[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[House]
[Pages H8855-H8886]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CONFERENCE REPORT ON H.R. 3244, VICTIMS OF TRAFFICKING AND VIOLENCE 
                         PROTECTION ACT OF 2000

  Mr. SMITH of New Jersey submitted the following conference report and 
statement on the bill (H.R. 3244) to combat trafficking of persons, 
especially into the sex trade, slavery, and slavery-like conditions in 
the United States and countries around the world through prevention, 
through prosecution and enforcement against traffickers, and through 
protection and assistance to victims of trafficking:

                  Conference Report (H. Rept. 106-939)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     3244), an Act to combat trafficking of persons, especially 
     into the sex trade, slavery, and slavery-like conditions, in 
     the United States and countries around the world through 
     prevention, through prosecution and enforcement against 
     traffickers, and through protection and assistance to victims 
     of trafficking, having met, after full and free conference, 
     have agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

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

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

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

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

         DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000

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

             DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000

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

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

Sec. 1101. Full faith and credit enforcement of protection orders.
Sec. 1102. Role of courts.
Sec. 1103. Reauthorization of STOP grants.
Sec. 1104. Reauthorization of grants to encourage arrest policies.
Sec. 1105. Reauthorization of rural domestic violence and child abuse 
              enforcement grants.
Sec. 1106. National stalker and domestic violence reduction.
Sec. 1107. Amendments to domestic violence and stalking offenses.
Sec. 1108. School and campus security.
Sec. 1109. Dating violence.

        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

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

        TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

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

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

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

                   TITLE V--BATTERED IMMIGRANT WOMEN

Sec. 1501. Short title.
Sec. 1502. Findings and purposes.
Sec. 1503. Improved access to immigration protections of the Violence 
              Against Women Act of 1994 for battered immigrant women.
Sec. 1504. Improved access to cancellation of removal and suspension of 
              deportation under the Violence Against Women Act of 1994.
Sec. 1505. Offering equal access to immigration protections of the 
              Violence Against Women Act of 1994 for all qualified 
              battered immigrant self-petitioners.
Sec. 1506. Restoring immigration protections under the Violence Against 
              Women Act of 1994.
Sec. 1507. Remedying problems with implementation of the immigration 
              provisions of the Violence Against Women Act of 1994.
Sec. 1508. Technical correction to qualified alien definition for 
              battered immigrants.
Sec. 1509. Access to Cuban Adjustment Act for battered immigrant 
              spouses and children.
Sec. 1510. Access to the Nicaraguan Adjustment and Central American 
              Relief Act for battered spouses and children.

[[Page H8856]]

Sec. 1511. Access to the Haitian Refugee Fairness Act of 1998 for 
              battered spouses and children.
Sec. 1512. Access to services and legal representation for battered 
              immigrants.
Sec. 1513. Protection for certain crime victims including victims of 
              crimes against women.

                        TITLE VI--MISCELLANEOUS

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

                  DIVISION C--MISCELLANEOUS PROVISIONS

Sec. 2001. Aimee's law.
Sec. 2002. Payment of anti-terrorism judgments.
Sec. 2003. Aid to victims of terrorism.
Sec. 2004. Twenty-first century amendment.
         DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000

     SEC. 101. SHORT TITLE.

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

     SEC. 102. PURPOSES AND FINDINGS.

       (a) Purposes.--The purposes of this division are to combat 
     trafficking in persons, a contemporary manifestation of 
     slavery whose victims are predominantly women and children, 
     to ensure just and effective punishment of traffickers, and 
     to protect their victims.
       (b) Findings.--Congress finds that:
       (1) As the 21st century begins, the degrading institution 
     of slavery continues throughout the world. Trafficking in 
     persons is a modern form of slavery, and it is the largest 
     manifestation of slavery today. At least 700,000 persons 
     annually, primarily women and children, are trafficked within 
     or across international borders. Approximately 50,000 women 
     and children are trafficked into the United States each year.
       (2) Many of these persons are trafficked into the 
     international sex trade, often by force, fraud, or coercion. 
     The sex industry has rapidly expanded over the past several 
     decades. It involves sexual exploitation of persons, 
     predominantly women and girls, involving activities related 
     to prostitution, pornography, sex tourism, and other 
     commercial sexual services. The low status of women in many 
     parts of the world has contributed to a burgeoning of the 
     trafficking industry.
       (3) Trafficking in persons is not limited to the sex 
     industry. This growing transnational crime also includes 
     forced labor and involves significant violations of labor, 
     public health, and human rights standards worldwide.
       (4) Traffickers primarily target women and girls, who are 
     disproportionately affected by poverty, the lack of access to 
     education, chronic unemployment, discrimination, and the lack 
     of economic opportunities in countries of origin. Traffickers 
     lure women and girls into their networks through false 
     promises of decent working conditions at relatively good pay 
     as nannies, maids, dancers, factory workers, restaurant 
     workers, sales clerks, or models. Traffickers also buy 
     children from poor families and sell them into prostitution 
     or into various types of forced or bonded labor.
       (5) Traffickers often transport victims from their home 
     communities to unfamiliar destinations, including foreign 
     countries away from family and friends, religious 
     institutions, and other sources of protection and support, 
     leaving the victims defenseless and vulnerable.
       (6) Victims are often forced through physical violence to 
     engage in sex acts or perform slavery-like labor. Such force 
     includes rape and other forms of sexual abuse, torture, 
     starvation, imprisonment, threats, psychological abuse, and 
     coercion.
       (7) Traffickers often make representations to their victims 
     that physical harm may occur to them or others should the 
     victim escape or attempt to escape. Such representations can 
     have the same coercive effects on victims as direct threats 
     to inflict such harm.
       (8) Trafficking in persons is increasingly perpetrated by 
     organized, sophisticated criminal enterprises. Such 
     trafficking is the fastest growing source of profits for 
     organized criminal enterprises worldwide. Profits from the 
     trafficking industry contribute to the expansion of organized 
     crime in the United States and worldwide. Trafficking in 
     persons is often aided by official corruption in countries of 
     origin, transit, and destination, thereby threatening the 
     rule of law.
       (9) Trafficking includes all the elements of the crime of 
     forcible rape when it involves the involuntary participation 
     of another person in sex acts by means of fraud, force, or 
     coercion.
       (10) Trafficking also involves violations of other laws, 
     including labor and immigration codes and laws against 
     kidnapping, slavery, false imprisonment, assault, battery, 
     pandering, fraud, and extortion.
       (11) Trafficking exposes victims to serious health risks. 
     Women and children trafficked in the sex industry are exposed 
     to deadly diseases, including HIV and AIDS. Trafficking 
     victims are sometimes worked or physically brutalized to 
     death.
       (12) Trafficking in persons substantially affects 
     interstate and foreign commerce. Trafficking for such 
     purposes as involuntary servitude, peonage, and other forms 
     of forced labor has an impact on the nationwide employment 
     network and labor market. Within the context of slavery, 
     servitude, and labor or services which are obtained or 
     maintained through coercive conduct that amounts to a 
     condition of servitude, victims are subjected to a range of 
     violations.
       (13) Involuntary servitude statutes are intended to reach 
     cases in which persons are held in a condition of servitude 
     through nonviolent coercion. In United States v. Kozminski, 
     487 U.S. 931 (1988), the Supreme Court found that section 
     1584 of title 18, United States Code, should be narrowly 
     interpreted, absent a definition of involuntary servitude by 
     Congress. As a result, that section was interpreted to 
     criminalize only servitude that is brought about through use 
     or threatened use of physical or legal coercion, and to 
     exclude other conduct that can have the same purpose and 
     effect.
       (14) Existing legislation and law enforcement in the United 
     States and other countries are inadequate to deter 
     trafficking and bring traffickers to justice, failing to 
     reflect the gravity of the offenses involved. No 
     comprehensive law exists in the United States that penalizes 
     the range of offenses involved in the trafficking scheme. 
     Instead, even the most brutal instances of trafficking in the 
     sex industry are often punished under laws that also apply to 
     lesser offenses, so that traffickers typically escape 
     deserved punishment.
       (15) In the United States, the seriousness of this crime 
     and its components is not reflected in current sentencing 
     guidelines, resulting in weak penalties for convicted 
     traffickers.
       (16) In some countries, enforcement against traffickers is 
     also hindered by official indifference, by corruption, and 
     sometimes even by official participation in trafficking.
       (17) Existing laws often fail to protect victims of 
     trafficking, and because victims are often illegal immigrants 
     in the destination country, they are repeatedly punished more 
     harshly than the traffickers themselves.
       (18) Additionally, adequate services and facilities do not 
     exist to meet victims' needs regarding health care, housing, 
     education, and legal assistance, which safely reintegrate 
     trafficking victims into their home countries.
       (19) Victims of severe forms of trafficking should not be 
     inappropriately incarcerated, fined, or otherwise penalized 
     solely for unlawful acts committed as a direct result of 
     being trafficked, such as using false documents, entering the 
     country without documentation, or working without 
     documentation.
       (20) Because victims of trafficking are frequently 
     unfamiliar with the laws, cultures, and languages of the 
     countries into which they have been trafficked, because they 
     are often subjected to coercion and intimidation including 
     physical detention and debt bondage, and because they often 
     fear retribution and forcible removal to countries in which 
     they will face retribution or other hardship, these victims 
     often find it difficult or impossible to report the crimes 
     committed against them or to assist in the investigation and 
     prosecution of such crimes.
       (21) Trafficking of persons is an evil requiring concerted 
     and vigorous action by countries of origin, transit or 
     destination, and by international organizations.
       (22) One of the founding documents of the United States, 
     the Declaration of Independence, recognizes the inherent 
     dignity and worth of all people. It states that all men are 
     created equal and that they are endowed by their Creator with 
     certain unalienable rights. The right to be free from slavery 
     and involuntary servitude is among those unalienable rights. 
     Acknowledging this fact, the United States outlawed slavery 
     and involuntary servitude in 1865, recognizing them as evil 
     institutions that must be abolished. Current practices of 
     sexual slavery and trafficking of women and children are 
     similarly abhorrent to the principles upon which the United 
     States was founded.
       (23) The United States and the international community 
     agree that trafficking in persons involves grave violations 
     of human rights and is a matter of pressing international 
     concern. The international community has repeatedly condemned 
     slavery and involuntary servitude, violence against women, 
     and other elements of trafficking, through declarations, 
     treaties, and United Nations resolutions and reports, 
     including the Universal Declaration of Human Rights; the 1956 
     Supplementary Convention on the Abolition of Slavery, the 
     Slave Trade, and Institutions and Practices Similar to 
     Slavery; the 1948 American Declaration on the Rights and 
     Duties of Man; the 1957 Abolition of Forced Labor Convention; 
     the International Covenant on Civil and Political Rights; the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment; United Nations General 
     Assembly Resolutions 50/167, 51/66, and 52/98; the Final 
     Report of the World Congress against Sexual Exploitation of 
     Children (Stockholm, 1996); the Fourth World Conference on 
     Women (Beijing, 1995); and the 1991 Moscow Document of the 
     Organization for Security and Cooperation in Europe.
       (24) Trafficking in persons is a transnational crime with 
     national implications. To deter international trafficking and 
     bring its perpetrators to justice, nations including the 
     United States must recognize that trafficking is a serious 
     offense. This is done by prescribing appropriate punishment, 
     giving priority to the prosecution of trafficking offenses, 
     and protecting rather than punishing the victims of such 
     offenses. The United States must work bilaterally and 
     multilaterally to abolish the trafficking industry by taking 
     steps to promote cooperation among countries linked together 
     by international trafficking routes. The United States must 
     also urge the international community to take strong action 
     in multilateral fora to engage recalcitrant countries in 
     serious and sustained efforts to eliminate trafficking and 
     protect trafficking victims.

