[House Report 106-939]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-939
======================================================================
VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000
_______
October 5, 2000.--Ordered to be printed
_______
Mr. Smith of New Jersey, from the committee of conference, submitted
the following
CONFERENCE REPORT
[To accompany H.R. 3244]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
3244), an Act to combat trafficking of persons, especially into
the sex trade, slavery, and slavery-like conditions, in the
United States and countries around the world through
prevention, through prosecution and enforcement against
traffickers, and through protection and assistance to victims
of trafficking, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
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 century amendment.
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. Traffickers lure women and
girls into their networks through false promises of
decent working conditions at relatively good pay as
nannies, maids, dancers, factory workers, restaurant
workers, sales clerks, or models. Traffickers also buy
children from poor families and sell them into
prostitution or into various types of forced or bonded
labor.
(5) Traffickers often transport victims from their
home communities to unfamiliar destinations, including
foreign countries away from family and friends,
religious institutions, and other sources of protection
and support, leaving the victims defenseless and
vulnerable.
(6) Victims are often forced through physical
violence to engage in sex acts or perform slavery-like
labor. Such force includes rape and other forms of
sexual abuse, torture, starvation, imprisonment,
threats, psychological abuse, and coercion.
(7) Traffickers often make representations to their
victims that physical harm may occur to them or others
should the victim escape or attempt to escape. Such
representations can 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 persons is a transnational
crime with national implications. To deter
international trafficking and bring its perpetrators to
justice, nations including the United States must
recognize that trafficking is a serious offense. This
is done by prescribing appropriate punishment, giving
priority to the prosecution of trafficking offenses,
and protecting rather than punishing the victims of
such offenses. The United States must work bilaterally
and multilaterally to abolish the trafficking industry
by taking steps to promote cooperation among countries
linked together by international trafficking routes.
The United States must also urge the international
community to take strong action in multilateral fora to
engage recalcitrant countries in serious and sustained
efforts to eliminate trafficking and protect
trafficking victims.
SEC. 103. 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, 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.''.
(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, prosecute
traffickers and assist trafficking victims, and shall
include initiatives to enhance cooperative efforts
between destination countries and countries of origin
and assist in the appropriate reintegration of
stateless victims of trafficking.
(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 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 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
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 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
President has determined that such country is already
subject to multiple, broad-based restrictions on
assistance imposed in significant part in response to
human rights abuses and such restrictions are ongoing
and are comparable to the restrictions 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, either in person or through a representative,
for the purpose of seeking changes to or termination of
any determination, order, designation or other action
associated with the exercise of the authority in
subsection (a).
(f) Definition of Foreign Persons.--In this section, the
term ``foreign person'' means any citizen or national of a
foreign state or any entity not organized under the laws of the
United States, including a foreign government official, but
does not include a foreign state.
(g) Construction.--Nothing in this section shall be
construed as precluding judicial review of the exercise of the
authority described in subsection (a).
SEC. 112. 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 2 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 sections 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 shall be punishable in the same manner as a
completed violation of that section.
``(b) The court, in imposing sentence on any person
convicted of a violation of this chapter, shall order, in
addition to any other sentence imposed and irrespective of any
provision of State law, that such person shall forfeit to the
United States--
``(1) such person's interest in any property, real
or personal, that was used or intended to be used to
commit or to facilitate the commission of such
violation; and
``(2) any property, real or personal, constituting
or derived from, any proceeds that such person
obtained, directly or indirectly, as a result of such
violation.
``(c)(1) The following shall be subject to forfeiture to
the United States and no property right shall exist in them:
``(A) Any property, real or personal, used or
intended to be used to commit or to facilitate the
commission of any violation of this chapter.
``(B) Any property, real or personal, which
constitutes or is derived from proceeds traceable to
any violation of this chapter.
``(2) The provisions of chapter 46 of this title relating
to civil forfeitures shall extend to any seizure or civil
forfeiture under this subsection.
``(d) Witness Protection.--Any violation of this chapter
shall be considered an organized criminal activity or other
serious offense for the purposes of application of chapter 224
(relating to witness protection).''; and
(3) by amending the table of sections at the
beginning of chapter 77 by adding at the end the
following new items:
``1589. Forced labor.
``1590. Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor.
``1591. Sex trafficking of children or by force, fraud, or coercion.
``1592. Unlawful conduct with respect to documents in furtherance of
trafficking, peonage, slavery, involuntary servitude, or
forced labor.
``1593. Mandatory restitution.
``1594. General provisions.''.
(b) Amendment to the Sentencing Guidelines.--
(1) Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission
shall review and, if appropriate, amend the sentencing
guidelines and policy statements applicable to persons
convicted of offenses involving the trafficking of
persons including component or related crimes of
peonage, involuntary servitude, slave trade offenses,
and possession, transfer or sale of false immigration
documents in furtherance of trafficking, and the Fair
Labor Standards Act and the Migrant and Seasonal
Agricultural Worker Protection Act.
(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 as the Attorney General or Secretary may prescribe.
(b) Report to Congress.--The Attorney General or Secretary
of Health and Human Services, as applicable, shall report
biennially to the Committees on the Judiciary of the House of
Representatives and the Senate on the grant programs described
in subsection (a), including the information contained in any
report under that subsection.
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 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 of 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 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 title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by
striking paragraph (19) and inserting the following:
``(19) There is authorized to be appropriated to carry out
part U $65,000,000 for each of fiscal years 2001 through
2005.''.
SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT GRANTS.
Section 40295(c) of the Violence Against Women Act of 1994
(42 U.S.C. 13971(c)) is amended--
(1) by striking paragraph (1) and inserting the
following:
``(1) In general.--There is authorized to be
appropriated to carry out this section $40,000,000 for
each of fiscal years 2001 through 2005.''; and
(2) by adding at the end the following:
``(3) Allotment for indian tribes.--Not less than 5
percent of the total amount made available to carry out
this section for each fiscal year shall be available
for grants to Indian tribal governments.''.
SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
(a) Reauthorization.--Section 40603 of the Violence Against
Women Act of 1994 (42 U.S.C. 14032) is amended to read as
follows:
``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subtitle $3,000,000 for each of fiscal years 2001 through
2005.''.
(b) Technical Amendment.--Section 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 extent that such an
order is entitled to full faith and credit under other
Federal law) whether obtained by filing an independent
action or as a pendente lite order in another
proceeding so long as any civil order was issued in
response to a complaint, petition, or motion filed by
or on behalf of a person seeking protection.
``(6) Serious bodily injury.--The term `serious
bodily injury' has the meaning stated in section
2119(2).
``(7) Spouse or intimate partner.--The term `spouse
or intimate partner' includes--
``(A) for purposes of--
``(i) sections other than 2261A, a
spouse or former spouse of the abuser,
a person who shares a child in common
with the abuser, and a person who
cohabits or has cohabited as a spouse
with the abuser; and
``(ii) section 2261A, a spouse or
former spouse of the target of the
stalking, a person who shares a child
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
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 through a program funded under subsection
(c) has informed and will continue to inform State,
local, or tribal domestic violence or sexual assault
programs and coalitions, as well as appropriate State
and local law enforcement officials of their work; and
(4) the grantee's organizational policies do not
require mediation or counseling involving offenders and
victims physically together, in cases where sexual
assault, domestic violence, or child sexual abuse is an
issue.
(e) Evaluation.--The Attorney General may evaluate the
grants funded under this section through contracts or other
arrangements with entities expert on domestic violence,
stalking, and sexual assault, and on evaluation research.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section $40,000,000 for
each of fiscal years 2001 through 2005.
(2) Allocation of funds.--
(A) Tribal programs.--Of the amount made
available under this subsection in each fiscal
year, not less than 5 percent shall be used for
grants for programs that assist victims of
domestic violence, stalking, and sexual assault
on lands within the jurisdiction of an Indian
tribe.
(B) Victims of sexual assault.--Of the
amount made available under this subsection in
each fiscal year, not less than 25 percent
shall be used for direct services, training,
and technical assistance to support projects
focused solely or primarily on providing legal
assistance to victims of sexual assault.
(3) Nonsupplantation.--Amounts made available under
this section shall be used to supplement and not
supplant other Federal, State, and local funds expended
to further the purpose of this section.
SEC. 1202. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.
(a) Reauthorization.--Section 310(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10409(a)) is amended to
read as follows:
``(a) In General.--There are authorized to be appropriated
to carry out this title $175,000,000 for each of fiscal years
2001 through 2005.''.
(b) State Minimum; Reallotment.--Section 304 of the Family
Violence Prevention and Services Act (42 U.S.C. 10403) is
amended--
(1) in subsection (a), by striking ``for grants to
States for any fiscal year'' and all that follows and
inserting the following: ``and available for grants to
States under this subsection for any fiscal year--
``(1) Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands shall each be allotted not less than
\1/8\ of 1 percent of the amounts available for grants
under section 303(a) for the fiscal year for which the
allotment is made; and
``(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
assistanceand 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 District 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
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
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
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 the first fiscal year commencing on or
after the date of 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) ofthe 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,
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
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;
(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 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
toprotect the safety of the child and of a parent who is not a
predominant aggressor of domestic violence, the legitimate reasons
parents may report domestic violence, the ways domestic violence may
relate to an abuser's desire to seek custody, and evaluating expert
testimony in custody and visitation determinations involving domestic
violence;
``(21) the issues raised by child sexual assault in
determining custody and visitation, including how to
protect the 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 relationships that are
covered in State and tribal protection orders, domestic
violence, and family law statutes.
SEC. 1503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE
AGAINST WOMEN ACT OF 1994 FOR BATTERED IMMIGRANT
WOMEN.
(a) Intended Spouse Defined.--Section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended
by adding at the end the following:
``(50) The term `intended spouse' means any alien who meets
the criteria set forth in section
204(a)(1)(A)(iii)(II)(aa)(BB), 204(a)(1)(B)(ii)(II)(aa)(BB), or
240A(b)(2)(A)(i)(III).''.
(b) Immediate Relative Status for Self-Petitioners Married
to U.S. Citizens.--
(1) Self-petitioning spouses.--
(A) Battery or cruelty to alien or alien's
child.--Section 204(a)(1)(A)(iii) of the
Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)(iii)) is amended to read as
follows:
``(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 subparagraph for classification of the alien
(and any child of the alien) under such section if the alien
demonstrates to the Attorney General that the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's permanent resident parent.''.
(3) Filing of petitions.--Section 204(a)(1)(B) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(B)) is amended by adding at the end the
following:
``(iv) An alien who--
``(I) is the spouse, intended spouse, or child
living abroad of a lawful permanent resident who--
``(aa) is an employee of the United States
Government;
``(bb) is a member of the uniformed
services (as defined in section 101(a) of title
10, United States Code); or
``(cc) has subjected the alien or the
alien's child to battery or extreme cruelty in
the United States; and
``(II) is eligible to file a petition under clause
(ii) or (iii);
shall file such petition with the Attorney General under the
procedures that apply to self-petitioners under clause (ii) or
(iii), as applicable.''.
(d) Good Moral Character Determinations for Self-
Petitioners and Treatment of Child Self-Petitioners and
Petitions Including Derivative Children Attaining 21 Years of
Age.--Section 204(a)(1) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)(1)) is amended--
(1) by redesignating subparagraphs (C) through (H)
as subparagraphs (E) through (J), respectively;
(2) by inserting after subparagraph (B) the
following:
``(C) Notwithstanding section 101(f), an act or conviction
that is waivable with respect to the petitioner for purposes of
a determination of the petitioner's admissibility under section
212(a) or deportability under section 237(a) shall not bar the
Attorney General from finding the petitioner to be of good
moral character under subparagraph (A)(iii), (A)(iv), (B)(ii),
or (B)(iii) if the Attorney General finds that the act or
conviction was connected to the alien's having been battered or
subjected to extreme cruelty.
