Text: H.R.3244 — 106th Congress (1999-2000)All Bill Information (Except Text)

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Public Law No: 106-386 (10/28/2000)

 
[106th Congress Public Law 386]
[From the U.S. Government Printing Office]


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[DOCID: f:publ386.106]


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       VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000

[[Page 114 STAT. 1464]]

Public Law 106-386
106th Congress

                                 An Act


 
    To combat trafficking in persons, especially into the sex trade, 
   slavery, and involuntary servitude, to reauthorize certain Federal 
       programs to prevent violence against women, and for other 
            purposes. <<NOTE: Oct. 28, 2000 -  [H.R. 3244]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America <<NOTE: Victims of Trafficking and Violence 
Protection Act of 2000.>> in Congress assembled,

SECTION 1. <<NOTE: 22 USC 7101 note.>> SHORT TITLE.

    This Act may be cited as the ``Victims of Trafficking and Violence 
Protection Act of 2000''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions, as 
follows:
            (1) Division a.--Trafficking Victims Protection Act of 2000.
            (2) Division b.--Violence Against Women Act of 2000.
            (3) Division c.--Miscellaneous Provisions.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec.1.Short title.
Sec.2.Organization of Act into divisions; table of contents.

         DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000

Sec.101.Short title.
Sec.102.Purposes and findings.
Sec.103.Definitions.
Sec.104.Annual Country Reports on Human Rights Practices.
Sec.105.Interagency Task Force To Monitor and Combat Trafficking.
Sec.106.Prevention of trafficking.
Sec.107.Protection and assistance for victims of trafficking.
Sec.108.Minimum standards for the elimination of trafficking.
Sec.109.Assistance to foreign countries to meet minimum standards.
Sec.110.Actions against governments failing to meet minimum standards.
Sec.111.Actions against significant traffickers in persons.
Sec.112.Strengthening prosecution and punishment of traffickers.
Sec.113.Authorizations of appropriations.

             DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000

Sec.1001.Short title.
Sec.1002.Definitions.
Sec.1003.Accountability and oversight.

 TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

Sec.1101.Full faith and credit enforcement of protection orders.
Sec.1102.Role of courts.
Sec.1103.Reauthorization of STOP grants.
Sec.1104.Reauthorization of grants to encourage arrest policies.
Sec.1105.Reauthorization of rural domestic violence and child abuse 
           enforcement grants.
Sec.1106.National stalker and domestic violence reduction.

[[Page 114 STAT. 1465]]

Sec.1107.Amendments to domestic violence and stalking offenses.
Sec.1108.School and campus security.
Sec.1109.Dating violence.

         TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec.1201.Legal assistance for victims.
Sec.1202.Shelter services for battered women and children.
Sec.1203.Transitional housing assistance for victims of domestic 
           violence.
Sec.1204.National domestic violence hotline.
Sec.1205.Federal victims counselors.
Sec.1206.Study of State laws regarding insurance discrimination against 
           victims of violence against women.
Sec.1207.Study of workplace effects from violence against women.
Sec.1208.Study of unemployment compensation for victims of violence 
           against women.
Sec.1209.Enhancing protections for older and disabled women from 
           domestic 
           violence and sexual assault.

         TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec.1301.Safe havens for children pilot program.
Sec.1302.Reauthorization of victims of child abuse programs.
Sec.1303.Report on effects of parental kidnapping laws in domestic 
           violence cases.

   TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                              AGAINST WOMEN

Sec.1401.Rape prevention and education.
Sec.1402.Education and training to end violence against and abuse of 
           women with disabilities.
Sec.1403.Community initiatives.
Sec.1404.Development of research agenda identified by the Violence 
           Against Women Act of 1994.
Sec.1405.Standards, practice, and training for sexual assault forensic 
           examinations.
Sec.1406.Education and training for judges and court personnel.
Sec.1407.Domestic Violence Task Force.

                    TITLE V--BATTERED IMMIGRANT WOMEN

Sec.1501.Short title.
Sec.1502.Findings and purposes.
Sec.1503.Improved access to immigration protections of the Violence 
           Against Women Act of 1994 for battered immigrant women.
Sec.1504.Improved access to cancellation of removal and suspension of 
           deportation under the Violence Against Women Act of 1994.
Sec.1505.Offering equal access to immigration protections of the 
           Violence Against Women Act of 1994 for all qualified battered 
           immigrant self-petitioners.
Sec.1506.Restoring immigration protections under the Violence Against 
           Women Act of 1994.
Sec.1507.Remedying problems with implementation of the immigration 
           provisions of the Violence Against Women Act of 1994.
Sec.1508.Technical correction to qualified alien definition for battered 
           immigrants.
Sec.1509.Access to Cuban Adjustment Act for battered immigrant spouses 
           and 
           children.
Sec.1510.Access to the Nicaraguan Adjustment and Central American Relief 
           Act for battered spouses and children.
Sec.1511.Access to the Haitian Refugee Fairness Act of 1998 for battered 
           spouses and children.
Sec.1512.Access to services and legal representation for battered 
           immigrants.
Sec.1513.Protection for certain crime victims including victims of 
           crimes against women.

                         TITLE VI--MISCELLANEOUS

Sec.1601.Notice requirements for sexually violent offenders.
Sec.1602.Teen suicide prevention study.
Sec.1603.Decade of pain control and research.

                  DIVISION C--MISCELLANEOUS PROVISIONS

Sec.2001.Aimee's law.
Sec.2002.Payment of anti-terrorism judgments.
Sec.2003.Aid to victims of terrorism.
Sec.2004.Twenty-first amendment enforcement.

[[Page 114 STAT. 1466]]

   DIVISION <<NOTE: Trafficking Victims Protection Act of 2000.>> A--
TRAFFICKING VICTIMS PROTECTION ACT OF 2000

SEC. 101. <<NOTE: 22 USC 7101 note.>> SHORT TITLE.

    This division may be cited as the ``Trafficking Victims Protection 
Act of 2000''.

SEC. 102. <<NOTE: 22 USC 7101.>> PURPOSES AND FINDINGS.

    (a) Purposes.--The purposes of this division are to combat 
trafficking in persons, a contemporary manifestation of slavery whose 
victims are predominantly women and children, to ensure just and 
effective punishment of traffickers, and to protect their victims.
    (b) Findings.--Congress finds that:
            (1) As the 21st century begins, the degrading institution of 
        slavery continues throughout the world. Trafficking in persons 
        is a modern form of slavery, and it is the largest manifestation 
        of slavery today. At least 700,000 persons annually, primarily 
        women and children, are trafficked within or across 
        international borders. Approximately 50,000 women and children 
        are trafficked into the United States each year.
            (2) Many of these persons are trafficked into the 
        international sex trade, often by force, fraud, or coercion. The 
        sex industry has rapidly expanded over the past several decades. 
        It involves sexual exploitation of persons, predominantly women 
        and girls, involving activities related to prostitution, 
        pornography, sex tourism, and other commercial sexual services. 
        The low status of women in many parts of the world has 
        contributed to a burgeoning of the trafficking industry.
            (3) Trafficking in persons is not limited to the sex 
        industry. This growing transnational crime also includes forced 
        labor and involves significant violations of labor, public 
        health, and human rights standards worldwide.
            (4) Traffickers primarily target women and girls, who are 
        disproportionately affected by poverty, the lack of access to 
        education, chronic unemployment, discrimination, and the lack of 
        economic opportunities in countries of origin. Traffickers lure 
        women and girls into their networks through false promises of 
        decent working conditions at relatively good pay as nannies, 
        maids, dancers, factory workers, restaurant workers, sales 
        clerks, or models. Traffickers also buy children from poor 
        families and sell them into prostitution or into various types 
        of forced or bonded labor.
            (5) Traffickers often transport victims from their home 
        communities to unfamiliar destinations, including foreign 
        countries away from family and friends, religious institutions, 
        and other sources of protection and support, leaving the victims 
        defenseless and vulnerable.
            (6) Victims are often forced through physical violence to 
        engage in sex acts or perform slavery-like labor. Such force 
        includes rape and other forms of sexual abuse, torture, 
        starvation, imprisonment, threats, psychological abuse, and 
        coercion.
            (7) Traffickers often make representations to their victims 
        that physical harm may occur to them or others should the victim 
        escape or attempt to escape. Such representations can

[[Page 114 STAT. 1467]]

        have the same coercive effects on victims as direct threats to 
        inflict such harm.
            (8) Trafficking in persons is increasingly perpetrated by 
        organized, sophisticated criminal enterprises. Such trafficking 
        is the fastest growing source of profits for organized criminal 
        enterprises worldwide. Profits from the trafficking industry 
        contribute to the expansion of organized crime in the United 
        States and worldwide. Trafficking in persons is often aided by 
        official corruption in countries of origin, transit, and 
        destination, thereby threatening the rule of law.
            (9) Trafficking includes all the elements of the crime of 
        forcible rape when it involves the involuntary participation of 
        another person in sex acts by means of fraud, force, or 
        coercion.
            (10) Trafficking also involves violations of other laws, 
        including labor and immigration codes and laws against 
        kidnapping, slavery, false imprisonment, assault, battery, 
        pandering, fraud, and extortion.
            (11) Trafficking exposes victims to serious health risks. 
        Women and children trafficked in the sex industry are exposed to 
        deadly diseases, including HIV and AIDS. Trafficking victims are 
        sometimes worked or physically brutalized to death.
            (12) Trafficking in persons substantially affects interstate 
        and foreign commerce. Trafficking for such purposes as 
        involuntary servitude, peonage, and other forms of forced labor 
        has an impact on the nationwide employment network and labor 
        market. Within the context of slavery, servitude, and labor or 
        services which are obtained or maintained through coercive 
        conduct that amounts to a condition of servitude, victims are 
        subjected to a range of violations.
            (13) Involuntary servitude statutes are intended to reach 
        cases in which persons are held in a condition of servitude 
        through nonviolent coercion. In United States v. Kozminski, 487 
        U.S. 931 (1988), the Supreme Court found that section 1584 of 
        title 18, United States Code, should be narrowly interpreted, 
        absent a definition of involuntary servitude by Congress. As a 
        result, that section was interpreted to criminalize only 
        servitude that is brought about through use or threatened use of 
        physical or legal coercion, and to exclude other conduct that 
        can have the same purpose and effect.
            (14) Existing legislation and law enforcement in the United 
        States and other countries are inadequate to deter trafficking 
        and bring traffickers to justice, failing to reflect the gravity 
        of the offenses involved. No comprehensive law exists in the 
        United States that penalizes the range of offenses involved in 
        the trafficking scheme. Instead, even the most brutal instances 
        of trafficking in the sex industry are often punished under laws 
        that also apply to lesser offenses, so that traffickers 
        typically escape deserved punishment.
            (15) In the United States, the seriousness of this crime and 
        its components is not reflected in current sentencing 
        guidelines, resulting in weak penalties for convicted 
        traffickers.
            (16) In some countries, enforcement against traffickers is 
        also hindered by official indifference, by corruption, and 
        sometimes even by official participation in trafficking.

[[Page 114 STAT. 1468]]

            (17) Existing laws often fail to protect victims of 
        trafficking, and because victims are often illegal immigrants in 
        the destination country, they are repeatedly punished more 
        harshly than the traffickers themselves.
            (18) Additionally, adequate services and facilities do not 
        exist to meet victims' needs regarding health care, housing, 
        education, and legal assistance, which safely reintegrate 
        trafficking victims into their home countries.
            (19) Victims of severe forms of trafficking should not be 
        inappropriately incarcerated, fined, or otherwise penalized 
        solely for unlawful acts committed as a direct result of being 
        trafficked, such as using false documents, entering the country 
        without documentation, or working without documentation.
            (20) Because victims of trafficking are frequently 
        unfamiliar with the laws, cultures, and languages of the 
        countries into which they have been trafficked, because they are 
        often subjected to coercion and intimidation including physical 
        detention and debt bondage, and because they often fear 
        retribution and forcible removal to countries in which they will 
        face retribution or other hardship, these victims often find it 
        difficult or impossible to report the crimes committed against 
        them or to assist in the investigation and prosecution of such 
        crimes.
            (21) Trafficking of persons is an evil requiring concerted 
        and vigorous action by countries of origin, transit or 
        destination, and by international organizations.
            (22) One of the founding documents of the United States, the 
        Declaration of Independence, recognizes the inherent dignity and 
        worth of all people. It states that all men are created equal 
        and that they are endowed by their Creator with certain 
        unalienable rights. The right to be free from slavery and 
        involuntary servitude is among those unalienable rights. 
        Acknowledging this fact, the United States outlawed slavery and 
        involuntary servitude in 1865, recognizing them as evil 
        institutions that must be abolished. Current practices of sexual 
        slavery and trafficking of women and children are similarly 
        abhorrent to the principles upon which the United States was 
        founded.
            (23) The United States and the international community agree 
        that trafficking in persons involves grave violations of human 
        rights and is a matter of pressing international concern. The 
        international community has repeatedly condemned slavery and 
        involuntary servitude, violence against women, and other 
        elements of trafficking, through declarations, treaties, and 
        United Nations resolutions and reports, including the Universal 
        Declaration of Human Rights; the 1956 Supplementary Convention 
        on the Abolition of Slavery, the Slave Trade, and Institutions 
        and Practices Similar to Slavery; the 1948 American Declaration 
        on the Rights and Duties of Man; the 1957 Abolition of Forced 
        Labor Convention; the International Covenant on Civil and 
        Political Rights; the Convention Against Torture and Other 
        Cruel, Inhuman or Degrading Treatment or Punishment; United 
        Nations General Assembly Resolutions 50/167, 51/66, and 52/98; 
        the Final Report of the World Congress against Sexual 
        Exploitation of Children (Stockholm, 1996); the Fourth World 
        Conference on Women (Beijing, 1995); and the 1991 Moscow 
        Document of the Organization for Security and Cooperation in 
        Europe.

[[Page 114 STAT. 1469]]

            (24) Trafficking in persons is a transnational crime with 
        national implications. To deter international trafficking and 
        bring its perpetrators to justice, nations including the United 
        States must recognize that trafficking is a serious offense. 
        This is done by prescribing appropriate punishment, giving 
        priority to the prosecution of trafficking offenses, and 
        protecting rather than punishing the victims of such offenses. 
        The United States must work bilaterally and multilaterally to 
        abolish the trafficking industry by taking steps to promote 
        cooperation among countries linked together by international 
        trafficking routes. The United States must also urge the 
        international community to take strong action in multilateral 
        fora to engage recalcitrant countries in serious and sustained 
        efforts to eliminate trafficking and protect trafficking 
        victims.

SEC. 103. <<NOTE: 22 USC 7102.>> DEFINITIONS.

    In this division:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations and the Committee on the Judiciary of the 
        Senate and the Committee on International Relations and the 
        Committee on the Judiciary of the House of Representatives.
            (2) Coercion.--The term ``coercion'' means--
                    (A) threats of serious harm to or physical restraint 
                against any person;
                    (B) any scheme, plan, or pattern intended to cause a 
                person to believe that failure to perform an act would 
                result in serious harm to or physical restraint against 
                any person; or
                    (C) the abuse or threatened abuse of the legal 
                process.
            (3) Commercial sex act.--The term ``commercial sex act'' 
        means any sex act on account of which anything of value is given 
        to or received by any person.
            (4) Debt bondage.--The term ``debt bondage'' means the 
        status or condition of a debtor arising from a pledge by the 
        debtor of his or her personal services or of those of a person 
        under his or her control as a security for debt, if the value of 
        those services as reasonably assessed is not applied toward the 
        liquidation of the debt or the length and nature of those 
        services are not respectively limited and defined.
            (5) Involuntary servitude.--The term ``involuntary 
        servitude'' includes a condition of servitude induced by means 
        of--
                    (A) any scheme, plan, or pattern intended to cause a 
                person to believe that, if the person did not enter into 
                or continue in such condition, that person or another 
                person would suffer serious harm or physical restraint; 
                or
                    (B) the abuse or threatened abuse of the legal 
                process.
            (6) Minimum standards for the elimination of trafficking.--
        The term ``minimum standards for the elimination of 
        trafficking'' means the standards set forth in section 108.
            (7) Nonhumanitarian, nontrade-related foreign assistance.--
        The term ``nonhumanitarian, nontrade-related foreign 
        assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961, other than--

[[Page 114 STAT. 1470]]

                          (i) assistance under chapter 4 of part II of 
                      that Act that is made available for any program, 
                      project, or activity eligible for assistance under 
                      chapter 1 of part I of that Act;
                          (ii) assistance under chapter 8 of part I of 
                      that Act;
                          (iii) any other narcotics-related assistance 
                      under part I of that Act or under chapter 4 or 5 
                      part II of that Act, but any such assistance 
                      provided under this clause shall be subject to the 
                      prior notification procedures applicable to 
                      reprogrammings pursuant to section 634A of that 
                      Act;
                          (iv) disaster relief assistance, including any 
                      assistance under chapter 9 of part I of that Act;
                          (v) antiterrorism assistance under chapter 8 
                      of part II of that Act;
                          (vi) assistance for refugees;
                          (vii) humanitarian and other development 
                      assistance in support of programs of 
                      nongovernmental organizations under chapters 1 and 
                      10 of that Act;
                          (viii) programs under title IV of chapter 2 of 
                      part I of that Act, relating to the Overseas 
                      Private Investment Corporation; and
                          (ix) other programs involving trade-related or 
                      humanitarian assistance; and
                    (B) sales, or financing on any terms, under the Arms 
                Export Control Act, other than sales or financing 
                provided for narcotics-related purposes following 
                notification in accordance with the prior notification 
                procedures applicable to reprogrammings pursuant to 
                section 634A of the Foreign Assistance Act of 1961.
            (8) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' means--
                    (A) sex trafficking in which a commercial sex act is 
                induced by force, fraud, or coercion, or in which the 
                person induced to perform such act has not attained 18 
                years of age; or
                    (B) the recruitment, harboring, transportation, 
                provision, or obtaining of a person for labor or 
                services, through the use of force, fraud, or coercion 
                for the purpose of subjection to involuntary servitude, 
                peonage, debt bondage, or slavery.
            (9) Sex trafficking.--The term ``sex trafficking'' means the 
        recruitment, harboring, transportation, provision, or obtaining 
        of a person for the purpose of a commercial sex act.
            (10) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, and territories and possessions of the United States.
            (11) Task force.--The term ``Task Force'' means the 
        Interagency Task Force to Monitor and Combat Trafficking 
        established under section 105.
            (12) United states.--The term ``United States'' means the 
        fifty States of the United States, the District of Columbia,

[[Page 114 STAT. 1471]]

        the Commonwealth of Puerto Rico, the Virgin Islands, American 
        Samoa, Guam, the Commonwealth of the Northern Mariana Islands, 
        and the territories and possessions of the United States.
            (13) Victim of a severe form of trafficking.--The term 
        ``victim of a severe form of trafficking'' means a person 
        subject to an act or practice described in paragraph (8).
            (14) Victim of trafficking.--The term ``victim of 
        trafficking'' means a person subjected to an act or practice 
        described in paragraph (8) or (9).

SEC. 104. <<NOTE: 22 USC 2151n.>> ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 
            PRACTICES.

    (a) Countries Receiving Economic Assistance.--Section 116(f ) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151(f )) is amended to read 
as follows:
    ``(f )(1) The report required by subsection (d) shall include the 
following:
            ``(A) A description of the nature and extent of severe forms 
        of trafficking in persons, as defined in section 103 of the 
        Trafficking Victims Protection Act of 2000, in each foreign 
        country.
            ``(B) With respect to each country that is a country of 
        origin, transit, or destination for victims of severe forms of 
        trafficking in persons, an assessment of the efforts by the 
        government of that country to combat such trafficking. The 
        assessment shall address the following:
                    ``(i) Whether government authorities in that country 
                participate in, facilitate, or condone such trafficking.
                    ``(ii) Which government authorities in that country 
                are involved in activities to combat such trafficking.
                    ``(iii) What steps the government of that country 
                has taken to prohibit government officials from 
                participating in, facilitating, or condoning such 
                trafficking, including the investigation, prosecution, 
                and conviction of such officials.
                    ``(iv) What steps the government of that country has 
                taken to prohibit other individuals from participating 
                in such trafficking, including the investigation, 
                prosecution, and conviction of individuals involved in 
                severe forms of trafficking in persons, the criminal and 
                civil penalties for such trafficking, and the efficacy 
                of those penalties in eliminating or reducing such 
                trafficking.
                    ``(v) What steps the government of that country has 
                taken to assist victims of such trafficking, including 
                efforts to prevent victims from being further victimized 
                by traffickers, government officials, or others, grants 
                of relief from deportation, and provision of 
                humanitarian relief, including provision of mental and 
                physical health care and shelter.
                    ``(vi) Whether the government of that country is 
                cooperating with governments of other countries to 
                extradite traffickers when requested, or, to the extent 
                that such cooperation would be inconsistent with the 
                laws of such country or with extradition treaties to 
                which such country is a party, whether the government of 
                that country is taking all appropriate measures to 
                modify or replace such laws and treaties so as to permit 
                such cooperation.
                    ``(vii) Whether the government of that country is 
                assisting in international investigations of 
                transnational

[[Page 114 STAT. 1472]]

                trafficking networks and in other cooperative efforts to 
                combat severe forms of trafficking in persons.
                    ``(viii) Whether the government of that country 
                refrains from prosecuting victims of severe forms of 
                trafficking in persons due to such victims having been 
                trafficked, and refrains from other discriminatory 
                treatment of such victims.
                    ``(ix) Whether the government of that country 
                recognizes the rights of victims of severe forms of 
                trafficking in persons and ensures their access to 
                justice.
            ``(C) Such other information relating to trafficking in 
        persons as the Secretary of State considers appropriate.

    ``(2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic mission personnel shall consult 
with human rights organizations and other appropriate nongovernmental 
organizations.''.
    (b) Countries Receiving Security Assistance.--Section 502B of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended by adding at 
the end the following new subsection:
    ``(h)(1) The report required by subsection (b) shall include the 
following:
            ``(A) A description of the nature and extent of severe forms 
        of trafficking in persons, as defined in section 103 of the 
        Trafficking Victims Protection Act of 2000, in each foreign 
        country.
            ``(B) With respect to each country that is a country of 
        origin, transit, or destination for victims of severe forms of 
        trafficking in persons, an assessment of the efforts by the 
        government of that country to combat such trafficking. The 
        assessment shall address the following:
                    ``(i) Whether government authorities in that country 
                participate in, facilitate, or condone such trafficking.
                    ``(ii) Which government authorities in that country 
                are involved in activities to combat such trafficking.
                    ``(iii) What steps the government of that country 
                has taken to prohibit government officials from 
                participating in, facilitating, or condoning such 
                trafficking, including the investigation, prosecution, 
                and conviction of such officials.
                    ``(iv) What steps the government of that country has 
                taken to prohibit other individuals from participating 
                in such trafficking, including the investigation, 
                prosecution, and conviction of individuals involved in 
                severe forms of trafficking in persons, the criminal and 
                civil penalties for such trafficking, and the efficacy 
                of those penalties in eliminating or reducing such 
                trafficking.
                    ``(v) What steps the government of that country has 
                taken to assist victims of such trafficking, including 
                efforts to prevent victims from being further victimized 
                by traffickers, government officials, or others, grants 
                of relief from deportation, and provision of 
                humanitarian relief, including provision of mental and 
                physical health care and shelter.
                    ``(vi) Whether the government of that country is 
                cooperating with governments of other countries to 
                extradite traffickers when requested, or, to the extent 
                that such cooperation would be inconsistent with the 
                laws of such country or with extradition treaties to 
                which such country is a party, whether the government of 
                that country is taking

[[Page 114 STAT. 1473]]

                all appropriate measures to modify or replace such laws 
                and treaties so as to permit such cooperation.
                    ``(vii) Whether the government of that country is 
                assisting in international investigations of 
                transnational trafficking networks and in other 
                cooperative efforts to combat severe forms of 
                trafficking in persons.
                    ``(viii) Whether the government of that country 
                refrains from prosecuting victims of severe forms of 
                trafficking in persons due to such victims having been 
                trafficked, and refrains from other discriminatory 
                treatment of such victims.
                    ``(ix) Whether the government of that country 
                recognizes the rights of victims of severe forms of 
                trafficking in persons and ensures their access to 
                justice.
            ``(C) Such other information relating to trafficking in 
        persons as the Secretary of State considers appropriate.

    ``(2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic mission personnel shall consult 
with human rights organizations and other appropriate nongovernmental 
organizations.''.

SEC. 105. <<NOTE: 22 USC 7103.>> INTERAGENCY TASK FORCE TO MONITOR AND 
            COMBAT TRAFFICKING.

    (a) Establishment.--The <<NOTE: President.>> President shall 
establish an Interagency Task Force to Monitor and Combat Trafficking.

    (b) Appointment.--The President shall appoint the members of the 
Task Force, which shall include the Secretary of State, the 
Administrator of the United States Agency for International Development, 
the Attorney General, the Secretary of Labor, the Secretary of Health 
and Human Services, the Director of Central Intelligence, and such other 
officials as may be designated by the President.
    (c) Chairman.--The Task Force shall be chaired by the Secretary of 
State.
    (d) Activities of the Task Force.--The Task Force shall carry out 
the following activities:
            (1) Coordinate the implementation of this division.
            (2) Measure and evaluate progress of the United States and 
        other countries in the areas of trafficking prevention, 
        protection, and assistance to victims of trafficking, and 
        prosecution and enforcement against traffickers, including the 
        role of public corruption in facilitating trafficking. The Task 
        Force shall have primary responsibility for assisting the 
        Secretary of State in the preparation of the reports described 
        in section 110.
            (3) Expand interagency procedures to collect and organize 
        data, including significant research and resource information on 
        domestic and international trafficking. Any data collection 
        procedures established under this subsection shall respect the 
        confidentiality of victims of trafficking.
            (4) Engage in efforts to facilitate cooperation among 
        countries of origin, transit, and destination. Such efforts 
        shall aim to strengthen local and regional capacities to prevent 
        trafficking, prosecute traffickers and assist trafficking 
        victims, and shall include initiatives to enhance cooperative 
        efforts between destination countries and countries of origin 
        and assist in the appropriate reintegration of stateless victims 
        of trafficking.

[[Page 114 STAT. 1474]]

            (5) Examine the role of the international ``sex tourism'' 
        industry in the trafficking of persons and in the sexual 
        exploitation of women and children around the world.
            (6) Engage in consultation and advocacy with governmental 
        and nongovernmental organizations, among other entities, to 
        advance the purposes of this division.

    (e) Support for the Task Force.--The Secretary of State is 
authorized to establish within the Department of State an Office to 
Monitor and Combat Trafficking, which shall provide assistance to the 
Task Force. Any such Office shall be headed by a Director. The Director 
shall have the primary responsibility for assisting the Secretary of 
State in carrying out the purposes of this division and may have 
additional responsibilities as determined by the Secretary. The Director 
shall consult with nongovernmental organizations and multilateral 
organizations, and with trafficking victims or other affected persons. 
The Director shall have the authority to take evidence in public 
hearings or by other means. The agencies represented on the Task Force 
are authorized to provide staff to the Office on a nonreimbursable 
basis.

SEC. 106. <<NOTE: 22 USC 7104.>> PREVENTION OF TRAFFICKING.