     SEC. 103. DEFINITIONS.

       In this division:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations and the Committee on the Judiciary of 
     the Senate and the Committee on International Relations and 
     the Committee on the Judiciary of the House of 
     Representatives.
       (2) Coercion.--The term ``coercion'' means--
       (A) threats of serious harm to or physical restraint 
     against any person;
       (B) any scheme, plan, or pattern intended to cause a person 
     to believe that failure to perform

[[Page H8857]]

     an act would result in serious harm to or physical restraint 
     against any person; or
       (C) the abuse or threatened abuse of the legal process.
       (3) Commercial sex act.--The term ``commercial sex act'' 
     means any sex act on account of which anything of value is 
     given to or received by any person.
       (4) Debt bondage.--The term ``debt bondage'' means the 
     status or condition of a debtor arising from a pledge by the 
     debtor of his or her personal services or of those of a 
     person under his or her control as a security for debt, if 
     the value of those services as reasonably assessed is not 
     applied toward the liquidation of the debt or the length and 
     nature of those services are not respectively limited and 
     defined.
       (5) Involuntary servitude.--The term ``involuntary 
     servitude'' includes a condition of servitude induced by 
     means of--
       (A) any scheme, plan, or pattern intended to cause a person 
     to believe that, if the person did not enter into or continue 
     in such condition, that person or another person would suffer 
     serious harm or physical restraint, or
       (B) the abuse or threatened abuse of the legal process.
       (6) Minimum standards for the elimination of trafficking.--
     The term ``minimum standards for the elimination of 
     trafficking'' means the standards set forth in section 108.
       (7) Nonhumanitarian, nontrade-related foreign assistance.--
     The term ``nonhumanitarian, nontrade-related foreign 
     assistance'' means--
       (A) any assistance under the Foreign Assistance Act of 
     1961, other than--
       (i) assistance under chapter 4 of part II of that Act that 
     is made available for any program, project, or activity 
     eligible for assistance under chapter 1 of part I of that 
     Act;
       (ii) assistance under chapter 8 of part I of that Act;
       (iii) any other narcotics-related assistance under part I 
     of that Act or under chapter 4 or 5 part II of that Act, but 
     any such assistance provided under this clause shall be 
     subject to the prior notification procedures applicable to 
     reprogrammings pursuant to section 634A of that Act;
       (iv) disaster relief assistance, including any assistance 
     under chapter 9 of part I of that Act;
       (v) antiterrorism assistance under chapter 8 of part II of 
     that Act;
       (vi) assistance for refugees;
       (vii) humanitarian and other development assistance in 
     support of programs of nongovernmental organizations under 
     chapters 1 and 10 of that Act;
       (viii) programs under title IV of chapter 2 of part I of 
     that Act, relating to the Overseas Private Investment 
     Corporation; and
       (ix) other programs involving trade-related or humanitarian 
     assistance; and
       (B) sales, or financing on any terms, under the Arms Export 
     Control Act, other than sales or financing provided for 
     narcotics-related purposes following notification in 
     accordance with the prior notification procedures applicable 
     to reprogrammings pursuant to section 634A of the Foreign 
     Assistance Act of 1961.
       (8) Severe forms of trafficking in persons.--The term 
     ``severe forms of trafficking in persons'' means--
       (A) sex trafficking in which a commercial sex act is 
     induced by force, fraud, or coercion, or in which the person 
     induced to perform such act has not attained 18 years of age; 
     or
       (B) the recruitment, harboring, transportation, provision, 
     or obtaining of a person for labor or services, through the 
     use of force, fraud, or coercion for the purpose of 
     subjection to involuntary servitude, peonage, debt bondage, 
     or slavery.
       (9) Sex trafficking.--The term ``sex trafficking'' means 
     the recruitment, harboring, transportation, provision, or 
     obtaining of a person for the purpose of a commercial sex 
     act.
       (10) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and territories and possessions of 
     the United States.
       (11) Task force.--The term ``Task Force'' means the 
     Interagency Task Force to Monitor and Combat Trafficking 
     established under section 105.
       (12) United states.--The term ``United States'' means the 
     fifty States of the United States, the District of Columbia, 
     the Commonwealth of Puerto Rico, the Virgin Islands, American 
     Samoa, Guam, the Commonwealth of the Northern Mariana 
     Islands, and the territories and possessions of the United 
     States.
       (13) Victim of a severe form of trafficking.--The term 
     ``victim of a severe form of trafficking'' means a person 
     subject to an act or practice described in paragraph (8).
       (14) Victim of trafficking.--The term ``victim of 
     trafficking'' means a person subjected to an act or practice 
     described in paragraph (8) or (9).

     SEC. 104. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

       (a) Countries Receiving Economic Assistance.--Section 
     116(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151(f)) is amended to read as follows:
       ``(f)(1) The report required by subsection (d) shall 
     include the following:
       ``(A) A description of the nature and extent of severe 
     forms of trafficking in persons, as defined in section 103 of 
     the Trafficking Victims Protection Act of 2000, in each 
     foreign country.
       ``(B) With respect to each country that is a country of 
     origin, transit, or destination for victims of severe forms 
     of trafficking in persons, an assessment of the efforts by 
     the government of that country to combat such trafficking. 
     The assessment shall address the following:
       ``(i) Whether government authorities in that country 
     participate in, facilitate, or condone such trafficking.
       ``(ii) Which government authorities in that country are 
     involved in activities to combat such trafficking.
       ``(iii) What steps the government of that country has taken 
     to prohibit government officials from participating in, 
     facilitating, or condoning such trafficking, including the 
     investigation, prosecution, and conviction of such 
     officials.
       ``(iv) What steps the government of that country has taken 
     to prohibit other individuals from participating in such 
     trafficking, including the investigation, prosecution, and 
     conviction of individuals involved in severe forms of 
     trafficking in persons, the criminal and civil penalties for 
     such trafficking, and the efficacy of those penalties in 
     eliminating or reducing such trafficking.
       ``(v) What steps the government of that country has taken 
     to assist victims of such trafficking, including efforts to 
     prevent victims from being further victimized by traffickers, 
     government officials, or others, grants of relief from 
     deportation, and provision of humanitarian relief, including 
     provision of mental and physical health care and shelter.
       ``(vi) Whether the government of that country is 
     cooperating with governments of other countries to extradite 
     traffickers when requested, or, to the extent that such 
     cooperation would be inconsistent with the laws of such 
     country or with extradition treaties to which such country is 
     a party, whether the government of that country is taking all 
     appropriate measures to modify or replace such laws and 
     treaties so as to permit such cooperation.
       ``(vii) Whether the government of that country is assisting 
     in international investigations of transnational trafficking 
     networks and in other cooperative efforts to combat severe 
     forms of trafficking in persons.
       ``(viii) Whether the government of that country refrains 
     from prosecuting victims of severe forms of trafficking in 
     persons due to such victims having been trafficked, and 
     refrains from other discriminatory treatment of such victims.
       ``(ix) Whether the government of that country recognizes 
     the rights of victims of severe forms of trafficking in 
     persons and ensures their access to justice.
       ``(C) Such other information relating to trafficking in 
     persons as the Secretary of State considers appropriate.
       ``(2) In compiling data and making assessments for the 
     purposes of paragraph (1), United States diplomatic mission 
     personnel shall consult with human rights organizations and 
     other appropriate nongovernmental organizations.''.
       (b) Countries Receiving Security Assistance.--Section 502B 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is 
     amended by adding at the end the following new subsection:
       ``(h)(1) The report required by subsection (b) shall 
     include the following:
       ``(A) A description of the nature and extent of severe 
     forms of trafficking in persons, as defined in section 103 of 
     the Trafficking Victims Protection Act of 2000, in each 
     foreign country.
       ``(B) With respect to each country that is a country of 
     origin, transit, or destination for victims of severe forms 
     of trafficking in persons, an assessment of the efforts by 
     the government of that country to combat such trafficking. 
     The assessment shall address the following:
       ``(i) Whether government authorities in that country 
     participate in, facilitate, or condone such trafficking.
       ``(ii) Which government authorities in that country are 
     involved in activities to combat such trafficking.
       ``(iii) What steps the government of that country has taken 
     to prohibit government officials from participating in, 
     facilitating, or condoning such trafficking, including the 
     investigation, prosecution, and conviction of such officials.
       ``(iv) What steps the government of that country has taken 
     to prohibit other individuals from participating in such 
     trafficking, including the investigation, prosecution, and 
     conviction of individuals involved in severe forms of 
     trafficking in persons, the criminal and civil penalties for 
     such trafficking, and the efficacy of those penalties in 
     eliminating or reducing such trafficking.
       ``(v) What steps the government of that country has taken 
     to assist victims of such trafficking, including efforts to 
     prevent victims from being further victimized by traffickers, 
     government officials, or others, grants of relief from 
     deportation, and provision of humanitarian relief, including 
     provision of mental and physical health care and shelter.
       ``(vi) Whether the government of that country is 
     cooperating with governments of other countries to extradite 
     traffickers when requested, or, to the extent that such 
     cooperation would be inconsistent with the laws of such 
     country or with extradition treaties to which such country is 
     a party, whether the government of that country is taking all 
     appropriate measures to modify or replace such laws and 
     treaties so as to permit such cooperation.
       ``(vii) Whether the government of that country is assisting 
     in international investigations of transnational trafficking 
     networks and in other cooperative efforts to combat severe 
     forms of trafficking in persons.
       ``(viii) Whether the government of that country refrains 
     from prosecuting victims of severe forms of trafficking in 
     persons due to such victims having been trafficked, and 
     refrains from other discriminatory treatment of such victims.
       ``(ix) Whether the government of that country recognizes 
     the rights of victims of severe forms of trafficking in 
     persons and ensures their access to justice.
       ``(C) Such other information relating to trafficking in 
     persons as the Secretary of State considers appropriate.
       ``(2) In compiling data and making assessments for the 
     purposes of paragraph (1), United

[[Page H8858]]

     States diplomatic mission personnel shall consult with human 
     rights organizations and other appropriate nongovernmental 
     organizations.''.

     SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT 
                   TRAFFICKING.