``(D)(i)(I) Any child who attains 21 years of age who has
filed a petition under clause (iv) of section 204(a)(1)(A) that
was filed or approved before the date on which the child
attained 21 years of age shall be considered (if the child has
not been admitted or approved for lawful permanent residence by
the date the child attained 21 years of age) a petitioner for
preference status under paragraph (1), (2), or (3) of section
203(a), whichever paragraph is applicable, with the same
priority date assigned to the self-petition filed under clause
(iv) of section 204(a)(1)(A). No new petition shall be required
to be filed.
``(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 connection between the absence
and the battering or extreme cruelty
perpetrated against the alien. No absence or
portion of an absence connected to the
battering or extreme cruelty shall count toward
the 90-day or 180-day limits established in
subsection (d)(2). If any absence or aggregate
absences exceed 180 days, the absences or
portions of the absences will not be considered
to break the period of continuous presence. Any
such period of time excluded from the 180-day
limit shall be excluded in computing the time
during which the alien has been physically
present for purposes of the 3-year requirement
set forth in section 240A(b)(2)(B) and section
244(a)(3) (as in effect before the title III-A
effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996).
``(C) Good moral character.--
Notwithstanding section 101(f), an act or
conviction that does not bar the Attorney
General from granting relief under this
paragraph by reason of subparagraph (A)(iv)
shall not bar the Attorney General from finding
the alien to be of good moral character under
subparagraph (A)(i)(III) or section 244(a)(3)
(as in effect before the title III-A effective
date in section 309 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 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
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 subsection (b)(5)(C) for
filing a motion to reopen does not
apply--
``(I) if the basis for the
motion is to apply for relief
under clause (iii) or (iv) of
section 204(a)(1)(A), clause
(ii) or (iii) of section
204(a)(1)(B), or section
240A(b)(2);
``(II) if the motion is
accompanied by a cancellation
of removal application to be
filed with the Attorney General
or by a copy of the self-
petition that has been or will
be filed with the Immigration
and Naturalization Service upon
the granting of the motion to
reopen; and
``(III) if the motion to
reopen is filed within 1 year
of the entry of the final order
of removal, except that the
Attorney General may, in the
Attorney General's discretion,
waive this time limitation in
the case of an alien who
demonstrates extraordinary
circumstances or extreme
hardship to the alien's
child.''.
(B) Effective date.--The 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 the first section of
Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note) is
amended by striking the period at the end and inserting the
following: ``, except that such spouse or child who has been
battered or subjected to extreme cruelty may adjust to
permanent resident status under this Act without demonstrating
that he or she is residing with the Cuban spouse or parent in
the United States. In acting on 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 violence and child
abuse, including in immigration matters; and''.
(d) Campus Domestic Violence Grants.--Section 826(b)(5) of
the Higher Education Amendments of 1998 (Public Law 105-244; 20
U.S.C. 1152) is amended by inserting before the period at the
end the following: ``, including assistance to victims in
immigration matters''.
SEC. 1513. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING VICTIMS OF
CRIMES AGAINST WOMEN.
(a) Findings 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
nongovernmental organizations to advise the
aliens regarding their options while in the
United States and the resources available to
them; and
``(B) the Attorney General shall, during
the period those aliens are in lawful temporary
resident status under that subsection, provide
the aliens with employment authorization.
``(4) Credible evidence considered.--In acting on
any petition filed under this subsection, the consular
officer or the Attorney General, as appropriate, shall
consider any credible evidence relevant to the
petition.
``(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
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
enactment of this Act.
(d) Amendment to Family Educational Rights and Privacy Act
of 1974.--Section 444(b) of the General Education Provisions
Act (20 U.S.C. 1232g(b)), also known as the Family Educational
Rights and Privacy Act of 1974, is amended by adding at the end
the following:
``(7)(A) Nothing in this section may be construed
to prohibit an educational institution from disclosing
information provided to the institution under section
170101 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14071) concerning registered sex
offenders who are required to register under such
section.
``(B) The Secretary shall take appropriate steps to
notify educational institutions that disclosure of
information described in subparagraph (A) is
permitted.''.
SEC. 1602. 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
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 reduced (other
than Federal crime victim assistance funds).
(2) Payment schedule.--The Attorney General, in
consultation with the chief executive of the State that
convicted such individual of the prior offense, shall
establish a payment schedule.
(f) Construction.--Nothing in this section may be construed
to diminish or otherwise affect any court ordered restitution.
(g) Exception.--This section does not apply if the
individual convicted of murder, rape, or a dangerous sexual
offense has been released from prison upon the reversal of a
conviction for an offense described in subsection (c) and
subsequently been convicted for an offense described in
subsection (c).
(h) Report.--The Attorney General shall--
(1) conduct a study evaluating the implementation
of this section; and
(2) not later than October 1, 2006, submit to
Congress a report on the results of that study.
(i) Collection of Recidivism Data.--
(1) In general.--Beginning with calendar year 2002,
and each calendar year thereafter, the Attorney General
shall collect and maintain information relating to,
with respect to each State--
(A) the number of convictions during that
calendar year for--
(i) any dangerous sexual offense;
(ii) rape; and
(iii) murder; and
(B) the number of convictions described in
subparagraph (A) that constitute second or
subsequent convictions of the defendant of an
offense described in that subparagraph.
(2) Report.--Not 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, June 7, 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
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 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 Congress.--It is the sense of Congress that
the President should not normalize relations between the United
States and Iran until the claims subrogated have been dealt
with to the satisfaction of the United States.
(e) Reaffirmation of Authority.--Congress reaffirms the
President's statutory authority to manage and, where
appropriate and consistent with the national interest, vest
foreign assets located in the United States for the purposes,
among other things, of assisting and, where appropriate, making
payments to victims of terrorism.
(f) Amendments.--(1) Section 1610(f) of title 28, United
States Code, is amended--
(A) in paragraphs (2)(A) and (2)(B)(ii), by
striking ``shall'' each place it appears and inserting
``should make every effort to''; and
(B) by adding at the end the following new
paragraph:
``(3) Waiver.--The President may waive any
provision of paragraph (1) in the interest of national
security.''.
(2) Subsections (b) and (d) of section 117 of the Treasury
Department Appropriations Act, 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 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 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 this 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.
Amend the title so as to read: ``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.''.
And the Senate agree to the same.
Benjamin Gilman,
Bill Goodling,
Chris Smith,
Henry J. Hyde,
Nancy L. Johnson,
Sam Gejdenson,
Tom Lantos,
Ben Cardin,
Managers on the Part of the House.
From the Committee on the Judiciary:
Orrin Hatch,
Strom Thurmond,
From the Committee on Foreign Relations:
Jesse Helms,
Sam Brownback,
Joe Biden,
Paul Wellstone,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 3244) an Act to
combat trafficking of persons, especially into the sex trade,
slavery, and slavery-like conditions, in the United States and
countries around the world through prevention, through
prosecution and enforcement against traffickers, and through
protection and assistance to victims of trafficking, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
Division A of the conference agreement is the Trafficking
Victims Protection Act of 2000, an act to combat trafficking in
persons, especially into the sex trade, slavery, and
involuntary servitude, in the United States and foreign
countries. Division B is the Violence Against Women Act of
2000, an act to reauthorize federal programs that combat
violence against women, to strengthen law enforcement to reduce
violence against women, to strengthen services to victims of
violence, to limit the effects of violence on children, to
strengthen education and training to combat violence against
women, to enact new procedures for the protection of battered
immigrant women, and to extend the Violent Crime Reduction
Trust Fund. Division C consists of anti-crime measures
including provisions to encourage States to incarcerate
individuals convicted of murder, rape, or child molestation, to
facilitate recovery by victims of terrorism against the assets
of foreign entities that have been held responsible for such
terrorism; and to provide for injunctive relief in Federal
district court to enforce State laws relating to the interstate
transportation of intoxicating liquor.
Concerning Division A
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 3244), an Act to
combat trafficking of persons, especially into the sex trade,
slavery, and involuntary servitude, in the United States and
foreign countries, through prevention, through prosecution and
enforcement against traffickers, and through protection and
assistance to victims of trafficking, submit the following
joint statement to the House and the Senate in explanation of
the effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
sec. 1. short title; table of contents
Section 1 of the House bill states that this Act may be
cited as the Trafficking Victims Protection Act of 2000 and
lists its contents. Section 1 of the Senate amendment is
substantially identical to the House provision. The conference
agreement provides that this Act may be cited as the
Trafficking Victims Protection Act of 2000 and includes a table
of contents.
sec. 2. purposes and findings
Section 2 of the House bill states that the purposes of
this Act are to combat trafficking in persons, to ensure just
punishment of traffickers, and to protect their victims.
Section 2 of the House bill also includes findings to the
effect that every year millions of people, predominantly women
and children, are trafficked within or across international
borders; that many victims are trafficked into the
international sex industry, often through force, fraud, or
coercion; that trafficking in persons is not limited to sex
trafficking, but often involves forced labor and other
violations of human rights; that trafficking is a growing
transnational problem that is increasingly perpetrated by
organized criminal enterprises; that existing legislation and
law enforcement in the United States and abroad are inadequate
to deter trafficking, bring traffickers to justice, andmeet the
safe reintegration needs of trafficking victims; that in some
countries, anti-trafficking efforts are hindered by official
indifference, corruption, and sometimes even official participation in
trafficking; that trafficking in persons is a matter of pressing
international concern, and that the United States must work bilaterally
and multilaterally to abolish trafficking and protect trafficking
victims. The House findings also include references to the Declaration
of Independence, the Universal Declaration of Human Rights, and
numerous treaties and other international instruments.
Section 2 of the Senate amendment contains identical
purposes and similar findings, with a more succinct set of
references to international agreements. Section 2 of the Senate
amendment also contains findings to the effect that victims of
severe forms of trafficking in persons should not be
inappropriately incarcerated, fined, or otherwise penalized,
and that existing United States statutes on involuntary
servitude have been narrowly construed, in the absence of a
definition by Congress, to exclude certain cases in which
persons are held in a condition of servitude by nonviolent
coercion.
Section 2 of the conference agreement is substantially
identical to section 2 of the Senate amendment.
sec. 3. definitions
Section 3 of the House bill defines certain terms used in
this Act. ``Sex trafficking'' is defined as the purchase, sale,
recruitment, harboring, transportation, transfer, or receipt of
a person for the purpose of a commercial sex act. ``Severe
forms of trafficking in persons'' is defined as sex trafficking
induced by force, coercion, fraud, or deception, or involving a
person under the age of 18, as well as trafficking for the
purpose of subjecting the trafficked person to involuntary
servitude, slavery, or slavery-like practices by force,
coercion, fraud, or deception. ``Slavery-like practices'' means
inducement of a person to perform labor or other services by
force, coercion, or by any scheme, plan, or pattern to cause
the person to believe that failure to perform the work will
result in the infliction of serious harm, debt bondage
amounting to involuntary servitude, or subjection to conditions
so harsh or degrading as to provide a clear indication that the
person has been subjected to them by force, fraud, or coercion.
In the context of this bill, ``serious harm'' could include
physical restraint that severely limits freedom of movement.
``Coercion,'' as defined, includes the use of force, violence,
and physical restraint, as well as acts calculated to have the
same effect (such as the credible threat of serious harm). The
House provision also defines ``nonhumanitarian foreign
assistance'' to include certain assistance under the Foreign
Assistance Act of 1961 and the Export-Import Bank Act of 1945.
Section 3 of the Senate amendment contains definitions
similar to those in the House bill, with several exceptions.