    (a) Economic Alternatives To Prevent and Deter Trafficking.--The 
President shall establish and carry out international initiatives to 
enhance economic opportunity for potential victims of trafficking as a 
method to deter trafficking. Such initiatives may include--
            (1) microcredit lending programs, training in business 
        development, skills training, and job counseling;
            (2) programs to promote women's participation in economic 
        decisionmaking;
            (3) programs to keep children, especially girls, in 
        elementary and secondary schools, and to educate persons who 
        have been victims of trafficking;
            (4) development of educational curricula regarding the 
        dangers of trafficking; and
            (5) grants to nongovernmental organizations to accelerate 
        and advance the political, economic, social, and educational 
        roles and capacities of women in their countries.

    (b) Public Awareness and Information.--The President, acting through 
the Secretary of Labor, the Secretary of Health and Human Services, the 
Attorney General, and the Secretary of State, shall establish and carry 
out programs to increase public awareness, particularly among potential 
victims of trafficking, of the dangers of trafficking and the 
protections that are available for victims of trafficking.
    (c) Consultation Requirement.--The President shall consult with 
appropriate nongovernmental organizations with respect to the 
establishment and conduct of initiatives described in subsections (a) 
and (b).

SEC. 107. <<NOTE: 22 USC 7105.>> PROTECTION AND ASSISTANCE FOR VICTIMS 
            OF TRAFFICKING.

    (a) Assistance for Victims in Other Countries.--
            (1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for International 
        Development, in consultation with appropriate nongovernmental 
        organizations, shall establish and carry out programs and 
        initiatives in foreign countries to assist in the safe 
        integration,

[[Page 114 STAT. 1475]]

        reintegration, or resettlement, as appropriate, of victims of 
        trafficking. Such programs and initiatives shall be designed to 
        meet the appropriate assistance needs of such persons and their 
        children, as identified by the Task Force.
            (2) Additional requirement.--In establishing and conducting 
        programs and initiatives described in paragraph (1), the 
        Secretary of State and the Administrator of the United States 
        Agency for International Development shall take all appropriate 
        steps to enhance cooperative efforts among foreign countries, 
        including countries of origin of victims of trafficking, to 
        assist in the integration, reintegration, or resettlement, as 
        appropriate, of victims of trafficking, including stateless 
        victims.

    (b) Victims in the United States.--
            (1) Assistance.--
                    (A) Eligibility for benefits and services.--
                Notwithstanding title IV of the Personal Responsibility 
                and Work Opportunity Reconciliation Act of 1996, an 
                alien who is a victim of a severe form of trafficking in 
                persons shall be eligible for benefits and services 
                under any Federal or State program or activity funded or 
                administered by any official or agency described in 
                subparagraph (B) to the same extent as an alien who is 
                admitted to the United States as a refugee under section 
                207 of the Immigration and Nationality Act.
                    (B) Requirement to expand benefits and services.--
                Subject to subparagraph (C) and, in the case of 
                nonentitlement programs, to the availability of 
                appropriations, the Secretary of Health and Human 
                Services, the Secretary of Labor, the Board of Directors 
                of the Legal Services Corporation, and the heads of 
                other Federal agencies shall expand benefits and 
                services to victims of severe forms of trafficking in 
                persons in the United States, without regard to the 
                immigration status of such victims.
                    (C) Definition of victim of a severe form of 
                trafficking in persons.--For the purposes of this 
                paragraph, the term ``victim of a severe form of 
                trafficking in persons'' means only a person--
                          (i) who has been subjected to an act or 
                      practice described in section 103(8) as in effect 
                      on the date of the enactment of this Act; and
                          (ii)(I) who has not attained 18 years of age; 
                      or
                          (II) who is the subject of a certification 
                      under subparagraph (E).
                    (D) Annual report.--Not <<NOTE: Deadline.>> later 
                than December 31 of each year, the Secretary of Health 
                and Human Services, in consultation with the Secretary 
                of Labor, the Board of Directors of the Legal Services 
                Corporation, and the heads of other appropriate Federal 
                agencies shall submit a report, which includes 
                information on the number of persons who received 
                benefits or other services under this paragraph in 
                connection with programs or activities funded or 
                administered by such agencies or officials during the 
                preceding fiscal year, to the Committee on Ways and 
                Means, the Committee on International Relations, and the 
                Committee on the Judiciary of the House of 
                Representatives and the Committee on Finance, the 
                Committee on Foreign

[[Page 114 STAT. 1476]]

                Relations, and the Committee on the Judiciary of the 
                Senate.
                    (E) Certification.--
                          (i) In general.--Subject to clause (ii), the 
                      certification referred to in subparagraph (C) is a 
                      certification by the Secretary of Health and Human 
                      Services, after consultation with the Attorney 
                      General, that the person referred to in 
                      subparagraph (C)(ii)(II)--
                                    (I) is willing to assist in every 
                                reasonable way in the investigation and 
                                prosecution of severe forms of 
                                trafficking in persons; and
                                    (II)(aa) has made a bona fide 
                                application for a visa under section 
                                101(a)(15)(T) of the Immigration and 
                                Nationality Act, as added by subsection 
                                (e), that has not been denied; or
                                    (bb) is a person whose continued 
                                presence in the United States the 
                                Attorney General is ensuring in order to 
                                effectuate prosecution of traffickers in 
                                persons.
                          (ii) Period of effectiveness.--A certification 
                      referred to in subparagraph (C), with respect to a 
                      person described in clause (i)(II)(bb), shall be 
                      effective only for so long as the Attorney General 
                      determines that the continued presence of such 
                      person is necessary to effectuate prosecution of 
                      traffickers in persons.
                          (iii) Investigation and prosecution defined.--
                      For the purpose of a certification under this 
                      subparagraph, the term ``investigation and 
                      prosecution'' includes--
                                    (I) identification of a person or 
                                persons who have committed severe forms 
                                of trafficking in persons;
                                    (II) location and apprehension of 
                                such persons; and
                                    (III) testimony at proceedings 
                                against such persons.
            (2) Grants.--
                    (A) In general.--Subject to the availability of 
                appropriations, the Attorney General may make grants to 
                States, Indian tribes, units of local government, and 
                nonprofit, nongovernmental victims' service 
                organizations to develop, expand, or strengthen victim 
                service programs for victims of trafficking.
                    (B) Allocation of grant funds.--Of amounts made 
                available for grants under this paragraph, there shall 
                be set aside--
                          (i) three percent for research, evaluation, 
                      and statistics;
                          (ii) two percent for training and technical 
                      assistance; and
                          (iii) one percent for management and 
                      administration.
                    (C) Limitation on federal share.--The Federal share 
                of a grant made under this paragraph may not exceed 75 
                percent of the total costs of the projects described in 
                the application submitted.

[[Page 114 STAT. 1477]]

    (c) Trafficking Victim Regulations.--Not <<NOTE: Deadline.>> later 
than 180 days after the date of the enactment of this Act, the Attorney 
General and the Secretary of State shall promulgate regulations for law 
enforcement personnel, immigration officials, and Department of State 
officials to implement the following:
            (1) Protections while in custody.--Victims of severe forms 
        of trafficking, while in the custody of the Federal Government 
        and to the extent practicable, shall--
                    (A) not be detained in facilities inappropriate to 
                their status as crime victims;
                    (B) receive necessary medical care and other 
                assistance; and
                    (C) be provided protection if a victim's safety is 
                at risk or if there is danger of additional harm by 
                recapture of the victim by a trafficker, including--
                          (i) taking measures to protect trafficked 
                      persons and their family members from intimidation 
                      and threats of reprisals and reprisals from 
                      traffickers and their associates; and
                          (ii) ensuring that the names and identifying 
                      information of trafficked persons and their family 
                      members are not disclosed to the public.
            (2) Access to information.--Victims of severe forms of 
        trafficking shall have access to information about their rights 
        and translation services.
            (3) Authority to permit continued presence in the united 
        states.--Federal law enforcement officials may permit an alien 
        individual's continued presence in the United States, if after 
        an assessment, it is determined that such individual is a victim 
        of a severe form of trafficking and a potential witness to such 
        trafficking, in order to effectuate prosecution of those 
        responsible, and such officials in investigating and prosecuting 
        traffickers shall protect the safety of trafficking victims, 
        including taking measures to protect trafficked persons and 
        their family members from intimidation, threats of reprisals, 
        and reprisals from traffickers and their associates.
            (4) Training of government personnel.--Appropriate personnel 
        of the Department of State and the Department of Justice shall 
        be trained in identifying victims of severe forms of trafficking 
        and providing for the protection of such victims.

    (d) Construction.--Nothing in subsection (c) shall be construed as 
creating any private cause of action against the United States or its 
officers or employees.
    (e) Protection From Removal for Certain Crime Victims.--
            (1) In general.--Section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (R);
                    (B) by striking the period at the end of 
                subparagraph (S) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(T)(i) subject to section 214(n), an alien who the 
                Attorney General determines--
                          ``(I) is or has been a victim of a severe form 
                      of trafficking in persons, as defined in section 
                      103 of the Trafficking Victims Protection Act of 
                      2000,

[[Page 114 STAT. 1478]]

                          ``(II) is physically present in the United 
                      States, American Samoa, or the Commonwealth of the 
                      Northern Mariana Islands, or at a port of entry 
                      thereto, on account of such trafficking,
                          ``(III)(aa) has complied with any reasonable 
                      request for assistance in the investigation or 
                      prosecution of acts of trafficking, or
                          ``(bb) has not attained 15 years of age, and
                          ``(IV) the alien would suffer extreme hardship 
                      involving unusual and severe harm upon removal; 
                      and
                    ``(ii) if the Attorney General considers it 
                necessary to avoid extreme hardship--
                          ``(I) in the case of an alien described in 
                      clause (i) who is under 21 years of age, the 
                      spouse, children, and parents of such alien; and
                          ``(II) in the case of an alien described in 
                      clause (i) who is 21 years of age or older, the 
                      spouse and children of such alien,
                if accompanying, or following to join, the alien 
                described in clause (i).''.
            (2) Conditions of nonimmigrant status.--Section 214 of the 
        Immigration and Nationality Act (8 U.S.C. 1184) is amended--
                    (A) by redesignating the subsection (l) added by 
                section 625(a) of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (Public Law 104-
                208; 110 Stat. 3009-1820) as subsection (m); and
                    (B) by adding at the end the following:

    ``(n)(1) No alien shall be eligible for admission to the United 
States under section 101(a)(15)(T) if there is substantial reason to 
believe that the alien has committed an act of a severe form of 
trafficking in persons (as defined in section 103 of the Trafficking 
Victims Protection Act of 2000).
    ``(2) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year under 
section 101(a)(15)(T) may not exceed 5,000.
    ``(3) The numerical limitation of paragraph (2) shall only apply to 
principal aliens and not to the spouses, sons, daughters, or parents of 
such aliens.''.
            (3) Waiver of grounds for ineligibility for admission.--
        Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 
        1182(d)) is amended by adding at the end the following:

    ``(13)(A) The Attorney General shall determine whether a ground for 
inadmissibility exists with respect to a nonimmigrant described in 
section 101(a)(15)(T).
    ``(B) In addition to any other waiver that may be available under 
this section, in the case of a nonimmigrant described in section 
101(a)(15)(T), if the Attorney General considers it to be in the 
national interest to do so, the Attorney General, in the Attorney 
General's discretion, may waive the application of--
            ``(i) paragraphs (1) and (4) of subsection (a); and
            ``(ii) any other provision of such subsection (excluding 
        paragraphs (3), (10)(C), and (10(E)) if the activities rendering 
        the alien inadmissible under the provision were caused by, or 
        were incident to, the victimization described in section 
        101(a)(15)(T)(i)(I).''.

[[Page 114 STAT. 1479]]

            (4) Duties of the attorney general with respect to ``t'' 
        visa nonimmigrants.--Section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101) is amended by adding at the end 
        the following new subsection:

    ``(i) With respect to each nonimmigrant alien described in 
subsection (a)(15)(T)(i)--
            ``(1) the Attorney General and other Government officials, 
        where appropriate, shall provide the alien with a referral to a 
        nongovernmental organization that would advise the alien 
        regarding the alien's options while in the United States and the 
        resources available to the alien; and
            ``(2) the Attorney General shall, during the period the 
        alien is in lawful temporary resident status under that 
        subsection, grant the alien authorization to engage in 
        employment in the United States and provide the alien with an 
        `employment authorized' endorsement or other appropriate work 
        permit.''.
            (5) Statutory construction.--Nothing in this section, or in 
        the amendments made by this section, shall be construed as 
        prohibiting the Attorney General from instituting removal 
        proceedings under section 240 of the Immigration and Nationality 
        Act (8 U.S.C. 1229a) against an alien admitted as a nonimmigrant 
        under section 101(a)(15)(T)(i) of that Act, as added by 
        subsection (e), for conduct committed after the alien's 
        admission into the United States, or for conduct or a condition 
        that was not disclosed to the Attorney General prior to the 
        alien's admission as a nonimmigrant under such section 
        101(a)(15)(T)(i).

    (f ) Adjustment to Permanent Resident Status.--Section 245 of such 
Act (8 U.S.C 1255) is amended by adding at the end the following new 
subsection:
    ``(l)(1) If, in the opinion of the Attorney General, a nonimmigrant 
admitted into the United States under section 101(a)(15)(T)(i)--
            ``(A) has been physically present in the United States for a 
        continuous period of at least 3 years since the date of 
        admission as a nonimmigrant under section 101(a)(15)(T)(i),
            ``(B) has, throughout such period, been a person of good 
        moral character, and
            ``(C)(i) has, during such period, complied with any 
        reasonable request for assistance in the investigation or 
        prosecution of acts of trafficking, or
            ``(ii) the alien would suffer extreme hardship involving 
        unusual and severe harm upon removal from the United States,

the Attorney General may adjust the status of the alien (and any person 
admitted under that section as the spouse, parent, or child of the 
alien) to that of an alien lawfully admitted for permanent residence.
    ``(2) Paragraph (1) shall not apply to an alien admitted under 
section 101(a)(15)(T) who is inadmissible to the United States by reason 
of a ground that has not been waived under section 212, except that, if 
the Attorney General considers it to be in the national interest to do 
so, the Attorney General, in the Attorney General's discretion, may 
waive the application of--
            ``(A) paragraphs (1) and (4) of section 212(a); and
            ``(B) any other provision of such section (excluding 
        paragraphs (3), (10)(C), and (10(E)), if the activities 
        rendering the alien inadmissible under the provision were caused 
        by, or were

[[Page 114 STAT. 1480]]

        incident to, the victimization described in section 
        101(a)(15)(T)(i)(I).

    ``(2) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under paragraph (1)(A) 
if the alien has departed from the United States for any period in 
excess of 90 days or for any periods in the aggregate exceeding 180 
days.
    ``(3)(A) The total number of aliens whose status may be adjusted 
under paragraph (1) during any fiscal year may not exceed 5,000.
    ``(B) The numerical limitation of subparagraph (A) shall only apply 
to principal aliens and not to the spouses, sons, daughters, or parents 
of such aliens.
    ``(4) Upon the approval of adjustment of status under paragraph (1), 
the Attorney General shall record the alien's lawful admission for 
permanent residence as of the date of such approval.''.
    (g) Annual Reports.--On or before October 31 of each year, the 
Attorney General shall submit a report to the appropriate congressional 
committees setting forth, with respect to the preceding fiscal year, the 
number, if any, of otherwise eligible applicants who did not receive 
visas under section 101(a)(15)(T) of the Immigration and Nationality 
Act, as added by subsection (e), or who were unable to adjust their 
status under section 245(l) of such Act, solely on account of the 
unavailability of visas due to a limitation imposed by section 214(n)(1) 
or 245(l)(4)(A) of such Act.

SEC. 108. <<NOTE: 22 USC 7106.>> MINIMUM STANDARDS FOR THE ELIMINATION 
            OF TRAFFICKING.

    (a) Minimum Standards.--For purposes of this division, the minimum 
standards for the elimination of trafficking applicable to the 
government of a country of origin, transit, or destination for a 
significant number of victims of severe forms of trafficking are the 
following:
            (1) The government of the country should prohibit severe 
        forms of trafficking in persons and punish acts of such 
        trafficking.
            (2) For the knowing commission of any act of sex trafficking 
        involving force, fraud, coercion, or in which the victim of sex 
        trafficking is a child incapable of giving meaningful consent, 
        or of trafficking which includes rape or kidnapping or which 
        causes a death, the government of the country should prescribe 
        punishment commensurate with that for grave crimes, such as 
        forcible sexual assault.
            (3) For the knowing commission of any act of a severe form 
        of trafficking in persons, the government of the country should 
        prescribe punishment that is sufficiently stringent to deter and 
        that adequately reflects the heinous nature of the offense.
            (4) The government of the country should make serious and 
        sustained efforts to eliminate severe forms of trafficking in 
        persons.

    (b) Criteria.--In determinations under subsection (a)(4), the 
following factors should be considered as indicia of serious and 
sustained efforts to eliminate severe forms of trafficking in persons:
            (1) Whether the government of the country vigorously 
        investigates and prosecutes acts of severe forms of trafficking

[[Page 114 STAT. 1481]]

        in persons that take place wholly or partly within the territory 
        of the country.
            (2) Whether the government of the country protects victims 
        of severe forms of trafficking in persons and encourages their 
        assistance in the investigation and prosecution of such 
        trafficking, including provisions for legal alternatives to 
        their removal to countries in which they would face retribution 
        or hardship, and ensures that victims are not inappropriately 
        incarcerated, fined, or otherwise penalized solely for unlawful 
        acts as a direct result of being trafficked.
            (3) Whether the government of the country has adopted 
        measures to prevent severe forms of trafficking in persons, such 
        as measures to inform and educate the public, including 
        potential victims, about the causes and consequences of severe 
        forms of trafficking in persons.
            (4) Whether the government of the country cooperates with 
        other governments in the investigation and prosecution of severe 
        forms of trafficking in persons.
            (5) Whether the government of the country extradites persons 
        charged with acts of severe forms of trafficking in persons on 
        substantially the same terms and to substantially the same 
        extent as persons charged with other serious crimes (or, to the 
        extent such extradition would be inconsistent with the laws of 
        such country or with international agreements to which the 
        country is a party, whether the government is taking all 
        appropriate measures to modify or replace such laws and treaties 
        so as to permit such extradition).
            (6) Whether the government of the country monitors 
        immigration and emigration patterns for evidence of severe forms 
        of trafficking in persons and whether law enforcement agencies 
        of the country respond to any such evidence in a manner that is 
        consistent with the vigorous investigation and prosecution of 
        acts of such trafficking, as well as with the protection of 
        human rights of victims and the internationally recognized human 
        right to leave any country, including one's own, and to return 
        to one's own country.
            (7) Whether the government of the country vigorously 
        investigates and prosecutes public officials who participate in 
        or facilitate severe forms of trafficking in persons, and takes 
        all appropriate measures against officials who condone such 
        trafficking.

SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.

    Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq.) is amended by adding at the end the following new section:

``SEC. 134. <<NOTE: 22 USC 2152d.>> ASSISTANCE TO FOREIGN COUNTRIES TO 
            MEET MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    ``(a) Authorization.--The President is authorized to provide 
assistance to foreign countries directly, or through nongovernmental and 
multilateral organizations, for programs, projects, and activities 
designed to meet the minimum standards for the elimination of 
trafficking (as defined in section 103 of the Trafficking Victims 
Protection Act of 2000), including--
            ``(1) the drafting of laws to prohibit and punish acts of 
        trafficking;

[[Page 114 STAT. 1482]]

            ``(2) the investigation and prosecution of traffickers;
            ``(3) the creation and maintenance of facilities, programs, 
        projects, and activities for the protection of victims; and
            ``(4) the expansion of exchange programs and international 
        visitor programs for governmental and nongovernmental personnel 
        to combat trafficking.

    ``(b) Funding.--Amounts made available to carry out the other 
provisions of this part (including chapter 4 of part II of this Act) and 
the Support for East European Democracy (SEED) Act of 1989 shall be made 
available to carry out this section.''.

SEC. 110. <<NOTE: 22 USC 7107.>> ACTIONS AGAINST GOVERNMENTS FAILING TO 
            MEET MINIMUM STANDARDS.

    (a) Statement of Policy.--It is the policy of the United States not 
to provide nonhumanitarian, nontrade-related foreign assistance to any 
government that--
            (1) does not comply with minimum standards for the 
        elimination of trafficking; and
            (2) is not making significant efforts to bring itself into 
        compliance with such standards.

    (b) Reports to Congress.--
            (1) Annual report.--Not <<NOTE: Deadline.>> later than June 
        1 of each year, the Secretary of State shall submit to the 
        appropriate congressional committees a report with respect to 
        the status of severe forms of trafficking in persons that shall 
        include--
                    (A) a list of those countries, if any, to which the 
                minimum standards for the elimination of trafficking are 
                applicable and whose governments fully comply with such 
                standards;
                    (B) a list of those countries, if any, to which the 
                minimum standards for the elimination of trafficking are 
                applicable and whose governments do not yet fully comply 
                with such standards but are making significant efforts 
                to bring themselves into compliance; and
                    (C) a list of those countries, if any, to which the 
                minimum standards for the elimination of trafficking are 
                applicable and whose governments do not fully comply 
                with such standards and are not making significant 
                efforts to bring themselves into compliance.
            (2) Interim reports.--In addition to the annual report under 
        paragraph (1), the Secretary of State may submit to the 
        appropriate congressional committees at any time one or more 
        interim reports with respect to the status of severe forms of 
        trafficking in persons, including information about countries 
        whose governments--
                    (A) have come into or out of compliance with the 
                minimum standards for the elimination of trafficking; or
                    (B) have begun or ceased to make significant efforts 
                to bring themselves into compliance,
        since the transmission of the last annual report.
            (3) Significant efforts.--In determinations under paragraph 
        (1) or (2) as to whether the government of a country is making 
        significant efforts to bring itself into compliance with the 
        minimum standards for the elimination of trafficking, the 
        Secretary of State shall consider--
                    (A) the extent to which the country is a country of 
                origin, transit, or destination for severe forms of 
                trafficking;

[[Page 114 STAT. 1483]]

                    (B) the extent of noncompliance with the minimum 
                standards by the government and, particularly, the 
                extent to which officials or employees of the government 
                have participated in, facilitated, condoned, or are 
                otherwise complicit in severe forms of trafficking; and
                    (C) what measures are reasonable to bring the 
                government into compliance with the minimum standards in 
                light of the resources and capabilities of the 
                government.

    (c) Notification.--Not <<NOTE: Deadline.>> less than 45 days or more 
than 90 days after the submission, on or after January 1, 2003, of an 
annual report under subsection (b)(1), or an interim report under 
subsection (b)(2), the President shall submit to the appropriate 
congressional committees a notification of one of the determinations 
listed in subsection (d) with respect to each foreign country whose 
government, according to such report--
            (A) does not comply with the minimum standards for the 
        elimination of trafficking; and
            (B) is not making significant efforts to bring itself into 
        compliance, as described in subsection (b)(1)(C).

    (d) Presidential Determinations.--The determinations referred to in 
subsection (c) are the following:
            (1) Withholding of nonhumanitarian, nontrade-related 
        assistance.--The <<NOTE: President.>> President has determined 
        that--
                    (A)(i) the United States will not provide 
                nonhumanitarian, nontrade-related foreign assistance to 
                the government of the country for the subsequent fiscal 
                year until such government complies with the minimum 
                standards or makes significant efforts to bring itself 
                into compliance; or
                    (ii) in the case of a country whose government 
                received no nonhumanitarian, nontrade-related foreign 
                assistance from the United States during the previous 
                fiscal year, the United States will not provide funding 
                for participation by officials or employees of such 
                governments in educational and cultural exchange 
                programs for the subsequent fiscal year until such 
                government complies with the minimum standards or makes 
                significant efforts to bring itself into compliance; and
                    (B) the President will instruct the United States 
                Executive Director of each multilateral development bank 
                and of the International Monetary Fund to vote against, 
                and to use the Executive Director's best efforts to 
                deny, any loan or other utilization of the funds of the 
                respective institution to that country (other than for 
                humanitarian assistance, for trade-related assistance, 
                or for development assistance which directly addresses 
                basic human needs, is not administered by the government 
                of the sanctioned country, and confers no benefit to 
                that government) for the subsequent fiscal year until 
                such government complies with the minimum standards or 
                makes significant efforts to bring itself into 
                compliance.
            (2) Ongoing, multiple, broad-based restrictions on 
        assistance in response to human rights violations.--The 
        President has determined that such country is already subject to 
        multiple, broad-based restrictions on assistance imposed in 
        significant part in response to human rights abuses and such 
        restrictions are ongoing and are comparable to the restrictions

[[Page 114 STAT. 1484]]

        provided in paragraph (1). Such determination shall be 
        accompanied by a description of the specific restriction or 
        restrictions that were the basis for making such determination.
            (3) Subsequent compliance.--The Secretary of State has 
        determined that the government of the country has come into 
        compliance with the minimum standards or is making significant 
        efforts to bring itself into compliance.
            (4) Continuation of assistance in the national interest.--
        Notwithstanding the failure of the government of the country to 
        comply with minimum standards for the elimination of trafficking 
        and to make significant efforts to bring itself into compliance, 
        the President has determined that the provision to the country 
        of nonhumanitarian, nontrade-related foreign assistance, or the 
        multilateral assistance described in paragraph (1)(B), or both, 
        would promote the purposes of this division or is otherwise in 
        the national interest of the United States.
            (5) Exercise of waiver authority.--
                    (A) In general.--The President may exercise the 
                authority under paragraph (4) with respect to--
                          (i) all nonhumanitarian, nontrade-related 
                      foreign assistance to a country;
                          (ii) all multilateral assistance described in 
                      paragraph (1)(B) to a country; or
                          (iii) one or more programs, projects, or 
                      activities of such assistance.
                    (B) Avoidance of significant adverse effects.--
                The <<NOTE: President.>> President shall exercise the 
                authority under paragraph (4) when necessary to avoid 
                significant adverse effects on vulnerable populations, 
                including women and children.
            (6) Definition of multilateral development bank.--In this 
        subsection, the term ``multilateral development bank'' refers to 
        any of the following institutions: the International Bank for 
        Reconstruction and Development, the International Development 
        Association, the International Finance Corporation, the Inter-
        American Development Bank, the Asian Development Bank, the 
        Inter-American Investment Corporation, the African Development 
        Bank, the African Development Fund, the European Bank for 
        Reconstruction and Development, and the Multilateral Investment 
        Guaranty Agency.

    (e) Certification.--Together <<NOTE: President.>> with any 
notification under subsection (c), the President shall provide a 
certification by the Secretary of State that, with respect to any 
assistance described in clause (ii), (iii), or (v) of section 103(7)(A), 
or with respect to any assistance described in section 103(7)(B), no 
assistance is intended to be received or used by any agency or official 
who has participated in, facilitated, or condoned a severe form of 
trafficking in persons.

SEC. 111. <<NOTE: 22 USC 7108.>> ACTIONS AGAINST SIGNIFICANT TRAFFICKERS 
            IN PERSONS.