       (a) Establishment.--The President shall establish an 
     Interagency Task Force to Monitor and Combat Trafficking.
       (b) Appointment.--The President shall appoint the members 
     of the Task Force, which shall include the Secretary of 
     State, the Administrator of the United States Agency for 
     International Development, the Attorney General, the 
     Secretary of Labor, the Secretary of Health and Human 
     Services, the Director of Central Intelligence, and such 
     other officials as may be designated by the President.
       (c) Chairman.--The Task Force shall be chaired by the 
     Secretary of State.
       (d) Activities of the Task Force.--The Task Force shall 
     carry out the following activities:
       (1) Coordinate the implementation of this division.
       (2) Measure and evaluate progress of the United States and 
     other countries in the areas of trafficking prevention, 
     protection, and assistance to victims of trafficking, and 
     prosecution and enforcement against traffickers, including 
     the role of public corruption in facilitating trafficking. 
     The Task Force shall have primary responsibility for 
     assisting the Secretary of State in the preparation of the 
     reports described in section 110.
       (3) Expand interagency procedures to collect and organize 
     data, including significant research and resource information 
     on domestic and international trafficking. Any data 
     collection procedures established under this subsection shall 
     respect the confidentiality of victims of trafficking.
       (4) Engage in efforts to facilitate cooperation among 
     countries of origin, transit, and destination. Such efforts 
     shall aim to strengthen local and regional capacities to 
     prevent trafficking, prosecute traffickers and assist 
     trafficking victims, and shall include initiatives to enhance 
     cooperative efforts between destination countries and 
     countries of origin and assist in the appropriate 
     reintegration of stateless victims of trafficking.
       (5) Examine the role of the international ``sex tourism'' 
     industry in the trafficking of persons and in the sexual 
     exploitation of women and children around the world.
       (6) Engage in consultation and advocacy with governmental 
     and nongovernmental organizations, among other entities, to 
     advance the purposes of this division.
       (e) Support for the Task Force.--The Secretary of State is 
     authorized to establish within the Department of State an 
     Office to Monitor and Combat Trafficking, which shall provide 
     assistance to the Task Force. Any such Office shall be headed 
     by a Director. The Director shall have the primary 
     responsibility for assisting the Secretary of State in 
     carrying out the purposes of this division and may have 
     additional responsibilities as determined by the Secretary. 
     The Director shall consult with nongovernmental organizations 
     and multilateral organizations, and with trafficking victims 
     or other affected persons. The Director shall have the 
     authority to take evidence in public hearings or by other 
     means. The agencies represented on the Task Force are 
     authorized to provide staff to the Office on a 
     nonreimbursable basis.

     SEC. 106. PREVENTION OF TRAFFICKING.

       (a) Economic Alternatives To Prevent and Deter 
     Trafficking.--The President shall establish and carry out 
     international initiatives to enhance economic opportunity for 
     potential victims of trafficking as a method to deter 
     trafficking. Such initiatives may include--
       (1) microcredit lending programs, training in business 
     development, skills training, and job counseling;
       (2) programs to promote women's participation in economic 
     decisionmaking;
       (3) programs to keep children, especially girls, in 
     elementary and secondary schools, and to educate persons who 
     have been victims of trafficking;
       (4) development of educational curricula regarding the 
     dangers of trafficking; and
       (5) grants to nongovernmental organizations to accelerate 
     and advance the political, economic, social, and educational 
     roles and capacities of women in their countries.
       (b) Public Awareness and Information.--The President, 
     acting through the Secretary of Labor, the Secretary of 
     Health and Human Services, the Attorney General, and the 
     Secretary of State, shall establish and carry out programs to 
     increase public awareness, particularly among potential 
     victims of trafficking, of the dangers of trafficking and the 
     protections that are available for victims of trafficking.
       (c) Consultation Requirement.--The President shall consult 
     with appropriate nongovernmental organizations with respect 
     to the establishment and conduct of initiatives described in 
     subsections (a) and (b).

     SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF 
                   TRAFFICKING.

       (a) Assistance for Victims in Other Countries.--
       (1) In general.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, in consultation with appropriate nongovernmental 
     organizations, shall establish and carry out programs and 
     initiatives in foreign countries to assist in the safe 
     integration, reintegration, or resettlement, as appropriate, 
     of victims of trafficking. Such programs and initiatives 
     shall be designed to meet the appropriate assistance needs of 
     such persons and their children, as identified by the Task 
     Force.
       (2) Additional requirement.--In establishing and conducting 
     programs and initiatives described in paragraph (1), the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development shall take all 
     appropriate steps to enhance cooperative efforts among 
     foreign countries, including countries of origin of victims 
     of trafficking, to assist in the integration, reintegration, 
     or resettlement, as appropriate, of victims of trafficking, 
     including stateless victims.
       (b) Victims in the United States.--
       (1) Assistance.--
       (A) Eligibility for benefits and services.--Notwithstanding 
     title IV of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996, an alien who is a victim of a 
     severe form of trafficking in persons shall be eligible for 
     benefits and services under any Federal or State program or 
     activity funded or administered by any official or agency 
     described in subparagraph (B) to the same extent as an alien 
     who is admitted to the United States as a refugee under 
     section 207 of the Immigration and Nationality Act.
       (B) Requirement to expand benefits and services.--Subject 
     to subparagraph (C) and, in the case of nonentitlement 
     programs, to the availability of appropriations, the 
     Secretary of Health and Human Services, the Secretary of 
     Labor, the Board of Directors of the Legal Services 
     Corporation, and the heads of other Federal agencies shall 
     expand benefits and services to victims of severe forms of 
     trafficking in persons in the United States, without regard 
     to the immigration status of such victims.
       (C) Definition of victim of a severe form of trafficking in 
     persons.--For the purposes of this paragraph, the term 
     ``victim of a severe form of trafficking in persons'' means 
     only a person--
       (i) who has been subjected to an act or practice described 
     in section 103(8) as in effect on the date of the enactment 
     of this Act; and
       (ii)(I) who has not attained 18 years of age; or
       (II) who is the subject of a certification under 
     subparagraph (E).
       (D) Annual report.--Not later than December 31 of each 
     year, the Secretary of Health and Human Services, in 
     consultation with the Secretary of Labor, the Board of 
     Directors of the Legal Services Corporation, and the heads of 
     other appropriate Federal agencies shall submit a report, 
     which includes information on the number of persons who 
     received benefits or other services under this paragraph in 
     connection with programs or activities funded or administered 
     by such agencies or officials during the preceding fiscal 
     year, to the Committee on Ways and Means, the Committee on 
     International Relations, and the Committee on the Judiciary 
     of the House of Representatives and the Committee on Finance, 
     the Committee on Foreign Relations, and the Committee on the 
     Judiciary of the Senate.
       (E) Certification.--
       (i) In general.--Subject to clause (ii), the certification 
     referred to in subparagraph (C) is a certification by the 
     Secretary of Health and Human Services, after consultation 
     with the Attorney General, that the person referred to in 
     subparagraph (C)(ii)(II)--

       (I) is willing to assist in every reasonable way in the 
     investigation and prosecution of severe forms of trafficking 
     in persons; and
       (II)(aa) has made a bona fide application for a visa under 
     section 101(a)(15)(T) of the Immigration and Nationality Act, 
     as added by subsection (e), that has not been denied; or
       (bb) is a person whose continued presence in the United 
     States the Attorney General is ensuring in order to 
     effectuate prosecution of traffickers in persons.

       (ii) Period of effectiveness.--A certification referred to 
     in subparagraph (C), with respect to a person described in 
     clause (i)(II)(bb), shall be effective only for so long as 
     the Attorney General determines that the continued presence 
     of such person is necessary to effectuate prosecution of 
     traffickers in persons.
       (iii) Investigation and prosecution defined.--For the 
     purpose of a certification under this subparagraph, the term 
     ``investigation and prosecution'' includes--

       (I) identification of a person or persons who have 
     committed severe forms of trafficking in persons;
       (II) location and apprehension of such persons; and

       (III) testimony at proceedings against such persons.

       (2) Grants.--
       (A) In general.--Subject to the availability of 
     appropriations, the Attorney General may make grants to 
     States, Indian tribes, units of local government, and 
     nonprofit, nongovernmental victims' service organizations to 
     develop, expand, or strengthen victim service programs for 
     victims of trafficking.
       (B) Allocation of grant funds.--Of amounts made available 
     for grants under this paragraph, there shall be set aside--
       (i) three percent for research, evaluation, and statistics;
       (ii) two percent for training and technical assistance; and
       (iii) one percent for management and administration.
       (C) Limitation on federal share.--The Federal share of a 
     grant made under this paragraph may not exceed 75 percent of 
     the total costs of the projects described in the application 
     submitted.
       (c) Trafficking Victim Regulations.--Not later than 180 
     days after the date of enactment of this Act, the Attorney 
     General and the Secretary of State shall promulgate 
     regulations for law enforcement personnel, immigration 
     officials, and Department of State officials to implement the 
     following:
       (1) Protections while in custody.--Victims of severe forms 
     of trafficking, while in the custody of the Federal 
     Government and to the extent practicable, shall--
       (A) not be detained in facilities inappropriate to their 
     status as crime victims;

[[Page H8859]]

       (B) receive necessary medical care and other assistance; 
     and
       (C) be provided protection if a victim's safety is at risk 
     or if there is danger of additional harm by recapture of the 
     victim by a trafficker, including--
       (i) taking measures to protect trafficked persons and their 
     family members from intimidation and threats of reprisals and 
     reprisals from traffickers and their associates; and
       (ii) ensuring that the names and identifying information of 
     trafficked persons and their family members are not disclosed 
     to the public.
       (2) Access to information.--Victims of severe forms of 
     trafficking shall have access to information about their 
     rights and translation services.
       (3) Authority to permit continued presence in the united 
     states.--Federal law enforcement officials may permit an 
     alien individual's continued presence in the United States, 
     if after an assessment, it is determined that such individual 
     is a victim of a severe form of trafficking and a potential 
     witness to such trafficking, in order to effectuate 
     prosecution of those responsible, and such officials in 
     investigating and prosecuting traffickers shall protect the 
     safety of trafficking victims, including taking measures to 
     protect trafficked persons and their family members from 
     intimidation, threats of reprisals, and reprisals from 
     traffickers and their associates.
       (4) Training of government personnel.--Appropriate 
     personnel of the Department of State and the Department of 
     Justice shall be trained in identifying victims of severe 
     forms of trafficking and providing for the protection of such 
     victims.
       (d) Construction.--Nothing in subsection (c) shall be 
     construed as creating any private cause of action against the 
     United States or its officers or employees.
       (e) Protection From Removal for Certain Crime Victims.--
       (1) In general.--Section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
       (A) by striking ``or'' at the end of subparagraph (R);
       (B) by striking the period at the end of subparagraph (S) 
     and inserting ``; or''; and
       (C) by adding at the end the following new subparagraph:
       ``(T)(i) subject to section 214(n), an alien who the 
     Attorney General determines--
       ``(I) is or has been a victim of a severe form of 
     trafficking in persons, as defined in section 103 of the 
     Trafficking Victims Protection Act of 2000,
       ``(II) is physically present in the United States, American 
     Samoa, or the Commonwealth of the Northern Mariana Islands, 
     or at a port of entry thereto, on account of such 
     trafficking,
       ``(III)(aa) has complied with any reasonable request for 
     assistance in the investigation or prosecution of acts of 
     trafficking, or
       ``(bb) has not attained 15 years of age, and
       ``(IV) the alien would suffer extreme hardship involving 
     unusual and severe harm upon removal; and
       ``(ii) if the Attorney General considers it necessary to 
     avoid extreme hardship--
       ``(I) in the case of an alien described in clause (i) who 
     is under 21 years of age, the spouse, children, and parents 
     of such alien; and
       ``(II) in the case of an alien described in clause (i) who 
     is 21 years of age or older, the spouse and children of such 
     alien,