The Senate provision defines ``debt bondage'' as a condition in
which personal services are pledged as security for a debt but
in which either the reasonable value of such services is not in
fact applied to the debt or the length and nature of such
services are unlimited or undefined. The Senate definitions do
not use the term ``deception'' in the definition of severe
forms of trafficking. The Senate provision omits the House
definition of ``slavery-like practices'' because this term is
not contained elsewhere in the Senate bill. Instead, the Senate
provision makes clear that ``involuntary servitude'' includes a
condition of servitude induced by means of any act, scheme,
plan, or pattern intended to cause a belief that serious harm
or physical restraint would otherwise occur, or by the abuse or
threatened abuse of the legal process and also includes a
definition of ``coercion.'' The Senate provision also includes
definitions of ``State'' and ``United States'' which include
the District of Columbia and United States territories and
possessions. Finally, the Senate omits the definitions of ``act
of a severe form of trafficking'' and ``nonhumanitarian foreign
assistance'' contained in the House bill.
Section 3 of the conference agreement is similar to the
Senate provision, except that it includes a definition of
``nonhumanitarian, nontrade-related foreign assistance''
similar to the definition contained in the House provision, but
excluding assistance under the Export-Import Bank Act of 1945
and under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961, relating to the Overseas Private
Investment Corporation. The conference agreement also includes
a definition of ``coercion'' corresponding to the definition
included in 18 U.S.C. sec. 1591, added by section 12 of this
Act, which provides for a criminal offense of sex trafficking.
In various sections, the conference agreement uses more
general terms such as ``trafficking'' or ``trafficking in
persons'' rather than the more limited term ``severe forms of
trafficking in persons.'' In such contexts, these terms are
intended to be used in a more general sense, giving the
President and other officials some degree of discretion to
apply the relevant provisions to a broader range of actions or
victims beyond those associated with severe forms of
trafficking in persons. Such discretion is particularly
appropriate in assistance to and protection of victims, because
trafficked women and children may have a compelling need for
such assistance and protection even though they have not been
subjected to severe forms of trafficking. In this connection,
the conference agreement includes a definition of ``victims of
trafficking'' that would encompass a broader class of victims
in certain programs. Where, however, this Act uses the term
``victims of severe forms of trafficking,'' even in provisions
related to protection and assistance, the application of such
provisions is limited to such victims.
sec. 4. annual country reports on human rights practices
Section 4 of the House bill requires the Secretary of
State to include in the annual Country Reports a list of
foreign countries that are countries of origin, transit, or
destination for a significant number of victims of severe forms
of trafficking, as well as information such as the extent to
which government officials in such countries are involved in
such trafficking, and an assessment of the steps governments
are taking to combat trafficking and to assist victims of
trafficking and protect their rights. Section 4 of the Senate
amendment is substantially identical to the House provision,
except that it does not require a list of countries and would
therefore effectively require information about severe forms of
trafficking in persons to be provided in the annual Country
Report for each foreign country.
Section 4 of the conference agreement is similar to the
Senate provision except that it amends sections 116(f) and 502B
of the Foreign Assistance Act of 1961, requiring certain
information on trafficking in persons to be provided in the
Country Reports. The section as amended will limitthe required
reporting in the Country Reports to severe forms of trafficking in
persons, but gives the Secretary of State discretion to include such
other information on trafficking as the Secretary deems appropriate. As
with other human rights violations, the extent to which trafficking in
persons is discussed in the Country Report for a particular country
should be commensurate with the extent of the problem in such country.
sec. 5. interagency task force to monitor and combat trafficking
Section 5 of the House bill provides that the President
shall establish an Inter-Agency Task Force to Monitor and
Combat Trafficking and authorizes the establishment an Office
in the State Department to provide assistance to the Task
Force. Section 5 of the Senate provision is substantially
identical to the House provision, except that it requires the
Task Force, beginning in 2002, to publish an annual list of
countries which do not meet the minimum standards set forth in
section 8, and authorizes interim reports with respect to such
countries. Section 5 of the conference agreement is
substantially identical to the House provision, although the
conference agreement does provide in section 10 for annual and
interim reports on countries whose governments do not comply
with the minimum standards. It also provides that the Task
Force will have primary responsibility for advising the
Secretary of State on preparation of the reports in section 10.
sec. 6. prevention of trafficking
Section 6 of the House bill charges the President, acting
through the Agency for International Development and other
agencies and in consultation with appropriate non-governmental
organizations, with establishing initiatives to enhance
economic opportunity for potential trafficking victims as a
means of deterring trafficking, such as microcredit lending
programs, training, and education. It also directs the
President to establish programs to increase public awareness of
the dangers of trafficking and the protections available to
victims. Section 6 of the of the Senate amendment is
substantially identical to section 6 of the House bill. Section
6 of the conference agreement is identical to the Senate
provision.
sec. 7. protection and assistance for victims of trafficking
Subsection 7(a) of the House bill charges the State
Department and the Agency for International Development (AID)
with establishing programs and initiatives in foreign countries
to assist victims of trafficking. Subsection 7(a) of the Senate
amendment is substantially identical to the House provision.
Subsection 7(a) of the conference agreement is identical to the
Senate provision, except that all authorities are vested in the
President.
Subsection 7(b) of the House bill directs the Attorney
General, the Secretaries of Labor and of Health and Human
Services, and the Board of Directors of the Legal Services
Corporation to expand assistance to victims of severe forms of
tafficking in the United States. The provision makes clear that
for the purpose of receiving benefits, a ``victim of a severe
form of trafficking'' means only a person who has been
subjected to such trafficking and who either has not obtained
the age of 15 years or is the subject of a certification that
he or she (1) is willing to assist in every reasonable way in
the investigation and prosecution of severe forms of
trafficking in persons, and (2) either has made a bona fide
application for a visa under the provisions of immigration law
added by section 7(f), or is a person whose presence in the
United States the Attorney General is ensuring in order to
effectuate prosecution of traffickers. In addition, the section
makes victims of severe forms of trafficking in the United
States eligible for benefits under the Crime Victims Fund
without regard to their immigration status, and allows the
Attorney General to make grants to local governments and
nonprofit organizations to expand services for victims of
trafficking. It also provides trafficking victims a civil right
of action against traffickers for violations of 18 U.S.C. 1589
(trafficking into slavery-like conditions) or 1589A (sex
trafficking of children or by force, fraud, or coercion).
Subsection 7(b) of the Senate amendment is similar to the
House provision except that it does not contain the
certification requirement as a condition on eligibility for
benefits. It also contains no reference to the Crime Victims
Fund and does not provide a civil right of action.
Subsection 7(b) of the conference agreement contains the
certification requirement for benefit eligibility. The
conference agreement, however, requires a certification only
for victims who have attained the age of 18 years. This
subsection of the conference agreement is similar to the Senate
provision in that it provides no civil right of action. The
conferees emphasize that nothing in this Act will preclude
trafficking victims from availing themselves of applicable
State, local or other Federal laws in seeking compensatory or
other damages and relief in any civil proceeding. The House
provision making victims eligible for benefits under the Crime
Victims Fund has been deleted as unnecessary, because current
law does not bar such victims from receiving such benefits on
account of their immigration status. The conferees expect that
the Office of Victims of Crimes will provide assistance to
these victims, even though this provision was deleted. In
addition, the conferees believe that in making grants under
this section, the Attorney General and other federal officials
should consider whether the prospective grantee denies services
to a trafficking victim solely on account of conduct incident
to that person's status as a victim.
Subsection 7(c) of the House bill requires the Attorney
General and the Secretary of State to promulgate regulations to
ensure that: (1) victims of severe forms of trafficking are
provided with appropriate shelter and care while in Federal
custody; (2) victims are not jailed or fined merely because
they were trafficked; (3) victims have access to legal
assistance and translation services; (4) victims are assured
continuous presence in the United States to assist in the
prosecution of traffickers; and (5) State and Justice
Department personnel are trained in identifying and protecting
victims of severe forms of trafficking.
Subsection 7(c) of the Senate amendment is similar to the
House provision, with to principal exceptions. First, it does
not require regulations that explicitly prohibit incarceration,
fines, or other penalties against victims on account of their
having been trafficked. Instead, it requires regulations that
prohibit the detention of victims in facilities inappropriate
to their status as crimevictims. Second, it requires
regulations under which the Attorney General ``may'' ensure the
continued presence of a person in the United States in order to
effectuate prosecution of traffickers if the person is both a victim
and a potential witness.
Subsection 7(c) of the Senate conference agreement is
substantially identical to the Senate provision. The conferees
believe that the House provision with respect to jailing,
fining, or otherwise penalizing victims of serious crimes on
account of their status as crime victims or on account of
conduct committed under duress incident to such status restates
existing criminal law and is therefore unnecessary. The
conferees also believe that training provided to State
Department and Justice Department personnel should include
methods for achieving antitrafficking objectives through
nondiscriminatory application of immigration laws and others
laws.
Subsection 7(d) of the House bill makes clear that
nothing in subsection (c) creates a private cause of action
against the United States or its employees. Subsection 7(d) of
the Senate amendment is identical to the House provision.
Subsection 7(d) of the conference agreement is identical to
both provisions.
Subsection 7(e) of the House bill makes funds derived
from the sale of assets seized from and forfeited by
traffickers (pursuant to section 12(a) of the House bill)
available for the victim assistance under subsections (a) and
(b). The Senate amendment contains no corresponding provision.
The conference agreement is identical to the Senate amendment.
Section 7(f) of the House bill creates a new nonimmigrant
``T'' visa for certain victims of severe forms of trafficking.
Eligibility would be limited to persons who: (1) are victims of
a severe form of trafficking in persons, as defined in section
3 of the act; (2) are in the United States or at a United
States port of entry by reason of having been trafficked here;
(3) are no older than 14 years of age or were induced to
participate in the sex trade or slavery-like practices by
force, coercion, fraud, or deception, did not voluntarily agree
to any arrangement including such participation, and have
complied with any reasonable request for assistance in the
investigation or prosecution of trafficking acts; and (4) have
a well-founded fear of retribution involving the infliction of
severe harm upon removal from the United States or would suffer
extreme hardship in connection with the trafficking upon
removal from the United States. It also permits the Attorney
General to grant a ``T'' visa if necessary to avoid extreme
hardship to the victim's spouse, sons and daughters (who are
not children), and the parents if the victim is under 21 years
old. A victim's children who are unmarried and under 21 years
old need not establish extreme hardship to receive a ``T''
visa. It precludes anyone in this section from receiving a
``T'' visa if there is substantial reason to believe that the
person has committed an act of a severe form of trafficking in
persons. The House provision permits the Attorney General to
waive grounds of inadmissibility, including health-related
grounds, public charge, and, with the exception of security,
international child abduction, and former citizens who
renounced citizenship to avoid taxation, any other provision of
section 212(a) of the INA if the activities rendering the alien
inadmissible were caused by the trafficking. It states that the
INS is not prohibited from instituting removal proceedings
against an alien admitted with a ``T'' visa 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. The House
provision also places an annual cap of 5,000 on ``T'' visas for
trafficking victims. Finally, the House provision permits the
Attorney General to adjust the status of a ``T'' visa holder to
that of a permanent resident if the alien: (1) has been
physically present in the United States for a continuous period
of at least 3 years since the date of admission; (2) has
throughout such period been a person of good moral character;
(3) has during such period complied with any reasonable request
for assistance in the investigation or prosecution of
trafficking acts; and (4) has a well-founded fear of
retribution involving the infliction of severe harm upon
removal from the United States, or would suffer extreme
hardship in connection with the trafficking upon removal from
the United States. It also permits the Attorney General to
adjust the status of the victim's spouse, parents, and married
and unmarried sons and daughters, if admitted with a ``T''
visa, to that of an alien lawfully admitted for permanent
residence. An annual cap of 5,000 is placed on adjustments of
status for victims. The provision also permits the Attorney
General to waive grounds of inadmissibility, including health-
related grounds, public charge, and, with the exception of
security, international child abduction, and former citizens
who renounced citizenship to avoid taxation, any other
provision of section 212(a) of the INA if the activities
rendering the alien inadmissible were caused by the
trafficking.
