cuba, amounts awarded
as sanctions by judicial order on April 18, 2000 (as
corrected on June 2, 2000), subject to final appellate
review of that order; or
(B) 100 percent of the compensatory damages awarded
by judgment of a court on a claim or claims brought by
the person under section 1605(a)(7) of title 28, United
States Code, plus amounts necessary to pay post-judgment
interest, as provided in section 1961 of such title,
and, in the case of a claim or claims against Cuba,
amounts awarded as sanctions by judicial order on April
18, 2000 (as corrected June 2, 2000), subject to final
appellate review of that order.
Payments under this subsection shall be made promptly upon
request.
(2) Persons covered.--A person described in this paragraph
is a person who--
(A)(i) as of July 20, 2000, held a final judgment
for a claim or claims brought under section 1605(a)(7)
of title 28, United States Code, against Iran or Cuba,
or the right to payment of an amount awarded as a
judicial sanction with respect to such claim or claims;
or
(ii) filed a suit under such section 1605(a)(7) on
February 17, 1999, December 13, 1999, January 28, 2000,
March 15, 2000, or July 27, 2000;
(B) relinquishes all claims and rights to
compensatory damages and amounts awarded as judicial
sanctions under such judgments;
(C) in the case of payment under paragraph (1)(A),
relinquishes all rights and claims to punitive damages
awarded in connection with such claim or claims; and
(D) in the case of payment under paragraph (1)(B),
relinquishes all rights to execute against or attach
property that is at issue in claims against the United
States before an international tribunal, that is the
subject of awards rendered by such tribunal, or that is
subject to section 1610(f )(1)(A) of title 28, United
States Code.
(b) Funding of Amounts.--
(1) Judgments against cuba.--For purposes of funding the
payments under subsection (a) in the case of judgments and
sanctions entered against the Government of Cuba or Cuban
entities, the President shall vest and liquidate up to and not
exceeding the amount of property of the Government of Cuba and
sanctioned entities in the United States or any commonwealth,
territory, or possession thereof that has been blocked pursuant
to section 5(b) of the Trading with the Enemy Act (50 U.S.C.
App. 5(b)), sections 202 and 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1701-1702), or any other
proclamation, order, or regulation issued thereunder. For the
purposes of paying amounts for judicial
[[Page 114 STAT. 1543]]
sanctions, payment shall be made from funds or accounts subject
to sanctions as of April 18, 2000, or from blocked assets of the
Government of Cuba.
(2) Judgments against iran.--For purposes of funding
payments under subsection (a) in the case of judgments against
Iran, the Secretary of the Treasury shall make such payments
from amounts paid and liquidated from--
(A) rental proceeds accrued on the date of the
enactment of this Act from Iranian diplomatic and
consular property located in the United States; and
(B) funds not otherwise made available in an amount
not to exceed the total of the amount in the Iran
Foreign Military Sales Program account within the
Foreign Military Sales Fund on the date of the enactment
of this Act.
(c) Subrogation.--Upon payment under subsection (a) with respect to
payments in connection with a Foreign Military Sales Program account,
the United States shall be fully subrogated, to the extent of the
payments, to all rights of the person paid under that subsection against
the debtor foreign state. The President shall pursue these subrogated
rights as claims or offsets of the United States in appropriate ways,
including any negotiation process which precedes the normalization of
relations between the foreign state designated as a state sponsor of
terrorism and the United States, except that no funds shall be paid to
Iran, or released to Iran, from property blocked under the International
Emergency Economic Powers Act or from the Foreign Military Sales Fund,
until such subrogated claims have been dealt with to the satisfaction of
the United States.
(d) Sense of the Congress.--It is the sense of the Congress that the
President should not normalize relations between the United States and
Iran until the claims subrogated have been dealt with to the
satisfaction of the United States.
(e) Reaffirmation of Authority.--Congress reaffirms the President's
statutory authority to manage and, where appropriate and consistent with
the national interest, vest foreign assets located in the United States
for the purposes, among other things, of assisting and, where
appropriate, making payments to victims of terrorism.