     if accompanying, or following to join, the alien described in 
     clause (i).''.
       (2) Conditions of nonimmigrant status.--Section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184) is amended--
       (A) by redesignating the subsection (l) added by section 
     625(a) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     3009-1820) as subsection (m); and
       (B) by adding at the end the following:
       ``(n)(1) No alien shall be eligible for admission to the 
     United States under section 101(a)(15)(T) if there is 
     substantial reason to believe that the alien has committed an 
     act of a severe form of trafficking in persons (as defined in 
     section 103 of the Trafficking Victims Protection Act of 
     2000).
       ``(2) The total number of aliens who may be issued visas or 
     otherwise provided nonimmigrant status during any fiscal year 
     under section 101(a)(15)(T) may not exceed 5,000.
       ``(3) The numerical limitation of paragraph (2) shall only 
     apply to principal aliens and not to the spouses, sons, 
     daughters, or parents of such aliens.''.
       (3) Waiver of grounds for ineligibility for admission.--
     Section 212(d) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)) is amended by adding at the end the 
     following:
       ``(13)(A) The Attorney General shall determine whether a 
     ground for inadmissibility exists with respect to a 
     nonimmigrant described in section 101(a)(15)(T).
       ``(B) In addition to any other waiver that may be available 
     under this section, in the case of a nonimmigrant described 
     in section 101(a)(15)(T), if the Attorney General considers 
     it to be in the national interest to do so, the Attorney 
     General, in the Attorney General's discretion, may waive the 
     application of--
       ``(i) paragraphs (1) and (4) of subsection (a); and
       ``(ii) any other provision of such subsection (excluding 
     paragraphs (3), (10)(C), and (10(E)) if the activities 
     rendering the alien inadmissible under the provision were 
     caused by, or were incident to, the victimization described 
     in section 101(a)(15)(T)(i)(I).''.
       (4) Duties of the attorney general with respect to ``t'' 
     visa nonimmigrants.--Section 101 of the Immigration and 
     Nationality Act (8 U.S.C. 1101) is amended by adding at the 
     end the following new subsection:
       ``(i) With respect to each nonimmigrant alien described in 
     subsection (a)(15)(T)(i)--
       ``(1) the Attorney General and other Government officials, 
     where appropriate, shall provide the alien with a referral to 
     a nongovernmental organization that would advise the alien 
     regarding the alien's options while in the United States and 
     the resources available to the alien; and
       ``(2) the Attorney General shall, during the period the 
     alien is in lawful temporary resident status under that 
     subsection, grant the alien authorization to engage in 
     employment in the United States and provide the alien with an 
     `employment authorized' endorsement or other appropriate work 
     permit.''.
       (5) Statutory construction.--Nothing in this section, or in 
     the amendments made by this section, shall be construed as 
     prohibiting the Attorney General from instituting removal 
     proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) against an alien admitted as 
     a nonimmigrant under section 101(a)(15)(T)(i) of that Act, as 
     added by subsection (e), for conduct committed after the 
     alien's admission into the United States, or for conduct or a 
     condition that was not disclosed to the Attorney General 
     prior to the alien's admission as a nonimmigrant under such 
     section 101(a)(15)(T)(i).
       (f) Adjustment to Permanent Resident Status.--Section 245 
     of such Act (8 U.S.C 1255) is amended by adding at the end 
     the following new subsection:
       ``(l)(1) If, in the opinion of the Attorney General, a 
     nonimmigrant admitted into the United States under section 
     101(a)(15)(T)(i)--
       ``(A) has been physically present in the United States for 
     a continuous period of at least 3 years since the date of 
     admission as a nonimmigrant under section 101(a)(15)(T)(i),
       ``(B) has, throughout such period, been a person of good 
     moral character, and
       ``(C)(i) has, during such period, complied with any 
     reasonable request for assistance in the investigation or 
     prosecution of acts of trafficking, or
       ``(ii) the alien would suffer extreme hardship involving 
     unusual and severe harm upon removal from the United States,

     the Attorney General may adjust the status of the alien (and 
     any person admitted under that section as the spouse, parent, 
     or child of the alien) to that of an alien lawfully admitted 
     for permanent residence.
       ``(2) Paragraph (1) shall not apply to an alien admitted 
     under section 101(a)(15)(T) who is inadmissible to the United 
     States by reason of a ground that has not been waived under 
     section 212, except that, if the Attorney General considers 
     it to be in the national interest to do so, the Attorney 
     General, in the Attorney General's discretion, may waive the 
     application of--
       ``(A) paragraphs (1) and (4) of section 212(a); and
       ``(B) any other provision of such section (excluding 
     paragraphs (3), (10)(C), and (10(E)), if the activities 
     rendering the alien inadmissible under the provision were 
     caused by, or were incident to, the victimization described 
     in section 101(a)(15)(T)(i)(I).
       ``(2) An alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under paragraph (1)(A) if the alien has departed from the 
     United States for any period in excess of 90 days or for any 
     periods in the aggregate exceeding 180 days.
       ``(3)(A) The total number of aliens whose status may be 
     adjusted under paragraph (1) during any fiscal year may not 
     exceed 5,000.
       ``(B) The numerical limitation of subparagraph (A) shall 
     only apply to principal aliens and not to the spouses, sons, 
     daughters, or parents of such aliens.
       ``(4) Upon the approval of adjustment of status under 
     paragraph (1), the Attorney General shall record the alien's 
     lawful admission for permanent residence as of the date of 
     such approval.''.
       (g) Annual Reports.--On or before October 31 of each year, 
     the Attorney General shall submit a report to the appropriate 
     congressional committees setting forth, with respect to the 
     preceding fiscal year, the number, if any, of otherwise 
     eligible applicants who did not receive visas under section 
     101(a)(15)(T) of the Immigration and Nationality Act, as 
     added by subsection (e), or who were unable to adjust their 
     status under section 245(l) of such Act, solely on account of 
     the unavailability of visas due to a limitation imposed by 
     section 214(n)(1) or 245(l)(4)(A) of such Act.

     SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF 
                   TRAFFICKING.

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

[[Page H8860]]

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

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

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

     ``SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM 
                   STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

       ``(a) Authorization.--The President is authorized to 
     provide assistance to foreign countries directly, or through 
     nongovernmental and multilateral organizations, for programs, 
     projects, and activities designed to meet the minimum 
     standards for the elimination of trafficking (as defined in 
     section 103 of the Trafficking Victims Protection Act of 
     2000), including--
       ``(1) the drafting of laws to prohibit and punish acts of 
     trafficking;
       ``(2) the investigation and prosecution of traffickers;
       ``(3) the creation and maintenance of facilities, programs, 
     projects, and activities for the protection of victims; and
       ``(4) the expansion of exchange programs and international 
     visitor programs for governmental and nongovernmental 
     personnel to combat trafficking.
       ``(b) Funding.--Amounts made available to carry out the 
     other provisions of this part (including chapter 4 of part II 
     of this Act) and the Support for East European Democracy 
     (SEED) Act of 1989 shall be made available to carry out this 
     section.''.

     SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
                   STANDARDS.

       (a) Statement of Policy.--It is the policy of the United 
     States not to provide nonhumanitarian, nontrade-related 
     foreign assistance to any government that--
       (1) does not comply with minimum standards for the 
     elimination of trafficking; and
       (2) is not making significant efforts to bring itself into 
     compliance with such standards.
       (b) Reports to Congress.--
       (1) Annual report.--Not later than June 1 of each year, the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report with respect to the status 
     of severe forms of trafficking in persons that shall 
     include--
       (A) a list of those countries, if any, to which the minimum 
     standards for the elimination of trafficking are applicable 
     and whose governments fully comply with such standards;
       (B) a list of those countries, if any, to which the minimum 
     standards for the elimination of trafficking are applicable 
     and whose governments do not yet fully comply with such 
     standards but are making significant efforts to bring 
     themselves into compliance; and
       (C) a list of those countries, if any, to which the minimum 
     standards for the elimination of trafficking are applicable 
     and whose governments do not fully comply with such standards 
     and are not making significant efforts to bring themselves 
     into compliance.
       (2) Interim reports.--In addition to the annual report 
     under paragraph (1), the Secretary of State may submit to the 
     appropriate congressional committees at any time one or more 
     interim reports with respect to the status of severe forms of 
     trafficking in persons, including information about countries 
     whose governments--
       (A) have come into or out of compliance with the minimum 
     standards for the elimination of trafficking; or
       (B) have begun or ceased to make significant efforts to 
     bring themselves into compliance,
     since the transmission of the last annual report.
       (3) Significant efforts.--In determinations under paragraph 
     (1) or (2) as to whether the government of a country is 
     making significant efforts to bring itself into compliance 
     with the minimum standards for the elimination of 
     trafficking, the Secretary of State shall consider--
       (A) the extent to which the country is a country of origin, 
     transit, or destination for severe forms of trafficking;
       (B) the extent of noncompliance with the minimum standards 
     by the government and, particularly, the extent to which 
     officials or employees of the government have participated 
     in, facilitated, condoned, or are otherwise complicit in 
     severe forms of trafficking; and
       (C) what measures are reasonable to bring the government 
     into compliance with the minimum standards in light of the 
     resources and capabilities of the government.
       (c) Notification.--Not less than 45 days or more than 90 
     days after the submission, on or after January 1, 2003, of an 
     annual report under subsection (b)(1), or an interim report 
     under subsection (b)(2), the President shall submit to the 
     appropriate congressional committees a notification of one of 
     the determinations listed in subsection (d) with respect to 
     each foreign country whose government, according to such 
     report--
       (A) does not comply with the minimum standards for the 
     elimination of trafficking; and
       (B) is not making significant efforts to bring itself into 
     compliance, as described in subsection (b)(1)(C).
       (d) Presidential Determinations.--The determinations 
     referred to in subsection (c) are the following:
       (1) Withholding of nonhumanitarian, nontrade-related 
     assistance.--The President has determined that--
       (A)(i) the United States will not provide nonhumanitarian, 
     nontrade-related foreign assistance to the government of the 
     country for the subsequent fiscal year until such government 
     complies with the minimum standards or makes significant 
     efforts to bring itself into compliance; or
       (ii) in the case of a country whose government received no 
     nonhumanitarian, nontrade-related foreign assistance from the 
     United States during the previous fiscal year, the United 
     States will not provide funding for participation by 
     officials or employees of such governments in educational and 
     cultural exchange programs for the subsequent fiscal year 
     until such government complies with the minimum standards or 
     makes significant efforts to bring itself into compliance; 
     and
       (B) the President will instruct the United States Executive 
     Director of each multilateral development bank and of the 
     International Monetary Fund to vote against, and to use the 
     Executive Director's best efforts to deny, any loan or other 
     utilization of the funds of the respective institution to 
     that country (other than for humanitarian assistance, for 
     trade-related assistance, or for development assistance which 
     directly addresses basic human needs, is not administered by 
     the government of the sanctioned country, and confers no 
     benefit to that government) for the subsequent fiscal year 
     until such government complies with the minimum standards or 
     makes significant efforts to bring itself into compliance.
       (2) Ongoing, multiple, broad-based restrictions on 
     assistance in response to human rights violations.--The 
     President has determined that such country is already subject 
     to multiple, broad-based restrictions on assistance imposed 
     in significant part in response to human rights abuses and 
     such restrictions are ongoing and are comparable to the 
     restrictions provided in paragraph (1). Such determination 
     shall be accompanied by a description of the specific 
     restriction or restrictions that were the basis for making 
     such determination.
       (3) Subsequent compliance.--The Secretary of State has 
     determined that the government of the country has come into 
     compliance with the minimum standards or is making 
     significant efforts to bring itself into compliance.
       (4) Continuation of assistance in the national interest.--
     Notwithstanding the failure of the government of the country 
     to comply with minimum standards for the elimination of 
     trafficking and to make significant efforts to bring itself 
     into compliance, the President has determined that the 
     provision to the country of nonhumanitarian, nontrade-related 
     foreign assistance, or the multilateral assistance described 
     in paragraph (1)(B), or both, would promote the purposes of 
     this division or is otherwise in the national interest of the 
     United States.
       (5) Exercise of waiver authority.--
       (A) In general.--The President may exercise the authority 
     under paragraph (4) with respect to--
       (i) all nonhumanitarian, nontrade-related foreign 
     assistance to a country;
       (ii) all multilateral assistance described in paragraph 
     (1)(B) to a country; or
       (iii) one or more programs, projects, or activities of such 
     assistance.
       (B) Avoidance of significant adverse effects.--The 
     President shall exercise the authority under paragraph (4) 
     when necessary to avoid significant adverse effects on 
     vulnerable populations, including women and children.
       (6) Definition of multilateral development bank.--In this 
     subsection, the term ``multilateral development bank'' refers 
     to any of the following institutions: the International Bank 
     for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Inter-American Development Bank, the Asian 
     Development Bank, the Inter-American Investment Corporation, 
     the African Development Bank, the African Development Fund, 
     the European Bank for