Subsections 7(e) and (f) of the Senate amendment are
similar to section 7(f) of the House bill. The Senate provision
allows victims who meet all other eligibility requirements for
the ``T'' visa to make a showing of ``extreme hardship''
whether or not such hardship is ``in connection with the
victimization.'' The Senate provision also makes a victim's
spouse and minor children eligible for visas only on a showing
that their presence in the United States would be ``necessary
to avoid extreme hardship.'' The Senate provision makes a
victim's parents eligible for visas only if the victim is under
the age of 21, and provides no eligibility for a victim's sons
and daughters who are not minor children. The Senate provision
contained no annual limitation on the number of nonimmigrant
visas or on the number of persons eligible to adjust status to
permanent residence. The Senate provision allowing to waive
grounds of inadmissibility was broader than the House
provision, allowing waivers of all grounds except participation
in Nazi persecution, genocide, and related grounds.
Subsections 7(e) and (f) of the conference agreement are
similar to the House bill but incorporate elements of the
Senate amendment. The conferees believe that an applicant who
voluntarily agrees to be smuggled into the United States in
exchange for working to pay off the smuggling fee is not
eligible for the ``T'' visa, unless the applicant becomes a
victim of a severe form of trafficking in persons as defined by
the Act. The conference provision requires that a victim would
face ``extreme hardship involving unusual and severe harm''
upon removal as an element in establishing eligibility for a
visa. The conferees expect that the Immigration and
Naturalization Service and the Executive Office for Immigration
Review will interpret the ``extreme hardship involving unusual
and severe harm'' to be a higher standard than just ``extreme
hardship.'' The standard shall cover those cases where a victim
likely would face genuine and serious hardship if removed from
the United States, whether or not the severe harm is physical
harm or on account of having been trafficked. The extreme
hardship shall involve more than thenormal economic and social
disruptions involved in deportation. The conference provision is also
similar to the Senate provision in requiring a showing of extreme
hardship for the admission of a victim's spouse and minor children and
in containing no provision for admission of adult sons and daughters.
The conference provision is identical to the House provision with
respect to waivers of grounds of inadmissibility.
The conference agreement limits the number of
nonimmigrant visas to 5000 per year and also contains an annual
limit of 5000 on the number of ``T'' visa holders who are
eligible to adjust their status to lawful permanent residence.
The conference provision also adds a new subsection (g),
directing the Immigration and Naturalization Service to report
annually on whether any otherwise eligible applicant has been
denied a visa or adjustment of status solely on account of the
annual limitation. The conferees expect that this report will
list the number of visa and adjustment applications filed, the
number of denials for any reason, and the number denied on
account of the annual limitation. The conferees believe that
the annual limitation of 5000 is sufficient to include all bona
fide victims of severe forms of trafficking in persons who meet
all other eligibility requirements. If experience should
indicate that the number is insufficient to include all such
bona fide eligible victims, it would be appropriate for
Congress to consider enacting legislation to increase the
annual limitation.
Sec. 8. Minimum standards for the elimination of trafficking
Section 8 of the House bill establishes minimums
standards applicable to governments of countries that are
countries of origin, transit, or destination for a significant
number of victims of severe forms of trafficking in persons.
The section provides that such governments should enact laws
that prohibit and severely punish such trafficking and should
make serious and sustained efforts to eliminate such
trafficking. The section sets forth a number of indicia of such
serious and sustained efforts, including vigorous prosecution
of offenders, protection of victims, education of the public
and of potential victims, and cooperation with international
efforts to stop trafficking. Section 8 of the Senate amendment
is substantially similar to the House provision. Section 8 of
the conference agreement is substantially similar to the House
and Senate provisions. The conferees do not expect that a
government would be required to fulfill all the criteria in
subsection 8(b) in order to be making ``serious and sustained
efforts'' to eliminate severe forms of trafficking in persons.
Rather, the subsection requires only that the Secretary
consider these factors in determining whether the government is
making such efforts.
Sec. 9. Assistance to foreign countries to meeting minimum standards
Section 9 of the House bill authorizes the Agency for
International Development to fund activities designed to help
foreign countries meet the minimum standards outlined in
section 8(a) of this Act. Such activities include, but are not
limited to, assistance in drafting anti-trafficking
legislation, training law enforcement and judicial system
officials in the investigation and prosecution of trafficking
cases, and efforts by foreign governments to assist victims.
Section 9 of the Senate amendment is similar to the House
provision but makes clear that such activities may be conducted
through nongovernmental or multilateral organizations and may
include the expansion of exchange programs and international
visitor programs. Section 9 of the conference agreement is
substantially identical to the Senate provision.
sec. 10. Actions against governments failing to meet minimum standards
Section 10 of the House bill requires the Secretary of
State to submit to Congress an annual report on the status of
severe forms of trafficking, consisting of a list of countries
that do not meet the minimum standards set forth in section 8
of the Act, together with such other information as the
Secretary may wish to provide. The section provides that the
Secretary may also file interim reports. Beginning in FY 2002,
the section requires that for each government that fails to
meet the minimum standards, the President ``shall'' either (a)
withhold nonhumanitarian U.S. foreign assistance to that
government and direct that the U.S. executive directors of
multilateral lending instutions vote against nonhumanitarian
assistance to that government during the following fiscal year;
or (b) waive these requirements if the President finds that the
provision of nonhumanitarian assistance to that country is in
the national interest of the United States.
Section 10 of the Senate amendment provides that, with
respect to each country that does not meet the minimum
standards set forth in section 8, the President ``may'' take
any of a number of actions, including withholding foreign
assistance, instructing the U.S. executive directors of
multilateral lending institutions to vote against loans or
assistance to such countries, prohibiting arms sales, and
restricting exports to such countries.
Section 10 of the conference agreement is similar to the
Senate provision with respect to countries whose governments do
not comply with the minimum standards but are making
significant efforts to bring themselves into compliance, in
that is contains no provision for actions against such
countries, thereby leaving the President free to take no action
or to take any action that is within the President's discretion
under current law. This section of the conference agreement is
similar to the House provision only with respect to countries
whose governments not only fail to comply with the minimum
standards, but also fail to make significant efforts to comply
with such standards. With respect to this small number of truly
egregious offenders, the conference agreement contains a
provision similar to the House bill, but with the following
additional limitations: (1) The requirement that the President
either withhold assistance to the foreign government or waive
the withholding requirement is limited to assistance which is
``nonhumanitarian'' and also ``nontrade-related.'' (2)
Similarly, the provision with respect to international
financial institutions is limited to non-humanitarian,
nontrade-related loans and other utilizations of funds. For the
purposes of this provision, the conferees consider humanitarian
assistance to include debt relief extended by international
financial institutions to governments in order to allow such
governments to meet the basic needs of the people of their
countries. (3) The President may waive these requirements if a
waiver would promote the purposes of this Act, such as in a
case in which the President believes providing assistance will
cause the offending government to attempt to comply with the
minimums standards. (4) The President may also waive the
requirements if for any other reason he believes a waiver to be
inthe national interest. (5) The President may use the waiver
authority with respect to all assistance and extensions of credit to a
government or with respect to any subset of such assistance or
extensions of credit. (6) The President must use the waiver authority
as necessary to avoid substantial adverse impact on vulnerable
populations including women and children. (7) In lieu of notifying
Congress that aid will be withdrawn or that one of the waiver
authorities granted by this section will be used, the President may
notify Congress that the government of a country is already subject to
broad-based reductions in assistance due to human rights violations and
that no additional measures are deemed appropriate. Finally, (8) the
requirement will not go into effect until 2003. The three-year delay in
implementation of this provision is intended to give foreign
governments time to begin making efforts to comply with the minimum
standards. The conferees emphasize that the provisions of this Act
clearly require that in assessing the records of foreign governments
with respect to the minimum standards for the elimination of
trafficking, the President and other executive branch officials must
not limit their scrutiny to the governments of countries of origin for
victims of severe forms of trafficking in persons, but must apply
equally close scrutiny to the governments of transit countries and
countries of destination for such victims.
sec. 11. actions against significant traffickers in persons
Section 11 of the House bill authorizes the Secretary of
State to compile and publish a list of foreign persons who have
a significant role in a severe form of trafficking in persons,
directly or indirectly in the United States, who materially
support such persons, or who are owned or controlled by such
persons. It allows the President to impose International
Emergency Economic Power Acts (IEEPA) sanctions, including the
freezing of assets located in the United States, without regard
to section 202 of such Act against any foreign person on that
list, and requires that the President report to Congress on any
such sanctions. It also allows for the non-disclosure of
persons on the list for intelligence and law enforcement
reasons, and requires that Congress be notified of such
exclusions on an annual basis. Subsection 11(e) excludes
significant traffickers, persons who knowingly assist them, and
their spouses, sons, and daughters who knowingly benefit from
the proceeds of their trafficking activities, from entry into
the United States. This approach is similar to that adopted by
the Foreign Narcotics Kingpin Designation Act, enacted in Title
VIII of the Intelligence Authorization Act of 2000, P.L. 106-
120.
Section 11 of the Senate amendment is similar to the
House provision in that it provides authority to the President
to block assets and transactions of foreign persons who were
traffickers in persons and foreign persons who materially
assist or are owned, controlled or directed by such persons.
The House bill and the Senate amendment also include similar
provisions for compiling lists of such persons and for
reporting on what persons were subject to the authority to
block assets and transactions. Finally, the Senate section also
includes a provision similar to the House amendment to the
Immigration and Nationality Act making inadmissible persons
subject to blocking under section 11 as well as spouses, sons
and daughters who had obtained financial benefit from such
persons and who knew or should have known that the financial
benefit was the product of trafficking in persons.
Section 11 of the conference agreement is similar in
substance to the House and Senate provisions. The conferees
determined that in light of the discretionary character of both
proposals, a streamlined provision for designating and
reporting on persons subject to the section was warranted, with
all authority vested in the President rather than in other
executive branch officials. A provision was added explicitly
providing the President authority to delegate any
responsibility. While the provision explicitly refers to the
authority to make derivative designations, the conferees intend
that any authority or responsibility in this section may be
delegated. The conferees expect that a substantial part of this
authority will be delegated to the Secretary of the Treasury,
since the Office of Foreign Assets Control within the
Department of the Treasury is responsible for administering
other blocking programs. However, the conferees also expect
that the delegation of authority under section 11 or
regulations promulgated to implement this section will ensure
that appropriate agencies such as the Departments of State and
Justice are involved in the designation process contemplated
under this section.
The conferees remain concerned regarding administrative
actions that may seriously affect the livelihood of persons
subject to such actions but that are not subject to a hearing
prior to their application. The conferees have been assured
that blocking authority of this type is generally exercised
only on persons who have most of their assets abroad, and the
chief effect of blocking orders is to prohibit U.S. persons
from engaging in transactions with such persons. While this
assurance decreases the concern of the conferees that the
provisions may inadvertently be used against an innocent person
who would then be unable to use any of his or her assets to
live during a challenge to a determination, the conferees
included a provision requiring the agency administering this
section to provide an expedited process for hearing from any
person subject to this section, including any designation made
directly by the President. It also provides that nothing in
this section precludes judicial review of determinations under
this section. The conferees recognize, however, that courts
will give significant deference to a foreign policy
determination of the President, which would be basis for making
determinations under this section.
Finally, several of the conferees raised concerns
regarding the provision making certain spouses and children of
traffickers inadmissible. In order to address these concerns,
the conference agreement contains an exception for sons and
daughters who were minor children at the time they received a
benefit from trafficking enterprises.
sec. 12. strengthening prosecution and punishment of traffickers
Section 12 of the House bill amends chapter 77 of title
18 of the United States Code to increase penalties for
involuntary servitude and other existing crimes, adds several
new criminal violations in the areas of trafficking in persons,
and amends the sentencing guidelines related to these crimes.