    (a) Authority To Sanction Significant Traffickers in Persons.--
            (1) In general.--The President may exercise the authorities 
        set forth in section 203 of the International Emergency Economic 
        Powers Act (50 U.S.C. 1701) without regard to section 202 of 
        that Act (50 U.S.C. 1701) in the case of any of the following 
        persons:

[[Page 114 STAT. 1485]]

                    (A) Any foreign person that plays a significant role 
                in a severe form of trafficking in persons, directly or 
                indirectly in the United States.
                    (B) Foreign persons that materially assist in, or 
                provide financial or technological support for or to, or 
                provide goods or services in support of, activities of a 
                significant foreign trafficker in persons identified 
                pursuant to subparagraph (A).
                    (C) Foreign persons that are owned, controlled, or 
                directed by, or acting for or on behalf of, a 
                significant foreign trafficker identified pursuant to 
                subparagraph (A).
            (2) Penalties.--The penalties set forth in section 206 of 
        the International Emergency Economic Powers Act (50 U.S.C. 1705) 
        apply to violations of any license, order, or regulation issued 
        under this section.

    (b) Report to Congress on Identification and Sanctioning of 
Significant Traffickers in Persons.--
            (1) In general.--Upon <<NOTE: President.>> exercising the 
        authority of subsection (a), the President shall report to the 
        appropriate congressional committees--
                    (A) identifying publicly the foreign persons that 
                the President determines are appropriate for sanctions 
                pursuant to this section and the basis for such 
                determination; and
                    (B) detailing publicly the sanctions imposed 
                pursuant to this section.
            (2) Removal of sanctions.--
        Upon <<NOTE: President.>> suspending or terminating any action 
        imposed under the authority of subsection (a), the President 
        shall report to the committees described in paragraph (1) on 
        such suspension or termination.
            (3) Submission of classified information.--Reports submitted 
        under this subsection may include an annex with classified 
        information regarding the basis for the determination made by 
        the President under paragraph (1)(A).

    (c) Law Enforcement and Intelligence Activities Not Affected.--
Nothing in this section prohibits or otherwise limits the authorized law 
enforcement or intelligence activities of the United States, or the law 
enforcement activities of any State or subdivision thereof.
    (d) Exclusion of Persons Who Have Benefited From Illicit Activities 
of Traffickers in Persons.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by inserting at the end 
the following new subparagraph:
                    ``(H) Significant traffickers in persons.--
                          ``(i) In general.--Any alien who is listed in 
                      a report submitted pursuant to section 111(b) of 
                      the Trafficking Victims Protection Act of 2000, or 
                      who the consular officer or the Attorney General 
                      knows or has reason to believe is or has been a 
                      knowing aider, abettor, assister, conspirator, or 
                      colluder with such a trafficker in severe forms of 
                      trafficking in persons, as defined in the section 
                      103 of such Act, is inadmissible.
                          ``(ii) Beneficiaries of trafficking.--Except 
                      as provided in clause (iii), any alien who the 
                      consular officer or the Attorney General knows or 
                      has reason to believe is the spouse, son, or 
                      daughter of an alien

[[Page 114 STAT. 1486]]

                      inadmissible under clause (i), has, within the 
                      previous 5 years, obtained any financial or other 
                      benefit from the illicit activity of that alien, 
                      and knew or reasonably should have known that the 
                      financial or other benefit was the product of such 
                      illicit activity, is inadmissible.
                          ``(iii) Exception for certain sons and 
                      daughters.--Clause (ii) shall not apply to a son 
                      or daughter who was a child at the time he or she 
                      received the benefit described in such clause.''.

    (e) Implementation.--
            (1) Delegation of authority.--The President may delegate any 
        authority granted by this section, including the authority to 
        designate foreign persons under paragraphs (1)(B) and (1)(C) of 
        subsection (a).
            (2) Promulgation of rules and regulations.--The head of any 
        agency, including the Secretary of Treasury, is authorized to 
        take such actions as may be necessary to carry out any authority 
        delegated by the President pursuant to paragraph (1), including 
        promulgating rules and regulations.
            (3) Opportunity for review.--Such rules and regulations 
        shall include procedures affording an opportunity for a person 
        to be heard in an expeditious manner, either in person or 
        through a representative, for the purpose of seeking changes to 
        or termination of any determination, order, designation or other 
        action associated with the exercise of the authority in 
        subsection (a).

    (f ) Definition of Foreign Persons.--In this section, the term 
``foreign person'' means any citizen or national of a foreign state or 
any entity not organized under the laws of the United States, including 
a foreign government official, but does not include a foreign state.
    (g) Construction.--Nothing in this section shall be construed as 
precluding judicial review of the exercise of the authority described in 
subsection (a).

SEC. 112. <<NOTE: 22 USC 7109.>> STRENGTHENING PROSECUTION AND 
            PUNISHMENT OF TRAFFICKERS.

    (a) Title 18 Amendments.--Chapter 77 of title 18, United States 
Code, is amended--
            (1) in each of sections 1581(a), 1583, and 1584--
                    (A) by striking ``10 years'' and inserting ``20 
                years''; and
                    (B) by adding at the end the following: ``If death 
                results from the violation of this section, or if the 
                violation includes kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or the attempt to commit 
                aggravated sexual abuse, or an attempt to kill, the 
                defendant shall be fined under this title or imprisoned 
                for any term of years or life, or both.'';
            (2) by inserting at the end the following:

``Sec. 1589. Forced labor

    ``Whoever knowingly provides or obtains the labor or services of a 
person--
            ``(1) by threats of serious harm to, or physical restraint 
        against, that person or another person;

[[Page 114 STAT. 1487]]

            ``(2) by means of any scheme, plan, or pattern intended to 
        cause the person to believe that, if the person did not perform 
        such labor or services, that person or another person would 
        suffer serious harm or physical restraint; or
            ``(3) by means of the abuse or threatened abuse of law or 
        the legal process,

shall be fined under this title or imprisoned not more than 20 years, or 
both. If death results from the violation of this section, or if the 
violation includes kidnapping or an attempt to kidnap, aggravated sexual 
abuse or the attempt to commit aggravated sexual abuse, or an attempt to 
kill, the defendant shall be fined under this title or imprisoned for 
any term of years or life, or both.

``Sec. 1590. Trafficking with respect to peonage, slavery, involuntary 
                        servitude, or forced labor

    ``Whoever knowingly recruits, harbors, transports, provides, or 
obtains by any means, any person for labor or services in violation of 
this chapter shall be fined under this title or imprisoned not more than 
20 years, or both. If death results from the violation of this section, 
or if the violation includes kidnapping or an attempt to kidnap, 
aggravated sexual abuse, or the attempt to commit aggravated sexual 
abuse, or an attempt to kill, the defendant shall be fined under this 
title or imprisoned for any term of years or life, or both.

``Sec. 1591. Sex trafficking of children or by force, fraud or coercion

    ``(a) Whoever knowingly--
            ``(1) in or affecting interstate commerce, recruits, 
        entices, harbors, transports, provides, or obtains by any means 
        a person; or
            ``(2) benefits, financially or by receiving anything of 
        value, from participation in a venture which has engaged in an 
        act described in violation of paragraph (1),

knowing that force, fraud, or coercion described in subsection (c)(2) 
will be used to cause the person to engage in a commercial sex act, or 
that the person has not attained the age of 18 years and will be caused 
to engage in a commercial sex act, shall be punished as provided in 
subsection (b).
    ``(b) The punishment for an offense under subsection (a) is--
            ``(1) if the offense was effected by force, fraud, or 
        coercion or if the person transported had not attained the age 
        of 14 years at the time of such offense, by a fine under this 
        title or imprisonment for any term of years or for life, or 
        both; or
            ``(2) if the offense was not so effected, and the person 
        transported had attained the age of 14 years but had not 
        attained the age of 18 years at the time of such offense, by a 
        fine under this title or imprisonment for not more than 20 
        years, or both.

    ``(c) In this section:
            ``(1) The term `commercial sex act' means any sex act, on 
        account of which anything of value is given to or received by 
        any person.
            ``(2) The term `coercion' means--

[[Page 114 STAT. 1488]]

                    ``(A) threats of serious harm to or physical 
                restraint against any person;
                    ``(B) any scheme, plan, or pattern intended to cause 
                a person to believe that failure to perform an act would 
                result in serious harm to or physical restraint against 
                any person; or
                    ``(C) the abuse or threatened abuse of law or the 
                legal process.
            ``(3) The term `venture' means any group of two or more 
        individuals associated in fact, whether or not a legal entity.

``Sec. 1592. Unlawful conduct with respect to documents in furtherance 
                        of trafficking, peonage, slavery, involuntary 
                        servitude, or forced labor

    ``(a) Whoever knowingly destroys, conceals, removes, confiscates, or 
possesses any actual or purported passport or other immigration 
document, or any other actual or purported government identification 
document, of another person--
            ``(1) in the course of a violation of section 1581, 1583, 
        1584, 1589, 1590, 1591, or 1594(a);
            ``(2) with intent to violate section 1581, 1583, 1584, 1589, 
        1590, or 1591; or
            ``(3) to prevent or restrict or to attempt to prevent or 
        restrict, without lawful authority, the person's liberty to move 
        or travel, in order to maintain the labor or services of that 
        person, when the person is or has been a victim of a severe form 
        of trafficking in persons, as defined in section 103 of the 
        Trafficking Victims Protection Act of 2000,

shall be fined under this title or imprisoned for not more than 5 years, 
or both.
    ``(b) Subsection (a) does not apply to the conduct of a person who 
is or has been a victim of a severe form of trafficking in persons, as 
defined in section 103 of the Trafficking Victims Protection Act of 
2000, if that conduct is caused by, or incident to, that trafficking.

``Sec. 1593. Mandatory restitution

    ``(a) Notwithstanding section 3663 or 3663A, and in addition to any 
other civil or criminal penalties authorized by law, the court shall 
order restitution for any offense under this chapter.
    ``(b)(1) The order of restitution under this section shall direct 
the defendant to pay the victim (through the appropriate court 
mechanism) the full amount of the victim's losses, as determined by the 
court under paragraph (3) of this subsection.
    ``(2) An order of restitution under this section shall be issued and 
enforced in accordance with section 3664 in the same manner as an order 
under section 3663A.
    ``(3) As used in this subsection, the term `full amount of the 
victim's losses' has the same meaning as provided in section 2259(b)(3) 
and shall in addition include the greater of the gross income or value 
to the defendant of the victim's services or labor or the value of the 
victim's labor as guaranteed under the minimum wage and overtime 
guarantees of the Fair Labor Standards Act (29 U.S.C. 201 et seq.).
    ``(c) As used in this section, the term `victim' means the 
individual harmed as a result of a crime under this chapter, including, 
in the case of a victim who is under 18 years of age, incompetent,

[[Page 114 STAT. 1489]]

incapacitated, or deceased, the legal guardian of the victim or a 
representative of the victim's estate, or another family member, or any 
other person appointed as suitable by the court, but in no event shall 
the defendant be named such representative or guardian.

``Sec. 1594. General provisions

    ``(a) Whoever attempts to violate section 1581, 1583, 1584, 1589, 
1590, or 1591 shall be punishable in the same manner as a completed 
violation of that section.
    ``(b) The court, in imposing sentence on any person convicted of a 
violation of this chapter, shall order, in addition to any other 
sentence imposed and irrespective of any provision of State law, that 
such person shall forfeit to the United States--
            ``(1) such person's interest in any property, real or 
        personal, that was used or intended to be used to commit or to 
        facilitate the commission of such violation; and
            ``(2) any property, real or personal, constituting or 
        derived from, any proceeds that such person obtained, directly 
        or indirectly, as a result of such violation.

    ``(c)(1) The following shall be subject to forfeiture to the United 
States and no property right shall exist in them:
            ``(A) Any property, real or personal, used or intended to be 
        used to commit or to facilitate the commission of any violation 
        of this chapter.
            ``(B) Any property, real or personal, which constitutes or 
        is derived from proceeds traceable to any violation of this 
        chapter.

    ``(2) The provisions of chapter 46 of this title relating to civil 
forfeitures shall extend to any seizure or civil forfeiture under this 
subsection.
    ``(d) Witness Protection.--Any violation of this chapter shall be 
considered an organized criminal activity or other serious offense for 
the purposes of application of chapter 224 (relating to witness 
protection).''; and
            (3) by amending the table of sections at the beginning of 
        chapter 77 by adding at the end the following new items:

``1589. Forced labor.
``1590. Trafficking with respect to peonage, slavery, involuntary 
           servitude, or forced labor.
``1591. Sex trafficking of children or by force, fraud, or coercion.
``1592. Unlawful conduct with respect to documents in furtherance of 
           trafficking, 
           peonage, slavery, involuntary servitude, or forced labor.
``1593. Mandatory restitution.
``1594. General provisions.''.

    (b) Amendment to the Sentencing Guidelines.--
            (1) Pursuant to its authority under section 994 of title 28, 
        United States Code, and in accordance with this section, the 
        United States Sentencing Commission shall review and, if 
        appropriate, amend the sentencing guidelines and policy 
        statements applicable to persons convicted of offenses involving 
        the trafficking of persons including component or related crimes 
        of peonage, involuntary servitude, slave trade offenses, and 
        possession, transfer or sale of false immigration documents in 
        furtherance of trafficking, and the Fair Labor Standards Act and 
        the Migrant and Seasonal Agricultural Worker Protection Act.

[[Page 114 STAT. 1490]]

            (2) In carrying out this subsection, the Sentencing 
        Commission shall--
                    (A) take all appropriate measures to ensure that 
                these sentencing guidelines and policy statements 
                applicable to the offenses described in paragraph (1) of 
                this subsection are sufficiently stringent to deter and 
                adequately reflect the heinous nature of such offenses;
                    (B) consider conforming the sentencing guidelines 
                applicable to offenses involving trafficking in persons 
                to the guidelines applicable to peonage, involuntary 
                servitude, and slave trade offenses; and
                    (C) consider providing sentencing enhancements for 
                those convicted of the offenses described in paragraph 
                (1) of this subsection that--
                          (i) involve a large number of victims;
                          (ii) involve a pattern of continued and 
                      flagrant violations;
                          (iii) involve the use or threatened use of a 
                      dangerous weapon; or
                          (iv) result in the death or bodily injury of 
                      any person.
            (3) The Commission may promulgate the guidelines or 
        amendments under this subsection in accordance with the 
        procedures set forth in section 21(a) of the Sentencing Act of 
        1987, as though the authority under that Act had not expired.

SEC. 113. <<NOTE: 22 USC 7110.>> AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorization of Appropriations in Support of the Task Force.--
To carry out the purposes of sections 104, 105, and 110, there are 
authorized to be appropriated to the Secretary of State $1,500,000 for 
fiscal year 2001 and $3,000,000 for fiscal year 2002.
    (b) Authorization of Appropriations to the Secretary of Health and 
Human Services.--To carry out the purposes of section 107(b), there are 
authorized to be appropriated to the Secretary of Health and Human 
Services $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 
2002.
    (c) Authorization of Appropriations to the Secretary of State.--
            (1) Assistance for victims in other countries.--To carry out 
        the purposes of section 107(a), there are authorized to be 
        appropriated to the Secretary of State $5,000,000 for fiscal 
        year 2001 and $10,000,000 for fiscal year 2002.
            (2) Voluntary contributions to osce.--To carry out the 
        purposes of section 109, there are authorized to be appropriated 
        to the Secretary of State $300,000 for voluntary contributions 
        to advance projects aimed at preventing trafficking, promoting 
        respect for human rights of trafficking victims, and assisting 
        the Organization for Security and Cooperation in Europe 
        participating states in related legal reform for fiscal year 
        2001.
            (3) Preparation of annual country reports on human rights.--
        To carry out the purposes of section 104, there are authorized 
        to be appropriated to the Secretary of State such sums as may be 
        necessary to include the additional information required by that 
        section in the annual Country Reports on Human Rights Practices, 
        including the preparation and publication of the list described 
        in subsection (a)(1) of that section.

[[Page 114 STAT. 1491]]

    (d) Authorization of Appropriations to Attorney General.--To carry 
out the purposes of section 107(b), there are authorized to be 
appropriated to the Attorney General $5,000,000 for fiscal year 2001 and 
$10,000,000 for fiscal year 2002.
    (e) Authorization of Appropriations to President.--
            (1) Foreign victim assistance.--To carry out the purposes of 
        section 106, there are authorized to be appropriated to the 
        President $5,000,000 for fiscal year 2001 and $10,000,000 for 
        fiscal year 2002.
            (2) Assistance to foreign countries to meet minimum 
        standards.--To carry out the purposes of section 109, there are 
        authorized to be appropriated to the President $5,000,000 for 
        fiscal year 2001 and $10,000,000 for fiscal year 2002.

    (f ) Authorization of Appropriations to the Secretary of Labor.--To 
carry out the purposes of section 107(b), there are authorized to be 
appropriated to the Secretary of Labor $5,000,000 for fiscal year 2001 
and $10,000,000 for fiscal year 2002.

   DIVISION <<NOTE: Violence Against Women Act of 2000.>> B--VIOLENCE 
AGAINST WOMEN ACT OF 2000

SEC. 1001. <<NOTE: 42 USC 13701 note.>> SHORT TITLE.

    This division may be cited as the ``Violence Against Women Act of 
2000''.

SEC. 1002. <<NOTE: 42 USC 3796gg-2 note.>> DEFINITIONS.

    In this division--
            (1) the term ``domestic violence'' has the meaning given the 
        term in section 2003 of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); and
            (2) the term ``sexual assault'' has the meaning given the 
        term in section 2003 of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).

SEC. 1003. <<NOTE: 42 USC 3789p.>> ACCOUNTABILITY AND OVERSIGHT.

    (a) Report by Grant Recipients.--The Attorney General or Secretary 
of Health and Human Services, as applicable, shall require grantees 
under any program authorized or reauthorized by this division or an 
amendment made by this division to report on the effectiveness of the 
activities carried out with amounts made available to carry out that 
program, including number of persons served, if applicable, numbers of 
persons seeking services who could not be served and such other 
information as the Attorney General or Secretary may prescribe.
    (b) Report to Congress.--The Attorney General or Secretary of Health 
and Human Services, as applicable, shall report biennially to the 
Committees on the Judiciary of the House of Representatives and the 
Senate on the grant programs described in subsection (a), including the 
information contained in any report under that subsection.

[[Page 114 STAT. 1492]]

 TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.

    (a) In General.--Part U of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
            (1) in the heading, by adding ``AND ENFORCEMENT OF 
        PROTECTION ORDERS'' at the end;
            (2) in section <<NOTE: 42 USC 3796hh.>> 2101(b)--
                    (A) in paragraph (6), by inserting ``(including 
                juvenile courts)'' after ``courts''; and
                    (B) by adding at the end the following:
            ``(7) To provide technical assistance and computer and other 
        equipment to police departments, prosecutors, courts, and tribal 
        jurisdictions to facilitate the widespread enforcement of 
        protection orders, including interstate enforcement, enforcement 
        between States and tribal jurisdictions, and enforcement between 
        tribal jurisdictions.''; and
            (3) in section <<NOTE: 42 USC 3796hh-1.>> 2102--
                    (A) in subsection (b)--
                          (i) in paragraph (1), by striking ``and'' at 
                      the end;
                          (ii) in paragraph (2), by striking the period 
                      at the end and inserting ``, including the 
                      enforcement of protection orders from other States 
                      and jurisdictions (including tribal 
                      jurisdictions);''; and
                          (iii) by adding at the end the following:
            ``(3) have established cooperative agreements or can 
        demonstrate effective ongoing collaborative arrangements with 
        neighboring jurisdictions to facilitate the enforcement of 
        protection orders from other States and jurisdictions (including 
        tribal jurisdictions); and
            ``(4) in applications describing plans to further the 
        purposes stated in paragraph (4) or (7) of section 2101(b), will 
        give priority to using the grant to develop and install data 
        collection and communication systems, including computerized 
        systems, and training on how to use these systems effectively to 
        link police, prosecutors, courts, and tribal jurisdictions for 
        the purpose of identifying and tracking protection orders and 
        violations of protection orders, in those jurisdictions where 
        such systems do not exist or are not fully effective.''; and
                    (B) by adding at the end the following:

    ``(c) Dissemination of Information.--The Attorney General shall 
annually compile and broadly disseminate (including through electronic 
publication) information about successful data collection and 
communication systems that meet the purposes described in this section. 
Such dissemination shall target States, State and local courts, Indian 
tribal governments, and units of local government.''.
    (b) Protection Orders.--
            (1) Filing costs.--Section 2006 of part T of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-5) is amended--

[[Page 114 STAT. 1493]]

                    (A) in the heading, by striking ``filing'' and 
                inserting ``and protection orders'' after ``charges'';
                    (B) in subsection (a)--
                          (i) by striking paragraph (1) and inserting 
                      the following:
            ``(1) certifies that its laws, policies, and practices do 
        not require, in connection with the prosecution of any 
        misdemeanor or felony domestic violence offense, or in 
        connection with the filing, issuance, registration, or service 
        of a protection order, or a petition for a protection order, to 
        protect a victim of domestic violence, stalking, or sexual 
        assault, that the victim bear the costs associated with the 
        filing of criminal charges against the offender, or the costs 
        associated with the filing, issuance, registration, or service 
        of a warrant, protection order, petition for a protection order, 
        or witness subpoena, whether issued inside or outside the State, 
        tribal, or local jurisdiction; or''; and
                          (ii) in paragraph (2)(B), by striking ``2 
                      years'' and inserting ``2 years after the date of 
                      the enactment of the Violence Against Women Act of 
                      2000''; and
                    (C) by adding at the end the following:

    ``(c) Definition.--In this section, the term `protection order' has 
the meaning given the term in section 2266 of title 18, United States 
Code.''.
            (2) Eligibility for grants to encourage arrest policies.--
        Section 2101 of part U of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
                    (A) in subsection (c), by striking paragraph (4) and 
                inserting the following:
            ``(4) certify that their laws, policies, and practices do 
        not require, in connection with the prosecution of any 
        misdemeanor or felony domestic violence offense, or in 
        connection with the filing, issuance, registration, or service 
        of a protection order, or a petition for a protection order, to 
        protect a victim of domestic violence, stalking, or sexual 
        assault, that the victim bear the costs associated with the 
        filing of criminal charges against the offender, or the costs 
        associated with the filing, issuance, registration, or service 
        of a warrant, protection order, petition for a protection order, 
        or witness subpoena, whether issued inside or outside the State, 
        tribal, or local jurisdiction.''; and
                    (B) by adding at the end the following:

    ``(d) Definition.--In this section, the term `protection order' has 
the meaning given the term in section 2266 of title 18, United States 
Code.''.
            (3) Application for grants to encourage arrest policies.--
        Section 2102(a)(1)(B) of part U of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
        1(a)(1)(B)) is amended by inserting before the semicolon the 
        following: ``or, in the case of the condition set forth in 
        subsection 2101(c)(4), the expiration of the 2-year period 
        beginning on the date the of the enactment of the Violence 
        Against Women Act of 2000''.
            (4) Registration for protection orders.--Section 2265 of 
        title 18, United States Code, is amended by adding at the end 
        the following:

[[Page 114 STAT. 1494]]

    ``(d) Notification and Registration.--
            ``(1) Notification.--A State or Indian tribe according full 
        faith and credit to an order by a court of another State or 
        Indian tribe shall not notify or require notification of the 
        party against whom a protection order has been issued that the 
        protection order has been registered or filed in that enforcing 
        State or tribal jurisdiction unless requested to do so by the 
        party protected under such order.
            ``(2) No prior registration or filing as prerequisite for 
        enforcement.--Any protection order that is otherwise consistent 
        with this section shall be accorded full faith and credit, 
        notwithstanding failure to comply with any requirement that the 
        order be registered or filed in the enforcing State or tribal 
        jurisdiction.

    ``(e) Tribal Court Jurisdiction.--For purposes of this section, a 
tribal court shall have full civil jurisdiction to enforce protection 
orders, including authority to enforce any orders through civil contempt 
proceedings, exclusion of violators from Indian lands, and other 
appropriate mechanisms, in matters arising within the authority of the 
tribe.''.
    (c) Technical Amendment.--The table of contents for title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended in the item relating to part U, by adding ``and 
Enforcement of Protection Orders'' at the end.

SEC. 1102. ROLE OF COURTS.

    (a) Courts as Eligible STOP Subgrantees.--Part T of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
seq.) is amended--
            (1) in section <<NOTE: 42 USC 3796gg.>> 2001--
                    (A) in subsection (a), by striking ``Indian tribal 
                governments,'' and inserting ``State and local courts 
                (including juvenile courts), Indian tribal governments, 
                tribal courts,''; and
                    (B) in subsection (b)--
                          (i) in paragraph (1), by inserting ``, judges, 
                      other court personnel,'' after ``law enforcement 
                      officers'';
                          (ii) in paragraph (2), by inserting ``, 
                      judges, other court personnel,'' after ``law 
                      enforcement officers''; and
                          (iii) in paragraph (3), by inserting ``, 
                      court,'' after ``police''; and
            (2) in section <<NOTE: 42 USC 3796gg-1.>> 2002--
                    (A) in subsection (a), by inserting ``State and 
                local courts (including juvenile courts),'' after 
                ``States,'' the second place it appears;
                    (B) in subsection (c), by striking paragraph (3) and 
                inserting the following:
            ``(3) of the amount granted--
                    ``(A) not less than 25 percent shall be allocated to 
                police and not less than 25 percent shall be allocated 
                to prosecutors;
                    ``(B) not less than 30 percent shall be allocated to 
                victim services; and
                    ``(C) not less than 5 percent shall be allocated for 
                State and local courts (including juvenile courts); 
                and''; and

[[Page 114 STAT. 1495]]

                    (C) in subsection (d)(1), by inserting ``court,'' 
                after ``law enforcement,''.

    (b) Eligible Grantees; Use of Grants for Education.--Section 2101 of 
part U of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796hh) is amended--
            (1) in subsection (a), by inserting ``State and local courts 
        (including juvenile courts), tribal courts,'' after ``Indian 
        tribal governments,'';
            (2) in subsection (b)--
                    (A) by inserting ``State and local courts (including 
                juvenile courts),'' after ``Indian tribal governments'';
                    (B) in paragraph (2), by striking ``policies and'' 
                and inserting ``policies, educational programs, and'';
                    (C) in paragraph (3), by inserting ``parole and 
                probation officers,'' after ``prosecutors,''; and
                    (D) in paragraph (4), by inserting ``parole and 
                probation officers,'' after ``prosecutors,'';
            (3) in subsection (c), by inserting ``State and local courts 
        (including juvenile courts),'' after ``Indian tribal 
        governments''; and
            (4) by adding at the end the following:

    ``(e) Allotment for Indian Tribes.--Not less than 5 percent of the 
total amount made available for grants under this section for each 
fiscal year shall be available for grants to Indian tribal 
governments.''.

SEC. 1103. REAUTHORIZATION OF STOP GRANTS.