[[Page H8861]]

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

     SEC. 111. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.

       (a) Authority To Sanction Significant Traffickers in 
     Persons.--
       (1) In general.--The President may exercise the authorities 
     set forth in section 203 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) without regard to 
     section 202 of that Act (50 U.S.C. 1701) in the case of any 
     of the following persons:
       (A) Any foreign person that plays a significant role in a 
     severe form of trafficking in persons, directly or indirectly 
     in the United States.
       (B) Foreign persons that materially assist in, or provide 
     financial or technological support for or to, or provide 
     goods or services in support of, activities of a significant 
     foreign trafficker in persons identified pursuant to 
     subparagraph (A).
       (C) Foreign persons that are owned, controlled, or directed 
     by, or acting for or on behalf of, a significant foreign 
     trafficker identified pursuant to subparagraph (A).
       (2) Penalties.--The penalties set forth in section 206 of 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1705) apply to violations of any license, order, or 
     regulation issued under this section.
       (b) Report to Congress on Identification and Sanctioning of 
     Significant Traffickers in Persons.--
       (1) In general.--Upon exercising the authority of 
     subsection (a), the President shall report to the appropriate 
     congressional committees--
       (A) identifying publicly the foreign persons that the 
     President determines are appropriate for sanctions pursuant 
     to this section and the basis for such determination; and
       (B) detailing publicly the sanctions imposed pursuant to 
     this section.
       (2) Removal of sanctions.--Upon suspending or terminating 
     any action imposed under the authority of subsection (a), the 
     President shall report to the committees described in 
     paragraph (1) on such suspension or termination.
       (3) Submission of classified information.--Reports 
     submitted under this subsection may include an annex with 
     classified information regarding the basis for the 
     determination made by the President under paragraph (1)(A).
       (c) Law Enforcement and Intelligence Activities Not 
     Affected.--Nothing in this section prohibits or otherwise 
     limits the authorized law enforcement or intelligence 
     activities of the United States, or the law enforcement 
     activities of any State or subdivision thereof.
       (d) Exclusion of Persons Who Have Benefited From Illicit 
     Activities of Traffickers in Persons.--Section 212(a)(2) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is 
     amended by inserting at the end the following new 
     subparagraph:
       ``(H) Significant traffickers in persons.--
       ``(i) In general.--Any alien who is listed in a report 
     submitted pursuant to section 111(b) of the Trafficking 
     Victims Protection Act of 2000, or who the consular officer 
     or the Attorney General knows or has reason to believe is or 
     has been a knowing aider, abettor, assister, conspirator, or 
     colluder with such a trafficker in severe forms of 
     trafficking in persons, as defined in the section 103 of such 
     Act, is inadmissible.
       ``(ii) Beneficiaries of trafficking.--Except as provided in 
     clause (iii), any alien who the consular officer or the 
     Attorney General knows or has reason to believe is the 
     spouse, son, or daughter of an alien inadmissible under 
     clause (i), has, within the previous 5 years, obtained any 
     financial or other benefit from the illicit activity of that 
     alien, and knew or reasonably should have known that the 
     financial or other benefit was the product of such illicit 
     activity, is inadmissible.
       ``(iii) Exception for certain sons and daughters.--Clause 
     (ii) shall not apply to a son or daughter who was a child at 
     the time he or she received the benefit described in such 
     clause.''.
       (e) Implementation.--
       (1) Delegation of authority.--The President may delegate 
     any authority granted by this section, including the 
     authority to designate foreign persons under paragraphs 
     (1)(B) and (1)(C) of subsection (a).
       (2) Promulgation of rules and regulations.--The head of any 
     agency, including the Secretary of Treasury, is authorized to 
     take such actions as may be necessary to carry out any 
     authority delegated by the President pursuant to paragraph 
     (1), including promulgating rules and regulations.
       (3) Opportunity for review.--Such rules and regulations 
     shall include procedures affording an opportunity for a 
     person to be heard in an expeditious manner, either in person 
     or through a representative, for the purpose of seeking 
     changes to or termination of any determination, order, 
     designation or other action associated with the exercise of 
     the authority in subsection (a).
       (f) Definition of Foreign Persons.--In this section, the 
     term ``foreign person'' means any citizen or national of a 
     foreign state or any entity not organized under the laws of 
     the United States, including a foreign government official, 
     but does not include a foreign state.
       (g) Construction.--Nothing in this section shall be 
     construed as precluding judicial review of the exercise of 
     the authority described in subsection (a).

     SEC. 112. STRENGTHENING PROSECUTION AND PUNISHMENT OF 
                   TRAFFICKERS.

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

     ``Sec. 1589. Forced labor

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

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

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

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

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

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

     knowing that force, fraud, or coercion described in 
     subsection (c)(2) will be used to cause the person to engage 
     in a commercial sex act, or that the person has not attained 
     the age of 18 years and will be caused to engage in a 
     commercial sex act, shall be punished as provided in 
     subsection (b).
       ``(b) The punishment for an offense under subsection (a) 
     is--
       ``(1) if the offense was effected by force, fraud, or 
     coercion or if the person transported had not attained the 
     age of 14 years at the time of such offense, by a fine under 
     this title or imprisonment for any term of years or for life, 
     or both; or
       ``(2) if the offense was not so effected, and the person 
     transported had attained the age of 14 years but had not 
     attained the age of 18 years at the time of such offense, by 
     a fine under this title or imprisonment for not more than 20 
     years, or both.
       ``(c) In this section:
       ``(1) The term `commercial sex act' means any sex act, on 
     account of which anything of value is given to or received by 
     any person.''
       ``(2) The term `coercion' means--
       ``(A) threats of serious harm to or physical restraint 
     against any person;
       ``(B) any scheme, plan, or pattern intended to cause a 
     person to believe that failure to perform an act would result 
     in serious harm to or physical restraint against any person; 
     or
       ``(C) the abuse or threatened abuse of law or the legal 
     process.
       ``(3) The term `venture' means any group of 2 or more 
     individuals associated in fact, whether or not a legal 
     entity.

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

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

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

[[Page H8862]]

     ``Sec. 1593. Mandatory restitution

       ``(a) Notwithstanding sections 3663 or 3663A, and in 
     addition to any other civil or criminal penalties authorized 
     by law, the court shall order restitution for any offense 
     under this chapter.
       ``(b)(1) The order of restitution under this section shall 
     direct the defendant to pay the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses, as determined by the court under paragraph (3) of 
     this subsection.
       ``(2) An order of restitution under this section shall be 
     issued and enforced in accordance with section 3664 in the 
     same manner as an order under section 3663A.
       ``(3) As used in this subsection, the term `full amount of 
     the victim's losses' has the same meaning as provided in 
     section 2259(b)(3) and shall in addition include the greater 
     of the gross income or value to the defendant of the victim's 
     services or labor or the value of the victim's labor as 
     guaranteed under the minimum wage and overtime guarantees of 
     the Fair Labor Standards Act (29 U.S.C. 201, et seq.).
       ``(c) As used in this section, the term `victim' means the 
     individual harmed as a result of a crime under this chapter, 
     including, in the case of a victim who is under 18 years of 
     age, incompetent, incapacitated, or deceased, the legal 
     guardian of the victim or a representative of the victim's 
     estate, or another family member, or any other person 
     appointed as suitable by the court, but in no event shall the 
     defendant be named such representative or guardian.