Subsection (a) increases the penalties for involuntary
servitude, peonage and other existing crimes from 10 years to
20 years and provides for life imprisonment if the violation
includes kidnaping, aggravated sexual abuse or an attempt to
kill. Subsection (a) also adds several new crimes to title 18.
Section 1589 creates a new crime of forced labor for persons
who knowingly provide or obtain the labor or services of a
person by threats of serious harm to, or physical restraint
against that person or another; by use of fraud, deceit or
misrepresentation ifthe person is a minor, mentally disabled,
or otherwise particularly susceptible to undue influence; 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, serious harm
or physical restraint would be inflicted on that person or another; or
by means of the abuse or threatened abuse of law or the legal process.
New section 1590 would criminalize trafficking of any person in
violation of Chapter 77 of title 18, including by those who benefit
financially or otherwise by such trafficking. New Section 1591 creates
a crime for trafficking persons into a criminal sex act by coercion,
fraud, deceit, misrepresentation or other abusive practices, as defined
in this section. Subsection (a) also establishes a crime for unlawful
conduct with respect to documents in furtherance of trafficking,
peonage, slavery, involuntary servitude or forced labor, and provides
for mandatory restitution to victims of offenses under chapter 77 of
title 18. A new subsection 1594 provides general provisions ensuring
that attempts and conspiracy of certain crimes in chapter 77 are
treated in the same manner as a completed violation and provides for
asset forfeiture and witness protection. Finally, section 12(b)
provides amendments to U.S. sentencing guidelines regarding crimes
contained in the amended chapter 77 of title 18.
Section 12 of the Senate amendment is similar to the
House bill, but with certain important differences. Rather than
add a new section 1589, the Senate amendment provides a
definition of involuntary servitude in section 1584 to include
a condition of servitude induced by means of any act, scheme,
plan, or pattern intended to cause a person to believe that the
person or another person would suffer serious harm or physical
restraint or the abuse or threatened abuse of the legal
process. The Senate amendment also provides for new crimes for
trafficking with respect to peonage, slavery or involuntary
servitude, but does not extend the criminal misconduct to
persons who benefit financially or otherwise from trafficking.
The Senate amendment provides for a new section of title 18 of
the United States Code for sex trafficking, but limits it to
cases of force, fraud, or coercion, as defined in that section.
The Senate amendment also includes new sections relating to
unlawful conduct with respect to documents in furtherance of
trafficking and other crimes, and likewise has provisions
identical to the House bill on mandatory restitution. Finally,
the Senate amendment provides general provisions regarding
asset forfeiture, witness protection and amendments to U.S.
sentencing guidelines.
Section 12 of the conference agreement is substantially
similar to the House provision, but incorporates a number of
provisions contained in the Senate amendment. In order to
address issues raised by the decision of the United States
Supreme Court in United States v. Kozminski, 487 U.S. 931
(1988), the agreement creates a new section 1589 on forced
labor in form similar to the House bill. The agreement does not
contain a provision included in the House bill addressing fraud
or deception to obtain labor or services of minors, mentally
incompetent persons, or persons otherwise particularly
susceptible. In deleting these provisions, the conferees
addressed the concerns of some members of the conference that
the similar House bill provision might have criminalized
conduct that is currently regulated by labor law. However, the
conferees are aware that the Department of Justice may seek
additional statutory changes in future years to further address
the issues raised in Kozminski, as courts and prosecutors
develop experience with the new crimes created by this Act.
Section 1589 is intended to address the increasingly
subtle methods of traffickers who place their victims in
modern-day slavery, such as where traffickers threaten harm to
third persons, restrain their victims without physical violence
or injury, or threaten dire consequences by means other than
overt violence. Section 1589 will provide federal prosecutors
with the tools to combat severe forms of worker exploitation
that do not rise to the level of involuntary servitude as
defined in Kozminski. Because provisions within section 1589
only require a showing of a threat of ``serious harm,'' or of a
scheme, plan, or pattern intended to cause a person to believe
that such harm would occur, federal prosecutors will not have
to demonstrate physical harm or threats of force against
victims. The term ``serious harm'' as used in this Act refers
to a broad array of harms, including both physical and
nonphysical, and section 1589's terms and provisions are
intended to be construed with respect to the individual
circumstances of victims that are relevant in determining
whether a particular type or certain degree of harm or coercion
is sufficient to maintain or obtain a victim's labor or
services, including the age and background of the victims.
For example, it is intended that prosecutors will be able
to bring more cases in which individuals have been trafficked
into domestic service, an increasingly common occurrence, not
only where such victims are kept in service through overt
beatings, but also where the traffickers use more subtle means
designed to cause their victims to believe that serious harm
will result to themselves or others if they leave, as when a
nanny is led to believe that children in her care will be
harmed if she leaves the home. In other cases, a scheme, plan,
or pattern intended to cause a belief of serious harm may refer
to intentionally causing the victim to believe that her family
will face harms such as banishment, starvation, or bankruptcy
in their home country. Section 1589 will in certain instances
permit prosecutions where children are brought to the United
States and face extreme nonviolent and psychological coercion
(e.g. isolation, denial of sleep, and other punishments). A
claim by an adult of a false legal relationship with a child in
order to put the child in a condition of servitude may
constitute a scheme, plan or pattern that violates the statute,
if there is a showing that such a scheme was intended to create
the belief that the victim or some other person would suffer
serious harm.
The conference agreement also includes new section 1590
for the crime of trafficking with respect to peonage, slavery,
involuntary servitude, or forced labor. The conferees adopted
the approach of the Senate bill with respect to this new crime
and agreed not to extend it to persons who benefit financially
or otherwise from the trafficking out of a concern that such a
provision might include within its scope persons, such as
stockholders in large companies, who have an attenuated
financial interest in a legitimate business where a few
employees might act in violation of the new statute. The
conference agreement also creates new section 1591 punishing
sex trafficking, which is similar to comparable provisions in
both the House bill and the Senate amendment. Also, the
conference agreement creates new section 1592, which punishes
wrongful conduct with respect to immigration and identification
documents in the course of a violation of one of several
provisions of chapter 77 of title 18, when such conduct is
engaged in with the intent to violate one of the sections, or
when such conduct is for the purpose of preventing or
restricting, without lawful authority, a person's liberty to
move or travel in interstate or foreign commerce, or to
maintain the labor or services of another, knowing that such
person is a victim of severe forms of trafficking, as defined
by section 3 of this Act. This revision is intended to address,
in part, cases where one of the other crimes of chapter 77 is
not completed, but wherethere is evidence that a trafficker
intended to commit such a crime and withheld or destroyed immigration
or identification documents for the purpose of preventing the
trafficking victim from escaping. Finally, the conference agreement
contains provisions similar to the Senate bill regarding mandatory
restitution, general provisions, and sentencing guidelines.
sec. 13. authorization of appropriations
Section 13 of the House bill authorizes a total of $94.5
million ($31.5 million for FY2000, $63 million for FY01) in the
following categories: (a) Interagency Task Force: $1.5 million
for fiscal year 2000, $3 million for fiscal year 2001; (b)
Health and Human Services for victim assistance in the United
States: $5 million for fiscal year 2000, $10 million for fiscal
year 2001; (c) Department of State for foreign victim
assistance: $5 million for fiscal year 2000, $10 million for
fiscal year 2001; (d) The Attorney General for victim
assistance in the United States: $5 million for fiscal year
2000, $10 million for fiscal year 2001; (e) The President for
(1) foreign victim assistance: $5 million for fiscal year 2000,
$10 million for fiscal year 2001, and (2) assistance to help
countries meet minimum trafficking standards: $5 million for
fiscal year 2000, $10 million for fiscal year 2001; and (f)
Department of Labor for victim assistance in the United States:
$5 million for fiscal year 2000, $10 million for fiscal year
2001.
Section 13 of the Senate bill is similar to the House
provision, except that it authorizes funding for fiscal years
2001 and 2002. It also authorizes $300,000 in fiscal year 2001
for a voluntary contribution to the Organization for Security
and Co-operation in Europe and such sums as may be necessary to
include the additional information required by section 4 in the
annual Country Reports on Human Rights Practices.
Section 13 of the conference agreement is substantially
identical to the Senate provision.
Concerning Division B, the Violence Against Women Act of 2000
The Violence Against Women Act of 2000 accomplishes two
basic things:
First, the bill reauthorizes through Fiscal Year 2005 the
key programs included in the original Violence Against Women
Act, such as the STOP, Pro-Arrest, Rural Domestic Violence and
Child Abuse Enforcement, and campus grants; battered women's
shelters; the National Domestic Violence Hotline; rape
prevention and education grant programs; and three victims of
child abuse programs, including the court-appointed special
advocate program (CASA).
Second, the Violence Against Women Act of 2000 makes some
targeted improvements that our experience with the original Act
has shown to be necessary, such as--
(1) Authorizing grants for legal assistance for victims
of domestic violence, stalking, and sexual assault;
(2) Providing funding for transitional housing
assistance;
(3) Improving full faith and credit enforcement and
computerized tracking of protection orders;
(4) Strengthening and refining the protections for
battered immigrant women;
(5) Authorizing grants for supervised visitation and safe
visitation exchange of children between parents in situations
involving domestic violence, child abuse, sexual assault, or
stalking; and
(6) Expanding several of the key grant programs to cover
violence that arises in dating relationships.
We append to this joint statement a section by section
analysis of the bill and a more detailed section by section
analysis of the provisions contained in Title V, which
addresses the plight of battered immigrant women.
Division B--The Violence Against Women Act of 2000
section-by-section summary
Sec. 1001. Short Title
Names this division the Violence Against Women Act of
2000.
Sec. 1002. Definitions
Restates the definitions ``domestic violence'' and
``sexual assault'' as currently defined in the STOP grant
program.
Sec. 1003. Accountability and Oversight
Requires the Attorney General or Secretary of Health and
Human Services, as applicable, to require grantees under any
program authorized or reauthorized by this division to report
on the effectiveness of the activities carried out. Requires
the Attorney General or Secretary, as applicable, to report
biennially to the Senate and House Judiciary Committees on
these grant programs.
Title I--Strengthening Law Enforcement to Reduce Violence Against Women
Sec. 1101. Improving Full Faith and Credit Enforcement of Protection
Orders
Helps states and tribal courts improve interstate
enforcement of protection orders as required by the original
Violence Against Women Act of 1994. Renames Pro-Arrest Grants
to expressly include enforcement of protection orders as a
focus for grant program funds, adds as a grant purpose
technical assistance and use of computer and other equipment
for enforcing orders; instructs the Department of Justice to
identify and make available information on promising order
enforcement practices; adds as a funding priority the
development and enhancement of data collection and sharing
systems to promote enforcement of protection orders.
Amends the full faith and credit provision in the
original Act to prohibit requiring registration as a
prerequisite to enforcement of out-of-state orders and to
prohibit notification of a batterer without the victim's
consent when an out-of-state order is registered in a new
jurisdiction. Requires recipients of STOP and Pro-Arrest grant
funds, as a condition of funding, to facilitate filing and
service of protection orders without cost to the victim in both
civil and criminal cases.
Clarifies that tribal courts have full civil jurisdiction
to enforce protection orders in matters arising within the
authority of the tribe.
Sec. 1102. Enhancing the Role of Courts in Combating Violence Against
Women
Engages state courts in fighting violence against women
by targeting funds to be used by the courts for the training
and education of court personnel, technical assistance, and
technological improvements. Amends STOP and Pro-Arrest grants
to make state and local courts expressly eligible for funding
and dedicates 5 percent of states' STOP grants for courts.
Sec. 1103. STOP Grants Reauthorization
Reauthorizes through 2005 this vital state formula grant
program that has succeeded in bringing police and prosecutors
in close collaboration with victim services providers into the
fight to end violence against women. (``STOP'' means ``Services
and Training for Officers and Prosecutors''). Preserves the
original Act's allocations of states' STOP grant funds of 25
percent to police and 25 percent to prosecutors, but increases
grants to victim services to 30 percent (from 25 percent), in
addition to the 5 percent allocated to state, tribal, and local
courts.