(f ) Amendments.--(1) Section 1610(f ) of title 28, United States
Code, is amended--
(A) in paragraphs (2)(A) and (2)(B)(ii), by striking
``shall'' each place it appears and inserting ``should make
every effort to''; and
(B) by adding at the end the following new paragraph:
``(3) Waiver.--The President may waive any provision of
paragraph (1) in the interest of national security.''.
(2) Subsections (b) and (d) of section 117 of the Treasury
Department Appropriations Act, <<NOTE: 28 USC 1606, 1610 note.>> 1999
(as contained in section 101(h) of Public Law 105-277) are repealed.
SEC. 2003. AID FOR VICTIMS OF TERRORISM.
(a) Meeting the Needs of Victims of Terrorism Outside the United
States.--
(1) In general.--Section 1404B(a) of the Victims of Crime
Act of 1984 (42 U.S.C. 10603b(a)) is amended as follows:
``(a) Victims of Acts of Terrorism Outside United States.--
[[Page 114 STAT. 1544]]
``(1) In general.--The Director may make supplemental grants
as provided in 1402(d)(5) to States, victim service
organizations, and public agencies (including Federal, State, or
local governments) and nongovernmental organizations that
provide assistance to victims of crime, which shall be used to
provide emergency relief, including crisis response efforts,
assistance, training, and technical assistance, and ongoing
assistance, including during any investigation or prosecution,
to victims of terrorist acts or mass violence occurring outside
the United States who are not persons eligible for compensation
under title VIII of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986.
``(2) Victim defined.--In this subsection, the term
`victim'--
``(A) means a person who is a national of the United
States or an officer or employee of the United States
Government who is injured or killed as a result of a
terrorist act or mass violence occurring outside the
United States; and
``(B) in the case of a person described in
subparagraph (A) who is less than 18 years of age,
incompetent, incapacitated, or deceased, includes a
family member or legal guardian of that person.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to allow the Director to make grants to any
foreign power (as defined by section 101(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) or to
any domestic or foreign organization operated for the purpose of
engaging in any significant political or lobbying activities.''.
(2) Applicability.--The <<NOTE: 42 USC 10603b
note.>> amendment made by this subsection shall apply to any
terrorist act or mass violence occurring on or after December
21, 1988, with respect to which an investigation or prosecution
was ongoing after April 24, 1996.
(3) Administrative provision.--Not <<NOTE: Deadline. 42 USC
10603b note.>> later than 90 days after the date of the
enactment of this Act, the Director shall establish guidelines
under section 1407(a) of the Victims of Crime Act of 1984 (42
U.S.C. 10604(a)) to specify the categories of organizations and
agencies to which the Director may make grants under this
subsection.
(4) Technical Amendment.--Section 1404B(b) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended by striking
``1404(d)(4)(B)'' and inserting ``1402(d)(5)''.
(b) Amendments to Emergency Reserve Fund.--
(1) Cap increase.--Section 1402(d)(5)(A) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended by
striking ``$50,000,000'' and inserting ``$100,000,000''.
(2) Transfer.--Section 1402(e) of the Victims of Crime Act
of 1984 (42 U.S.C 10601(e)) is amended by striking ``in excess
of $500,000'' and all that follows through ``than $500,000'' and
inserting ``shall be available for deposit into the emergency
reserve fund referred to in subsection (d)(5) at the discretion
of the Director. Any remaining unobligated sums''.
(c) Compensation to Victims of International Terrorism.--
(1) In general.--The Victims of Crime Act of 1984 (42 U.S.C.
10601 et seq.) is amended by inserting after section 1404B the
following:
[[Page 114 STAT. 1545]]
``SEC. 1404C. <<NOTE: 42 USC 10603c.>> COMPENSATION TO VICTIMS OF
INTERNATIONAL TERRORISM.
``(a) Definitions.--In this section:
``(1) International terrorism.--The term `international
terrorism' has the meaning given the term in section 2331 of
title 18, United States Code.
``(2) National of the united states.--The term `national of
the United States' has the meaning given the term in section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
``(3) Victim.--
``(A) In general.--The term `victim' means a person
who--
``(i) suffered direct physical or emotional
injury or death as a result of international
terrorism occurring on or after December 21, 1988
with respect to which an investigation or
prosecution was ongoing after April 24, 1996; and
``(ii) as of the date on which the
international terrorism occurred, was a national
of the United States or an officer or employee of
the United States Government.