     ``Sec. 1594. General provisions

       ``(a) Whoever attempts to violate section 1581, 1583, 1584, 
     1589, 1590, or 1591 shall be punishable in the same manner as 
     a completed violation of that section.
       ``(b) The court, in imposing sentence on any person 
     convicted of a violation of this chapter, shall order, in 
     addition to any other sentence imposed and irrespective of 
     any provision of State law, that such person shall forfeit to 
     the United States--
       ``(1) such person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of such violation; and
       ``(2) any property, real or personal, constituting or 
     derived from, any proceeds that such person obtained, 
     directly or indirectly, as a result of such violation.
       ``(c)(1) The following shall be subject to forfeiture to 
     the United States and no property right shall exist in them:
       ``(A) Any property, real or personal, used or intended to 
     be used to commit or to facilitate the commission of any 
     violation of this chapter.
       ``(B) Any property, real or personal, which constitutes or 
     is derived from proceeds traceable to any violation of this 
     chapter.
       ``(2) The provisions of chapter 46 of this title relating 
     to civil forfeitures shall extend to any seizure or civil 
     forfeiture under this subsection.
       ``(d) Witness Protection.--Any violation of this chapter 
     shall be considered an organized criminal activity or other 
     serious offense for the purposes of application of chapter 
     224 (relating to witness protection).''; and
       (3) by amending the table of sections at the beginning of 
     chapter 77 by adding at the end the following new items:

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

       (b) Amendment to the Sentencing Guidelines.--
       (1) Pursuant to its authority under section 994 of title 
     28, United States Code, and in accordance with this section, 
     the United States Sentencing Commission shall review and, if 
     appropriate, amend the sentencing guidelines and policy 
     statements applicable to persons convicted of offenses 
     involving the trafficking of persons including component or 
     related crimes of peonage, involuntary servitude, slave trade 
     offenses, and possession, transfer or sale of false 
     immigration documents in furtherance of trafficking, and the 
     Fair Labor Standards Act and the Migrant and Seasonal 
     Agricultural Worker Protection Act.
       (2) In carrying out this subsection, the Sentencing 
     Commission shall--
       (A) take all appropriate measures to ensure that these 
     sentencing guidelines and policy statements applicable to the 
     offenses described in paragraph (1) of this subsection are 
     sufficiently stringent to deter and adequately reflect the 
     heinous nature of such offenses;
       (B) consider conforming the sentencing guidelines 
     applicable to offenses involving trafficking in persons to 
     the guidelines applicable to peonage, involuntary servitude, 
     and slave trade offenses; and
       (C) consider providing sentencing enhancements for those 
     convicted of the offenses described in paragraph (1) of this 
     subsection that--
       (i) involve a large number of victims;
       (ii) involve a pattern of continued and flagrant 
     violations;
       (iii) involve the use or threatened use of a dangerous 
     weapon; or
       (iv) result in the death or bodily injury of any person.
       (3) The Commission may promulgate the guidelines or 
     amendments under this subsection in accordance with the 
     procedures set forth in section 21(a) of the Sentencing Act 
     of 1987, as though the authority under that Act had not 
     expired.

     SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Authorization of Appropriations in Support of the Task 
     Force.--To carry out the purposes of sections 104, 105, and 
     110, there are authorized to be appropriated to the Secretary 
     of State $1,500,000 for fiscal year 2001 and $3,000,000 for 
     fiscal year 2002.
       (b) Authorization of Appropriations to the Secretary of 
     Health and Human Services.--To carry out the purposes of 
     section 107(b), there are authorized to be appropriated to 
     the Secretary of Health and Human Services $5,000,000 for 
     fiscal year 2001 and $10,000,000 for fiscal year 2002.
       (c) Authorization of Appropriations to the Secretary of 
     State.--
       (1) Assistance for victims in other countries.--To carry 
     out the purposes of section 107(a), there are authorized to 
     be appropriated to the Secretary of State $5,000,000 for 
     fiscal year 2001 and $10,000,000 for fiscal year 2002.
       (2) Voluntary contributions to osce.--To carry out the 
     purposes of section 109, there are authorized to be 
     appropriated to the Secretary of State $300,000 for voluntary 
     contributions to advance projects aimed at preventing 
     trafficking, promoting respect for human rights of 
     trafficking victims, and assisting the Organization for 
     Security and Cooperation in Europe participating states in 
     related legal reform for fiscal year 2001.
       (3) Preparation of annual country reports on human 
     rights.--To carry out the purposes of section 104, there are 
     authorized to be appropriated to the Secretary of State such 
     sums as may be necessary to include the additional 
     information required by that section in the annual Country 
     Reports on Human Rights Practices, including the preparation 
     and publication of the list described in subsection (a)(1) of 
     that section.
       (d) Authorization of Appropriations to Attorney General.--
     To carry out the purposes of section 107(b), there are 
     authorized to be appropriated to the Attorney General 
     $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal 
     year 2002.
       (e) Authorization of Appropriations to President.--
       (1) Foreign victim assistance.--To carry out the purposes 
     of section 106, there are authorized to be appropriated to 
     the President $5,000,000 for fiscal year 2001 and $10,000,000 
     for fiscal year 2002.
       (2) Assistance to foreign countries to meet minimum 
     standards.--To carry out the purposes of section 109, there 
     are authorized to be appropriated to the President $5,000,000 
     for fiscal year 2001 and $10,000,000 for fiscal year 2002.
       (f) Authorization of Appropriations to the Secretary of 
     Labor.--To carry out the purposes of section 107(b), there 
     are authorized to be appropriated to the Secretary of Labor 
     $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal 
     year 2002.
             DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000

     SEC. 1001. SHORT TITLE.

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

     SEC. 1002. DEFINITIONS.

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

     SEC. 1003. ACCOUNTABILITY AND OVERSIGHT.

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

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

       (a) In General.--Part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et 
     seq.) is amended--
       (1) in the heading, by adding ``AND ENFORCEMENT OF 
     PROTECTION ORDERS'' at the end;
       (2) in section 2101(b)--
       (A) in paragraph (6), by inserting ``(including juvenile 
     courts)'' after ``courts''; and
       (B) by adding at the end the following:
       ``(7) To provide technical assistance and computer and 
     other equipment to police departments, prosecutors, courts, 
     and tribal jurisdictions to facilitate the widespread 
     enforcement of protection orders, including interstate 
     enforcement, enforcement between States and tribal 
     jurisdictions, and enforcement between tribal 
     jurisdictions.''; and
       (3) in section 2102--
       (A) in subsection (b)--
       (i) in paragraph (1), by striking ``and'' at the end;
       (ii) in paragraph (2), by striking the period at the end 
     and inserting ``, including the enforcement of protection 
     orders from other States and

[[Page H8863]]

     jurisdictions (including tribal jurisdictions);''; and
       (iii) by adding at the end the following:
       ``(3) have established cooperative agreements or can 
     demonstrate effective ongoing collaborative arrangements with 
     neighboring jurisdictions to facilitate the enforcement of 
     protection orders from other States and jurisdictions 
     (including tribal jurisdictions); and
       ``(4) in applications describing plans to further the 
     purposes stated in paragraph (4) or (7) of section 2101(b), 
     will give priority to using the grant to develop and install 
     data collection and communication systems, including 
     computerized systems, and training on how to use these 
     systems effectively to link police, prosecutors, courts, and 
     tribal jurisdictions for the purpose of identifying and 
     tracking protection orders and violations of protection 
     orders, in those jurisdictions where such systems do not 
     exist or are not fully effective.''; and
       (B) by adding at the end the following:
       ``(c) Dissemination of Information.--The Attorney General 
     shall annually compile and broadly disseminate (including 
     through electronic publication) information about successful 
     data collection and communication systems that meet the 
     purposes described in this section. Such dissemination shall 
     target States, State and local courts, Indian tribal 
     governments, and units of local government.''.
       (b) Protection Orders.--
       (1) Filing costs.--Section 2006 of part T of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-5) is amended--
       (A) in the heading, by striking ``FILING'' and inserting 
     ``AND PROTECTION ORDERS'' after ``CHARGES'';
       (B) in subsection (a)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) certifies that its laws, policies, and practices do 
     not require, in connection with the prosecution of any 
     misdemeanor or felony domestic violence offense, or in 
     connection with the filing, issuance, registration, or 
     service of a protection order, or a petition for a protection 
     order, to protect a victim of domestic violence, stalking, or 
     sexual assault, that the victim bear the costs associated 
     with the filing of criminal charges against the offender, or 
     the costs associated with the filing, issuance, registration, 
     or service of a warrant, protection order, petition for a 
     protection order, or witness subpoena, whether issued inside 
     or outside the State, tribal, or local jurisdiction; or''; 
     and
       (ii) in paragraph (2)(B), by striking ``2 years'' and 
     inserting ``2 years after the date of enactment of the 
     Violence Against Women Act of 2000''; and
       (C) by adding at the end the following:
       ``(c) Definition.--In this section, the term `protection 
     order' has the meaning given the term in section 2266 of 
     title 18, United States Code.''.
       (2) Eligibility for grants to encourage arrest policies.--
     Section 2101 of part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is 
     amended--
       (A) in subsection (c), by striking paragraph (4) and 
     inserting the following:
       ``(4) certify that their laws, policies, and practices do 
     not require, in connection with the prosecution of any 
     misdemeanor or felony domestic violence offense, or in 
     connection with the filing, issuance, registration, or 
     service of a protection order, or a petition for a protection 
     order, to protect a victim of domestic violence, stalking, or 
     sexual assault, that the victim bear the costs associated 
     with the filing of criminal charges against the offender, or 
     the costs associated with the filing, issuance, registration, 
     or service of a warrant, protection order, petition for a 
     protection order, or witness subpoena, whether issued inside 
     or outside the State, tribal, or local jurisdiction.''; and
       (B) by adding at the end the following:
       ``(d) Definition.--In this section, the term `protection 
     order' has the meaning given the term in section 2266 of 
     title 18, United States Code.''.
       (3) Application for grants to encourage arrest policies.--
     Section 2102(a)(1)(B) of part U of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
     1(a)(1)(B)) is amended by inserting before the semicolon the 
     following: ``or, in the case of the condition set forth in 
     subsection 2101(c)(4), the expiration of the 2-year period 
     beginning on the date of enactment of the Violence Against 
     Women Act of 2000''.
       (4) Registration for protection orders.--Section 2265 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(d) Notification and Registration.--
       ``(1) Notification.--A State or Indian tribe according full 
     faith and credit to an order by a court of another State or 
     Indian tribe shall not notify or require notification of the 
     party against whom a protection order has been issued that 
     the protection order has been registered or filed in that 
     enforcing State or tribal jurisdiction unless requested to do 
     so by the party protected under such order.
       ``(2) No prior registration or filing as prerequisite for 
     enforcement.--Any protection order that is otherwise 
     consistent with this section shall be accorded full faith and 
     credit, notwithstanding failure to comply with any 
     requirement that the order be registered or filed in the 
     enforcing State or tribal jurisdiction.
       ``(e) Tribal Court Jurisdiction.--For purposes of this 
     section, a tribal court shall have full civil jurisdiction to 
     enforce protection orders, including authority to enforce any 
     orders through civil contempt proceedings, exclusion of 
     violators from Indian lands, and other appropriate 
     mechanisms, in matters arising within the authority of the 
     tribe.''.
       (c) Technical Amendment.--The table of contents for title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended in the item relating to part 
     U, by adding ``and Enforcement of Protection Orders'' at the 
     end.

     SEC. 1102. ROLE OF COURTS.