    (a) Reauthorization.--Section 1001(a) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is 
amended by striking paragraph (18) and inserting the following:
    ``(18) There is authorized to be appropriated to carry out part T 
$185,000,000 for each of fiscal years 2001 through 2005.''.
    (b) Grant Purposes.--Part T of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended--
            (1) in section <<NOTE: 42 USC 3796gg.>> 2001--
                    (A) in subsection (b)--
                          (i) in paragraph (5), by striking ``racial, 
                      cultural, ethnic, and language minorities'' and 
                      inserting ``underserved populations'';
                          (ii) in paragraph (6), by striking ``and'' at 
                      the end;
                          (iii) in paragraph (7), by striking the period 
                      at the end and inserting a semicolon; and
                          (iv) by adding at the end the following:
            ``(8) supporting formal and informal statewide, 
        multidisciplinary efforts, to the extent not supported by State 
        funds, to coordinate the response of State law enforcement 
        agencies, prosecutors, courts, victim services agencies, and 
        other State agencies and departments, to violent crimes against 
        women, including the crimes of sexual assault, domestic 
        violence, and dating violence;
            ``(9) training of sexual assault forensic medical personnel 
        examiners in the collection and preservation of evidence, 
        analysis, prevention, and providing expert testimony and 
        treatment of trauma related to sexual assault;''; and
                    (B) by adding at the end the following:

    ``(c) State Coalition Grants.--

[[Page 114 STAT. 1496]]

            ``(1) Purpose.--The Attorney General shall award grants to 
        each State domestic violence coalition and sexual assault 
        coalition for the purposes of coordinating State victim services 
        activities, and collaborating and coordinating with Federal, 
        State, and local entities engaged in violence against women 
        activities.
            ``(2) Grants to state coalitions.--The Attorney General 
        shall award grants to--
                    ``(A) each State domestic violence coalition, as 
                determined by the Secretary of Health and Human Services 
                through the Family Violence Prevention and Services Act 
                (42 U.S.C. 10410 et seq.); and
                    ``(B) each State sexual assault coalition, as 
                determined by the Center for Injury Prevention and 
                Control of the Centers for Disease Control and 
                Prevention under the Public Health Service Act (42 
                U.S.C. 280b et seq.).
            ``(3) Eligibility for other grants.--Receipt of an award 
        under this subsection by each State domestic violence and sexual 
        assault coalition shall not preclude the coalition from 
        receiving additional grants under this part to carry out the 
        purposes described in subsection (b).'';
            (2) in section <<NOTE: 42 USC 3796gg-1.>> 2002(b)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (5) and (6), respectively;
                    (B) in paragraph (1), by striking ``4 percent'' and 
                inserting ``5 percent'';
                    (C) in paragraph (5), as redesignated, by striking 
                ``$500,000'' and inserting ``$600,000''; and
                    (D) by inserting after paragraph (1) the following:
            ``(2) 2.5 percent shall be available for grants for State 
        domestic violence coalitions under section 2001(c), with the 
        coalition for each State, the coalition for the District of 
        Columbia, the coalition for the Commonwealth of Puerto Rico, and 
        the coalition for the combined Territories of the United States, 
        each receiving an amount equal to \1/54\ of the total amount 
        made available under this paragraph for each fiscal year;
            ``(3) 2.5 percent shall be available for grants for State 
        sexual assault coalitions under section 2001(c), with the 
        coalition for each State, the coalition for the District of 
        Columbia, the coalition for the Commonwealth of Puerto Rico, and 
        the coalition for the combined Territories of the United States, 
        each receiving an amount equal to \1/54\ of the total amount 
        made available under this paragraph for each fiscal year;
            ``(4) \1/54\ shall be available for the development and 
        operation of nonprofit tribal domestic violence and sexual 
        assault coalitions in Indian country;'';
            (3) in section 2003, <<NOTE: 42 USC 3796gg-2.>> by striking 
        paragraph (7) and inserting the following:
            ``(7) the term `underserved populations' includes 
        populations underserved because of geographic location (such as 
        rural isolation), underserved racial and ethnic populations, 
        populations underserved because of special needs (such as 
        language barriers, disabilities, alienage status, or age), and 
        any other population determined to be underserved by the State 
        planning process in consultation with the Attorney General;''; 
        and

[[Page 114 STAT. 1497]]

            (4) <<NOTE: 42 USC 3796gg-3.>> in section 2004(b)(3), by 
        inserting ``, and the membership of persons served in any 
        underserved population'' before the semicolon.

SEC. 1104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST POLICIES.

    Section 1001(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph 
(19) and inserting the following:
    ``(19) There is authorized to be appropriated to carry out part U 
$65,000,000 for each of fiscal years 2001 through 2005.''.

SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE 
            ENFORCEMENT GRANTS.

    Section 40295(c) of the Violence Against Women Act of 1994 (42 
U.S.C. 13971(c)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--There is authorized to be appropriated to 
        carry out this section $40,000,000 for each of fiscal years 2001 
        through 2005.''; and
            (2) by adding at the end the following:
            ``(3) Allotment for indian tribes.--Not less than 5 percent 
        of the total amount made available to carry out this section for 
        each fiscal year shall be available for grants to Indian tribal 
        governments.''.

SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

    (a) Reauthorization.--Section 40603 of the Violence Against Women 
Act of 1994 (42 U.S.C. 14032) is amended to read as follows:

``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this subtitle 
$3,000,000 for each of fiscal years 2001 through 2005.''.
    (b) Technical Amendment.--Section <<NOTE: 42 USC 14031.>> 40602(a) 
of the Violence Against Women Act of 1994 (42 U.S.C. 14031 note) is 
amended by inserting ``and implement'' after ``improve''.

SEC. 1107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES.

    (a) Interstate Domestic Violence.--Section 2261 of title 18, United 
States Code, is amended by striking subsection (a) and inserting the 
following:
    ``(a) Offenses.--
            ``(1) Travel or conduct of offender.--A person who travels 
        in interstate or foreign commerce or enters or leaves Indian 
        country with the intent to kill, injure, harass, or intimidate a 
        spouse or intimate partner, and who, in the course of or as a 
        result of such travel, commits or attempts to commit a crime of 
        violence against that spouse or intimate partner, shall be 
        punished as provided in subsection (b).
            ``(2) Causing travel of victim.--A person who causes a 
        spouse or intimate partner to travel in interstate or foreign 
        commerce or to enter or leave Indian country by force, coercion, 
        duress, or fraud, and who, in the course of, as a result of, or 
        to facilitate such conduct or travel, commits or attempts to 
        commit a crime of violence against that spouse or intimate 
        partner, shall be punished as provided in subsection (b).''.

[[Page 114 STAT. 1498]]

    (b) Interstate Stalking.--
            (1) In general.--Section 2261A of title 18, United States 
        Code, is amended to read as follows:

``Sec. 2261A. Interstate stalking

    ``Whoever--
            ``(1) travels in interstate or foreign commerce or within 
        the special maritime and territorial jurisdiction of the United 
        States, or enters or leaves Indian country, with the intent to 
        kill, injure, harass, or intimidate another person, and in the 
        course of, or as a result of, such travel places that person in 
        reasonable fear of the death of, or serious bodily injury to, 
        that person, a member of the immediate family (as defined in 
        section 115) of that person, or the spouse or intimate partner 
        of that person; or
            ``(2) with the intent--
                    ``(A) to kill or injure a person in another State or 
                tribal jurisdiction or within the special maritime and 
                territorial jurisdiction of the United States; or
                    ``(B) to place a person in another State or tribal 
                jurisdiction, or within the special maritime and 
                territorial jurisdiction of the United States, in 
                reasonable fear of the death of, or serious bodily 
                injury to--
                          ``(i) that person;
                          ``(ii) a member of the immediate family (as 
                      defined in section 115) of that person; or
                          ``(iii) a spouse or intimate partner of that 
                      person,
        uses the mail or any facility of interstate or foreign commerce 
        to engage in a course of conduct that places that person in 
        reasonable fear of the death of, or serious bodily injury to, 
        any of the persons described in clauses (i) through (iii),

shall be punished as provided in section 2261(b).''.
            (2) Amendment <<NOTE: 28 USC 994 note.>> of federal 
        sentencing guidelines.--
                    (A) In general.--Pursuant to its authority under 
                section 994 of title 28, United States Code, the United 
                States Sentencing Commission shall amend the Federal 
                Sentencing Guidelines to reflect the amendment made by 
                this subsection.
                    (B) Factors for consideration.--In carrying out 
                subparagraph (A), the Commission shall consider--
                          (i) whether the Federal Sentencing Guidelines 
                      relating to stalking offenses should be modified 
                      in light of the amendment made by this subsection; 
                      and
                          (ii) whether any changes the Commission may 
                      make to the Federal Sentencing Guidelines pursuant 
                      to clause (i) should also be made with respect to 
                      offenses under chapter 110A of title 18, United 
                      States Code.

    (c) Interstate Violation of Protection Order.--Section 2262 of title 
18, United States Code, is amended by striking subsection (a) and 
inserting the following:
    ``(a) Offenses.--
            ``(1) Travel or conduct of offender.--A person who travels 
        in interstate or foreign commerce, or enters or leaves Indian 
        country, with the intent to engage in conduct that violates the 
        portion of a protection order that prohibits or provides 
        protection against violence, threats, or harassment

[[Page 114 STAT. 1499]]

        against, contact or communication with, or physical proximity 
        to, another person, or that would violate such a portion of a 
        protection order in the jurisdiction in which the order was 
        issued, and subsequently engages in such conduct, shall be 
        punished as provided in subsection (b).
            ``(2) Causing travel of victim.--A person who causes another 
        person to travel in interstate or foreign commerce or to enter 
        or leave Indian country by force, coercion, duress, or fraud, 
        and in the course of, as a result of, or to facilitate such 
        conduct or travel engages in conduct that violates the portion 
        of a protection order that prohibits or provides protection 
        against violence, threats, or harassment against, contact or 
        communication with, or physical proximity to, another person, or 
        that would violate such a portion of a protection order in the 
        jurisdiction in which the order was issued, shall be punished as 
        provided in subsection (b).''.

    (d) Definitions.--Section 2266 of title 18, United States Code, is 
amended to read as follows:

``Sec. 2266. Definitions

    ``In this chapter:
            ``(1) Bodily injury.--The term `bodily injury' means any 
        act, except one done in self-defense, that results in physical 
        injury or sexual abuse.
            ``(2) Course of conduct.--The term `course of conduct' means 
        a pattern of conduct composed of 2 or more acts, evidencing a 
        continuity of purpose.
            ``(3) Enter or leave indian country.--The term `enter or 
        leave Indian country' includes leaving the jurisdiction of 1 
        tribal government and entering the jurisdiction of another 
        tribal government.
            ``(4) Indian country.--The term `Indian country' has the 
        meaning stated in section 1151 of this title.
            ``(5) Protection order.--The term `protection order' 
        includes any injunction or other order issued for the purpose of 
        preventing violent or threatening acts or harassment against, or 
        contact or communication with or physical proximity to, another 
        person, including any temporary or final order issued by a civil 
        and criminal court (other than a support or child custody order 
        issued pursuant to State divorce and child custody laws, except 
        to the extent that such an order is entitled to full faith and 
        credit under other Federal law) whether obtained by filing an 
        independent action or as a pendente lite order in another 
        proceeding so long as any civil order was issued in response to 
        a complaint, petition, or motion filed by or on behalf of a 
        person seeking protection.
            ``(6) Serious bodily injury.--The term `serious bodily 
        injury' has the meaning stated in section 2119(2).
            ``(7) Spouse or intimate partner.--The term `spouse or 
        intimate partner' includes--
                    ``(A) for purposes of--
                          ``(i) sections other than 2261A, a spouse or 
                      former spouse of the abuser, a person who shares a 
                      child in common with the abuser, and a person who 
                      cohabits or has cohabited as a spouse with the 
                      abuser; and
                          ``(ii) section 2261A, a spouse or former 
                      spouse of the target of the stalking, a person who 
                      shares a child

[[Page 114 STAT. 1500]]

                      in common with the target of the stalking, and a 
                      person who cohabits or has cohabited as a spouse 
                      with the target of the stalking; and
                    ``(B) any other person similarly situated to a 
                spouse who is protected by the domestic or family 
                violence laws of the State or tribal jurisdiction in 
                which the injury occurred or where the victim resides.
            ``(8) State.--The term `State' includes a State of the 
        United States, the District of Columbia, and a commonwealth, 
        territory, or possession of the United States.
            ``(9) Travel in interstate or foreign commerce.--The term 
        `travel in interstate or foreign commerce' does not include 
        travel from 1 State to another by an individual who is a member 
        of an Indian tribe and who remains at all times in the territory 
        of the Indian tribe of which the individual is a member.''.

SEC. 1108. SCHOOL AND CAMPUS SECURITY.

    (a) Grants To Reduce Violent Crimes Against Women on Campus.--
Section 826 of the Higher Education Amendments of 1998 (20 U.S.C. 1152) 
is amended--
            (1) in paragraphs (2), (6), (7), and (9) of subsection (b), 
        by striking ``and domestic violence'' and inserting ``domestic 
        violence, and dating violence'';
            (2) in subsection (c)(2)(B), by striking ``and domestic 
        violence'' and inserting ``, domestic violence and dating 
        violence'';
            (3) in subsection (f )--
                    (A) by redesignating paragraphs (1), (2), and (3) as 
                paragraphs (2), (3), and (4), respectively;
                    (B) by inserting before paragraph (2) (as 
                redesignated by subparagraph (A)) the following:
            ``(1) the term `dating violence' means violence committed by 
        a person--
                    ``(A) who is or has been in a social relationship of 
                a romantic or intimate nature with the victim; and
                    ``(B) where the existence of such a relationship 
                shall be determined based on a consideration of the 
                following factors:
                          ``(i) the length of the relationship;
                          ``(ii) the type of relationship; and
                          ``(iii) the frequency of interaction between 
                      the persons involved in the relationship.'';
                    (C) in paragraph (2) (as redesignated by 
                subparagraph (A)), by inserting ``, dating'' after 
                ``domestic'' each place the term appears; and
                    (D) in paragraph (4) (as redesignated by 
                subparagraph (A))--
                          (i) by inserting ``or a public, nonprofit 
                      organization acting in a nongovernmental 
                      capacity'' after ``organization'';
                          (ii) by inserting ``, dating violence'' after 
                      ``assists domestic violence'';
                          (iii) by striking ``or domestic violence'' and 
                      inserting ``, domestic violence or dating 
                      violence''; and
                          (iv) by inserting ``dating violence,'' before 
                      ``stalking,''; and

[[Page 114 STAT. 1501]]

            (4) in subsection (g), by striking ``fiscal year 1999 and 
        such sums as may be necessary for each of the 4 succeeding 
        fiscal years'' and inserting ``each of fiscal years 2001 through 
        2005''.

    (b) Matching Grant Program For School Security.--Title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 is amended by 
inserting after part Z the following new part:

          ``PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

``SEC. 2701. <<NOTE: 42 USC 3797a.>> PROGRAM AUTHORIZED.

    ``(a) In General.--The Attorney General is authorized to make grants 
to States, units of local government, and Indian tribes to provide 
improved security, including the placement and use of metal detectors 
and other deterrent measures, at schools and on school grounds.
    ``(b) Uses of Funds.--Grants awarded under this section shall be 
distributed directly to the State, unit of local government, or Indian 
tribe, and shall be used to improve security at schools and on school 
grounds in the jurisdiction of the grantee through one or more of the 
following:
            ``(1) Placement and use of metal detectors, locks, lighting, 
        and other deterrent measures.
            ``(2) Security assessments.
            ``(3) Security training of personnel and students.
            ``(4) Coordination with local law enforcement.
            ``(5) Any other measure that, in the determination of the 
        Attorney General, may provide a significant improvement in 
        security.

    ``(c) Preferential Consideration.--In awarding grants under this 
part, the Attorney General shall give preferential consideration, if 
feasible, to an application from a jurisdiction that has a demonstrated 
need for improved security, has a demonstrated need for financial 
assistance, and has evidenced the ability to make the improvements for 
which the grant amounts are sought.
    ``(d) Matching Funds.--
            ``(1) The portion of the costs of a program provided by a 
        grant under subsection (a) may not exceed 50 percent.
            ``(2) Any funds appropriated by Congress for the activities 
        of any agency of an Indian tribal government or the Bureau of 
        Indian Affairs performing law enforcement functions on any 
        Indian lands may be used to provide the non-Federal share of a 
        matching requirement funded under this subsection.
            ``(3) The Attorney General may provide, in the guidelines 
        implementing this section, for the requirement of paragraph (1) 
        to be waived or altered in the case of a recipient with a 
        financial need for such a waiver or alteration.

    ``(e) Equitable Distribution.--In awarding grants under this part, 
the Attorney General shall ensure, to the extent practicable, an 
equitable geographic distribution among the regions of the United States 
and among urban, suburban, and rural areas.
    ``(f ) Administrative Costs.--The Attorney General may reserve not 
more than 2 percent from amounts appropriated to carry out this part for 
administrative costs.

[[Page 114 STAT. 1502]]

``SEC. 2702. <<NOTE: 42 USC 3797b.>> APPLICATIONS.

    ``(a) In General.--To request a grant under this part, the chief 
executive of a State, unit of local government, or Indian tribe shall 
submit an application to the Attorney General at such time, in such 
manner, and accompanied by such information as the Attorney General may 
require. Each application shall--
            ``(1) include a detailed explanation of--
                    ``(A) the intended uses of funds provided under the 
                grant; and
                    ``(B) how the activities funded under the grant will 
                meet the purpose of this part; and
            ``(2) be accompanied by an assurance that the application 
        was prepared after consultation with individuals not limited to 
        law enforcement officers (such as school violence researchers, 
        child psychologists, social workers, teachers, principals, and 
        other school personnel) to ensure that the improvements to be 
        funded under the grant are--
                    ``(A) consistent with a comprehensive approach to 
                preventing school violence; and
                    ``(B) individualized to the needs of each school at 
                which those improvements are to be made.

    ``(b) Guidelines.--Not <<NOTE: Deadline.>> later than 90 days after 
the date of the enactment of this part, the Attorney General shall 
promulgate guidelines to implement this section (including the 
information that must be included and the requirements that the States, 
units of local government, and Indian tribes must meet) in submitting 
the applications required under this section.

``SEC. 2703. <<NOTE: 42 USC 3797c.>> ANNUAL REPORT TO CONGRESS.

    ``Not later than November 30th of each year, the Attorney General 
shall submit a report to the Congress regarding the activities carried 
out under this part. Each such report shall include, for the preceding 
fiscal year, the number of grants funded under this part, the amount of 
funds provided under those grants, and the activities for which those 
funds were used.

``SEC. 2704. <<NOTE: 42 USC 3797d.>> DEFINITIONS.

    ``For purposes of this part--
            ``(1) the term `school' means a public elementary or 
        secondary school;
            ``(2) the term `unit of local government' means a county, 
        municipality, town, township, village, parish, borough, or other 
        unit of general government below the State level; and
            ``(3) the term `Indian tribe' has the same meaning as in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(e)).

``SEC. 2705. <<NOTE: 42 USC 3797e.>> AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$30,000,000 for each of fiscal years 2001 through 2003.''.

SEC. 1109. DATING VIOLENCE.

    (a) Definitions.--
            (1) Section 2003.--Section 2003 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2) 
        is amended--
                    (A) in paragraph (8), by striking the period at the 
                end and inserting ``; and''; and

[[Page 114 STAT. 1503]]

                    (B) by adding at the end the following:
            ``(9) the term `dating violence' means violence committed by 
        a person--
                    ``(A) who is or has been in a social relationship of 
                a romantic or intimate nature with the victim; and
                    ``(B) where the existence of such a relationship 
                shall be determined based on a consideration of the 
                following factors:
                          ``(i) the length of the relationship;
                          ``(ii) the type of relationship; and
                          ``(iii) the frequency of interaction between 
                      the persons involved in the relationship.''.
            (2) Section 2105.--Section 2105 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-4) 
        is amended--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) the term `dating violence' means violence committed by 
        a person--
                    ``(A) who is or has been in a social relationship of 
                a romantic or intimate nature with the victim; and
                    ``(B) where the existence of such a relationship 
                shall be determined based on a consideration of the 
                following factors:
                          ``(i) the length of the relationship;
                          ``(ii) the type of relationship; and
                          ``(iii) the frequency of interaction between 
                      the persons involved in the relationship.''.

    (b) STOP Grants.--Section 2001(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended--
            (1) in paragraph (1), by striking ``sexual assault and 
        domestic violence'' and inserting ``sexual assault, domestic 
        violence, and dating violence''; and
            (2) in paragraph (5), by striking ``sexual assault and 
        domestic violence'' and inserting ``sexual assault, domestic 
        violence, and dating violence''.

    (c) Grants To Encourage Arrest Policies.--Section 2101(b) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796hh(b)) is amended--
            (1) in paragraph (2), by inserting ``and dating violence'' 
        after ``domestic violence''; and
            (2) in paragraph (5), by inserting ``and dating violence'' 
        after ``domestic violence''.

    (d) Rural Domestic Violence and Child Abuse Enforcement.--Section 
40295(a) of the Safe Homes for Women Act of 1994 (42 U.S.C. 13971(a)) is 
amended--
            (1) in paragraph (1), by inserting ``and dating violence (as 
        defined in section 2003 of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))'' after 
        ``domestic violence''; and
            (2) in paragraph (2), by inserting ``and dating violence (as 
        defined in section 2003 of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))'' after 
        ``domestic violence''.

[[Page 114 STAT. 1504]]

         TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

SEC. 1201. <<NOTE: 42 USC 3796gg-6.>> LEGAL ASSISTANCE FOR VICTIMS.

    (a) In General.--The purpose of this section is to enable the 
Attorney General to award grants to increase the availability of legal 
assistance necessary to provide effective aid to victims of domestic 
violence, stalking, or sexual assault who are seeking relief in legal 
matters arising as a consequence of that abuse or violence, at minimal 
or no cost to the victims.
    (b) Definitions.--In this section:
            (1) Domestic violence.--The term ``domestic violence'' has 
        the meaning given the term in section 2003 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2).
            (2) Legal assistance for victims.--The term ``legal 
        assistance'' includes assistance to victims of domestic 
        violence, stalking, and sexual assault in family, immigration, 
        administrative agency, or housing matters, protection or stay 
        away order proceedings, and other similar matters. No funds made 
        available under this section may be used to provide financial 
        assistance in support of any litigation described in paragraph 
        (14) of section 504 of Public Law 104-134.
            (3) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 2003 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).

    (c) Legal Assistance for Victims Grants.--The Attorney General may 
award grants under this subsection to private nonprofit entities, Indian 
tribal governments, and publicly funded organizations not acting in a 
governmental capacity such as law schools, and which shall be used--
            (1) to implement, expand, and establish cooperative efforts 
        and projects between domestic violence and sexual assault victim 
        services organizations and legal assistance providers to provide 
        legal assistance for victims of domestic violence, stalking, and 
        sexual assault;
            (2) to implement, expand, and establish efforts and projects 
        to provide legal assistance for victims of domestic violence, 
        stalking, and sexual assault by organizations with a 
        demonstrated history of providing direct legal or advocacy 
        services on behalf of these victims; and
            (3) to provide training, technical assistance, and data 
        collection to improve the capacity of grantees and other 
        entities to offer legal assistance to victims of domestic 
        violence, stalking, and sexual assault.

    (d) Eligibility.--To be eligible for a grant under subsection (c), 
applicants shall certify in writing that--
            (1) any person providing legal assistance through a program 
        funded under subsection (c) has completed or will complete 
        training in connection with domestic violence or sexual assault 
        and related legal issues;
            (2) any training program conducted in satisfaction of the 
        requirement of paragraph (1) has been or will be developed with 
        input from and in collaboration with a State, local, or

[[Page 114 STAT. 1505]]

        tribal domestic violence or sexual assault program or coalition, 
        as well as appropriate State and local law enforcement 
        officials;
            (3) any person or organization providing legal assistance 
        through a program funded under subsection (c) has informed and 
        will continue to inform State, local, or tribal domestic 
        violence or sexual assault programs and coalitions, as well as 
        appropriate State and local law enforcement officials of their 
        work; and
            (4) the grantee's organizational policies do not require 
        mediation or counseling involving offenders and victims 
        physically together, in cases where sexual assault, domestic 
        violence, or child sexual abuse is an issue.

    (e) Evaluation.--The Attorney General may evaluate the grants funded 
under this section through contracts or other arrangements with entities 
expert on domestic violence, stalking, and sexual assault, and on 
evaluation research.
    (f ) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $40,000,000 for each of fiscal years 2001 
        through 2005.
            (2) Allocation of funds.--
                    (A) Tribal programs.--Of the amount made available 
                under this subsection in each fiscal year, not less than 
                5 percent shall be used for grants for programs that 
                assist victims of domestic violence, stalking, and 
                sexual assault on lands within the jurisdiction of an 
                Indian tribe.
                    (B) Victims of sexual assault.--Of the amount made 
                available under this subsection in each fiscal year, not 
                less than 25 percent shall be used for direct services, 
                training, and technical assistance to support projects 
                focused solely or primarily on providing legal 
                assistance to victims of sexual assault.
            (3) Nonsupplantation.--Amounts made available under this 
        section shall be used to supplement and not supplant other 
        Federal, State, and local funds expended to further the purpose 
        of this section.

SEC. 1202. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.

    (a) Reauthorization.--Section 310(a) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as 
follows:
    ``(a) In General.--There are authorized to be appropriated to carry 
out this title $175,000,000 for each of fiscal years 2001 through 
2005.''.
    (b) State Minimum; Reallotment.--Section 304 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10403) is amended--
            (1) in subsection (a), by striking ``for grants to States 
        for any fiscal year'' and all that follows and inserting the 
        following: ``and available for grants to States under this 
        subsection for any fiscal year--
            ``(1) Guam, American Samoa, the United States Virgin 
        Islands, and the Commonwealth of the Northern Mariana Islands 
        shall each be allotted not less than \1/8\ of 1 percent of the 
        amounts available for grants under section 303(a) for the fiscal 
        year for which the allotment is made; and

[[Page 114 STAT. 1506]]

            ``(2) each State shall be allotted for payment in a grant 
        authorized under section 303(a), $600,000, with the remaining 
        funds to be allotted to each State in an amount that bears the 
        same ratio to such remaining funds as the population of such 
        State bears to the population of all States.'';
            (2) in subsection (c), in the first sentence, by inserting 
        ``and available'' before ``for grants''; and
            (3) by adding at the end the following:

    ``(e) In subsection (a)(2), the term ``State'' does not include any 
jurisdiction specified in subsection (a)(1).''.

SEC. 1203. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC 
            VIOLENCE.

    Title III of the Family Violence Prevention and Services Act (42 
U.S.C. 10401 et seq.) is amended by adding at the end the following:

``SEC. 319. <<NOTE: 42 USC 10419.>> TRANSITIONAL HOUSING ASSISTANCE.

    ``(a) In General.--The Secretary shall award grants under this 
section to carry out programs to provide assistance to individuals, and 
their dependents--
            ``(1) who are homeless or in need of transitional housing or 
        other housing assistance, as a result of fleeing a situation of 
        domestic violence; and
            ``(2) for whom emergency shelter services are unavailable or 
        insufficient.

    ``(b) Assistance Described.--Assistance provided under this section 
may include--
            ``(1) short-term housing assistance, including rental or 
        utilities payments assistance and assistance with related 
        expenses, such as payment of security deposits and other costs 
        incidental to relocation to transitional housing, in cases in 
        which assistance described in this paragraph is necessary to 
        prevent homelessness because an individual or dependent is 
        fleeing a situation of domestic violence; and
            ``(2) support services designed to enable an individual or 
        dependent who is fleeing a situation of domestic violence to 
        locate and secure permanent housing, and to integrate the 
        individual or dependent into a community, such as 
        transportation, counseling, child care services, case 
        management, employment counseling, and other assistance.

