2000
[DOCID: f:h3244enr.txt]
H.R.3244
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 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.
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.
DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000
SEC. 101. SHORT TITLE.
This division may be cited as the ``Trafficking Victims Protection
Act of 2000''.
SEC. 102. 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. Tra
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ffickers 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 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.
(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.
(24) Trafficking in pe
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rsons 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. 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--
(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, 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. 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,
facil
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itating, 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 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 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. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
(a) Establishment.--The 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,
pro
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secute 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.
(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. 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. 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, 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 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 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
2000
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.
(c) Trafficking Victim Regulations.--Not 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,
``(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
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provision were caused by, or were
incident to, the victimization described in section
101(a)(15)(T)(i)(I).''.
(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 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. 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 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
2000
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. 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;
``(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. 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 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;
(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 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 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 Pr
2000
esident 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 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
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 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. 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:
(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 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 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
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, eit
2000
her 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. 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;
``(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--
``(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,
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 shal
2000
l 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.
(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. 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.
(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 B--VIOLENCE AGAINST WOMEN ACT OF 2000
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Violence Against Women Act of
2000''.
SEC. 1002. 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. 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 a
2000
s 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.
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 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 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--
(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:
``(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
2000
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 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 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
(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 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.--
``(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 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, 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
(4) 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 t
2000
itle 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 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).''.
(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 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 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
ext
2000
ent 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 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
(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. 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.
``SEC. 2702. 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
2000
made.
``(b) Guidelines.--Not 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. 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. 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. 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
(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''.
TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE
SEC. 1201. 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 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
throu
2000
gh 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
``(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. 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.
``(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 Dist
2000
rict of Columbia), $1,000,000 for each of fiscal years
2001 through 2005.''.
SEC. 1206. 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 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. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST WOMEN.
The Attorney General shall--
(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. 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. 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).
``SEC. 40802. 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. 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 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. 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;
(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 later than 1 year after the last day of
2000
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;
(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 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.
SEC. 1303. 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. 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;
``(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,
2000
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), and the amendment made by such section, is
repealed.
SEC. 1402. 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)).
(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. 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) 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.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 1405. 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 domest
2000
ic 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 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.--
(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. 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.''.
TITLE V--BATTERED IMMIGRANT WOMEN
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Battered Immigrant Women
Protection Act of 2000''.
SEC. 1502. 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 relationship
2000
s 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:
``(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:
``(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.''.
(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 subparagr
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aph 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.
``(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 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
con
2000
nection 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 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 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 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
amended by inserting ``(except in a case described in
2000
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 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
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 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 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--
(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 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 subsecti
2000
on (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 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 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 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.''.
(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 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 t
2000
he 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 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 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)--
``(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 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. 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).''.
(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 v
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iolence 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 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 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 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
nongovern
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mental 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.
``(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 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.
``(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. NOTICE REQUIREMENTS FOR SEXUALLY VIOLENT OFFENDERS.
(a) Short Title.--This 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 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.--
(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 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.
`
2000
`(B) The Secretary shall take appropriate steps to notify
educational institutions that disclosure of information described
in subparagraph (A) is permitted.''.
SEC. 1602. 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
(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. 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 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.--
(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 re
2000
duced (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 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--
(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
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)
2000
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, 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.--
``(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 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 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:
``SEC. 1404C. 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
``(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
1da2
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. 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 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.--
``(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. 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 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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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