Sets aside five percent of total funds available for
State and tribal domestic violence and sexual assault
coalitions and increases the allocation for Indian tribes to 5
percent (up from 4 percent in the original Act).
Amends the definition of ``underserved populations'' and
adds additional purpose areas for which grants may be used.
Authorization level is $185 million/year (FY 2000
appropriation was $206.75 million (including a $28 million
earmark for civil legal assistance)).
Sec. 1104. Pro-Arrest Grants Reauthorization
Extends this discretionary grant program through 2005 to
develop and strengthen programs and policies that mandate and
encourage police officers to arrest abusers who commit acts of
violence or violate protection orders.
Sets aside 5 percent of total amounts available for
grants to Indian tribal governments.
Authorization level is $65 million/year (FY 2000
appropriation was $34 million).
Sec. 1105. Rural Domestic Violence and Child Abuse Enforcement Grants
Reauthorization
Extends through 2005 these direct grant programs that
help states and local governments focus on problems particular
to rural areas.
Sets aside 5 percent of total amounts available for
grants to Indian tribal governments.
Authorization level is $40 million/year (FY 2000
appropriation was $25 million).
Sec. 1106. National Stalker and Domestic Violence Reduction Grants
Reauthorization
Extends through 2005 this grant program to assist states
and local governments in improving databases for stalking and
domestic violence.
Authorization level is $3 million/year (FY 1998
appropriation was $2.75 million).
Sec. 1107. Clarify Enforcement to End Interstate Battery/Stalking
Clarifies federal jurisdiction to ensure reach to persons
crossing United States borders as well as crossing state lines
by use of ``interstate or foreign commerce language.''
Clarifies federal jurisdiction to ensure reach to battery or
violation of specified portions of a protection order before
travel to facilitate the interstate movement of the victim.
Makes the nature of the ``harm'' required for domestic
violence, stalking, and interstate travel offenses consistent
by removing the requirement that the victim suffer actual
physical harm from those offenses that previously had required
such injury.
Resolves several inconsistencies between the protection
order offense involving interstate travel of the offender, and
the protection order offense involving interstate travel of the
victim.
Revises the definition of ``protection order'' to clarify
that support or child custody orders are entitled to full faith
and credit to the extent provided under other Federal law--
namely, the Parental Kidnaping Prevention Act of 1980, as
amended.
Extends the interstate stalking prohibition to cover
interstate ``cyber-stalking'' that occurs by use of the mail or
any facility of interstate or foreign commerce, such as by
telephone or by computer connected to the Internet.
Sec. 1108. School and Campus Security
Extends the authorization through 2005 for the grant
program established in the Higher Education Amendments of 1998
and administered by the Justice Department for grants for on-
campus security, education, training, and victim services to
combat violence against women on college campuses. Incorporates
``dating violence'' into purpose areas for which grants may be
used. Amends the definition of ``victim services'' to include
public, nonprofit organizations acting in a nongovernmental
capacity, such as victim services organizations at public
universities.
Authorization level is $10 million/year (FY 2000 STOP
grant appropriation included a $10 million earmark for this
use).
Authorizes the Attorney General to make grants through
2003 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.
Authorization level is $30 million/year.
Sec. 1109. Dating Violence
Incorporates ``dating violence'' into certain purpose
areas for which grants may be used under the STOP, Pro-Arrest,
and Rural Domestic Violence and Child Abuse Enforcement grant
programs. Defines ``dating violence'' as 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
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.
Title II--Strengthening Services to Victims of Violence
Sec. 1201. Legal Assistance to Victims of Domestic Violence and Sexual
Assault
Building on set-asides in past STOP grant appropriations
since fiscal year 1998 for civil legal assistance, this section
authorizes a separate grant program for those purposes through
2005. Helps victims of domestic violence, stalking, and sexual
assault who need legal assistance as a consequence of that
violence to obtain access to trained attorneys and lay advocacy
services, particularly pro bono legal services. Grants support
training, technical assistance, data collection, and support
for cooperative efforts between victim advocacy groups and
legal assistance providers.
Defines the term ``legal assistance'' to include
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. For purposes of this section,
``administrative agency'' refers to a federal, state, or local
governmental agency that provides financial benefits.
Sets aside 5 percent of the amounts made available for
programs assisting victims of domestic violence, stalking, and
sexual assault in Indian country; sets aside 25 percent of the
funds used for direct services, training, and technical
assistance for the use of victims of sexual assault.
Appropriation is $40 million/year (FY 2000 STOP grant
appropriation included a $28 million earmark for this use).
Sec. 1202. Expanded Shelter for Battered Women and Their Children
Reauthorizes through 2005 current programs administered
by the Department of Health and Human Services to help
communities provide shelter to battered women and their
children, with increased funding to provide more shelter space
to assist the tens of thousands who are now being turned away.
Authorization level is $175 million/year (FY 2000
appropriation was $101.5 million).
Sec. 1203. Transitional Housing Assistance for Victims of Domestic
Violence
Authorizes the Department of Health and Human Services to
make grants to provide short-term housing assistance and
support services to individuals and their dependents who are
homeless or in need of transitional housing or other housing
assistance as a result of fleeing a situation of domestic
violence, and for whom emergency shelter services are
unavailable or insufficient.
Authorization level is $25 million for FY 2001.
Sec. 1204. National Domestic Violence Hotline
Extends through 2005 this grant to meet the growing
demands on the National Domestic Violence Hotline established
under the original Violence Against Women Act due to increased
call volume since its inception. Requires annual reports on the
Hotline's operation.
Authorization level is $2 million/year (FY 2000
appropriation was $2 million).
Sec. 1205. Federal Victims Counselors Grants Reauthorization
Extends through 2005 this program under which U.S.
Attorney offices can hire counselors to assist victims and
witnesses in prosecution of sex crimes and domestic violence
crimes.
Authorization level is $1 million/year (FY 1998
appropriation was $1 million).
Sec. 1206. Study of State Laws Regarding Insurance Discrimination
Against Victims of Violence Against Women
Requires the Attorney General to conduct a national study
to identify state laws that address insurance discrimination
against victims of domestic violence and submit recommendations
based on that study to Congress.
Sec. 1207. Study of Workplace Effects From Violence Against Women
Requires the Attorney General to conduct a national
survey of programs to assist employers on appropriate responses
in the workplace to victims of domestic violence or sexual
assault and submit recommendations based on that study to
Congress.
Sec. 1208. Study of Unemployment Compensation for Victims of Violence
Against Women
Requires the Attorney General to conduct a national study
to identify the impact of state unemployment compensation laws
on victims of domestic violence when the victim's separation
from employment is a direct result of the domestic violence,
and to submit recommendations based on that study to Congress.
Sec. 1209. Enhancing Protections for Older and Disabled Women From
Domestic Violence and Sexual Assault
Adds as new purposes areas to STOP grants and Pro-Arrest
grants the development of policies and initiatives that help in
identifying and addressing the needs of older and disabled
women who are victims of domestic violence or sexual assault.
Authorizes the Attorney General to make grants for
training programs through 2005 to assist law enforcement
officers, prosecutors, and relevant court officers 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.
Authorization is $5 million/year.
Title III--Limiting the Effects of Violence on Children
Sec. 1301. Safe Havens for Children Pilot Program
Establishes through 2002 a pilot Justice Department grant
program aimed at reducing the opportunity for domestic violence
to occur during the transfer of children for visitation
purposes by expanding the availability of supervised visitation
and safe visitation exchange for the children of victims of
domestic violence, child abuse, sexual assault, or stalking.
Authorization level is $15 million for each year.
Sec. 1302. Reauthorization of Victims of Child Abuse Act Grants
Extends through 2005 three grant programs geared to
assist children who are victims of abuse. These are the court-
appointed special advocate program, child abuse training for
judicial personnel and practitioners, and grants for televised
testimony of children.
Authorization levels are $12 million/year for the special
advocate program, $2.3 million/year for the judicial personnel
training program, and $1 million/year for televised testimony
(FY 2000 appropriations were $10 million, $2.3 million, and $1
million respectively).
Sec. 1303. Report on Parental Kidnaping Laws
Requires the Attorney General to study and submit
recommendations on federal and state child custody laws,
including custody provisions in protection orders, the Parental
Kidnaping Prevention Act of 1980, and the Uniform Child Custody
Jurisdiction and Enforcement Act adopted by the National
Conference of Commissioners on Uniform State Laws in July 1997,
and the effect of those laws on child custody cases in which
domestic violence is a factor. Amends emergency jurisdiction to
cover domestic violence.
Authorization levels is $200,000.
Title IV--Strengthening Education and Training To Combat Violence
Against Women
Sec. 1401. Rape Prevention and Education Program Reauthorization
Extends through 2005 this Sexual Assault Education and
Prevention Grant program; includes education for college
students; provides funding to continue the National Resource
Center on Sexual Assault at the Centers for Disease Control and
Prevention.
Authorization level is $80 million/year (FY 2000
appropriation was $45 million).
Sec. 1402. Education and Training to End Violence Against and Abuse of
Women With Disabilities
Establishes a new Justice Department grant program
through 2005 to educate and provide technical assistance to
providers on effective ways to meet the needs of disabled women
who are victims of domestic violence, sexual assault, and
stalking.
Authorization level is $7.5 million/year.
Sec. 1403. Reauthorization of Community Initiatives to Prevent Domestic
Violence
Reauthorizes through 2005 this grant program to fund
collaborative community projects targeted for the intervention
and prevention of domestic violence.
Authorization level is $6 million/year (FY 2000
appropriation was $6 million).
Sec. 1404. Development of Research Agenda Identified Under the Violence
Against Women Act
Requires the Attorney General to direct the National
Institute of Justice, in consultation with the Bureau of
Justice Statistics and the National Academy of Sciences,
through its National Research Council, to develop a plan to
implement a research agenda based on the recommendations in the
National Academy of Science report ``Understanding Violence
Against Women,'' which was produced under a grant awarded under
the original Violence Against Women Act.
Authorization is for such sums as may be necessary to
carry out this section.
Sec. 1405. Standards, Practice, and Training for Sexual Assault
Forensic Examinations
Requires the Attorney General to 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; to
recommend sexual assault forensic examination training for all
health care students; and to review existing protocols on
sexual assault forensic examinations and, based on this review,
develop a recommended national protocol and establish a
mechanism for its nationwide dissemination.
Authorization level is $200,000 for FY 2001.
Sec. 1406. Education and Training for Judges and Court Personnel.
Amends the Equal Justice for Women in the Courts Act of
1994, authorizing $1,500,000 each year through 2005 for grants
for education and training for judges and court personnel in
state courts, and $500,000 each year through 2005 for grants
for education and training for judges and court personnel in
federal courts. Adds three areas of training eligible for grant
use.
Sec. 1407. Domestic Violence Task Force
Requires the Attorney General to establish a task force
to coordinate research on domestic violence and to report to
Congress on any overlapping or duplication of efforts among the
federal agencies that address domestic violence.
Authorization level is $500,000.
Title V--Battered Immigrant Women
Strengthens and refines the protections for battered
immigrant women in the original Violence Against Women Act.
Eliminates a number of ``catch-22'' policies and unintended
consequences of subsequent changes in immigration law to ensure
that domestic abusers with immigrant victims are brought to
justice and that the battered immigrants Congress sought to
help in the original Act are able to escape the abuse.
Title VI--Miscellaneous
Sec. 1601. Notice Requirements for Sexually Violent Offenders
Amends the Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Act to require sex
offenders already required to register in a State to provide
notice, as required under State law, or each institution of
higher education in that State at which the person is employed,
carried on a vocation, or is a student. Requires that state
procedures ensure that this registration information is
promptly made available to law enforcement agencies with
jurisdiction where the institutions of higher education are
located and that it is entered into appropriate State records
or data systems. These changes take effect 2 years after
enactment.