    ``(c) Term of Assistance.--
            ``(1) In general.--Subject to paragraph (2), an individual 
        or dependent assisted under this section may not receive 
        assistance under this section for a total of more than 12 
        months.
            ``(2) Waiver.--The recipient of a grant under this section 
        may waive the restrictions of paragraph (1) for up to an 
        additional 6-month period with respect to any individual (and 
        dependents of the individual) who has made a good-faith effort 
        to acquire permanent housing and has been unable to acquire the 
        housing.

    ``(d) Reports.--
            ``(1) Report to secretary.--
                    ``(A) In general.--An entity that receives a grant 
                under this section shall annually prepare and submit to 
                the Secretary a report describing the number of 
                individuals and dependents assisted, and the types of 
                housing assistance and support services provided, under 
                this section.

[[Page 114 STAT. 1507]]

                    ``(B) Contents.--Each report shall include 
                information on--
                          ``(i) the purpose and amount of housing 
                      assistance provided to each individual or 
                      dependent assisted under this section;
                          ``(ii) the number of months each individual or 
                      dependent received the assistance;
                          ``(iii) the number of individuals and 
                      dependents who were eligible to receive the 
                      assistance, and to whom the entity could not 
                      provide the assistance solely due to a lack of 
                      available housing; and
                          ``(iv) the type of support services provided 
                      to each individual or dependent assisted under 
                      this section.
            ``(2) Report to congress.--The Secretary shall annually 
        prepare and submit to the Committee on the Judiciary of the 
        House of Representatives and the Committee on the Judiciary of 
        the Senate a report that contains a compilation of the 
        information contained in reports submitted under paragraph (1).

    ``(e) Evaluation, Monitoring, and Administration.--Of the amount 
appropriated under subsection (f ) for each fiscal year, not more than 1 
percent shall be used by the Secretary for evaluation, monitoring, and 
administrative costs under this section.
    ``(f ) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000 for fiscal year 
2001.''.

SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

    Section 316(f ) of the Family Violence Prevention and Services Act 
(42 U.S.C. 10416(f )) is amended by striking paragraph (1) and inserting 
the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section $2,000,000 for each of fiscal years 
        2001 through 2005.''.

SEC. 1205. FEDERAL VICTIMS COUNSELORS.

    Section 40114 of the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322; 108 Stat. 1910) is amended by striking 
``(such as District of Columbia)--'' and all that follows and inserting 
``(such as District of Columbia), $1,000,000 for each of fiscal years 
2001 through 2005.''.

SEC. 1206. <<NOTE: 42 USC 14042 note.>> STUDY OF STATE LAWS REGARDING 
            INSURANCE DISCRIMINATION AGAINST VICTIMS OF VIOLENCE AGAINST 
            WOMEN.

    (a) In General.--The Attorney General shall conduct a national study 
to identify State laws that address discrimination against victims of 
domestic violence and sexual assault related to issuance or 
administration of insurance policies.
    (b) Report.--Not <<NOTE: Deadline.>> later than 1 year after the 
date of the enactment of this Act, the Attorney General shall submit to 
Congress a report on the findings and recommendations of the study 
required by subsection (a).

SEC. 1207. <<NOTE: 42 USC 14042 note.>> STUDY OF WORKPLACE EFFECTS FROM 
            VIOLENCE AGAINST WOMEN.

    The Attorney General shall--

[[Page 114 STAT. 1508]]

            (1) conduct a national survey of plans, programs, and 
        practices developed to assist employers and employees on 
        appropriate responses in the workplace related to victims of 
        domestic violence, stalking, or sexual assault; and
            (2) not later than 18 months after the date of the enactment 
        of this Act, submit to Congress a report describing the results 
        of that survey, which report shall include the recommendations 
        of the Attorney General to assist employers and employees 
        affected in the workplace by incidents of domestic violence, 
        stalking, and sexual assault.

SEC. 1208. <<NOTE: 42 USC 14042 note.>> STUDY OF UNEMPLOYMENT 
            COMPENSATION FOR VICTIMS OF VIOLENCE AGAINST WOMEN.

    The Secretary of Labor, in consultation with the Attorney General, 
shall--
            (1) conduct a national study to identify State laws that 
        address the separation from employment of an employee due to 
        circumstances directly resulting from the experience of domestic 
        violence by the employee and circumstances governing that 
        receipt (or nonreceipt) by the employee of unemployment 
        compensation based on such separation; and
            (2) not later than 1 year after the date of the enactment of 
        this Act, submit to Congress a report describing the results of 
        that study, together with any recommendations based on that 
        study.

SEC. 1209. ENHANCING PROTECTIONS FOR OLDER AND DISABLED WOMEN FROM 
            DOMESTIC VIOLENCE AND SEXUAL ASSAULT.

    (a) Elder Abuse, Neglect, and Exploitation.--The Violence Against 
Women Act of 1994 (108 Stat. 1902 et seq.) is amended by adding at the 
end the following:

``Subtitle H--Elder Abuse, Neglect, and Exploitation, Including Domestic 
    Violence and Sexual Assault Against Older or Disabled Individuals

``SEC. 40801. <<NOTE: 42 USC 14041.>> DEFINITIONS.

    ``In this subtitle:
            ``(1) In general.--The terms `elder abuse, neglect, and 
        exploitation', and `older individual' have the meanings given 
        the terms in section 102 of the Older Americans Act of 1965 (42 
        U.S.C. 3002).
            ``(2) Domestic violence.--The term `domestic violence' has 
        the meaning given such term by section 2003 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2).
            ``(3) Sexual assault.--The term `sexual assault' has the 
        meaning given the term in section 2003 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).

[[Page 114 STAT. 1509]]

``SEC. 40802. <<NOTE: 42 USC 14041a.>> TRAINING PROGRAMS FOR LAW 
            ENFORCEMENT OFFICERS.

    ``The Attorney General may make grants for training programs to 
assist law enforcement officers, prosecutors, and relevant officers of 
Federal, State, tribal, and local courts in recognizing, addressing, 
investigating, and prosecuting instances of elder abuse, neglect, and 
exploitation and violence against individuals with disabilities, 
including domestic violence and sexual assault, against older or 
disabled individuals.

``SEC. 40803. <<NOTE: 42 USC 14041b.>> AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subtitle 
$5,000,000 for each of fiscal years 2001 through 2005.''.
    (b) Protections for Older and Disabled Individuals From Domestic 
Violence and Sexual Assault in Pro-Arrest Grants.--Section 2101(b) of 
part U of title I of the Omnibus Crime Control and Safe <<NOTE: 42 USC 
3796hh.>> Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended by 
adding at the end the following:
            ``(8) To develop or strengthen policies and training for 
        police, prosecutors, and the judiciary in recognizing, 
        investigating, and prosecuting instances of domestic violence 
        and sexual assault against older individuals (as defined in 
        section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) 
        and individuals with disabilities (as defined in section 3(2) of 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102(2))).''.

    (c) Protections for Older and Disabled Individuals From Domestic 
Violence and Sexual Assault in STOP Grants.--Section 2001(b) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg(b)) (as amended by section 1103(b) of this division) is amended 
by adding at the end the following:
            ``(10) developing, enlarging, or strengthening programs to 
        assist law enforcement, prosecutors, courts, and others to 
        address the needs and circumstances of older and disabled women 
        who are victims of domestic violence or sexual assault, 
        including recognizing, investigating, and prosecuting instances 
        of such violence or assault and targeting outreach and support, 
        counseling, and other victim services to such older and disabled 
        individuals; and''.

         TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

SEC. 1301. <<NOTE: 42 USC 10420.>> SAFE HAVENS FOR CHILDREN PILOT 
            PROGRAM.

    (a) In General.--The Attorney General may award grants to States, 
units of local government, and Indian tribal governments that propose to 
enter into or expand the scope of existing contracts and cooperative 
agreements with public or private nonprofit entities to provide 
supervised visitation and safe visitation exchange of children by and 
between parents in situations involving domestic violence, child abuse, 
sexual assault, or stalking.
    (b) Considerations.--In awarding grants under subsection (a), the 
Attorney General shall take into account--
            (1) the number of families to be served by the proposed 
        visitation programs and services;

[[Page 114 STAT. 1510]]

            (2) the extent to which the proposed supervised visitation 
        programs and services serve underserved populations (as defined 
        in section 2003 of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796gg-2));
            (3) with respect to an applicant for a contract or 
        cooperative agreement, the extent to which the applicant 
        demonstrates cooperation and collaboration with nonprofit, 
        nongovernmental entities in the local community served, 
        including the State or tribal domestic violence coalition, State 
        or tribal sexual assault coalition, local shelters, and programs 
        for domestic violence and sexual assault victims; and
            (4) the extent to which the applicant demonstrates 
        coordination and collaboration with State and local court 
        systems, including mechanisms for communication and referral.

    (c) Applicant Requirements.--The Attorney General shall award grants 
for contracts and cooperative agreements to applicants that--
            (1) demonstrate expertise in the area of family violence, 
        including the areas of domestic violence or sexual assault, as 
        appropriate;
            (2) ensure that any fees charged to individuals for use of 
        programs and services are based on the income of those 
        individuals, unless otherwise provided by court order;
            (3) demonstrate that adequate security measures, including 
        adequate facilities, procedures, and personnel capable of 
        preventing violence, are in place for the operation of 
        supervised visitation programs and services or safe visitation 
        exchange; and
            (4) prescribe standards by which the supervised visitation 
        or safe visitation exchange will occur.

    (d) Reporting.--
            (1) In general.--Not <<NOTE: Deadline.>> later than 1 year 
        after the last day of the first fiscal year commencing on or 
        after the date of the enactment of this Act, and not later than 
        180 days after the last day of each fiscal year thereafter, the 
        Attorney General shall submit to Congress a report that includes 
        information concerning--
                    (A) the number of--
                          (i) individuals served and the number of 
                      individuals turned away from visitation programs 
                      and services and safe visitation exchange 
                      (categorized by State);
                          (ii) the number of individuals from 
                      underserved populations served and turned away 
                      from services; and
                          (iii) the type of problems that underlie the 
                      need for supervised visitation or safe visitation 
                      exchange, such as domestic violence, child abuse, 
                      sexual assault, other physical abuse, or a 
                      combination of such factors;
                    (B) the numbers of supervised visitations or safe 
                visitation exchanges ordered under this section during 
                custody determinations under a separation or divorce 
                decree or protection order, through child protection 
                services or other social services agencies, or by any 
                other order of a civil, criminal, juvenile, or family 
                court;
                    (C) the process by which children or abused partners 
                are protected during visitations, temporary custody 
                transfers, and other activities for which supervised 
                visitation is established under this section;

[[Page 114 STAT. 1511]]

                    (D) safety and security problems occurring during 
                the reporting period during supervised visitation under 
                this section, including the number of parental abduction 
                cases; and
                    (E) the number of parental abduction cases in a 
                judicial district using supervised visitation programs 
                and services under this section, both as identified in 
                criminal prosecution and custody violations.
            (2) Guidelines.--The Attorney General shall establish 
        guidelines for the collection and reporting of data under this 
        subsection.

    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 2001 and 2002.
    (f ) Allotment for Indian Tribes.--Not less than 5 percent of the 
total amount made available for each fiscal year to carry out this 
section shall be available for grants to Indian tribal governments.

SEC. 1302. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PROGRAMS.

    (a) Court-Appointed Special Advocate Program.--Section 218 of the 
Victims of Child Abuse Act of 1990 (42 U.S.C. 13014) is amended by 
striking subsection (a) and inserting the following:
    ``(a) Authorization.--There is authorized to be appropriated to 
carry out this subtitle $12,000,000 for each of fiscal years 2001 
through 2005.''.
    (b) Child Abuse Training Programs for Judicial Personnel and 
Practitioners.--Section 224 of the Victims of Child Abuse Act of 1990 
(42 U.S.C. 13024) is amended by striking subsection (a) and inserting 
the following:
    ``(a) Authorization.--There is authorized to be appropriated to 
carry out this subtitle $2,300,000 for each of fiscal years 2001 through 
2005.''.
    (c) Grants for Televised Testimony.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)) is amended by striking paragraph (7) and inserting the 
following:
    ``(7) There is authorized to be appropriated to carry out part N 
$1,000,000 for each of fiscal years 2001 through 2005.''.
    (d) Dissemination of Information.--The <<NOTE: 42 USC 3793 
note.>> Attorney General shall--
            (1) annually compile and disseminate information (including 
        through electronic publication) about the use of amounts 
        expended and the projects funded under section 218(a) of the 
        Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)), section 
        224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
        13024(a)), and section 1007(a)(7) of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3793(a)(7)), including any evaluations of the projects and 
        information to enable replication and adoption of the strategies 
        identified in the projects; and
            (2) focus dissemination of the information described in 
        paragraph (1) toward community-based programs, including 
        domestic violence and sexual assault programs.

[[Page 114 STAT. 1512]]

SEC. 1303. <<NOTE: 28 USC 1738A note.>> REPORT ON EFFECTS OF PARENTAL 
            KIDNAPPING LAWS IN DOMESTIC VIOLENCE CASES.

    (a) In General.--The Attorney General shall--
            (1) conduct a study of Federal and State laws relating to 
        child custody, including custody provisions in protection 
        orders, the Uniform Child Custody Jurisdiction and Enforcement 
        Act adopted by the National Conference of Commissioners on 
        Uniform State Laws in July 1997, the Parental Kidnaping 
        Prevention Act of 1980 and the amendments made by that Act, and 
        the effect of those laws on child custody cases in which 
        domestic violence is a factor; and
            (2) submit to Congress a report describing the results of 
        that study, including the effects of implementing or applying 
        model State laws, and the recommendations of the Attorney 
        General to reduce the incidence or pattern of violence against 
        women or of sexual assault of the child.

    (b) Sufficiency of Defenses.--In carrying out subsection (a) with 
respect to the Parental Kidnaping Prevention Act of 1980 and the 
amendments made by that Act, the Attorney General shall examine the 
sufficiency of defenses to parental abduction charges available in cases 
involving domestic violence, and the burdens and risks encountered by 
victims of domestic violence arising from jurisdictional requirements of 
that Act and the amendments made by that Act.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $200,000 for fiscal year 2001.
    (d) Condition for Custody Determination.--Section 1738A(c)(2)(C)(ii) 
of title 28, United States Code, is amended by striking ``he'' and 
inserting ``the child, a sibling, or parent of the child''.

   TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                              AGAINST WOMEN

SEC. 1401. RAPE PREVENTION AND EDUCATION.

    (a) In General.--Part J of title III of the Public Health Service 
Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393A 
the following:

``SEC. 393B. <<NOTE: 42 USC 280b-1c.>> USE OF ALLOTMENTS FOR RAPE 
            PREVENTION EDUCATION.

    ``(a) Permitted Use.--The Secretary, acting through the National 
Center for Injury Prevention and Control at the Centers for Disease 
Control and Prevention, shall award targeted grants to States to be used 
for rape prevention and education programs conducted by rape crisis 
centers, State sexual assault coalitions, and other public and private 
nonprofit entities for--
            ``(1) educational seminars;
            ``(2) the operation of hotlines;
            ``(3) training programs for professionals;
            ``(4) the preparation of informational material;
            ``(5) education and training programs for students and 
        campus personnel designed to reduce the incidence of sexual 
        assault at colleges and universities;

[[Page 114 STAT. 1513]]

            ``(6) education to increase awareness about drugs used to 
        facilitate rapes or sexual assaults; and
            ``(7) other efforts to increase awareness of the facts 
        about, or to help prevent, sexual assault, including efforts to 
        increase awareness in underserved communities and awareness 
        among individuals with disabilities (as defined in section 3 of 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).

    ``(b) Collection and Dissemination of Information on Sexual 
Assault.--The Secretary shall, through the National Resource Center on 
Sexual Assault established under the National Center for Injury 
Prevention and Control at the Centers for Disease Control and 
Prevention, provide resource information, policy, training, and 
technical assistance to Federal, State, local, and Indian tribal 
agencies, as well as to State sexual assault coalitions and local sexual 
assault programs and to other professionals and interested parties on 
issues relating to sexual assault, including maintenance of a central 
resource library in order to collect, prepare, analyze, and disseminate 
information and statistics and analyses thereof relating to the 
incidence and prevention of sexual assault.
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        carry out this section $80,000,000 for each of fiscal years 2001 
        through 2005.
            ``(2) National resource center allotment.--Of the total 
        amount made available under this subsection in each fiscal year, 
        not more than the greater of $1,000,000 or 2 percent of such 
        amount shall be available for allotment under subsection (b).

    ``(d) Limitations.--
            ``(1) Supplement not supplant.--Amounts provided to States 
        under this section shall be used to supplement and not supplant 
        other Federal, State, and local public funds expended to provide 
        services of the type described in subsection (a).
            ``(2) Studies.--A State may not use more than 2 percent of 
        the amount received by the State under this section for each 
        fiscal year for surveillance studies or prevalence studies.
            ``(3) Administration.--A State may not use more than 5 
        percent of the amount received by the State under this section 
        for each fiscal year for administrative expenses.''.

    (b) Repeal.--Section 40151 of the Violence Against Women Act of 1994 
(108 Stat. 1920), <<NOTE: 42 USC 300w-10.>> and the amendment made by 
such section, is repealed.

SEC. 1402. <<NOTE: 42 USC 3796gg-7.>> EDUCATION AND TRAINING TO END 
            VIOLENCE AGAINST AND ABUSE OF WOMEN WITH DISABILITIES.

    (a) In General.--The Attorney General, in consultation with the 
Secretary of Health and Human Services, may award grants to States, 
units of local government, Indian tribal governments, and 
nongovernmental private entities to provide education and technical 
assistance for the purpose of providing training, consultation, and 
information on domestic violence, stalking, and sexual assault against 
women who are individuals with disabilities (as defined in section 3 of 
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).

[[Page 114 STAT. 1514]]

    (b) Priorities.--In awarding grants under this section, the Attorney 
General shall give priority to applications designed to provide 
education and technical assistance on--
            (1) the nature, definition, and characteristics of domestic 
        violence, stalking, and sexual assault experienced by women who 
        are individuals with disabilities;
            (2) outreach activities to ensure that women who are 
        individuals with disabilities who are victims of domestic 
        violence, stalking, and sexual assault receive appropriate 
        assistance;
            (3) the requirements of shelters and victim services 
        organizations under Federal anti-discrimination laws, including 
        the Americans with Disabilities Act of 1990 and section 504 of 
        the Rehabilitation Act of 1973; and
            (4) cost-effective ways that shelters and victim services 
        may accommodate the needs of individuals with disabilities in 
        accordance with the Americans with Disabilities Act of 1990.

    (c) Uses of Grants.--Each recipient of a grant under this section 
shall provide information and training to organizations and programs 
that provide services to individuals with disabilities, including 
independent living centers, disability-related service organizations, 
and domestic violence programs providing shelter or related assistance.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $7,500,000 for each of fiscal 
years 2001 through 2005.

SEC. 1403. COMMUNITY INITIATIVES.

    Section 318 of the Family Violence Prevention and Services Act (42 
U.S.C. 10418) is amended by striking subsection (h) and inserting the 
following:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $6,000,000 for each of fiscal 
years 2001 through 2005.''.

SEC. 1404. <<NOTE: 42 USC 13961 note.>> DEVELOPMENT OF RESEARCH AGENDA 
            IDENTIFIED BY THE VIOLENCE AGAINST WOMEN ACT OF 1994.

    (a) In General.--The Attorney General shall--
            (1) direct the National Institute of Justice, in 
        consultation and coordination with the Bureau of Justice 
        Statistics and the National Academy of Sciences, through its 
        National Research Council, to develop a research agenda based on 
        the recommendations contained in the report entitled 
        ``Understanding Violence Against Women'' of the National Academy 
        of Sciences; and
            (2) <<NOTE: Deadline.>> not later than 1 year after the date 
        of the enactment of this Act, in consultation with the Secretary 
        of the Department of Health and Human Services, submit to 
        Congress a report which shall include--
                    (A) a description of the research agenda developed 
                under paragraph (1) and a plan to implement that agenda; 
                and
                    (B) recommendations for priorities in carrying out 
                that agenda to most effectively advance knowledge about 
                and means by which to prevent or reduce violence against 
                women.

[[Page 114 STAT. 1515]]

    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 1405. <<NOTE: 42 USC 3796gg note.>> STANDARDS, PRACTICE, AND 
            TRAINING FOR SEXUAL ASSAULT FORENSIC EXAMINATIONS.

    (a) In General.--The Attorney General shall--
            (1) evaluate existing standards of training and practice for 
        licensed health care professionals performing sexual assault 
        forensic examinations and develop a national recommended 
        standard for training;
            (2) recommend sexual assault forensic examination training 
        for all health care students to improve the recognition of 
        injuries suggestive of rape and sexual assault and baseline 
        knowledge of appropriate referrals in victim treatment and 
        evidence collection; and
            (3) review existing national, State, tribal, and local 
        protocols on sexual assault forensic examinations, and based on 
        this review, develop a recommended national protocol and 
        establish a mechanism for its nationwide dissemination.

    (b) Consultation.--The Attorney General shall consult with national, 
State, tribal, and local experts in the area of rape and sexual assault, 
including rape crisis centers, State and tribal sexual assault and 
domestic violence coalitions and programs, and programs for criminal 
justice, forensic nursing, forensic science, emergency room medicine, 
law, social services, and sex crimes in underserved communities (as 
defined in section 2003(7) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)), as amended by this 
division).
    (c) Report.--The Attorney General shall ensure that not later than 1 
year after the date of the enactment of this Act, a report of the 
actions taken pursuant to subsection (a) is submitted to Congress.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $200,000 for fiscal year 2001.

SEC. 1406. EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL.

    (a) Grants for Education and Training for Judges and Court Personnel 
in State Courts.--
            (1) Section 40412.--Section 40412 of the Equal Justice for 
        Women in the Courts Act of 1994 (42 U.S.C. 13992) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (18);
                    (B) by striking the period at the end of paragraph 
                (19) and inserting a semicolon; and
                    (C) by inserting after paragraph (19) the following:
            ``(20) the issues raised by domestic violence in determining 
        custody and visitation, including how to protect the safety of 
        the child and of a parent who is not a predominant aggressor of 
        domestic violence, the legitimate reasons parents may report 
        domestic violence, the ways domestic violence may relate to an 
        abuser's desire to seek custody, and evaluating expert testimony 
        in custody and visitation determinations involving domestic 
        violence;
            ``(21) the issues raised by child sexual assault in 
        determining custody and visitation, including how to protect the

[[Page 114 STAT. 1516]]

        safety of the child, the legitimate reasons parents may report 
        child sexual assault, and evaluating expert testimony in custody 
        and visitation determinations involving child sexual assault, 
        including the current scientifically-accepted and empirically 
        valid research on child sexual assault;
            ``(22) the extent to which addressing domestic violence and 
        victim safety contributes to the efficient administration of 
        justice;''.
            (2) Section 40414.--Section 40414(a) of the Equal Justice 
        for Women in the Courts Act of 1994 (42 U.S.C. 13994(a)) is 
        amended by inserting ``and $1,500,000 for each of the fiscal 
        years 2001 through 2005'' after ``1996''.

    (b) Grants for Education and Training for Judges and Court Personnel 
in Federal Courts.--
            (1) Section 40421.--Section 40421(d) of the Equal Justice 
        for Women in the Courts Act of 1994 (42 U.S.C. 14001(d)) is 
        amended to read as follows:

    ``(d) Continuing Education and Training Programs.--The Federal 
Judicial Center, in carrying out section 620(b)(3) of title 28, United 
States Code, shall include in the educational programs it prepares, 
including the training programs for newly appointed judges, information 
on the aspects of the topics listed in section 40412 that pertain to 
issues within the jurisdiction of the Federal courts, and shall prepare 
materials necessary to implement this subsection.''.
            (2) Section 40422.--Section 40422(2) of the Equal Justice 
        for Women in the Courts Act of 1994 (42 U.S.C. 14002(2)) is 
        amended by inserting ``and $500,000 for each of the fiscal years 
        2001 through 2005'' after ``1996''.

    (c) Technical Amendments to the Equal Justice for Women in the 
Courts Act of 1994.--
            (1) Ensuring collaboration with domestic violence and sexual 
        assault programs.--Section 40413 of the Equal Justice for Women 
        in the Courts Act of 1994 (42 U.S.C. 13993) is amended by adding 
        ``, including national, State, tribal, and local domestic 
        violence and sexual assault programs and coalitions'' after 
        ``victim advocates''.
            (2) Participation of tribal courts in state training and 
        education programs.--Section 40411 of the Equal Justice for 
        Women in the Courts Act of 1994 (42 U.S.C. 13991) is amended by 
        adding at the end the following: ``Nothing shall preclude the 
        attendance of tribal judges and court personnel at programs 
        funded under this section for States to train judges and court 
        personnel on the laws of the States.''.
            (3) Use of funds for dissemination of model programs.--
        Section 40414 of the Equal Justice for Women in the Courts Act 
        of 1994 (42 U.S.C. 13994) is amended by adding at the end the 
        following:

    ``(c) State Justice Institute.--The State Justice Institute may use 
up to 5 percent of the funds appropriated under this section for 
annually compiling and broadly disseminating (including through 
electronic publication) information about the use of funds and about the 
projects funded under this section, including any evaluations of the 
projects and information to enable the replication and adoption of the 
projects.''.
    (d) Dating Violence.--

[[Page 114 STAT. 1517]]

            (1) Section 40411.--Section 40411 of the Equal Justice for 
        Women in Courts Act of 1994 (42 U.S.C 13991) is amended by 
        inserting ``dating violence,'' after ``domestic violence,''.
            (2) Section 40412.--Section 40412 of such Act (42 U.S.C 
        13992) is amended--
                    (A) in paragraph (10), by inserting ``and dating 
                violence (as defined in section 2003 of title I of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (42 
                U.S.C. 3996gg-2))'' before the semicolon;
                    (B) in paragraph (11), by inserting ``and dating 
                violence'' after ``domestic violence'';
                    (C) in paragraph (13), by inserting ``and dating 
                violence'' after ``domestic violence'' in both places 
                that it appears;
                    (D) in paragraph (17), by inserting ``or dating 
                violence'' after ``domestic violence'' in both places 
                that it appears; and
                    (E) in paragraph (18), by inserting ``and dating 
                violence'' after ``domestic violence''.

SEC. 1407. DOMESTIC VIOLENCE TASK FORCE

    The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) (as 
amended by section 1209(a) of this division) is amended by adding at the 
end the following:

               ``Subtitle I--Domestic Violence Task Force

``SEC. 40901. <<NOTE: 42 USC 14042.>> TASK FORCE.

    ``(a) Establish.--The Attorney General, in consultation with 
national nonprofit, nongovernmental organizations whose primary 
expertise is in domestic violence, shall establish a task force to 
coordinate research on domestic violence and to report to Congress on 
any overlapping or duplication of efforts on domestic violence issues. 
The task force shall be comprised of representatives from all Federal 
agencies that fund such research.
    ``(b) Uses of Funds.--Funds appropriated under this section shall be 
used to--
            ``(1) develop a coordinated strategy to strengthen research 
        focused on domestic violence education, prevention, and 
        intervention strategies;
            ``(2) track and report all Federal research and expenditures 
        on domestic violence; and
            ``(3) identify gaps and duplication of efforts in domestic 
        violence research and governmental expenditures on domestic 
        violence issues.