``(B) Incompetent, incapacitated, or deceased
victims.--In the case of a victim who is less than 18
years of age, incompetent, incapacitated, or deceased, a
family member or legal guardian of the victim may
receive the compensation under this section on behalf of
the victim.
``(C) Exception.--Notwithstanding any other
provision of this section, in no event shall an
individual who is criminally culpable for the terrorist
act or mass violence receive any compensation under this
section, either directly or on behalf of a victim.
``(b) Award of Compensation.--The Director may use the emergency
reserve referred to in section 1402(d)(5)(A) to carry out a program to
compensate victims of acts of international terrorism that occur outside
the United States for expenses associated with that victimization.
``(c) Annual Report.--The Director shall annually submit to Congress
a report on the status and activities of the program under this section,
which report shall include--
``(1) an explanation of the procedures for filing and
processing of applications for compensation;
``(2) a description of the procedures and policies
instituted to promote public awareness about the program;
``(3) a complete statistical analysis of the victims
assisted under the program, including--
``(A) the number of applications for compensation
submitted;
``(B) the number of applications approved and the
amount of each award;
``(C) the number of applications denied and the
reasons for the denial;
``(D) the average length of time to process an
application for compensation; and
``(E) the number of applications for compensation
pending and the estimated future liability of the
program; and
[[Page 114 STAT. 1546]]
``(4) an analysis of future program needs and suggested
program improvements.''.
(2) Conforming amendment.--Section 1402(d)(5)(B) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is
amended by inserting ``, to provide compensation to victims of
international terrorism under the program under section 1404C,''
after ``section 1404B''.
(d) Amendments to Victims of Crime Fund.--Section 1402(c) of the
Victims of Crime Act 1984 (42 U.S.C. 10601(c)) is amended by adding at
the end the following: ``Notwithstanding section 1402(d)(5), all sums
deposited in the Fund in any fiscal year that are not made available for
obligation by Congress in the subsequent fiscal year shall remain in the
Fund for obligation in future fiscal years, without fiscal year
limitation.''.
SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT.
(a) Shipment of Intoxicating Liquor in Violation of State Law.--The
Act entitled ``An Act divesting intoxicating liquors of their interstate
character in certain cases'', approved March 1, 1913 (commonly known as
the ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended by adding at the end
the following:
``SEC. 2. <<NOTE: 27 USC 122a.>> INJUNCTIVE RELIEF IN FEDERAL DISTRICT
COURT.
``(a) Definitions.--In this section--
``(1) the term `attorney general' means the attorney general
or other chief law enforcement officer of a State or the
designee thereof;
``(2) the term `intoxicating liquor' means any spirituous,
vinous, malted, fermented, or other intoxicating liquor of any
kind;
``(3) the term `person' means any individual and any
partnership, corporation, company, firm, society, association,
joint stock company, trust, or other entity capable of holding a
legal or beneficial interest in property, but does not include a
State or agency thereof; and
``(4) the term `State' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or
any territory or possession of the United States.
``(b) Action by State Attorney General.--If the attorney general has
reasonable cause to believe that a person is engaged in, or has engaged
in, any act that would constitute a violation of a State law regulating
the importation or transportation of any intoxicating liquor, the
attorney general may bring a civil action in accordance with this
section for injunctive relief (including a preliminary or permanent
injunction) against the person, as the attorney general determines to be
necessary to--
``(1) restrain the person from engaging, or continuing to
engage, in the violation; and
``(2) enforce compliance with the State law.
``(c) Federal Jurisdiction.--
``(1) In general.--The district courts of the United States
shall have jurisdiction over any action brought under this
section by an attorney general against any person, except one
licensed or otherwise authorized to produce, sell, or store
intoxicating liquor in such State.
``(2) Venue.--An action under this section may be brought
only in accordance with section 1391 of title 28, United States
[[Page 114 STAT. 1547]]
Code, or in the district in which the recipient of the
intoxicating liquor resides or is found.
``(3) Form of relief.--An action under this section is
limited to actions seeking injunctive relief (a preliminary and/
or permanent injunction).