Amends the Higher Education Act of 1965 to require
institutions of higher education to issue a statement, in
addition to other disclosures required under that Act, advising
the campus community where law enforcement agency information
provided by a State concerning registered sex offenders may be
obtained. This change takes effect 2 years after enactment.
Amends the Family Educational Rights and Privacy Act of
1974 to clarify that nothing in that Act may be construed to
prohibit an educational institution from disclosing information
provided to the institution concerning registered sex
offenders; requires the Secretary of Education to take
appropriate steps to notify educational institutions that
disclosure of this information is permitted.
Sec. 1602. Teen Suicide Prevention Study
Authorizes a study by the Secretary of Health and Human
Services 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.
Authorization is for such sums as may be necessary.
Sec. 1603. Decade of Pain Control and Research
Designates the calendar decade beginning January 1, 2001,
as the ``Decade of Pain Control and Research.''
Division B--The Violence Against Women Act of 2000
Title V--The Battered Immigrant Women Protection Act of 2000
section-by-section analysis
Generally designed to improve on efforts made in VAWA
1994 to prevent immigration law from being used by an abusive
citizen or lawful permanent resident spouse as a tool to
prevent an abused immigrant spouse from reporting abuse or
leaving the abusive relationship. This could happen because
generally speaking, U.S. immigration law gives citizens and
lawful permanent residents the right to petition for their
spouses to be granted a permanent resident visa, which is the
necessary prerequisite for immigrating to the United States. In
the vast majority of cases, granting the right to seek the visa
to the citizen or lawful permanent resident spouse makes sense,
since the purpose of family immigration visas is to allow U.S.
citizens or lawful permanent residents to live here with their
spouses and children. But in the unusual case of the abusive
relationship, an abusive citizen or lawful permanent resident
can use control over his or her spouse's visa as a means to
blackmail and control the spouse. The abusive spouse would do
this by withholding a promised visa petition and then
threatening to turn the abused spouse in to the immigration
authorities if the abused spouse sought to leave the abuser or
report the abuse.
VAWA 1994 changed this by allowing immigrants who
demonstrate that they have been battered or subjected to
extreme cruelty by their U.S. citizen or lawful permanent
resident spouses to file their own petitions for visas without
the cooperation of their abusive spouse. VAWA 1994 also allowed
abused spouses placed in removal proceedings to seek
``cancellation of removal,'' a form of discretionary relief
from removal available to individuals in unlawful immigration
status with strong equities, after three years rather than the
seven ordinarily required. Finally, VAWA 1994 granted similar
rights to minor children abused by their citizen or lawful
permanent resident parent, whose immigration status, like that
of the abused spouse, would otherwise be dependent on the
abusive parent. VAWA 2000 addresses residual immigration law
obstacles standing in the path of battered immigrant spouses
and children seeking to free themselves from abusive
relationships that either had not come to the attention of the
drafters of VAWA 1994 or have arisen since as a result of 1996
changes to immigration law.
Sec. 1501. Short Title
Names this title the Battered Immigrant Women Protection
Act of 2000.
Sec. 1502. Findings and Purposes
Lays out as the purpose of the title building on VAWA
1994's efforts to enable battered immigrant spouses and
children to free themselves of abusive relationships and report
abuse without fear of immigration law consequences controlled
by their abusive citizen or lawful permanent resident spouse or
parent.
Sec. 1503. Improved Access to Immigration Protections of the Violence
Against Women Act of 1994 for Battered Immigrant Women
Allows abused spouses and children who have already
demonstrated to the INS that they have been the victims of
battery or extreme cruelty by their spouse or parent to file
their own petition for a lawful permanent resident visa without
also having to show they will suffer ``extreme hardship'' if
forced to leave the U.S., a showing that is not required if
their citizen or lawful permanent resident spouse or parent
files the visa petition on their behalf. Eliminates U.S.
residency as a prerequisite for a spouse or child of a citizen
or lawful permanent resident who has been battered in the U.S.
or whose spouse is a member of the uniformed services or a U.S.
government employee to file for his or her own visa, since
there is no U.S. residency prerequisite for non-battered
spouses' or children's visas. Retains current law's special
requirement that abused spouses and children filing their own
petitions (unlike spouses and children for whom their citizen
or lawful permanent resident spouse or parent petitions)
demonstrate good moral character, but modifies it to give the
Attorney General authority to find good moral character despite
certain otherwise disqualifying acts if those acts were
connected to the abuse.
Allows a victim of battery or extreme cruelty who
believed himself or herself to be a citizen's or lawful
permanent resident's spouse and went through a marriage
ceremony to file a visa petition as a battered spouse if the
marriage was not valid solely on account of the citizen's or
lawful permanent resident's bigamy. Allows a battered spouse
whose citizen spouse died, whose spouse lost citizenship, whose
spouse lost lawful permanent residency, or from whom the
battered spouse was divorced to file a visa petition as an
abused spouse within two years of the death, loss of
citizenship or lawful permanent residency, or divorce, provided
that the loss of citizenship, status or divorce was connected
to the abuse suffered by the spouse. Allows a battered spouse
to naturalize after three years residency as other spouses may
do, but without requiring the battered spouse to live in
marital union with the abusive spouse during that period.
Allows abused children or children of abused spouses
whose petitions were filed when they were minors to maintain
their petitions after they attain age 21, as their citizen or
lawful permanent resident parent would be entitled to do on
their behalf had the original petition been filed during the
child's minority, treating the petition as filed on the date of
the filing of the original petition for purposes of determining
its priority date.
Sec. 1504. Improved Access to Cancellation of Removal and Suspension of
Deportation under the Violence Against Women Act of 1994
Clarifies that with respect to battered immigrants,
IIRIRA's rule, enacted in 1996, that provides that with respect
to any applicant for cancellation of removal, any absence that
exceeds 90 days, or any series of absences that exceed 180
days, interrupts continuous physical presence, does not apply
to any absence or portion of an absence connected to the abuse.
Makes this change retroactive to date of enactment of IIRIRA.
Directs Attorney General to parole children of battered
immigrants granted cancellation until their adjustment of
status application has been acted on, provided the battered
immigrant exercises due diligence in filing such an
application.
Sec. 1505. Offering Equal Access to Immigration Protections of the
Violence Against Women Act of 1994 for All Qualified Battered
Immigrant Self-Petitioners
Grants the Attorney General the authority to waive
certain bars to admissibility or grounds of deportability with
respect to battered spouses and children. New Attorney General
waiver authority granted (1) for crimes of domestic violence or
stalking where the spouse or child was not the primary
perpetrator of violence in the relationship, the crime did not
result in serious bodily injury, and there was a connection
between the crime and the abuse suffered by the spouse or
child; (2) for misrepresentations connected with seeking an
immigration benefit in cases of extreme hardship to the alien
(paralleling the AG's waiver authority for spouses and children
petitioned for by their citizen or lawful permanent resident
spouse or parent in cases of extreme hardship to the spouse or
parent); (3) for crimes of moral turpitude not constituting
aggravated felonies where the crime was connected to the abuse
(similarly paralleling the AG's waiver authority for spouses
and children petitioned for by their spouse or parent); (4) for
health related grounds of inadmissibility (also paralleling the
AG's waiver authority for spouses and children petitioned for
by their spouse or parent); and (5) for unlawful presence after
a prior immigration violation, if there is a connection between
the abuse and the alien's removal, departure, reentry, or
attempted reentry. Clarifies that a battered immigrant's use of
public benefits specifically made available to battered
immigrants in PRWORA does not make the immigrant inadmissible
on public charge ground.
Sec. 1506. Restoring Immigration Protections under the Violence Against
Women Act of 1994
Establishes mechanism paralleling mechanism available to
spouses and children petitioned for by their spouse or parent
to enable VAWA-qualified battered spouse or child to obtain
status as lawful permanent resident in the United States rather
than having to go abroad to get a visa.
Addresses problem created in 1996 for battered
immigrants' access to cancellation of removal by IIRIRA's new
stop-time rule. That rule was aimed at individuals gaming the
system to gain access to cancellation of removal. To prevent
this, IIRIRA stopped the clock on accruing any time toward
continuous physical presence at the times INS initiates removal
proceedings against an individual. This section eliminates
application of this rule to battered immigrant spouses and
children, who, if they are sophisticated enough about
immigration law and had sufficient freedom of movement to
``game the system'', presumably would have filed self-
petitions, and more likely do not even know that INS has
initiated proceedings against them because their abusive spouse
or parent has withheld their mail. To implement this change,
allows a battered immigrant spouse or child to file a motion to
reopen removal proceedings within 1 year of the entry of an
order of removal (which deadline may be waived in the Attorney
General's discretion if the Attorney General finds
extraordinary circumstances or extreme hardship to the alien's
child) provided the alien files a complete application to be
classified as VAWA-eligible at the time the alien files the
reopening motion.
Sec. 1507. Remedying Problems with Implementation of the Immigration
Provisions of the Violence Against Women Act of 1994
Clarifies that negative changes of immigration status of
abuser or divorce after abused spouse or child files petition
under VAWA have no effect on status of abused spouse or child.
Reclassifies abused spouse or child as spouse or child of
citizen if abuser becomes citizen notwithstanding divorce or
termination of parental rights (so as not to create incentive
for abuse victim to delay leaving abusive situation on account
of potential future improved immigration status of abuser).
Clarifies that remarriage has no effect on pending VAWA
immigration petition.
Sec. 1508. Technical Correction to Qualified Alien Definition for
Battered Immigrants
Makes technical change of description of battered aliens
allowed to access certain public benefits so as to use correct
pre-IIRIRA name for equitable relief fromdeportation/removal
(``suspension of deportation'' rather than ``cancellation of removal'')
for pre-IIRIRA cases.
Sec. 1509. Access to Cuban Adjustment Act for Battered Immigrant
Spouses and Children
Allows battered spouses and children to access special
immigration benefits available under Cuban Adjustment Act to
other spouses and children of Cubans on the basis of the same
showing of battery or extreme cruelty they would have to make
as VAWA self-petitioners; relieves them of Cuban Adjustment Act
showing that they are residing with their spouse/parent.
Sec. 1510. Access to the Nicaraguan Adjustment and Central American
Relief Act for Battered Spouses and Children
Provides access to special immigration benefits under
NACARA to battered spouses and children similarly to the way
section 509 does with respect to Cuban Adjustment Act.
Sec. 1511. Access to the Haitian Refugee Fairness Act of 1998 for
Battered Spouses and Children
Provides access to special immigration benefits under
HRIFA to battered spouses and children similarly to the way
section 509 does with respect to Cuban Adjustment Act.
Sec. 1512. Access to Services and Legal Representation for Battered
Immigrants
Clarifies that Stop grants, Grants to Encourage Arrest,
Rural VAWA grants, Civil Legal Assistance grants, and Campus
grants can be used to provide assistance to battered
immigrants. Allows local battered women's advocacy
organizations, law enforcement or other eligible Stop grant
applicants to apply for Stop funding to train INS officers and
immigration judges as well as other law enforcement officers on
the special needs of battered immigrants.
Sec. 1513. Protection for Certain Crime Victims Including Victims of
Crimes Against Women
Creates new nonimmigrant visa for victims of certain
serious crimes that tend to target vulnerable foreign
individuals without immigration status if the victim has
suffered substantial physical or mental abuse as a result of
the crime, the victim has information about the crime, and a
law enforcement official or a judge certifies that the victim
has been helpful, is being helpful, or is likely to be helpful
in investigating or prosecuting the crime. The crime must
involve rape, torture, trafficking, incest, sexual assault,
domestic violence, 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, attempt or
conspiracy to commit any of the above, or other similar conduct
in violation of Federal, State, or local criminal law. Caps
visas at 10,000 per fiscal year. Allows Attorney General to
adjust these individuals to lawful permanent resident status if
the alien has been present for 3 years and the Attorney General
determines this is justified on humanitarian grounds, to
promote family unity, or is otherwise in the public interest.
aimee's law
This bill penalizes States that fail to incarcerate
criminals convicted of murder, rape, and dangerous sexual
offenses for long prison terms. In cases in which a State
convicts a person of murder, rape, or a dangerous sexual
offense, and that person has a prior conviction for any one of
those offenses in a designated State, the designated State must
pay, from federal law enforcement assistance funds, the
incarceration and prosecution cost of the latter State. (The
Attorney General would transfer the federal law enforcement
funds from the prior State to the subsequent State.)