       (a) Courts as Eligible STOP Subgrantees.--Part T of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796gg et seq.) is amended--
       (1) in section 2001--
       (A) in subsection (a), by striking ``Indian tribal 
     governments,'' and inserting ``State and local courts 
     (including juvenile courts), Indian tribal governments, 
     tribal courts,''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``, judges, other court 
     personnel,'' after ``law enforcement officers'';
       (ii) in paragraph (2), by inserting ``, judges, other court 
     personnel,'' after ``law enforcement officers''; and
       (iii) in paragraph (3), by inserting ``, court,'' after 
     ``police''; and
       (2) in section 2002--
       (A) in subsection (a), by inserting ``State and local 
     courts (including juvenile courts),'' after ``States,'' the 
     second place it appears;
       (B) in subsection (c), by striking paragraph (3) and 
     inserting the following:
       ``(3) of the amount granted--
       ``(A) not less than 25 percent shall be allocated to police 
     and not less than 25 percent shall be allocated to 
     prosecutors;
       ``(B) not less than 30 percent shall be allocated to victim 
     services; and
       ``(C) not less than 5 percent shall be allocated for State 
     and local courts (including juvenile courts); and''; and
       (C) in subsection (d)(1), by inserting ``court,'' after 
     ``law enforcement,''.
       (b) Eligible Grantees; Use of Grants for Education.--
     Section 2101 of part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is 
     amended--
       (1) in subsection (a), by inserting ``State and local 
     courts (including juvenile courts), tribal courts,'' after 
     ``Indian tribal governments,'';
       (2) in subsection (b)--
       (A) by inserting ``State and local courts (including 
     juvenile courts),'' after ``Indian tribal governments'';
       (B) in paragraph (2), by striking ``policies and'' and 
     inserting ``policies, educational programs, and'';
       (C) in paragraph (3), by inserting ``parole and probation 
     officers,'' after ``prosecutors,''; and
       (D) in paragraph (4), by inserting ``parole and probation 
     officers,'' after ``prosecutors,'';
       (3) in subsection (c), by inserting ``State and local 
     courts (including juvenile courts),'' after ``Indian tribal 
     governments''; and
       (4) by adding at the end the following:
       ``(e) Allotment for Indian Tribes.--Not less than 5 percent 
     of the total amount made available for grants under this 
     section for each fiscal year shall be available for grants to 
     Indian tribal governments.''.

     SEC. 1103. REAUTHORIZATION OF STOP GRANTS.

       (a) Reauthorization.--Section 1001(a) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(a)) is amended by striking paragraph (18) and inserting 
     the following:
       ``(18) There is authorized to be appropriated to carry out 
     part T $185,000,000 for each of fiscal years 2001 through 
     2005.''.
       (b) Grant Purposes.--Part T of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
     seq.) is amended--
       (1) in section 2001--
       (A) in subsection (b)--
       (i) in paragraph (5), by striking ``racial, cultural, 
     ethnic, and language minorities'' and inserting ``underserved 
     populations'';
       (ii) in paragraph (6), by striking ``and'' at the end;
       (iii) in paragraph (7), by striking the period at the end 
     and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(8) supporting formal and informal statewide, 
     multidisciplinary efforts, to the extent not supported by 
     State funds, to coordinate the response of State law 
     enforcement agencies, prosecutors, courts, victim services 
     agencies, and other State agencies and departments, to 
     violent crimes against women, including the crimes of sexual 
     assault, domestic violence, and dating violence;
       ``(9) training of sexual assault forensic medical personnel 
     examiners in the collection and preservation of evidence, 
     analysis, prevention, and providing expert testimony and 
     treatment of trauma related to sexual assault;''; and
       (B) by adding at the end the following:
       ``(c) State Coalition Grants.--
       ``(1) Purpose.--The Attorney General shall award grants to 
     each State domestic violence coalition and sexual assault 
     coalition for the purposes of coordinating State victim 
     services activities, and collaborating and coordinating with 
     Federal, State, and local entities engaged in violence 
     against women activities.
       ``(2) Grants to state coalitions.--The Attorney General 
     shall award grants to--
       ``(A) each State domestic violence coalition, as determined 
     by the Secretary of Health and Human Services through the 
     Family Violence Prevention and Services Act (42 U.S.C. 10410 
     et seq.); and
       ``(B) each State sexual assault coalition, as determined by 
     the Center for Injury Prevention and Control of the Centers 
     for Disease Control and Prevention under the Public Health 
     Service Act (42 U.S.C. 280b et seq.).
       ``(3) Eligibility for other grants.--Receipt of an award 
     under this subsection by each State domestic violence and 
     sexual assault coalition shall not preclude the coalition 
     from receiving additional grants under this part to carry out 
     the purposes described in subsection (b).'';
       (2) in section 2002(b)--

[[Page H8864]]

       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (5) and (6), respectively;
       (B) in paragraph (1), by striking ``4 percent'' and 
     inserting ``5 percent'';
       (C) in paragraph (5), as redesignated, by striking 
     ``$500,000'' and inserting ``$600,000''; and
       (D) by inserting after paragraph (1) the following:
       ``(2) 2.5 percent shall be available for grants for State 
     domestic violence coalitions under section 2001(c), with the 
     coalition for each State, the coalition for the District of 
     Columbia, the coalition for the Commonwealth of Puerto Rico, 
     and the coalition for the combined Territories of the United 
     States, each receiving an amount equal to \1/54\ of the total 
     amount made available under this paragraph for each fiscal 
     year;
       ``(3) 2.5 percent shall be available for grants for State 
     sexual assault coalitions under section 2001(c), with the 
     coalition for each State, the coalition for the District of 
     Columbia, the coalition for the Commonwealth of Puerto Rico, 
     and the coalition for the combined Territories of the United 
     States, each receiving an amount equal to \1/54\ of the total 
     amount made available under this paragraph for each fiscal 
     year;
       ``(4) \1/54\ shall be available for the development and 
     operation of nonprofit tribal domestic violence and sexual 
     assault coalitions in Indian country;'';
       (3) in section 2003, by striking paragraph (7) and 
     inserting the following:
       ``(7) the term `underserved populations' includes 
     populations underserved because of geographic location (such 
     as rural isolation), underserved racial and ethnic 
     populations, populations underserved because of special needs 
     (such as language barriers, disabilities, alienage status, or 
     age), and any other population determined to be underserved 
     by the State planning process in consultation with the 
     Attorney General;'' and
       (4) in section 2004(b)(3), by inserting ``, and the 
     membership of persons served in any underserved population'' 
     before the semicolon.

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

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

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

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

     SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

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

     ``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

     ``Sec. 2261A. Interstate stalking

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

     uses the mail or any facility of interstate or foreign 
     commerce to engage in a course of conduct that places that 
     person in reasonable fear of the death of, or serious bodily 
     injury to, any of the persons described in clauses (i) 
     through (iii);

     shall be punished as provided in section 2261(b).''.
       (2) Amendment of federal sentencing guidelines.--
       (A) In general.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall amend the Federal Sentencing 
     Guidelines to reflect the amendment made by this subsection.
       (B) Factors for consideration.--In carrying out 
     subparagraph (A), the Commission shall consider--
       (i) whether the Federal Sentencing Guidelines relating to 
     stalking offenses should be modified in light of the 
     amendment made by this subsection; and
       (ii) whether any changes the Commission may make to the 
     Federal Sentencing Guidelines pursuant to clause (i) should 
     also be made with respect to offenses under chapter 110A of 
     title 18, United States Code.
       (c) Interstate Violation of Protection Order.--Section 2262 
     of title 18, United States Code, is amended by striking 
     subsection (a) and inserting the following:
       ``(a) Offenses.--
       ``(1) Travel or conduct of offender.--A person who travels 
     in interstate or foreign commerce, or enters or leaves Indian 
     country, with the intent to engage in conduct that violates 
     the portion of a protection order that prohibits or provides 
     protection against violence, threats, or harassment against, 
     contact or communication with, or physical proximity to, 
     another person, or that would violate such a portion of a 
     protection order in the jurisdiction in which the order was 
     issued, and subsequently engages in such conduct, shall be 
     punished as provided in subsection (b).
       ``(2) Causing travel of victim.--A person who causes 
     another person to travel in interstate or foreign commerce or 
     to enter or leave Indian country by force, coercion, duress, 
     or fraud, and in the course of, as a result of, or to 
     facilitate such conduct or travel engages in conduct that 
     violates the portion of a protection order that prohibits or 
     provides protection against violence, threats, or harassment 
     against, contact or communication with, or physical proximity 
     to, another person, or that would violate such a portion of a 
     protection order in the jurisdiction in which the order was 
     issued, shall be punished as provided in subsection (b).''.
       (d) Definitions.--Section 2266 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 2266. Definitions

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

[[Page H8865]]

       ``(9) Travel in interstate or foreign commerce.--The term 
     `travel in interstate or foreign commerce' does not include 
     travel from 1 State to another by an individual who is a 
     member of an Indian tribe and who remains at all times in the 
     territory of the Indian tribe of which the individual is a 
     member.''.

     SEC. 1108. SCHOOL AND CAMPUS SECURITY.

       (a) Grants To Reduce Violent Crimes Against Women on 
     Campus.--Section 826 of the Higher Education Amendments of 
     1998 (20 U.S.C. 1152) is amended--
       (1) in paragraphs (2), (6), (7), and (9) of subsection (b), 
     by striking ``and domestic violence'' and inserting 
     ``domestic violence, and dating violence'';
       (2) in subsection (c)(2)(B), by striking ``and domestic 
     violence'' and inserting ``, domestic violence and dating 
     violence'';
       (3) in subsection (f)--
       (A) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (3), and (4), respectively;
       (B) by inserting before paragraph (2) (as redesignated by 
     subparagraph (A)) the following:
       ``(1) the term `dating violence' means violence committed 
     by a person--
       ``(A) who is or has been in a social relationship of a 
     romantic or intimate nature with the victim; and
       ``(B) where the existence of such a relationship shall be 
     determined based on a consideration of the following factors:
       ``(i) the length of the relationship;
       ``(ii) the type of relationship; and
       ``(iii) the frequency of interaction between the persons 
     involved in the relationship.'';
       (C) in paragraph (2) (as redesignated by subparagraph (A)), 
     by inserting ``, dating'' after ``domestic'' each place the 
     term appears; and
       (D) in paragraph (4) (as redesignated by subparagraph 
     (A))--
       (i) by inserting ``or a public, nonprofit organization 
     acting in a nongovernmental capacity'' after 
     ``organization'';
       (ii) by inserting ``, dating violence'' after ``assists 
     domestic violence'';
       (iii) by striking ``or domestic violence'' and inserting 
     ``, domestic violence or dating violence''; and
       (iv) by inserting ``dating violence,'' before 
     ``stalking,''; and
       (4) in subsection (g), by striking ``fiscal year 1999 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years'' and inserting ``each of fiscal years 2001 
     through 2005''.
       (b) Matching Grant Program For School Security.--Title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 is 
     amended by inserting after part Z the following new part:

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

     ``SEC. 2701. PROGRAM AUTHORIZED.