``(4) No right to jury trial.--An action under this section
shall be tried before the court.
``(d) Requirements for Injunctions and Orders.--
``(1) In general.--In any action brought under this section,
upon a proper showing by the attorney general of the State, the
court may issue a preliminary or permanent injunction to
restrain a violation of this section. A proper showing under
this paragraph shall require that a State prove by a
preponderance of the evidence that a violation of State law as
described in subsection (b) has taken place or is taking place.
``(2) Additional showing for preliminary injunction.--No
preliminary injunction may be granted except upon--
``(A) evidence demonstrating the probability of
irreparable injury if injunctive relief is not granted;
and
``(B) evidence supporting the probability of success
on the merits.
``(3) Notice.--No preliminary or permanent injunction may be
issued under paragraph (1) without notice to the adverse party
and an opportunity for a hearing.
``(4) Form and scope of order.--Any preliminary or permanent
injunction entered in an action brought under this section
shall--
``(A) set forth the reasons for the issuance of the
order;
``(B) be specific in terms;
``(C) describe in reasonable detail, and not by
reference to the complaint or other document, the act or
acts sought to be restrained; and
``(D) be binding upon--
``(i) the parties to the action and the
officers, agents, employees, and attorneys of
those parties; and
``(ii) persons in active concert or
participation with the parties to the action who
receive actual notice of the order by personal
service or otherwise.
``(5) Admissibility of evidence.--In a hearing on an
application for a permanent injunction, any evidence previously
received on an application for a preliminary injunction in
connection with the same civil action and that would otherwise
be admissible, may be made a part of the record of the hearing
on the permanent injunction.
``(e) Rules of Construction.--This section shall be construed only
to extend the jurisdiction of Federal courts in connection with State
law that is a valid exercise of power vested in the States--
``(1) under the twenty-first article of amendment to the
Constitution of the United States as such article of amendment
is interpreted by the Supreme Court of the United States
including interpretations in conjunction with other provisions
of the Constitution of the United States; and
``(2) under the first section herein as such section is
interpreted by the Supreme Court of the United States; but shall
not be construed to grant to States any additional power.
``(f ) Additional Remedies.--
[[Page 114 STAT. 1548]]
``(1) In general.--A remedy under this section is in
addition to any other remedies provided by law.
``(2) State court proceedings.--Nothing in this section may
be construed to prohibit an authorized State official from
proceeding in State court on the basis of an alleged violation
of any State law.
``SEC. 3. <<NOTE: 27 USC 122b.>> GENERAL PROVISIONS.
``(a) Effect on Internet Tax Freedom Act.--Nothing in this section
may be construed to modify or supersede the operation of the Internet
Tax Freedom Act (47 U.S.C. 151 note).
``(b) Inapplicability to Service Providers.--Nothing in this section
may be construed to--
``(1) authorize any injunction against an interactive
computer service (as defined in section 230(f ) of the
Communications Act of 1934 (47 U.S.C. 230(f )) used by another
person to engage in any activity that is subject to this Act;
``(2) authorize any injunction against an electronic
communication service (as defined in section 2510(15) of title
18, United States Code) used by another person to engage in any
activity that is subject to this Act; or
``(3) authorize an injunction prohibiting the advertising or
marketing of any intoxicating liquor by any person in any case
in which such advertising or marketing is lawful in the
jurisdiction from which the importation, transportation or other
conduct to which this Act applies originates.''.
(b) Effective Date.--This <<NOTE: 27 USC 122a note.>> section and
the amendments made by this section shall become effective 90 days after
the date of the enactment of this Act.
(c) Study.--The <<NOTE: Deadline. 27 USC 122a note.>> Attorney
General shall carry out the study to determine the impact of this
section and shall submit the results of such study not later than 180
days after the enactment of this Act.
Approved October 28, 2000.
LEGISLATIVE HISTORY--H.R. 3244:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 106-487, Pt. 1 (Comm. on International Relations)
and Pt. 2 (Comm. on the Judiciary) and 106-939 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 146 (2000):
May 9, considered and passed House.
July 27, considered and passed Senate, amended.
Oct. 6, House agreed to conference report.
Oct. 11, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 28, Presidential statement.
<all>