    ``(c) Report.--The Task Force shall report to Congress annually on 
its work under subsection (b).
    ``(d) Definition.--For purposes of this section, the term `domestic 
violence' has the meaning given such term by section 2003 of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg-2(1)).
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000 for each of fiscal years 
2001 through 2004.''.

[[Page 114 STAT. 1518]]

  TITLE <<NOTE: Battered Immigrant Women Protection Act of 2000.>> V--
BATTERED IMMIGRANT WOMEN

SEC. 1501. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.

    This title may be cited as the ``Battered Immigrant Women Protection 
Act of 2000''.

SEC. 1502. <<NOTE: 8 USC 1101 note.>> FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the goal of the immigration protections for battered 
        immigrants included in the Violence Against Women Act of 1994 
        was to remove immigration laws as a barrier that kept battered 
        immigrant women and children locked in abusive relationships;
            (2) providing battered immigrant women and children who were 
        experiencing domestic violence at home with protection against 
        deportation allows them to obtain protection orders against 
        their abusers and frees them to cooperate with law enforcement 
        and prosecutors in criminal cases brought against their abusers 
        and the abusers of their children without fearing that the 
        abuser will retaliate by withdrawing or threatening withdrawal 
        of access to an immigration benefit under the abuser's control; 
        and
            (3) there are several groups of battered immigrant women and 
        children who do not have access to the immigration protections 
        of the Violence Against Women Act of 1994 which means that their 
        abusers are virtually immune from prosecution because their 
        victims can be deported as a result of action by their abusers 
        and the Immigration and Naturalization Service cannot offer them 
        protection no matter how compelling their case under existing 
        law.

    (b) Purposes.--The purposes of this title are--
            (1) to remove barriers to criminal prosecutions of persons 
        who commit acts of battery or extreme cruelty against immigrant 
        women and children; and
            (2) to offer protection against domestic violence occurring 
        in family and intimate relationships that are covered in State 
        and tribal protection orders, domestic violence, and family law 
        statutes.

SEC. 1503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE 
            AGAINST WOMEN ACT OF 1994 FOR BATTERED IMMIGRANT WOMEN.

    (a) Intended Spouse Defined.--Section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the 
following:
    ``(50) The term `intended spouse' means any alien who meets the 
criteria set forth in section 204(a)(1)(A)(iii)(II)(aa)(BB), 
204(a)(1)(B)(ii)(II)(aa)(BB), or 240A(b)(2)(A)(i)(III).''.
    (b) Immediate Relative Status for Self-Petitioners Married to U.S. 
Citizens.--
            (1) Self-petitioning spouses.--
                    (A) Battery or cruelty to alien or alien's child.--
                Section 204(a)(1)(A)(iii) of the Immigration and 
                Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended 
                to read as follows:

[[Page 114 STAT. 1519]]

    ``(iii)(I) An alien who is described in subclause (II) may file a 
petition with the Attorney General under this clause for classification 
of the alien (and any child of the alien) if the alien demonstrates to 
the Attorney General that--
            ``(aa) the marriage or the intent to marry the United States 
        citizen was entered into in good faith by the alien; and
            ``(bb) during the marriage or relationship intended by the 
        alien to be legally a marriage, the alien or a child of the 
        alien has been battered or has been the subject of extreme 
        cruelty perpetrated by the alien's spouse or intended spouse.

    ``(II) For purposes of subclause (I), an alien described in this 
subclause is an alien--
            ``(aa)(AA) who is the spouse of a citizen of the United 
        States;
            ``(BB) who believed that he or she had married a citizen of 
        the United States and with whom a marriage ceremony was actually 
        performed and who otherwise meets any applicable requirements 
        under this Act to establish the existence of and bona fides of a 
        marriage, but whose marriage is not legitimate solely because of 
        the bigamy of such citizen of the United States; or
            ``(CC) who was a bona fide spouse of a United States citizen 
        within the past 2 years and--
                    ``(aaa) whose spouse died within the past 2 years;
                    ``(bbb) whose spouse lost or renounced citizenship 
                status within the past 2 years related to an incident of 
                domestic violence; or
                    ``(ccc) who demonstrates a connection between the 
                legal termination of the marriage within the past 2 
                years and battering or extreme cruelty by the United 
                States citizen spouse;
            ``(bb) who is a person of good moral character;
            ``(cc) who is eligible to be classified as an immediate 
        relative under section 201(b)(2)(A)(i) or who would have been so 
        classified but for the bigamy of the citizen of the United 
        States that the alien intended to marry; and
            ``(dd) who has resided with the alien's spouse or intended 
        spouse.''.
            (2) Self-petitioning children.--Section 204(a)(1)(A)(iv) of 
        the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) 
        is amended to read as follows:

    ``(iv) An alien who is the child of a citizen of the United States, 
or who was a child of a United States citizen parent who within the past 
2 years lost or renounced citizenship status related to an incident of 
domestic violence, and who is a person of good moral character, who is 
eligible to be classified as an immediate relative under section 
201(b)(2)(A)(i), and who resides, or has resided in the past, with the 
citizen parent may file a petition with the Attorney General under this 
subparagraph for classification of the alien (and any child of the 
alien) under such section if the alien demonstrates to the Attorney 
General that the alien has been battered by or has been the subject of 
extreme cruelty perpetrated by the alien's citizen parent. For purposes 
of this clause, residence includes any period of visitation.''.
            (3) Filing of petitions.--Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is 
        amended by adding at the end the following:

[[Page 114 STAT. 1520]]

    ``(v) An alien who--
            ``(I) is the spouse, intended spouse, or child living abroad 
        of a citizen who--
                    ``(aa) is an employee of the United States 
                Government;
                    ``(bb) is a member of the uniformed services (as 
                defined in section 101(a) of title 10, United States 
                Code); or
                    ``(cc) has subjected the alien or the alien's child 
                to battery or extreme cruelty in the United States; and
            ``(II) is eligible to file a petition under clause (iii) or 
        (iv),

shall file such petition with the Attorney General under the procedures 
that apply to self-petitioners under clause (iii) or (iv), as 
applicable.''.
    (c) Second Preference Immigration Status for Self-Petitioners 
Married to Lawful Permanent Residents.--
            (1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of 
        the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)) 
        is amended to read as follows:

    ``(ii)(I) An alien who is described in subclause (II) may file a 
petition with the Attorney General under this clause for classification 
of the alien (and any child of the alien) if such a child has not been 
classified under clause (iii) of section 203(a)(2)(A) and if the alien 
demonstrates to the Attorney General that--
            ``(aa) the marriage or the intent to marry the lawful 
        permanent resident was entered into in good faith by the alien; 
        and
            ``(bb) during the marriage or relationship intended by the 
        alien to be legally a marriage, the alien or a child of the 
        alien has been battered or has been the subject of extreme 
        cruelty perpetrated by the alien's spouse or intended spouse.

    ``(II) For purposes of subclause (I), an alien described in this 
paragraph is an alien--
            ``(aa)(AA) who is the spouse of a lawful permanent resident 
        of the United States; or
            ``(BB) who believed that he or she had married a lawful 
        permanent resident of the United States and with whom a marriage 
        ceremony was actually performed and who otherwise meets any 
        applicable requirements under this Act to establish the 
        existence of and bona fides of a marriage, but whose marriage is 
        not legitimate solely because of the bigamy of such lawful 
        permanent resident of the United States; or
            ``(CC) who was a bona fide spouse of a lawful permanent 
        resident within the past 2 years and--
                    ``(aaa) whose spouse lost status within the past 2 
                years due to an incident of domestic violence; or
                    ``(bbb) who demonstrates a connection between the 
                legal termination of the marriage within the past 2 
                years and battering or extreme cruelty by the lawful 
                permanent resident spouse;
            ``(bb) who is a person of good moral character;
            ``(cc) who is eligible to be classified as a spouse of an 
        alien lawfully admitted for permanent residence under section 
        203(a)(2)(A) or who would have been so classified but for the 
        bigamy of the lawful permanent resident of the United States 
        that the alien intended to marry; and
            ``(dd) who has resided with the alien's spouse or intended 
        spouse.''.

[[Page 114 STAT. 1521]]

            (2) Self-petitioning children.--Section 204(a)(1)(B)(iii) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)(iii)) is amended to read as follows:

    ``(iii) An alien who is the child of an alien lawfully admitted for 
permanent residence, or who was the child of a lawful permanent resident 
who within the past 2 years lost lawful permanent resident status due to 
an incident of domestic violence, and who is a person of good moral 
character, who is eligible for classification under section 
203(a)(2)(A), and who resides, or has resided in the past, with the 
alien's permanent resident alien parent may file a petition with the 
Attorney General under this subparagraph for classification of the alien 
(and any child of the alien) under such section if the alien 
demonstrates to the Attorney General that the alien has been battered by 
or has been the subject of extreme cruelty perpetrated by the alien's 
permanent resident parent.''.
            (3) Filing of petitions.--Section 204(a)(1)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is 
        amended by adding at the end the following:

    ``(iv) An alien who--
            ``(I) is the spouse, intended spouse, or child living abroad 
        of a lawful permanent resident who--
                    ``(aa) is an employee of the United States 
                Government;
                    ``(bb) is a member of the uniformed services (as 
                defined in section 101(a) of title 10, United States 
                Code); or
                    ``(cc) has subjected the alien or the alien's child 
                to battery or extreme cruelty in the United States; and
            ``(II) is eligible to file a petition under clause (ii) or 
        (iii),

shall file such petition with the Attorney General under the procedures 
that apply to self-petitioners under clause (ii) or (iii), as 
applicable.''.
    (d) Good Moral Character Determinations for Self-Petitioners and 
Treatment of Child Self-Petitioners and Petitions Including Derivative 
Children Attaining 21 Years of Age.--Section 204(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) by redesignating subparagraphs (C) through (H) as 
        subparagraphs (E) through (J), respectively;
            (2) by inserting after subparagraph (B) the following:

    ``(C) Notwithstanding section 101(f ), an act or conviction that is 
waivable with respect to the petitioner for purposes of a determination 
of the petitioner's admissibility under section 212(a) or deportability 
under section 237(a) shall not bar the Attorney General from finding the 
petitioner to be of good moral character under subparagraph (A)(iii), 
(A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds that the act 
or conviction was connected to the alien's having been battered or 
subjected to extreme cruelty.
    ``(D)(i)(I) Any child who attains 21 years of age who has filed a 
petition under clause (iv) of section 204(a)(1)(A) that was filed or 
approved before the date on which the child attained 21 years of age 
shall be considered (if the child has not been admitted or approved for 
lawful permanent residence by the date the child attained 21 years of 
age) a petitioner for preference status under paragraph (1), (2), or (3) 
of section 203(a), whichever paragraph is applicable, with the same 
priority date assigned to the self-petition filed under clause (iv) of 
section 204(a)(1)(A). No new petition shall be required to be filed.

[[Page 114 STAT. 1522]]

    ``(II) Any individual described in subclause (I) is eligible for 
deferred action and work authorization.
    ``(III) Any derivative child who attains 21 years of age who is 
included in a petition described in clause (ii) that was filed or 
approved before the date on which the child attained 21 years of age 
shall be considered (if the child has not been admitted or approved for 
lawful permanent residence by the date the child attained 21 years of 
age) a petitioner for preference status under paragraph (1), (2), or (3) 
of section 203(a), whichever paragraph is applicable, with the same 
priority date as that assigned to the petitioner in any petition 
described in clause (ii). No new petition shall be required to be filed.
    ``(IV) Any individual described in subclause (III) and any 
derivative child of a petition described in clause (ii) is eligible for 
deferred action and work authorization.
    ``(ii) The petition referred to in clause (i)(III) is a petition 
filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or 
(B)(iii) in which the child is included as a derivative beneficiary.''; 
and
            (3) in subparagraph (J) (as so redesignated), by inserting 
        ``or in making determinations under subparagraphs (C) and (D),'' 
        after ``subparagraph (B),''.

    (e) Access to Naturalization for Divorced Victims of Abuse.--Section 
319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is 
amended--
            (1) by inserting ``, or any person who obtained status as a 
        lawful permanent resident by reason of his or her status as a 
        spouse or child of a United States citizen who battered him or 
        her or subjected him or her to extreme cruelty,'' after ``United 
        States'' the first place such term appears; and
            (2) by inserting ``(except in the case of a person who has 
        been battered or subjected to extreme cruelty by a United States 
        citizen spouse or parent)'' after ``has been living in marital 
        union with the citizen spouse''.

SEC. 1504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND SUSPENSION OF 
            DEPORTATION UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994.

    (a) Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.--Section 240A(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows:
            ``(2) Special rule for battered spouse or child.--
                    ``(A) Authority.--The Attorney General may cancel 
                removal of, and adjust to the status of an alien 
                lawfully admitted for permanent residence, an alien who 
                is inadmissible or deportable from the United States if 
                the alien demonstrates that--
                          ``(i)(I) the alien has been battered or 
                      subjected to extreme cruelty by a spouse or parent 
                      who is or was a United States citizen (or is the 
                      parent of a child of a United States citizen and 
                      the child has been battered or subjected to 
                      extreme cruelty by such citizen parent);
                          ``(II) the alien has been battered or 
                      subjected to extreme cruelty by a spouse or parent 
                      who is or was a lawful permanent resident (or is 
                      the parent of a

[[Page 114 STAT. 1523]]

                      child of an alien who is or was a lawful permanent 
                      resident and the child has been battered or 
                      subjected to extreme cruelty by such permanent 
                      resident parent); or
                          ``(III) the alien has been battered or 
                      subjected to extreme cruelty by a United States 
                      citizen or lawful permanent resident whom the 
                      alien intended to marry, but whose marriage is not 
                      legitimate because of that United States citizen's 
                      or lawful permanent resident's bigamy;
                          ``(ii) the alien has been physically present 
                      in the United States for a continuous period of 
                      not less than 3 years immediately preceding the 
                      date of such application, and the issuance of a 
                      charging document for removal proceedings shall 
                      not toll the 3-year period of continuous physical 
                      presence in the United States;
                          ``(iii) the alien has been a person of good 
                      moral character during such period, subject to the 
                      provisions of subparagraph (C);
                          ``(iv) the alien is not inadmissible under 
                      paragraph (2) or (3) of section 212(a), is not 
                      deportable under paragraphs (1)(G) or (2) through 
                      (4) of section 237(a) (except in a case described 
                      in section 237(a)(7) where the Attorney General 
                      exercises discretion to grant a waiver), and has 
                      not been convicted of an aggravated felony; and
                          ``(v) the removal would result in extreme 
                      hardship to the alien, the alien's child, or the 
                      alien's parent.
                    ``(B) Physical presence.--Notwithstanding subsection 
                (d)(2), for purposes of subparagraph (A)(i)(II) or for 
                purposes of section 244(a)(3) (as in effect before the 
                title III-A effective date in section 309 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996), an alien shall not be considered to have failed 
                to maintain continuous physical presence by reason of an 
                absence if the alien demonstrates a connection between 
                the absence and the battering or extreme cruelty 
                perpetrated against the alien. No absence or portion of 
                an absence connected to the battering or extreme cruelty 
                shall count toward the 90-day or 180-day limits 
                established in subsection (d)(2). If any absence or 
                aggregate absences exceed 180 days, the absences or 
                portions of the absences will not be considered to break 
                the period of continuous presence. Any such period of 
                time excluded from the 180-day limit shall be excluded 
                in computing the time during which the alien has been 
                physically present for purposes of the 3-year 
                requirement set forth in section 240A(b)(2)(B) and 
                section 244(a)(3) (as in effect before the title III-A 
                effective date in section 309 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996).
                    ``(C) Good moral character.--Notwithstanding section 
                101(f ), an act or conviction that does not bar the 
                Attorney General from granting relief under this 
                paragraph by reason of subparagraph (A)(iv) shall not 
                bar the Attorney General from finding the alien to be of 
                good moral character under subparagraph (A)(i)(III) or 
                section 244(a)(3) (as in effect before the title III-A 
                effective date in section 309

[[Page 114 STAT. 1524]]

                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996), if the Attorney General 
                finds that the act or conviction was connected to the 
                alien's having been battered or subjected to extreme 
                cruelty and determines that a waiver is otherwise 
                warranted.
                    ``(D) Credible evidence considered.--In acting on 
                applications under this paragraph, the Attorney General 
                shall consider any credible evidence relevant to the 
                application. The determination of what evidence is 
                credible and the weight to be given that evidence shall 
                be within the sole discretion of the Attorney 
                General.''.

    (b) Children of Battered Aliens and Parents of Battered Alien 
Children.--Section 240A(b) of the Immigration and Nationality Act (8 
U.S.C. 1229b(b)) is amended by adding at the end the following:
            ``(4) Children of battered aliens and parents of battered 
        alien children.--
                    ``(A) In general.--The Attorney General shall grant 
                parole under section 212(d)(5) to any alien who is a--
                          ``(i) child of an alien granted relief under 
                      section 240A(b)(2) or 244(a)(3) (as in effect 
                      before the title III-A effective date in section 
                      309 of the Illegal Immigration Reform and 
                      Immigrant Responsibility Act of 1996); or
                          ``(ii) parent of a child alien granted relief 
                      under section 240A(b)(2) or 244(a)(3) (as in 
                      effect before the title III-A effective date in 
                      section 309 of the Illegal Immigration Reform and 
                      Immigrant Responsibility Act of 1996).
                    ``(B) Duration of parole.--The grant of parole shall 
                extend from the time of the grant of relief under 
                section 240A(b)(2) or section 244(a)(3) (as in effect 
                before the title III-A effective date in section 309 of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996) to the time the application 
                for adjustment of status filed by aliens covered under 
                this paragraph has been finally adjudicated. 
                Applications for adjustment of status filed by aliens 
                covered under this paragraph shall be treated as if they 
                were applications filed under section 204(a)(1) 
                (A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of 
                section 245 (a) and (c). Failure by the alien granted 
                relief under section 240A(b)(2) or section 244(a)(3) (as 
                in effect before the title III-A effective date in 
                section 309 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996) to exercise due 
                diligence in filing a visa petition on behalf of an 
                alien described in clause (i) or (ii) may result in 
                revocation of parole.''.

    (c) Effective Date.--Any <<NOTE: 8 USC 1229b note.>> individual who 
becomes eligible for relief by reason of the enactment of the amendments 
made by subsections (a) and (b), shall be eligible to file a motion to 
reopen pursuant to section 240(c)(6)(C)(iv). The amendments made by 
subsections (a) and (b) shall take effect as if included in the 
enactment of section 304 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587). Such 
portions of the amendments made by subsection (b) that relate to section 
244(a)(3) (as in effect before the title III-A effective date in section 
309 of the Illegal Immigration Reform and

[[Page 114 STAT. 1525]]

Immigrant Responsibility Act of 1996) shall take effect as if included 
in subtitle G of title IV of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1953 et seq.).

SEC. 1505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF THE 
            VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL QUALIFIED 
            BATTERED IMMIGRANT SELF-PETITIONERS.

    (a) Battered Immigrant Waiver.--Section 212(a)(9)(C)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended 
by adding at the end the following: ``The Attorney General in the 
Attorney General's discretion may waive the provisions of section 
212(a)(9)(C)(i) in the case of an alien to whom the Attorney General has 
granted classification under clause (iii), (iv), or (v) of section 
204(a)(1)(A), or classification under clause (ii), (iii), or (iv) of 
section 204(a)(1)(B), in any case in which there is a connection 
between--
            ``(1) the alien's having been battered or subjected to 
        extreme cruelty; and
            ``(2) the alien's--
                    ``(A) removal;
                    ``(B) departure from the United States;
                    ``(C) reentry or reentries into the United States; 
                or
                    ``(D) attempted reentry into the United States.''.

    (b) Domestic Violence Victim Waiver.--
            (1) Waiver for victims of domestic violence.--Section 237(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is 
        amended by inserting at the end the following:
            ``(7) Waiver for victims of domestic violence.--
                    ``(A) In general.--The Attorney General is not 
                limited by the criminal court record and may waive the 
                application of paragraph (2)(E)(i) (with respect to 
                crimes of domestic violence and crimes of stalking) and 
                (ii) in the case of an alien who has been battered or 
                subjected to extreme cruelty and who is not and was not 
                the primary perpetrator of violence in the 
                relationship--
                          ``(i) upon a determination that--
                                    ``(I) the alien was acting is self-
                                defense;
                                    ``(II) the alien was found to have 
                                violated a protection order intended to 
                                protect the alien; or
                                    ``(III) the alien committed, was 
                                arrested for, was convicted of, or pled 
                                guilty to committing a crime--
                                            ``(aa) that did not result 
                                        in serious bodily injury; and
                                            ``(bb) where there was a 
                                        connection between the crime and 
                                        the alien's having been battered 
                                        or subjected to extreme cruelty.
                    ``(B) Credible evidence considered.--In acting on 
                applications under this paragraph, the Attorney General 
                shall consider any credible evidence relevant to the 
                application. The determination of what evidence is 
                credible and the weight to be given that evidence shall 
                be within the sole discretion of the Attorney 
                General.''.
            (2) Conforming amendment.--Section 240A(b)(1)(C) of the 
        Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is

[[Page 114 STAT. 1526]]

        amended by inserting ``(except in a case described in section 
        237(a)(7) where the Attorney General exercises discretion to 
        grant a waiver)'' after ``237(a)(3)''.

    (c) Misrepresentation Waivers for Battered Spouses of United States 
Citizens and Lawful Permanent Residents.--
            (1) Waiver of inadmissibility.--Section 212(i)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is amended 
        by inserting before the period at the end the following: ``or, 
        in the case of an alien granted classification under clause 
        (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of 
        section 204(a)(1)(B), the alien demonstrates extreme hardship to 
        the alien or the alien's United States citizen, lawful permanent 
        resident, or qualified alien parent or child''.
            (2) Waiver of deportability.--Section 237(a)(1)(H) of the 
        Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is 
        amended--
                    (A) in clause (i), by inserting ``(I)'' after 
                ``(i)'';
                    (B) by redesignating clause (ii) as subclause (II); 
                and
                    (C) by adding after clause (i) the following:
                          ``(ii) is an alien who qualifies for 
                      classification under clause (iii) or (iv) of 
                      section 204(a)(1)(A) or clause (ii) or (iii) of 
                      section 204(a)(1)(B).''.

    (d) Battered Immigrant Waiver.--Section 212(g)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1182(g)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by adding ``or'' at the end; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) qualifies for classification under clause 
                (iii) or (iv) of section 204(a)(1)(A) or classification 
                under clause (ii) or (iii) of section 204(a)(1)(B);''.

    (e) Waivers for VAWA Eligible Battered Immigrants.--Section 
212(h)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(h)(1)) 
is amended--
            (1) in subparagraph (B), by striking ``and'' and inserting 
        ``or''; and
            (2) by adding at the end the following:
                    ``(C) the alien qualifies for classification under 
                clause (iii) or (iv) of section 204(a)(1)(A) or 
                classification under clause (ii) or (iii) of section 
                204(a)(1)(B); and''.

    (f ) Public Charge.--Section 212 of the Immigration and Nationality 
Act (8 U.S.C. 1182) is amended by adding at the end the following:
    ``(p) In determining whether an alien described in subsection 
(a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to 
receive an immigrant visa or otherwise to adjust to the status of 
permanent resident by reason of subsection (a)(4), the consular officer 
or the Attorney General shall not consider any benefits the alien may 
have received that were authorized under section 501 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1641(c)).''.
    (g) Report.--Not <<NOTE: Deadline.>> later than 6 months after the 
date of the enactment of this Act, the Attorney General shall submit a 
report to the Committees on the Judiciary of the Senate and the House of 
Representatives covering, with respect to fiscal year 1997 and each 
fiscal year thereafter--
            (1) the policy and procedures of the Immigration and 
        Naturalization Service under which an alien who has been 
        battered

[[Page 114 STAT. 1527]]

        or subjected to extreme cruelty who is eligible for suspension 
        of deportation or cancellation of removal can request to be 
        placed, and be placed, in deportation or removal proceedings so 
        that such alien may apply for suspension of deportation or 
        cancellation of removal;
            (2) the number of requests filed at each district office 
        under this policy;
            (3) the number of these requests granted reported separately 
        for each district; and
            (4) the average length of time at each Immigration and 
        Naturalization office between the date that an alien who has 
        been subject to battering or extreme cruelty eligible for 
        suspension of deportation or cancellation of removal requests to 
        be placed in deportation or removal proceedings and the date 
        that the immigrant appears before an immigration judge to file 
        an application for suspension of deportation or cancellation of 
        removal.

SEC. 1506. RESTORING IMMIGRATION PROTECTIONS UNDER THE VIOLENCE AGAINST 
            WOMEN ACT OF 1994.

    (a) Removing Barriers to Adjustment of Status for Victims of 
Domestic Violence.--
            (1) Immigration amendments.--Section 245 of the Immigration 
        and Nationality Act (8 U.S.C. 1255) is amended--
                    (A) in subsection (a), by inserting ``or the status 
                of any other alien having an approved petition for 
                classification under subparagraph (A)(iii), (A)(iv), 
                (B)(ii), or (B)(iii) of section 204(a)(1) or'' after 
                ``into the United States.''; and
                    (B) in subsection (c), by striking ``Subsection (a) 
                shall not be applicable to'' and inserting the 
                following: ``Other than an alien having an approved 
                petition for classification under subparagraph (A)(iii), 
                (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) 
                of section 204(a)(1), subsection (a) shall not be 
                applicable to''.
            (2) Effective date.--The <<NOTE: 8 USC 1255 
        note.>> amendments made by paragraph (1) shall apply to 
        applications for adjustment of status pending on or made on or 
        after January 14, 1998.

    (b) Removing Barriers to Cancellation of Removal and Suspension of 
Deportation for Victims of Domestic Violence.--
            (1) Not treating service of notice as terminating continuous 
        period.--Section 240A(d)(1) of the Immigration and Nationality 
        Act (8 U.S.C. 1229b(d)(1)) is amended by striking ``when the 
        alien is served a notice to appear under section 239(a) or'' and 
        inserting ``(A) except in the case of an alien who applies for 
        cancellation of removal under subsection (b)(2), when the alien 
        is served a notice to appear under section 239(a), or (B)''.
            (2) Effective date.--The <<NOTE: 8 USC 1229b 
        note.>> amendment made by paragraph (1) shall take effect as if 
        included in the enactment of section 304 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (Public Law 104-208; 110 Stat. 587).
            (3) Modification of certain transition rules for battered 
        spouse or child.--Section 309(c)(5)(C) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1101 note) is amended--

[[Page 114 STAT. 1528]]

                    (A) by striking the subparagraph heading and 
                inserting the following:
                    ``(C) Special rule for certain aliens granted 
                temporary protection from deportation and for battered 
                spouses and children.--''; and
                    (B) in clause (i)--
                          (i) in subclause (IV), by striking ``or'' at 
                      the end;
                          (ii) in subclause (V), by striking the period 
                      at the end and inserting ``; or''; and
                          (iii) by adding at the end the following:
                                    ``(VI) is an alien who was issued an 
                                order to show cause or was in 
                                deportation proceedings before April 1, 
                                1997, and who applied for suspension of 
                                deportation under section 244(a)(3) of 
                                the Immigration and Nationality Act (as 
                                in effect before the date of the 
                                enactment of this Act).''.
            (4) Effective date.--The <<NOTE: 8 USC 1101 
        note.>> amendments made by paragraph (3) shall take effect as if 
        included in the enactment of section 309 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1101 note).