A State is a designated State and is subject to penalty
under this section if (1) the average term of imprisonment
imposed by the State on persons convicted of the offense for
which that person was convicted is less than the average term
of imprisonment imposed for that offense in all states; or (2)
that person had served less than 85 percent of the prison term
to which he was sentenced for the prior offense. (In making
this calculation, if the State has an indeterminate sentencing
system, the prison term shall be considered the lower range of
the sentence. For example, if a person is sentenced 10-to-12
years, then the calculation is whether the person served 85
percent of 10 years.)
Concerning Sec. 2002 and 2003 of Division C
Sections 2002 and 2003, which may be referred to as the
Justice for Victims of Terrorism Act, helps American victims of
terrorism abroad collect court-awarded compensation and ensures
that the responsible state sponsors of terrorism pay a price
for their crimes.
In March 1985, Terry Anderson, an American journalist
working in Beirut, was kidnapped by agents of the Islamic
Republic of Iran. He was held captive by his kidnappers in
deplorable conditions until early December 1991.
During the 1980's three other individuals working in
Lebanon, David Jacobsen, an administrator of the American
University hospital in Beirut, Joseph Ciccippio, a comptroller
of the American University school and hospital and Frank Reed,
a principal of a private secondary school in Beirut, were also
held captive by agents of the Islamic Republic of Iran.
In April 1995, Alisa Flatow, a 20-year-old college
student from New Jersey, was on a bus on the Gaza strip going
to a Passover holiday celebration. A terrorist from the Iranian
backed Islamic Jihad rammed his car loaded with explosives into
the bus, killing Ms. Flatow and seven others.
Two Americans studying in Israel, Matthew Eisenfeld and
Sara Duker were killed in a suicide bombing of a bus in
Jerusalem in February 1996. Those responsible were provided
training, money, and resources by Iran.
Also in February 1996, Cuban pilots flying MiG aircraft
shot down two aircraft flown by the ``Brothers to the Rescue''
humanitarian organization in international airspace over the
Florida Straits. Three American citizens were killed in the
attack by the Cuban government.
Section 221 of the Antiterrorism and Effective Death
Penalty Act of 1996 (P.L. 104-132) gave these and other
American citizens injured or killed in acts of terrorism (or
their survivors) to bring a lawsuit against the terrorist state
responsible for that act. Congress and the President
deliberately created an exception to the doctrine of foreign
sovereign immunity and to the statutory protections of the
Foreign Sovereign Immunities Act, limited to victims' cases
against countries on the State Department's list of state
sponsors of terrorism.
Following enactment of the Antiterrorism Act of 1996,
numerous American victims filed suit against terrorist states.
Each of the victims described above, or surviving family
members, has been awarded judgements by U.S. courts. However,
the victims were not able to collect on their judgements. Iran
and Cuba have few, if any, assets in the United States not
blocked by the Treasury Department under existing sanctions
laws or otherwise held by the U.S. Government. The President
did not exercise existing authorities to make those assets
available.
After the Brothers to the Rescue incident, at a February
26, 1996, White House press briefing President Clinton stated
``I am asking that Congress pass legislation that will provide
immediate compensation to the families, something to which they
are entitled under international law, out of Cuba's blocked
assets here in the United States. If Congress passes this
legislation, we can provide the compensation immediately,'' The
President did vest funds from blocked Cuban accounts to make
modest payments to the Brothers to the Rescue families as a
``humanitarian gesture.''
Section 117 of the Treasury and General Government
Appropriations Act for fiscal year 1999, explicitly made the
assets of foreign terrorist states blocked by the Treasury
Department under existing sanctions laws available for
attachment by U.S. courts for the very limited purpose of
satisfying Antiterrorism Act judgements.
That legislation authorized the President to waive the
requirements of that provision in the interest of national
security, but the scope of that waiver authority remains in
dispute. Presidential Determination 99-1 asserted broad
authority to waive the entirety of the provision. But the
District Court of the Southern District of Florida, in
Alejandre v. Republic of Cuba, rejected the Administration's
view and held, instead, that the President's authority applied
only to Section 117's requirement that the Secretaries of State
and Treasury assist a judgement creditor in identifying,
locating, and executing against non-blocked property of a
foreign terrorist state. 42 F. Supp. 2d 1317 (S.D. Fla. 1999)
vacated and remanded on other grounds, 183 F. 3d 1277 (11th
Cir. 1999). Another federal district court reached a contrary
opinion. Flatow v. Islamic Republic of Iran, 76 F. Supp. 2d 16
(D.D.C. 1999) (construing the waiver authority broadly).
Subsection 1(f) of this bill repeals the waiver authority
granted in Section 117 of the Treasury and General Government
Appropriations Act for fiscal year 1999, replacing it with a
clearer but narrower waiver authority in the underlying
statute. The Committee hopes clarity in the legislative history
and intent of subsection 1(f), in the context of the section as
a whole, will ensure appropriate application of the new waiver
authority.
This is a key issue for American victims of state-
sponsored terrorism who have sued or who will in the future sue
the responsible terrorism-list state, as they are entitled to
do under the Anti-Terrorism Act of 1996. Victims who already
hold U.S. court judgements, and a few whose related cases will
soon be decided, will receive their compensatory damages as a
result of this legislation.
The Committee intends that this legislation will
similarly help other pending and future Antiterrorism Act
plaintiffs as and when U.S. courts issue judgements against the
foreign state sponsors of specific terrorist acts. The
Committee shares the particular interest of the sponsors of
this legislation in ensuring that the families of the victims
of Pan Am flight 103 should be able to collect damages promptly
if they can demonstrate to the satisfaction of a U.S. court
that Libya is indeed responsible for that heinous bombing. The
Committee is similarly interested in pending suits against
Iraq.
In replacing the waiver, the conferees accept that the
President should have the authority to waive the court's
authority to attach blocked assets. But to understand the view
of the committee with respect to the use of the waiver, it must
be read within the context of other provisions of the
legislation.
A waiver of the attachment provision would seem
appropriate for final and pending Anti-Terrorism Act cases
identified in subsection (a)(2) of this bill. In these cases,
judicial attachment is not necessary because the executive
branch will appropriately pay compensatory damages to the
victims and use blocked assets to collect the funds from
terrorist states.
Of particular significance, this section reaffirms the
President's statutory authority, inter alia, to vest blocked
foreign government assets and where appropriate make payments
to victims of terrorism. The President has the authority to
assist victims with pending and future cases.
The Committee's intent is that the President will review
each case when the court issues a final judgement to determine
whether to use the national security waiver, whether to help
the plaintiffs collect from a foreign state's non-blocked
assets in the United States whether to allow the courts to
attach and execute against blocked assets, or whether to use
existing authorities to vest and pay those assets as damages to
the victims of terrorism.
When a future President does make a decision whether to
invoke the waiver, he should consider seriously whether the
national security standard for a waiver has been met. In
enacting this legislation, Congress is expressing the view that
the attachment and execution of frozen assets to enforce
judgements in cases under the Anti-Terrorism Act of 1996 is not
by itself contrary to the national security interest. Indeed,
in the view of the Committee, it is generally in the national
security interest of the United States to make foreign state
sponsors of terrorism pay court-awarded damages to American
victims, so neither the Foreign Sovereign Immunities Act nor
any other law will stand in the way of justice. Thus, in the
view of the committee the waiver authority should not be
exercised in a routine or blanket manner, but only where U.S.
national security interests would be implicated in taking
action against particular blocked assets or where alternative
recourse--such as vesting and paying those assets--may be
preferable to court attachment.
Future Presidents should follow the precedent set by this
legislation, and find the best way to help victims of terrorism
collect on their judgements and make terrorist states pay for
their crimes.
The conference report also includes a section, Section
2003, dealing with support for victims of international
terrorism. This section will enable the Office for Victims of
Crime (OVC) to provide more immediate and effective assistance
to Americans who are victims of terrorism abroad--Americans
like those killed or injured in the embassy bombings in Kenya
and Tanzania, and in the Pan Am 103 bombing over Lockerbie,
Scotland. These victims deserve help, but existing programs are
failing to meet their needs.
Section 2003(a) of the conference report will permit OVC
to serve these victims better by expanding the types of
assistance for which the Victims of Crime Act (VOCA) emergency
reserve fund may be used, and the range of organizations to
which assistance may be provided. These changes will not
require new or appropriated funds: They simply allow OVC
greater flexibility in using existing reserve funds to assist
victims of terrorism abroad, including the victims of the
Lockerbie and embassy bombings.
Section 2003(b) will authorize OVC to raise the cap on
the VOCA emergency reserve fund from $50 million to $100
million, so that the fund is large enough to cover the
extraordinary costs that would be incurred if a terrorist act
caused massive casualties, and to replenish the reserve fund
with unobligated funds from its other grant programs.
Section 2003(c) will simplify the presently-authorized
system of using VOCA funds to provide victim compensation to
American victims of terrorism abroad, by permitting OVC to
establish and operate an international crime victim
compensation program. This program will, in addition, cover
foreign nationals who are employees of any American government
institution targeted for terrorist attack. The source of
funding is the VOCA emergency reserve fund, which Congress
authorized in an amendment to the 1996 Antiterrorism and
Effective Death Penalty Act.
Section 2003(d) clarifies that deposits into the Crime
Victims Fund remain available for intended uses under VOCA when
not expended immediately. This should quell concerns raised
regarding the effect of spending caps included in
appropriations bills last year and this. The appropriations'
actions were meant to defer spending, not to remove deposits
from the Fund. This provision makes that explicit.
Summary of S. 577--Twenty-First Amendment Enforcement Act
The purpose of S. 577 is to provide a mechanism to enable
States to effectively enforce their laws against the illegal
interstate shipment of alcoholic beverages. While Federal law
already prohibits the interstate shipment of alcohol in
violation of state law, unfortunately, that general prohibition
lacks any enforcement mechanism. S. 577 provides that mechanism
by permitting the Attorney General of a State, who has
reasonable cause to believe that his or her State laws
regulating the importation and transportation of alcohol are
being violated, to file an action in federal court for an
injunction to stop those illegal shipments.
S. 577 only reaches those that violate the law. It only
allows actions for an injunction if a person is ``engaged in''
or ``has engaged in'' an act that would constitute a violation
of a State law, but prohibits injunctions to restrain otherwise
lawful advertising. Additionally, S. 577 provides that no
preliminary injunctions could be obtained without: (1) proving
irreparable injury, and (2) a probability of success on the
merits. S. 577 also includes a provision on the ``Rules of
Construction,'' which states that the power conveyed by this
act is limited to the valid exercise of power vested in the
states under the 21st Amendment in accordance with Supreme
Court precedent and interpretation, and shall not be
interpreted to grant to states any additional power.
Benjamin Gilman,
Bill Goodling,
Chris Smith,
Henry J. Hyde,
Nancy L. Johnson,
Sam Gejdenson,
Tom Lantos,
Ben Cardin,
Managers on the Part of the House.
From the Committee on the Judiciary:
Orrin Hatch,
Strom Thurmond,
From the Committee on Foreign Relations:
Jesse Helms,
Sam Brownback,
Joe Biden,
Paul Wellstone,
Managers on the Part of the Senate.