    (c) Eliminating Time Limitations on Motions To Reopen Removal and 
Deportation Proceedings for Victims of Domestic Violence.--
            (1) Removal proceedings.--
                    (A) In general.--Section 240(c)(6)(C) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1229a(c)(6)(C)) is amended by adding at the end the 
                following:
                          ``(iv) Special rule for battered spouses and 
                      children.--The deadline specified in subsection 
                      (b)(5)(C) for filing a motion to reopen does not 
                      apply--
                                    ``(I) if the basis for the motion is 
                                to apply for relief under clause (iii) 
                                or (iv) of section 204(a)(1)(A), clause 
                                (ii) or (iii) of section 204(a)(1)(B), 
                                or section 240A(b)(2);
                                    ``(II) if the motion is accompanied 
                                by a cancellation of removal application 
                                to be filed with the Attorney General or 
                                by a copy of the self-petition that has 
                                been or will be filed with the 
                                Immigration and Naturalization Service 
                                upon the granting of the motion to 
                                reopen; and
                                    ``(III) if the motion to reopen is 
                                filed within 1 year of the entry of the 
                                final order of removal, except that the 
                                Attorney General may, in the Attorney 
                                General's discretion, waive this time 
                                limitation in the case of an alien who 
                                demonstrates extraordinary circumstances 
                                or extreme hardship to the alien's 
                                child.''.
                    (B) Effective date.--The <<NOTE: 8 USC 1229a 
                note.>> amendment made by subparagraph (A) shall take 
                effect as if included in the enactment of section 304 of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1229-1229c).
            (2) Deportation <<NOTE: 8 USC 1229a note.>> proceedings.--
                    (A) In general.--Notwithstanding any limitation 
                imposed by law on motions to reopen or rescind 
                deportation proceedings under the Immigration and 
                Nationality Act (as in effect before the title III-A 
                effective date in section

[[Page 114 STAT. 1529]]

                309 of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1101 note)), there 
                is no time limit on the filing of a motion to reopen 
                such proceedings, and the deadline specified in section 
                242B(c)(3) of the Immigration and Nationality Act (as so 
                in effect) (8 U.S.C. 1252b(c)(3)) does not apply--
                          (i) if the basis of the motion is to apply for 
                      relief under clause (iii) or (iv) of section 
                      204(a)(1)(A) of the Immigration and Nationality 
                      Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) 
                      of section 204(a)(1)(B) of such Act (8 U.S.C. 
                      1154(a)(1)(B)), or section 244(a)(3) of such Act 
                      (as so in effect) (8 U.S.C. 1254(a)(3)); and
                          (ii) if the motion is accompanied by a 
                      suspension of deportation application to be filed 
                      with the Attorney General or by a copy of the 
                      self-petition that will be filed with the 
                      Immigration and Naturalization Service upon the 
                      granting of the motion to reopen.
                    (B) Applicability.--Subparagraph (A) shall apply to 
                motions filed by aliens who--
                          (i) are, or were, in deportation proceedings 
                      under the Immigration and Nationality Act (as in 
                      effect before the title III-A effective date in 
                      section 309 of the Illegal Immigration Reform and 
                      Immigrant Responsibility Act of 1996 (8 U.S.C. 
                      1101 note)); and
                          (ii) have become eligible to apply for relief 
                      under clause (iii) or (iv) of section 204(a)(1)(A) 
                      of the Immigration and Nationality Act (8 U.S.C. 
                      1154(a)(1)(A)), clause (ii) or (iii) of section 
                      204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), 
                      or section 244(a)(3) of such Act (as in effect 
                      before the title III-A effective date in section 
                      309 of the Illegal Immigration Reform and 
                      Immigrant Responsibility Act of 1996 (8 U.S.C. 
                      1101 note)) as a result of the amendments made 
                      by--
                                    (I) subtitle G of title IV of the 
                                Violent Crime Control and Law 
                                Enforcement Act of 1994 (Public Law 103-
                                322; 108 Stat. 1953 et seq.); or
                                    (II) this title.

SEC. 1507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE IMMIGRATION 
            PROVISIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994.

    (a) Effect of Changes in Abusers' Citizenship Status on Self-
Petition.--
            (1) Reclassification.--Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as 
        amended by section 1503(b)(3) of this title) is amended by 
        adding at the end the following:

    ``(vi) For the purposes of any petition filed under clause (iii) or 
(iv), the denaturalization, loss or renunciation of citizenship, death 
of the abuser, divorce, or changes to the abuser's citizenship status 
after filing of the petition shall not adversely affect the approval of 
the petition, and for approved petitions shall not preclude the 
classification of the eligible self-petitioning spouse or child as an 
immediate relative or affect the alien's ability to adjust status under 
subsections (a) and (c) of section 245 or obtain status as a lawful 
permanent resident based on the approved self-petition under such 
clauses.''.

[[Page 114 STAT. 1530]]

            (2) Loss of status.--Section 204(a)(1)(B) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as amended by 
        section 1503(c)(3) of this title) is amended by adding at the 
        end the following:

    ``(v)(I) For the purposes of any petition filed or approved under 
clause (ii) or (iii), divorce, or the loss of lawful permanent resident 
status by a spouse or parent after the filing of a petition under that 
clause shall not adversely affect approval of the petition, and, for an 
approved petition, shall not affect the alien's ability to adjust status 
under subsections (a) and (c) of section 245 or obtain status as a 
lawful permanent resident based on an approved self-petition under 
clause (ii) or (iii).
    ``(II) Upon the lawful permanent resident spouse or parent becoming 
or establishing the existence of United States citizenship through 
naturalization, acquisition of citizenship, or other means, any petition 
filed with the Immigration and Naturalization Service and pending or 
approved under clause (ii) or (iii) on behalf of an alien who has been 
battered or subjected to extreme cruelty shall be deemed reclassified as 
a petition filed under subparagraph (A) even if the acquisition of 
citizenship occurs after divorce or termination of parental rights.''.
            (3) Definition <<NOTE: 8 USC 1151.>> of immediate 
        relatives.--Section 201(b)(2)(A)(i) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(b)(2)(A)(i)) is amended by adding 
        at the end the following: ``For purposes of this clause, an 
        alien who has filed a petition under clause (iii) or (iv) of 
        section 204(a)(1)(A) of this Act remains an immediate relative 
        in the event that the United States citizen spouse or parent 
        loses United States citizenship on account of the abuse.''.

    (b) Allowing Remarriage of Battered Immigrants.--Section 204(h) of 
the Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended by 
adding at the end the following: ``Remarriage of an alien whose petition 
was approved under section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or 
marriage of an alien described in clause (iv) or (vi) of section 
204(a)(1)(A) or in section 204(a)(1)(B)(iii) shall not be the basis for 
revocation of a petition approval under section 205.''.

SEC. 1508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION FOR 
            BATTERED IMMIGRANTS.

    Section 431(c)(1)(B)(iii) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)(iii)) is 
amended to read as follows:
                          ``(iii) suspension of deportation under 
                      section 244(a)(3) of the Immigration and 
                      Nationality Act (as in effect before the title 
                      III-A effective date in section 309 of the Illegal 
                      Immigration Reform and Immigrant Responsibility 
                      Act of 1996).''.

SEC. 1509. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED IMMIGRANT SPOUSES 
            AND CHILDREN.

    (a) In General.--The last sentence of the first section of Public 
Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note) is amended by striking 
the period at the end and inserting the following: ``, except that such 
spouse or child who has been battered or subjected to extreme cruelty 
may adjust to permanent resident status under this Act without 
demonstrating that he or she is residing with the Cuban spouse or parent 
in the United States. In acting on

[[Page 114 STAT. 1531]]

applications under this section with respect to spouses or children who 
have been battered or subjected to extreme cruelty, the Attorney General 
shall apply the provisions of section 204(a)(1)(H).''.
    (b) Effective Date.--The <<NOTE: 8 USC 1255 note.>> amendment made 
by subsection (a) shall be effective as if included in subtitle G of 
title IV of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322; 108 Stat. 1953 et seq.).

SEC. 1510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN 
            RELIEF ACT FOR BATTERED SPOUSES AND CHILDREN.

    (a) Adjustment of Status of Certain Nicaraguan and Cuban Battered 
Spouses.--Section 202(d) of the Nicaraguan Adjustment and Central 
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100, as amended) 
is amended--
            (1) in paragraph (1), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) the alien--
                          ``(i) is the spouse, child, or unmarried son 
                      or daughter of an alien whose status is adjusted 
                      to that of an alien lawfully admitted for 
                      permanent residence under subsection (a), except 
                      that in the case of such an unmarried son or 
                      daughter, the son or daughter shall be required to 
                      establish that the son or daughter has been 
                      physically present in the United States for a 
                      continuous period beginning not later than 
                      December 1, 1995, and ending not earlier than the 
                      date on which the application for adjustment under 
                      this subsection is filed; or
                          ``(ii) was, at the time at which an alien 
                      filed for adjustment under subsection (a), the 
                      spouse or child of an alien whose status is 
                      adjusted to that of an alien lawfully admitted for 
                      permanent residence under subsection (a), and the 
                      spouse, child, or child of the spouse has been 
                      battered or subjected to extreme cruelty by the 
                      alien that filed for adjustment under subsection 
                      (a);''; and
            (2) by adding at the end the following:
            ``(3) Procedure.--In acting on an application under this 
        section with respect to a spouse or child who has been battered 
        or subjected to extreme cruelty, the Attorney General shall 
        apply section 204(a)(1)(H).''.

    (b) Cancellation of Removal and Suspension of Deportation Transition 
Rules for Certain Battered Spouses.--Section 309(c)(5)(C) of the Illegal 
Immigration and Reform and Immigrant Responsibility Act of 1996 
(division C of Public Law 104-208; 8 U.S.C. 1101 note) (as amended by 
section 1506(b)(3) of this title) is amended--
            (1) in clause (i)--
                    (A) by striking the period at the end of subclause 
                (VI) (as added by section 1506(b)(3) of this title) and 
                inserting ``; or''; and
                    (B) by adding at the end the following:
                                    ``(VII)(aa) was the spouse or child 
                                of an alien described in subclause (I), 
                                (II), or (V)--

[[Page 114 STAT. 1532]]

                                            ``(AA) at the time at which 
                                        a decision is rendered to 
                                        suspend the deportation or 
                                        cancel the removal of the alien;
                                            ``(BB) at the time at which 
                                        the alien filed an application 
                                        for suspension of deportation or 
                                        cancellation of removal; or
                                            ``(CC) at the time at which 
                                        the alien registered for 
                                        benefits under the settlement 
                                        agreement in American Baptist 
                                        Churches, et. al. v. Thornburgh 
                                        (ABC), applied for temporary 
                                        protected status, or applied for 
                                        asylum; and
                                    ``(bb) the spouse, child, or child 
                                of the spouse has been battered or 
                                subjected to extreme cruelty by the 
                                alien described in subclause (I), (II), 
                                or (V).''; and
            (2) by adding at the end the following:
                          ``(iii) Consideration of petitions.--In acting 
                      on a petition filed under subclause (VII) of 
                      clause (i) the provisions set forth in section 
                      204(a)(1)(H) shall apply.
                          ``(iv) Residence with spouse or parent not 
                      required.--For purposes of the application of 
                      clause (i)(VII), a spouse or child shall not be 
                      required to demonstrate that he or she is residing 
                      with the spouse or parent in the United States.''.

    (c) Effective Date.--The <<NOTE: 8 USC 1101 note.>> amendments made 
by subsections (a) and (b) shall be effective as if included in the 
Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 
note; Public Law 105-100, as amended).

SEC. 1511. <<NOTE: 8 USC 1255 note.>> ACCESS TO THE HAITIAN REFUGEE 
            FAIRNESS ACT OF 1998 FOR BATTERED SPOUSES AND CHILDREN.

    (a) In General.--Section 902(d)(1)(B) of the Haitian Refugee 
Immigration Fairness Act of 1998 (division A of section 101(h) of Public 
Law 105-277; 112 Stat. 2681-538) is amended to read as follows:
                    ``(B)(i) the alien is the spouse, child, or 
                unmarried son or daughter of an alien whose status is 
                adjusted to that of an alien lawfully admitted for 
                permanent residence under subsection (a), except that, 
                in the case of such an unmarried son or daughter, the 
                son or daughter shall be required to establish that the 
                son or daughter has been physically present in the 
                United States for a continuous period beginning not 
                later than December 1, 1995, and ending not earlier than 
                the date on which the application for such adjustment is 
                filed;
                    ``(ii) at the time of filing of the application for 
                adjustment under subsection (a), the alien is the spouse 
                or child of an alien whose status is adjusted to that of 
                an alien lawfully admitted for permanent residence under 
                subsection (a) and the spouse, child, or child of the 
                spouse has been battered or subjected to extreme cruelty 
                by the individual described in subsection (a); and
                    ``(iii) in acting on applications under this section 
                with respect to spouses or children who have been 
                battered or subjected to extreme cruelty, the Attorney 
                General shall apply the provisions of section 
                204(a)(1)(H).''.

[[Page 114 STAT. 1533]]

    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the Haitian Refugee Immigration Fairness Act 
of 1998 (division A of section 101(h) of Public Law 105-277; 112 Stat. 
2681-538).

SEC. 1512. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR BATTERED 
            IMMIGRANTS.

    (a) Law Enforcement and Prosecution Grants.--Section 2001(b) of part 
T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796gg(b)) (as amended by section 1209(c) of this division) 
is amended by adding at the end the following:
            ``(11) providing assistance to victims of domestic violence 
        and sexual assault in immigration matters.''.

    (b) Grants To Encourage Arrests.--Section 2101(b)(5) of part U of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796hh(b)(5)) is amended by inserting before the period the 
following: ``, including strengthening assistance to such victims in 
immigration matters''.
    (c) Rural Domestic Violence and Child Abuse Enforcement Grants.--
Section 40295(a)(2) of the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322; 108 Stat. 1953; 42 U.S.C. 13971(a)(2)) is 
amended to read as follows:
            ``(2) to provide treatment, counseling, and assistance to 
        victims of domestic violence and child abuse, including in 
        immigration matters; and''.

    (d) Campus Domestic Violence Grants.--Section 826(b)(5) of the 
Higher Education Amendments of 1998 (Public Law 105-244; 20 U.S.C. 1152) 
is amended by inserting before the period at the end the following: ``, 
including assistance to victims in immigration matters''.

SEC. 1513. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING VICTIMS OF 
            CRIMES AGAINST WOMEN.

    (a) Findings <<NOTE: 8 USC 1101 note.>> and Purpose.--
            (1) Findings.--Congress makes the following findings:
                    (A) Immigrant women and children are often targeted 
                to be victims of crimes committed against them in the 
                United States, including rape, torture, kidnaping, 
                trafficking, incest, domestic violence, sexual assault, 
                female genital mutilation, forced prostitution, 
                involuntary servitude, being held hostage or being 
                criminally restrained.
                    (B) All women and children who are victims of these 
                crimes committed against them in the United States must 
                be able to report these crimes to law enforcement and 
                fully participate in the investigation of the crimes 
                committed against them and the prosecution of the 
                perpetrators of such crimes.
            (2) Purpose.--
                    (A) The purpose of this section is to create a new 
                nonimmigrant visa classification that will strengthen 
                the ability of law enforcement agencies to detect, 
                investigate, and prosecute cases of domestic violence, 
                sexual assault, trafficking of aliens, and other crimes 
                described in section 101(a)(15)(U)(iii) of the 
                Immigration and Nationality Act committed against 
                aliens, while offering protection to victims of such 
                offenses in keeping with the humanitarian interests of 
                the United States. This visa will encourage

[[Page 114 STAT. 1534]]

                law enforcement officials to better serve immigrant 
                crime victims and to prosecute crimes committed against 
                aliens.
                    (B) Creating a new nonimmigrant visa classification 
                will facilitate the reporting of crimes to law 
                enforcement officials by trafficked, exploited, 
                victimized, and abused aliens who are not in lawful 
                immigration status. It also gives law enforcement 
                officials a means to regularize the status of 
                cooperating individuals during investigations or 
                prosecutions. Providing temporary legal status to aliens 
                who have been severely victimized by criminal activity 
                also comports with the humanitarian interests of the 
                United States.
                    (C) Finally, this section gives the Attorney General 
                discretion to convert the status of such nonimmigrants 
                to that of permanent residents when doing so is 
                justified on humanitarian grounds, for family unity, or 
                is otherwise in the public interest.

    (b) Establishment of Humanitarian/Material Witness Nonimmigrant 
Classification.--Section 101(a)(15) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)) (as amended by section 107 of this Act) is 
amended--
            (1) by striking ``or'' at the end of subparagraph (S);
            (2) by striking the period at the end of subparagraph (T) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(U)(i) subject to section 214(o), an alien who 
                files a petition for status under this subparagraph, if 
                the Attorney General determines that--
                          ``(I) the alien has suffered substantial 
                      physical or mental abuse as a result of having 
                      been a victim of criminal activity described in 
                      clause (iii);
                          ``(II) the alien (or in the case of an alien 
                      child under the age of 16, the parent, guardian, 
                      or next friend of the alien) possesses information 
                      concerning criminal activity described in clause 
                      (iii);
                          ``(III) the alien (or in the case of an alien 
                      child under the age of 16, the parent, guardian, 
                      or next friend of the alien) has been helpful, is 
                      being helpful, or is likely to be helpful to a 
                      Federal, State, or local law enforcement official, 
                      to a Federal, State, or local prosecutor, to a 
                      Federal or State judge, to the Service, or to 
                      other Federal, State, or local authorities 
                      investigating or prosecuting criminal activity 
                      described in clause (iii); and
                          ``(IV) the criminal activity described in 
                      clause (iii) violated the laws of the United 
                      States or occurred in the United States (including 
                      in Indian country and military installations) or 
                      the territories and possessions of the United 
                      States;
                    ``(ii) if the Attorney General considers it 
                necessary to avoid extreme hardship to the spouse, the 
                child, or, in the case of an alien child, the parent of 
                the alien described in clause (i), the Attorney General 
                may also grant status under this paragraph based upon 
                certification of a government official listed in clause 
                (i)(III) that an investigation or prosecution would be 
                harmed without the

[[Page 114 STAT. 1535]]

                assistance of the spouse, the child, or, in the case of 
                an alien child, the parent of the alien; and
                    ``(iii) the criminal activity referred to in this 
                clause is that involving one or more of the following or 
                any similar activity in violation of Federal, State, or 
                local criminal law: rape; torture; trafficking; incest; 
                domestic violence; sexual assault; abusive sexual 
                contact; prostitution; sexual exploitation; female 
                genital mutilation; being held hostage; peonage; 
                involuntary servitude; slave trade; kidnapping; 
                abduction; unlawful criminal restraint; false 
                imprisonment; blackmail; extortion; manslaughter; 
                murder; felonious assault; witness tampering; 
                obstruction of justice; perjury; or attempt, conspiracy, 
                or solicitation to commit any of the above mentioned 
                crimes.''.

    (c) Conditions for Admission and Duties of the Attorney General.--
Section 214 of such Act (8 U.S.C. 1184) (as amended by section 107 of 
this Act) is amended by adding at the end the following new subsection:
    ``(o) Requirements Applicable to Section 101(a)(15)(U) Visas.--
            ``(1) Petitioning procedures for section 101(a)(15)(u) 
        visas.--The petition filed by an alien under section 
        101(a)(15)(U)(i) shall contain a certification from a Federal, 
        State, or local law enforcement official, prosecutor, judge, or 
        other Federal, State, or local authority investigating criminal 
        activity described in section 101(a)(15)(U)(iii). This 
        certification may also be provided by an official of the Service 
        whose ability to provide such certification is not limited to 
        information concerning immigration violations. This 
        certification shall state that the alien ``has been helpful, is 
        being helpful, or is likely to be helpful'' in the investigation 
        or prosecution of criminal activity described in section 
        101(a)(15)(U)(iii).
            ``(2) Numerical limitations.--
                    ``(A) The number of aliens who may be issued visas 
                or otherwise provided status as nonimmigrants under 
                section 101(a)(15)(U) in any fiscal year shall not 
                exceed 10,000.
                    ``(B) The numerical limitations in subparagraph (A) 
                shall only apply to principal aliens described in 
                section 101(a)(15)(U)(i), and not to spouses, children, 
                or, in the case of alien children, the alien parents of 
                such children.
            ``(3) Duties of the attorney general with respect to `u' 
        visa nonimmigrants.--With respect to nonimmigrant aliens 
        described in subsection (a)(15)(U)--
                    ``(A) the Attorney General and other government 
                officials, where appropriate, shall provide those aliens 
                with referrals to nongovernmental organizations to 
                advise the aliens regarding their options while in the 
                United States and the resources available to them; and
                    ``(B) the Attorney General shall, during the period 
                those aliens are in lawful temporary resident status 
                under that subsection, provide the aliens with 
                employment authorization.
            ``(4) Credible evidence considered.--In acting on any 
        petition filed under this subsection, the consular officer or 
        the Attorney General, as appropriate, shall consider any 
        credible evidence relevant to the petition.

[[Page 114 STAT. 1536]]

            ``(5) Nonexclusive relief.--Nothing in this subsection 
        limits the ability of aliens who qualify for status under 
        section 101(a)(15)(U) to seek any other immigration benefit or 
        status for which the alien may be eligible.''.

    (d) Prohibition <<NOTE: 8 USC 1367.>> on Adverse Determinations of 
Admissibility or Deportability.--Section 384(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 is amended--
            (1) by striking ``or'' at the end of paragraph (1)(C);
            (2) by striking the comma at the end of paragraph (1)(D) and 
        inserting ``, or''; and
            (3) by inserting after paragraph (1)(D) the following new 
        subparagraph:
                    ``(E) in the case of an alien applying for status 
                under section 101(a)(15)(U) of the Immigration and 
                Nationality Act, the perpetrator of the substantial 
                physical or mental abuse and the criminal activity,''; 
                and
            (4) in paragraph (2), by inserting ``section 
        101(a)(15)(U),'' after ``section 216(c)(4)(C),''.

    (e) Waiver of Grounds of Ineligibility for Admission.--Section 
212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is 
amended by adding at the end the following new paragraph:
    ``(13) The Attorney General shall determine whether a ground of 
inadmissibility exists with respect to a nonimmigrant described in 
section 101(a)(15)(U). The Attorney General, in the Attorney General's 
discretion, may waive the application of subsection (a) (other than 
paragraph (3)(E)) in the case of a nonimmigrant described in section 
101(a)(15)(U), if the Attorney General considers it to be in the public 
or national interest to do so.''.
    (f ) Adjustment to Permanent Resident Status.--Section 245 of such 
Act (8 U.S.C. 1255) is amended by adding at the end the following new 
subsection:
    ``(l)(1) The Attorney General may adjust the status of an alien 
admitted into the United States (or otherwise provided nonimmigrant 
status) under section 101(a)(15)(U) to that of an alien lawfully 
admitted for permanent residence if the alien is not described in 
section 212(a)(3)(E), unless the Attorney General determines based on 
affirmative evidence that the alien unreasonably refused to provide 
assistance in a criminal investigation or prosecution, if--
            ``(A) the alien has been physically present in the United 
        States for a continuous period of at least 3 years since the 
        date of admission as a nonimmigrant under clause (i) or (ii) of 
        section 101(a)(15)(U); and
            ``(B) in the opinion of the Attorney General, the alien's 
        continued presence in the United States is justified on 
        humanitarian grounds, to ensure family unity, or is otherwise in 
        the public interest.

    ``(2) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under paragraph (1)(A) 
if the alien has departed from the United States for any period in 
excess of 90 days or for any periods in the aggregate exceeding 180 days 
unless the absence is in order to assist in the investigation or 
prosecution or unless an official involved in the investigation or 
prosecution certifies that the absence was otherwise justified.

[[Page 114 STAT. 1537]]

    ``(3) Upon approval of adjustment of status under paragraph (1) of 
an alien described in section 101(a)(15)(U)(i) the Attorney General may 
adjust the status of or issue an immigrant visa to a spouse, a child, 
or, in the case of an alien child, a parent who did not receive a 
nonimmigrant visa under section 101(a)(15)(U)(ii) if the Attorney 
General considers the grant of such status or visa necessary to avoid 
extreme hardship.
    ``(4) Upon the approval of adjustment of status under paragraph (1) 
or (3), the Attorney General shall record the alien's lawful admission 
for permanent residence as of the date of such approval.''.

                         TITLE VI--MISCELLANEOUS

SEC. 1601. <<NOTE: Campus Sex Crimes Prevention Act.>> NOTICE 
            REQUIREMENTS FOR SEXUALLY VIOLENT OFFENDERS.

    (a) Short Title.--This <<NOTE: 20 USC 1001 note.>> section may be 
cited as the ``Campus Sex Crimes Prevention Act''.

    (b) Notice With Respect to Institutions of Higher Education.--
            (1) In general.--Section 170101 of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended by 
        adding at the end the following:

    ``( j) Notice of Enrollment at or Employment by Institutions of 
Higher Education.--
            ``(1) Notice by offenders.--
                    ``(A) In general.--In addition to any other 
                requirements of this section, any person who is required 
                to register in a State shall provide notice as required 
                under State law--
                          ``(i) of each institution of higher education 
                      in that State at which the person is employed, 
                      carries on a vocation, or is a student; and
                          ``(ii) of each change in enrollment or 
                      employment status of such person at an institution 
                      of higher education in that State.
                    ``(B) Change in status.--A change in status under 
                subparagraph (A)(ii) shall be reported by the person in 
                the manner provided by State law. State procedures shall 
                ensure that the updated information is promptly made 
                available to a law enforcement agency having 
                jurisdiction where such institution is located and 
                entered into the appropriate State records or data 
                system.
            ``(2) State reporting.--State procedures shall ensure that 
        the registration information collected under paragraph (1)--
                    ``(A) is promptly made available to a law 
                enforcement agency having jurisdiction where such 
                institution is located; and
                    ``(B) entered into the appropriate State records or 
                data system.
            ``(3) Request.--Nothing in this subsection shall require an 
        educational institution to request such information from any 
        State.''.
            (2) Effective date.--The <<NOTE: 42 USC 14071 
        note.>> amendment made by this subsection shall take effect 2 
        years after the date of the enactment of this Act.

    (c) Disclosures by Institutions of Higher Education.--

[[Page 114 STAT. 1538]]

            (1) In general.--Section 485(f )(1) of the Higher Education 
        Act of 1965 (20 U.S.C. 1092(f )(1)) is amended by adding at the 
        end the following:
            ``(I) A statement advising the campus community where law 
        enforcement agency information provided by a State under section 
        170101( j) of the Violent Crime Control and Law Enforcement Act 
        of 1994 (42 U.S.C. 14071( j)), concerning registered sex 
        offenders may be obtained, such as the law enforcement office of 
        the institution, a local law enforcement agency with 
        jurisdiction for the campus, or a computer network address.''.
            (2) Effective date.--The <<NOTE: 20 USC 1092 
        note.>> amendment made by this subsection shall take effect 2 
        years after the date of the enactment of this Act.

    (d) Amendment to Family Educational Rights and Privacy Act of 
1974.--Section 444(b) of the General Education Provisions Act (20 U.S.C. 
1232g(b)), also known as the Family Educational Rights and Privacy Act 
of 1974, is amended by adding at the end the following:
            ``(7)(A) Nothing in this section may be construed to 
        prohibit an educational institution from disclosing information 
        provided to the institution under section 170101 of the Violent 
        Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) 
        concerning registered sex offenders who are required to register 
        under such section.
            ``(B) The Secretary shall take appropriate steps to notify 
        educational institutions that disclosure of information 
        described in subparagraph (A) is permitted.''.

SEC. 1602. <<NOTE: Teen Suicide Prevention Act of 2000. 42 USC 290bb-36 
            note.>> TEEN SUICIDE PREVENTION STUDY.

    (a) Short Title.--This section may be cited as the ``Teen Suicide 
Prevention Act of 2000''.
    (b) Findings.--Congress finds that--
            (1) measures that increase public awareness of suicide as a 
        preventable public health problem, and target parents and youth 
        so that suicide risks and warning signs can be recognized, will 
        help to eliminate the ignorance and stigma of suicide as 
        barriers to youth and families seeking preventive care;
            (2) suicide prevention efforts in the year 2000 should--
                    (A) target at-risk youth, particularly youth with 
                mental health problems, substance abuse problems, or 
                contact with the juvenile justice system;
                    (B) involve--
                          (i) the identification of the characteristics 
                      of the at-risk youth and other youth who are 
                      contemplating suicide, and barriers to treatment 
                      of the youth; and
                          (ii) the development of model treatment 
                      programs for the youth;
                    (C) include a pilot study of the outcomes of 
                treatment for juvenile delinquents with mental health or 
                substance abuse problems;
                    (D) include a public education approach to combat 
                the negative effects of the stigma of, and 
                discrimination against individuals with, mental health 
                and substance abuse problems; and

[[Page 114 STAT. 1539]]

                    (E) include a nationwide effort to develop, 
                implement, and evaluate a mental health awareness 
                program for schools, communities, and families;
            (3) although numerous symptoms, diagnoses, traits, 
        characteristics, and psychosocial stressors of suicide have been 
        investigated, no single factor or set of factors has ever come 
        close to predicting suicide with accuracy;
            (4) research of United States youth, such as a 1994 study by 
        Lewinsohn, Rohde, and Seeley, has shown predictors of suicide, 
        such as a history of suicide attempts, current suicidal ideation 
        and depression, a recent attempt or completed suicide by a 
        friend, and low self-esteem; and
            (5) epidemiological data illustrate--
                    (A) the trend of suicide at younger ages as well as 
                increases in suicidal ideation among youth in the United 
                States; and
                    (B) distinct differences in approaches to suicide by 
                gender, with--
                          (i) 3 to 5 times as many females as males 
                      attempting suicide; and
                          (ii) 3 to 5 times as many males as females 
                      completing suicide.

    (c) Purpose.--The purpose of this section is to provide for a study 
of predictors of suicide among at-risk and other youth, and barriers 
that prevent the youth from receiving treatment, to facilitate the 
development of model treatment programs and public education and 
awareness efforts.
    (d) Study.--Not later than 1 year after the date of the enactment of 
this Act, the Secretary of Health and Human Services shall carry out, 
directly or by grant or contract, a study that is designed to identify--
            (1) the characteristics of at-risk and other youth age 13 
        through 21 who are contemplating suicide;
            (2) the characteristics of at-risk and other youth who are 
        younger than age 13 and are contemplating suicide; and
            (3) the barriers that prevent youth described in paragraphs 
        (1) and (2) from receiving treatment.

    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH.

    The calendar decade beginning January 1, 2001, is designated as the 
``Decade of Pain Control and Research''.

                  DIVISION C--MISCELLANEOUS PROVISIONS

SEC. 2001. <<NOTE: Aimee's Law. 42 USC 13713.>> AIMEE'S LAW.

    (a) Short Title.--This section may be cited as ``Aimee's Law''.
    (b) Definitions.--In this section:
            (1) Dangerous sexual offense.--The term ``dangerous sexual 
        offense'' means any offense under State law for conduct that 
        would constitute an offense under chapter 109A of title 18, 
        United States Code, had the conduct occurred in the special

[[Page 114 STAT. 1540]]

        maritime and territorial jurisdiction of the United States or in 
        a Federal prison.
            (2) Murder.--The term ``murder'' has the meaning given the 
        term in part I of the Uniform Crime Reports of the Federal 
        Bureau of Investigation.
            (3) Rape.--The term ``rape'' has the meaning given the term 
        in part I of the Uniform Crime Reports of the Federal Bureau of 
        Investigation.

    (c) Penalty.--
            (1) Single state.--In any case in which a State convicts an 
        individual of murder, rape, or a dangerous sexual offense, who 
        has a prior conviction for any one of those offenses in a State 
        described in paragraph (3), the Attorney General shall transfer 
        an amount equal to the costs of incarceration, prosecution, and 
        apprehension of that individual, from Federal law enforcement 
        assistance funds that have been allocated to but not distributed 
        to the State that convicted the individual of the prior offense, 
        to the State account that collects Federal law enforcement 
        assistance funds of the State that convicted that individual of 
        the subsequent offense.
            (2) Multiple states.--In any case in which a State convicts 
        an individual of murder, rape, or a dangerous sexual offense, 
        who has a prior conviction for any one or more of those offenses 
        in more than one other State described in paragraph (3), the 
        Attorney General shall transfer an amount equal to the costs of 
        incarceration, prosecution, and apprehension of that individual, 
        from Federal law enforcement assistance funds that have been 
        allocated to but not distributed to each State that convicted 
        such individual of the prior offense, to the State account that 
        collects Federal law enforcement assistance funds of the State 
        that convicted that individual of the subsequent offense.
            (3) State described.--A State is described in this paragraph 
        if--
                    (A) the average term of imprisonment imposed by the 
                State on individuals convicted of the offense for which 
                the individual described in paragraph (1) or (2), as 
                applicable, was convicted by the State is less than the 
                average term of imprisonment imposed for that offense in 
                all States; or
                    (B) with respect to the individual described in 
                paragraph (1) or (2), as applicable, the individual had 
                served less than 85 percent of the term of imprisonment 
                to which that individual was sentenced for the prior 
                offense.
        For purposes of subparagraph (B), in a State that has 
        indeterminate sentencing, the term of imprisonment to which that 
        individual was sentenced for the prior offense shall be based on 
        the lower of the range of sentences.

    (d) State Applications.--In order to receive an amount transferred 
under subsection (c), the chief executive of a State shall submit to the 
Attorney General an application, in such form and containing such 
information as the Attorney General may reasonably require, which shall 
include a certification that the State has convicted an individual of 
murder, rape, or a dangerous sexual offense, who has a prior conviction 
for one of those offenses in another State.
    (e) Source of Funds.--

[[Page 114 STAT. 1541]]

            (1) In general.--Any amount transferred under subsection (c) 
        shall be derived by reducing the amount of Federal law 
        enforcement assistance funds received by the State that 
        convicted such individual of the prior offense before the 
        distribution of the funds to the State. The Attorney General 
        shall provide the State with an opportunity to select the 
        specific Federal law enforcement assistance funds to be so 
        reduced (other than Federal crime victim assistance funds).
            (2) Payment schedule.--The Attorney General, in consultation 
        with the chief executive of the State that convicted such 
        individual of the prior offense, shall establish a payment 
        schedule.

    (f ) Construction.--Nothing in this section may be construed to 
diminish or otherwise affect any court ordered restitution.
    (g) Exception.--This section does not apply if the individual 
convicted of murder, rape, or a dangerous sexual offense has been 
released from prison upon the reversal of a conviction for an offense 
described in subsection (c) and subsequently been convicted for an 
offense described in subsection (c).
    (h) Report.--The Attorney General shall--
            (1) conduct a study evaluating the implementation of this 
        section; and
            (2) not later than October 1, 2006, submit to Congress a 
        report on the results of that study.

    (i) Collection of Recidivism Data.--
            (1) In general.--Beginning with calendar year 2002, and each 
        calendar year thereafter, the Attorney General shall collect and 
        maintain information relating to, with respect to each State--
                    (A) the number of convictions during that calendar 
                year for--
                          (i) any dangerous sexual offense;
                          (ii) rape; and
                          (iii) murder; and
                    (B) the number of convictions described in 
                subparagraph (A) that constitute second or subsequent 
                convictions of the defendant of an offense described in 
                that subparagraph.
            (2) Report.--Not <<NOTE: Deadline.>> later than March 1, 
        2003, and on March 1 of each year thereafter, the Attorney 
        General shall submit to Congress a report, which shall include--
                    (A) the information collected under paragraph (1) 
                with respect to each State during the preceding calendar 
                year; and
                    (B) the percentage of cases in each State in which 
                an individual convicted of an offense described in 
                paragraph (1)(A) was previously convicted of another 
                such offense in another State during the preceding 
                calendar year.

    ( j) Effective Date.--This section shall take effect on January 1, 
2002.

SEC. 2002. PAYMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

    (a) Payments.--
            (1) In general.--Subject to subsections (b) and (c), the 
        Secretary of the Treasury shall pay each person described in 
        paragraph (2), at the person's election--

[[Page 114 STAT. 1542]]

                    (A) 110 percent of compensatory damages awarded by 
                judgment of a court on a claim or claims brought by the 
                person under section 1605(a)(7) of title 28, United 
                States Code, plus amounts necessary to pay post-judgment 
                interest under section 1961 of such title, and, in the 
                case of a claim or claims against Cuba, amounts awarded 
                as sanctions by judicial order on April 18, 2000 (as 
                corrected on June 2, 2000), subject to final appellate 
                review of that order; or
                    (B) 100 percent of the compensatory damages awarded 
                by judgment of a court on a claim or claims brought by 
                the person under section 1605(a)(7) of title 28, United 
                States Code, plus amounts necessary to pay post-judgment 
                interest, as provided in section 1961 of such title, 
                and, in the case of a claim or claims against Cuba, 
                amounts awarded as sanctions by judicial order on April 
                18, 2000 (as corrected June 2, 2000), subject to final 
                appellate review of that order.
        Payments under this subsection shall be made promptly upon 
        request.
            (2) Persons covered.--A person described in this paragraph 
        is a person who--
                    (A)(i) as of July 20, 2000, held a final judgment 
                for a claim or claims brought under section 1605(a)(7) 
                of title 28, United States Code, against Iran or Cuba, 
                or the right to payment of an amount awarded as a 
                judicial sanction with respect to such claim or claims; 
                or
                    (ii) filed a suit under such section 1605(a)(7) on 
                February 17, 1999, December 13, 1999, January 28, 2000, 
                March 15, 2000, or July 27, 2000;
                    (B) relinquishes all claims and rights to 
                compensatory damages and amounts awarded as judicial 
                sanctions under such judgments;
                    (C) in the case of payment under paragraph (1)(A), 
                relinquishes all rights and claims to punitive damages 
                awarded in connection with such claim or claims; and
                    (D) in the case of payment under paragraph (1)(B), 
                relinquishes all rights to execute against or attach 
                property that is at issue in claims against the United 
                States before an international tribunal, that is the 
                subject of awards rendered by such tribunal, or that is 
                subject to section 1610(f )(1)(A) of title 28, United 
                States Code.

    (b) Funding of Amounts.--
            (1) Judgments against cuba.--For purposes of funding the 
        payments under subsection (a) in the case of judgments and 
        sanctions entered against the Government of Cuba or Cuban 
        entities, the President shall vest and liquidate up to and not 
        exceeding the amount of property of the Government of Cuba and 
        sanctioned entities in the United States or any commonwealth, 
        territory, or possession thereof that has been blocked pursuant 
        to section 5(b) of the Trading with the Enemy Act (50 U.S.C. 
        App. 5(b)), sections 202 and 203 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1701-1702), or any other 
        proclamation, order, or regulation issued thereunder. For the 
        purposes of paying amounts for judicial

[[Page 114 STAT. 1543]]

        sanctions, payment shall be made from funds or accounts subject 
        to sanctions as of April 18, 2000, or from blocked assets of the 
        Government of Cuba.
            (2) Judgments against iran.--For purposes of funding 
        payments under subsection (a) in the case of judgments against 
        Iran, the Secretary of the Treasury shall make such payments 
        from amounts paid and liquidated from--
                    (A) rental proceeds accrued on the date of the 
                enactment of this Act from Iranian diplomatic and 
                consular property located in the United States; and
                    (B) funds not otherwise made available in an amount 
                not to exceed the total of the amount in the Iran 
                Foreign Military Sales Program account within the 
                Foreign Military Sales Fund on the date of the enactment 
                of this Act.

    (c) Subrogation.--Upon payment under subsection (a) with respect to 
payments in connection with a Foreign Military Sales Program account, 
the United States shall be fully subrogated, to the extent of the 
payments, to all rights of the person paid under that subsection against 
the debtor foreign state. The President shall pursue these subrogated 
rights as claims or offsets of the United States in appropriate ways, 
including any negotiation process which precedes the normalization of 
relations between the foreign state designated as a state sponsor of 
terrorism and the United States, except that no funds shall be paid to 
Iran, or released to Iran, from property blocked under the International 
Emergency Economic Powers Act or from the Foreign Military Sales Fund, 
until such subrogated claims have been dealt with to the satisfaction of 
the United States.
    (d) Sense of the Congress.--It is the sense of the Congress that the 
President should not normalize relations between the United States and 
Iran until the claims subrogated have been dealt with to the 
satisfaction of the United States.
    (e) Reaffirmation of Authority.--Congress reaffirms the President's 
statutory authority to manage and, where appropriate and consistent with 
the national interest, vest foreign assets located in the United States 
for the purposes, among other things, of assisting and, where 
appropriate, making payments to victims of terrorism.
    (f ) Amendments.--(1) Section 1610(f ) of title 28, United States 
Code, is amended--
            (A) in paragraphs (2)(A) and (2)(B)(ii), by striking 
        ``shall'' each place it appears and inserting ``should make 
        every effort to''; and
            (B) by adding at the end the following new paragraph:
            ``(3) Waiver.--The President may waive any provision of 
        paragraph (1) in the interest of national security.''.

    (2) Subsections (b) and (d) of section 117 of the Treasury 
Department Appropriations Act, <<NOTE: 28 USC 1606, 1610 note.>> 1999 
(as contained in section 101(h) of Public Law 105-277) are repealed.

SEC. 2003. AID FOR VICTIMS OF TERRORISM.

    (a) Meeting the Needs of Victims of Terrorism Outside the United 
States.--
            (1) In general.--Section 1404B(a) of the Victims of Crime 
        Act of 1984 (42 U.S.C. 10603b(a)) is amended as follows:

    ``(a) Victims of Acts of Terrorism Outside United States.--

[[Page 114 STAT. 1544]]

            ``(1) In general.--The Director may make supplemental grants 
        as provided in 1402(d)(5) to States, victim service 
        organizations, and public agencies (including Federal, State, or 
        local governments) and nongovernmental organizations that 
        provide assistance to victims of crime, which shall be used to 
        provide emergency relief, including crisis response efforts, 
        assistance, training, and technical assistance, and ongoing 
        assistance, including during any investigation or prosecution, 
        to victims of terrorist acts or mass violence occurring outside 
        the United States who are not persons eligible for compensation 
        under title VIII of the Omnibus Diplomatic Security and 
        Antiterrorism Act of 1986.
            ``(2) Victim defined.--In this subsection, the term 
        `victim'--
                    ``(A) means a person who is a national of the United 
                States or an officer or employee of the United States 
                Government who is injured or killed as a result of a 
                terrorist act or mass violence occurring outside the 
                United States; and
                    ``(B) in the case of a person described in 
                subparagraph (A) who is less than 18 years of age, 
                incompetent, incapacitated, or deceased, includes a 
                family member or legal guardian of that person.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to allow the Director to make grants to any 
        foreign power (as defined by section 101(a) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) or to 
        any domestic or foreign organization operated for the purpose of 
        engaging in any significant political or lobbying activities.''.
            (2) Applicability.--The <<NOTE: 42 USC 10603b 
        note.>> amendment made by this subsection shall apply to any 
        terrorist act or mass violence occurring on or after December 
        21, 1988, with respect to which an investigation or prosecution 
        was ongoing after April 24, 1996.
            (3) Administrative provision.--Not <<NOTE: Deadline. 42 USC 
        10603b note.>> later than 90 days after the date of the 
        enactment of this Act, the Director shall establish guidelines 
        under section 1407(a) of the Victims of Crime Act of 1984 (42 
        U.S.C. 10604(a)) to specify the categories of organizations and 
        agencies to which the Director may make grants under this 
        subsection.
            (4) Technical Amendment.--Section 1404B(b) of the Victims of 
        Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended by striking 
        ``1404(d)(4)(B)'' and inserting ``1402(d)(5)''.

    (b) Amendments to Emergency Reserve Fund.--
            (1) Cap increase.--Section 1402(d)(5)(A) of the Victims of 
        Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended by 
        striking ``$50,000,000'' and inserting ``$100,000,000''.
            (2) Transfer.--Section 1402(e) of the Victims of Crime Act 
        of 1984 (42 U.S.C 10601(e)) is amended by striking ``in excess 
        of $500,000'' and all that follows through ``than $500,000'' and 
        inserting ``shall be available for deposit into the emergency 
        reserve fund referred to in subsection (d)(5) at the discretion 
        of the Director. Any remaining unobligated sums''.

    (c) Compensation to Victims of International Terrorism.--
            (1) In general.--The Victims of Crime Act of 1984 (42 U.S.C. 
        10601 et seq.) is amended by inserting after section 1404B the 
        following:

[[Page 114 STAT. 1545]]

``SEC. 1404C. <<NOTE: 42 USC 10603c.>> COMPENSATION TO VICTIMS OF 
            INTERNATIONAL TERRORISM.

    ``(a) Definitions.--In this section:
            ``(1) International terrorism.--The term `international 
        terrorism' has the meaning given the term in section 2331 of 
        title 18, United States Code.
            ``(2) National of the united states.--The term `national of 
        the United States' has the meaning given the term in section 
        101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)).
            ``(3) Victim.--
                    ``(A) In general.--The term `victim' means a person 
                who--
                          ``(i) suffered direct physical or emotional 
                      injury or death as a result of international 
                      terrorism occurring on or after December 21, 1988 
                      with respect to which an investigation or 
                      prosecution was ongoing after April 24, 1996; and
                          ``(ii) as of the date on which the 
                      international terrorism occurred, was a national 
                      of the United States or an officer or employee of 
                      the United States Government.
                    ``(B) Incompetent, incapacitated, or deceased 
                victims.--In the case of a victim who is less than 18 
                years of age, incompetent, incapacitated, or deceased, a 
                family member or legal guardian of the victim may 
                receive the compensation under this section on behalf of 
                the victim.
                    ``(C) Exception.--Notwithstanding any other 
                provision of this section, in no event shall an 
                individual who is criminally culpable for the terrorist 
                act or mass violence receive any compensation under this 
                section, either directly or on behalf of a victim.

    ``(b) Award of Compensation.--The Director may use the emergency 
reserve referred to in section 1402(d)(5)(A) to carry out a program to 
compensate victims of acts of international terrorism that occur outside 
the United States for expenses associated with that victimization.
    ``(c) Annual Report.--The Director shall annually submit to Congress 
a report on the status and activities of the program under this section, 
which report shall include--
            ``(1) an explanation of the procedures for filing and 
        processing of applications for compensation;
            ``(2) a description of the procedures and policies 
        instituted to promote public awareness about the program;
            ``(3) a complete statistical analysis of the victims 
        assisted under the program, including--
                    ``(A) the number of applications for compensation 
                submitted;
                    ``(B) the number of applications approved and the 
                amount of each award;
                    ``(C) the number of applications denied and the 
                reasons for the denial;
                    ``(D) the average length of time to process an 
                application for compensation; and
                    ``(E) the number of applications for compensation 
                pending and the estimated future liability of the 
                program; and

[[Page 114 STAT. 1546]]

            ``(4) an analysis of future program needs and suggested 
        program improvements.''.
            (2) Conforming amendment.--Section 1402(d)(5)(B) of the 
        Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is 
        amended by inserting ``, to provide compensation to victims of 
        international terrorism under the program under section 1404C,'' 
        after ``section 1404B''.

    (d) Amendments to Victims of Crime Fund.--Section 1402(c) of the 
Victims of Crime Act 1984 (42 U.S.C. 10601(c)) is amended by adding at 
the end the following: ``Notwithstanding section 1402(d)(5), all sums 
deposited in the Fund in any fiscal year that are not made available for 
obligation by Congress in the subsequent fiscal year shall remain in the 
Fund for obligation in future fiscal years, without fiscal year 
limitation.''.

SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT.

    (a) Shipment of Intoxicating Liquor in Violation of State Law.--The 
Act entitled ``An Act divesting intoxicating liquors of their interstate 
character in certain cases'', approved March 1, 1913 (commonly known as 
the ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended by adding at the end 
the following:

``SEC. 2. <<NOTE: 27 USC 122a.>> INJUNCTIVE RELIEF IN FEDERAL DISTRICT 
            COURT.

    ``(a) Definitions.--In this section--
            ``(1) the term `attorney general' means the attorney general 
        or other chief law enforcement officer of a State or the 
        designee thereof;
            ``(2) the term `intoxicating liquor' means any spirituous, 
        vinous, malted, fermented, or other intoxicating liquor of any 
        kind;
            ``(3) the term `person' means any individual and any 
        partnership, corporation, company, firm, society, association, 
        joint stock company, trust, or other entity capable of holding a 
        legal or beneficial interest in property, but does not include a 
        State or agency thereof; and
            ``(4) the term `State' means any State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, or 
        any territory or possession of the United States.

    ``(b) Action by State Attorney General.--If the attorney general has 
reasonable cause to believe that a person is engaged in, or has engaged 
in, any act that would constitute a violation of a State law regulating 
the importation or transportation of any intoxicating liquor, the 
attorney general may bring a civil action in accordance with this 
section for injunctive relief (including a preliminary or permanent 
injunction) against the person, as the attorney general determines to be 
necessary to--
            ``(1) restrain the person from engaging, or continuing to 
        engage, in the violation; and
            ``(2) enforce compliance with the State law.

    ``(c) Federal Jurisdiction.--
            ``(1) In general.--The district courts of the United States 
        shall have jurisdiction over any action brought under this 
        section by an attorney general against any person, except one 
        licensed or otherwise authorized to produce, sell, or store 
        intoxicating liquor in such State.
            ``(2) Venue.--An action under this section may be brought 
        only in accordance with section 1391 of title 28, United States

[[Page 114 STAT. 1547]]

        Code, or in the district in which the recipient of the 
        intoxicating liquor resides or is found.
            ``(3) Form of relief.--An action under this section is 
        limited to actions seeking injunctive relief (a preliminary and/
        or permanent injunction).
            ``(4) No right to jury trial.--An action under this section 
        shall be tried before the court.

    ``(d) Requirements for Injunctions and Orders.--
            ``(1) In general.--In any action brought under this section, 
        upon a proper showing by the attorney general of the State, the 
        court may issue a preliminary or permanent injunction to 
        restrain a violation of this section. A proper showing under 
        this paragraph shall require that a State prove by a 
        preponderance of the evidence that a violation of State law as 
        described in subsection (b) has taken place or is taking place.
            ``(2) Additional showing for preliminary injunction.--No 
        preliminary injunction may be granted except upon--
                    ``(A) evidence demonstrating the probability of 
                irreparable injury if injunctive relief is not granted; 
                and
                    ``(B) evidence supporting the probability of success 
                on the merits.
            ``(3) Notice.--No preliminary or permanent injunction may be 
        issued under paragraph (1) without notice to the adverse party 
        and an opportunity for a hearing.
            ``(4) Form and scope of order.--Any preliminary or permanent 
        injunction entered in an action brought under this section 
        shall--
                    ``(A) set forth the reasons for the issuance of the 
                order;
                    ``(B) be specific in terms;
                    ``(C) describe in reasonable detail, and not by 
                reference to the complaint or other document, the act or 
                acts sought to be restrained; and
                    ``(D) be binding upon--
                          ``(i) the parties to the action and the 
                      officers, agents, employees, and attorneys of 
                      those parties; and
                          ``(ii) persons in active concert or 
                      participation with the parties to the action who 
                      receive actual notice of the order by personal 
                      service or otherwise.
            ``(5) Admissibility of evidence.--In a hearing on an 
        application for a permanent injunction, any evidence previously 
        received on an application for a preliminary injunction in 
        connection with the same civil action and that would otherwise 
        be admissible, may be made a part of the record of the hearing 
        on the permanent injunction.

    ``(e) Rules of Construction.--This section shall be construed only 
to extend the jurisdiction of Federal courts in connection with State 
law that is a valid exercise of power vested in the States--
            ``(1) under the twenty-first article of amendment to the 
        Constitution of the United States as such article of amendment 
        is interpreted by the Supreme Court of the United States 
        including interpretations in conjunction with other provisions 
        of the Constitution of the United States; and
            ``(2) under the first section herein as such section is 
        interpreted by the Supreme Court of the United States; but shall 
        not be construed to grant to States any additional power.

    ``(f ) Additional Remedies.--

[[Page 114 STAT. 1548]]

            ``(1) In general.--A remedy under this section is in 
        addition to any other remedies provided by law.
            ``(2) State court proceedings.--Nothing in this section may 
        be construed to prohibit an authorized State official from 
        proceeding in State court on the basis of an alleged violation 
        of any State law.

``SEC. 3. <<NOTE: 27 USC 122b.>> GENERAL PROVISIONS.

    ``(a) Effect on Internet Tax Freedom Act.--Nothing in this section 
may be construed to modify or supersede the operation of the Internet 
Tax Freedom Act (47 U.S.C. 151 note).
    ``(b) Inapplicability to Service Providers.--Nothing in this section 
may be construed to--
            ``(1) authorize any injunction against an interactive 
        computer service (as defined in section 230(f ) of the 
        Communications Act of 1934 (47 U.S.C. 230(f )) used by another 
        person to engage in any activity that is subject to this Act;
            ``(2) authorize any injunction against an electronic 
        communication service (as defined in section 2510(15) of title 
        18, United States Code) used by another person to engage in any 
        activity that is subject to this Act; or
            ``(3) authorize an injunction prohibiting the advertising or 
        marketing of any intoxicating liquor by any person in any case 
        in which such advertising or marketing is lawful in the 
        jurisdiction from which the importation, transportation or other 
        conduct to which this Act applies originates.''.

    (b) Effective Date.--This <<NOTE: 27 USC 122a note.>> section and 
the amendments made by this section shall become effective 90 days after 
the date of the enactment of this Act.

    (c) Study.--The <<NOTE: Deadline. 27 USC 122a note.>> Attorney 
General shall carry out the study to determine the impact of this 
section and shall submit the results of such study not later than 180 
days after the enactment of this Act.

    Approved October 28, 2000.

LEGISLATIVE HISTORY--H.R. 3244:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 106-487, Pt. 1 (Comm. on International Relations) 
and Pt. 2 (Comm. on the Judiciary) and 106-939 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            May 9, considered and passed House.
            July 27, considered and passed Senate, amended.
            Oct. 6, House agreed to conference report.
            Oct. 11, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Oct. 28, Presidential statement.

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