       ``(a) In General.--The Attorney General is authorized to 
     make grants to States, units of local government, and Indian 
     tribes to provide improved security, including the placement 
     and use of metal detectors and other deterrent measures, at 
     schools and on school grounds.
       ``(b) Uses of Funds.--Grants awarded under this section 
     shall be distributed directly to the State, unit of local 
     government, or Indian tribe, and shall be used to improve 
     security at schools and on school grounds in the jurisdiction 
     of the grantee through one or more of the following:
       ``(1) Placement and use of metal detectors, locks, 
     lighting, and other deterrent measures.
       ``(2) Security assessments.
       ``(3) Security training of personnel and students.
       ``(4) Coordination with local law enforcement.
       ``(5) Any other measure that, in the determination of the 
     Attorney General, may provide a significant improvement in 
     security.
       ``(c) Preferential Consideration.--In awarding grants under 
     this part, the Attorney General shall give preferential 
     consideration, if feasible, to an application from a 
     jurisdiction that has a demonstrated need for improved 
     security, has a demonstrated need for financial assistance, 
     and has evidenced the ability to make the improvements for 
     which the grant amounts are sought.
       ``(d) Matching Funds.--
       ``(1) The portion of the costs of a program provided by a 
     grant under subsection (a) may not exceed 50 percent.
       ``(2) Any funds appropriated by Congress for the activities 
     of any agency of an Indian tribal government or the Bureau of 
     Indian Affairs performing law enforcement functions on any 
     Indian lands may be used to provide the non-Federal share of 
     a matching requirement funded under this subsection.
       ``(3) The Attorney General may provide, in the guidelines 
     implementing this section, for the requirement of paragraph 
     (1) to be waived or altered in the case of a recipient with a 
     financial need for such a waiver or alteration.
       ``(e) Equitable Distribution.--In awarding grants under 
     this part, the Attorney General shall ensure, to the extent 
     practicable, an equitable geographic distribution among the 
     regions of the United States and among urban, suburban, and 
     rural areas.
       ``(f) Administrative Costs.--The Attorney General may 
     reserve not more than 2 percent from amounts appropriated to 
     carry out this part for administrative costs.

     ``SEC. 2702. APPLICATIONS.

       ``(a) In General.--To request a grant under this part, the 
     chief executive of a State, unit of local government, or 
     Indian tribe shall submit an application to the Attorney 
     General at such time, in such manner, and accompanied by such 
     information as the Attorney General may require. Each 
     application shall--
       ``(1) include a detailed explanation of--
       ``(A) the intended uses of funds provided under the grant; 
     and
       ``(B) how the activities funded under the grant will meet 
     the purpose of this part; and
       ``(2) be accompanied by an assurance that the application 
     was prepared after consultation with individuals not limited 
     to law enforcement officers (such as school violence 
     researchers, child psychologists, social workers, teachers, 
     principals, and other school personnel) to ensure that the 
     improvements to be funded under the grant are--
       ``(A) consistent with a comprehensive approach to 
     preventing school violence; and
       ``(B) individualized to the needs of each school at which 
     those improvements are to be made.
       ``(b) Guidelines.--Not later than 90 days after the date of 
     the enactment of this part, the Attorney General shall 
     promulgate guidelines to implement this section (including 
     the information that must be included and the requirements 
     that the States, units of local government, and Indian tribes 
     must meet) in submitting the applications required under this 
     section.

     ``SEC. 2703. ANNUAL REPORT TO CONGRESS.

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

     ``SEC. 2704. DEFINITIONS.

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

     ``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 1109. DATING VIOLENCE.

       (a) Definitions.--
       (1) Section 2003.--Section 2003 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-
     2) is amended--
       (A) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (B) by adding at the end the following:
       ``(9) the term `dating violence' means violence committed 
     by a person--
       ``(A) who is or has been in a social relationship of a 
     romantic or intimate nature with the victim; and
       ``(B) where the existence of such a relationship shall be 
     determined based on a consideration of the following factors:
       ``(i) the length of the relationship;
       ``(ii) the type of relationship; and
       ``(iii) the frequency of interaction between the persons 
     involved in the relationship.''.
       (2) Section 2105.--Section 2105 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
     4) is amended--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) the term `dating violence' means violence committed 
     by a person--
       ``(A) who is or has been in a social relationship of a 
     romantic or intimate nature with the victim; and
       ``(B) where the existence of such a relationship shall be 
     determined based on a consideration of the following factors:
       ``(i) the length of the relationship;
       ``(ii) the type of relationship; and
       ``(iii) the frequency of interaction between the persons 
     involved in the relationship.''.
       (b) STOP Grants.--Section 2001(b) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg(b)) is amended--
       (1) in paragraph (1), by striking ``sexual assault and 
     domestic violence'' and inserting ``sexual assault, domestic 
     violence, and dating violence''; and
       (2) in paragraph (5), by striking ``sexual assault and 
     domestic violence'' and inserting ``sexual assault, domestic 
     violence, and dating violence''.
       (c) Grants To Encourage Arrest Policies.--Section 2101(b) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3796hh(b)) is amended--
       (1) in paragraph (2), by inserting ``and dating violence'' 
     after ``domestic violence''; and
       (2) in paragraph (5), by inserting ``and dating violence'' 
     after ``domestic violence''.
       (d) Rural Domestic Violence and Child Abuse Enforcement.--
     Section 40295(a) of the Safe Homes for Women Act of 1994 (42 
     U.S.C. 13971(a)) is amended--
       (1) in paragraph (1), by inserting ``and dating violence 
     (as defined in section 2003 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))'' 
     after ``domestic violence''; and
       (2) in paragraph (2), by inserting ``and dating violence 
     (as defined in section 2003 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))'' 
     after ``domestic violence''.
        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

     SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS.

       (a) In General.--The purpose of this section is to enable 
     the Attorney General to award grants to increase the 
     availability of legal assistance necessary to provide 
     effective aid to victims of domestic violence, stalking, or 
     sexual assault who are seeking relief in legal matters 
     arising as

[[Page H8866]]

     a consequence of that abuse or violence, at minimal or no 
     cost to the victims.
       (b) Definitions.--In this section:
       (1) Domestic violence.--The term ``domestic violence'' has 
     the meaning given the term in section 2003 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-2).
       (2) Legal assistance for victims.--The term ``legal 
     assistance'' includes assistance to victims of domestic 
     violence, stalking, and sexual assault in family, 
     immigration, administrative agency, or housing matters, 
     protection or stay away order proceedings, and other similar 
     matters. No funds made available under this section may be 
     used to provide financial assistance in support of any 
     litigation described in paragraph (14) of section 504 of 
     Public Law 104-134.
       (3) Sexual assault.--The term ``sexual assault'' has the 
     meaning given the term in section 2003 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-2).
       (c) Legal Assistance for Victims Grants.--The Attorney 
     General may award grants under this subsection to private 
     nonprofit entities, Indian tribal governments, and publicly 
     funded organizations not acting in a governmental capacity 
     such as law schools, and which shall be used--
       (1) to implement, expand, and establish cooperative efforts 
     and projects between domestic violence and sexual assault 
     victim services organizations and legal assistance providers 
     to provide legal assistance for victims of domestic violence, 
     stalking, and sexual assault;
       (2) to implement, expand, and establish efforts and 
     projects to provide legal assistance for victims of domestic 
     violence, stalking, and sexual assault by organizations with 
     a demonstrated history of providing direct legal or advocacy 
     services on behalf of these victims; and
       (3) to provide training, technical assistance, and data 
     collection to improve the capacity of grantees and other 
     entities to offer legal assistance to victims of domestic 
     violence, stalking, and sexual assault.
       (d) Eligibility.--To be eligible for a grant under 
     subsection (c), applicants shall certify in writing that--
       (1) any person providing legal assistance through a program 
     funded under subsection (c) has completed or will complete 
     training in connection with domestic violence or sexual 
     assault and related legal issues;
       (2) any training program conducted in satisfaction of the 
     requirement of paragraph (1) has been or will be developed 
     with input from and in collaboration with a State, local, or 
     tribal domestic violence or sexual assault program or 
     coalition, as well as appropriate State and local law 
     enforcement officials;
       (3) any person or organization providing legal assistance 
     through a program funded under subsection (c) has informed 
     and will continue to inform State, local, or tribal domestic 
     violence or sexual assault programs and coalitions, as well 
     as appropriate State and local law enforcement officials of 
     their work; and
       (4) the grantee's organizational policies do not require 
     mediation or counseling involving offenders and victims 
     physically together, in cases where sexual assault, domestic 
     violence, or child sexual abuse is an issue.
       (e) Evaluation.--The Attorney General may evaluate the 
     grants funded under this section through contracts or other 
     arrangements with entities expert on domestic violence, 
     stalking, and sexual assault, and on evaluation research.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $40,000,000 for each of fiscal years 
     2001 through 2005.
       (2) Allocation of funds.--
       (A) Tribal programs.--Of the amount made available under 
     this subsection in each fiscal year, not less than 5 percent 
     shall be used for grants for programs that assist victims of 
     domestic violence, stalking, and sexual assault on lands 
     within the jurisdiction of an Indian tribe.
       (B) Victims of sexual assault.--Of the amount made 
     available under this subsection in each fiscal year, not less 
     than 25 percent shall be used for direct services, training, 
     and technical assistance to support projects focused solely 
     or primarily on providing legal assistance to victims of 
     sexual assault.
       (3) Nonsupplantation.--Amounts made available under this 
     section shall be used to supplement and not supplant other 
     Federal, State, and local funds expended to further the 
     purpose of this section.

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

       (a) Reauthorization.--Section 310(a) of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10409(a)) is amended 
     to read as follows:
       ``(a) In General.--There are authorized to be appropriated 
     to carry out this title $175,000,000 for each of fiscal years 
     2001 through 2005.''.
       (b) State Minimum; Reallotment.--Section 304 of the Family 
     Violence Prevention and Services Act (42 U.S.C. 10403) is 
     amended--
       (1) in subsection (a), by striking ``for grants to States 
     for any fiscal year'' and all that follows and inserting the 
     following: ``and available for grants to States under this 
     subsection for any fiscal year--
       ``(1) Guam, American Samoa, the United States Virgin 
     Islands, and the Commonwealth of the Northern Mariana Islands 
     shall each be allotted not less than \1/8\ of 1 percent of 
     the amounts available for grants under section 303(a) for the 
     fiscal year for which the allotment is made; and
       ``(2) each State shall be allotted for payment in a grant 
     authorized under section 303(a), $600,000, with the remaining 
     funds to be allotted to each State in an amount that bears 
     the same ratio to such remaining funds as the population of 
     such State bears to the population of all States.'';
       (2) in subsection (c), in the first sentence, by inserting 
     ``and available'' before ``for grants''; and
       (3) by adding at the end the following:
       ``(e) In subsection (a)(2), the term ``State'' does not 
     include any jurisdiction specified in subsection (a)(1).''.

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

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

     ``SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

       ``(a) In General.--The Secretary shall award grants under 
     this section to carry out programs to provide assistance to 
     individuals, and their dependents--
       ``(1) who are homeless or in need of transitional housing 
     or other housing assistance, as a result of fleeing a 
     situation of domestic violence; and
       ``(2) for whom emergency shelter services are unavailable 
     or insufficient.
       ``(b) Assistance Described.--Assistance provided under this 
     section may include--
       ``(1) short-term housing assistance, including rental or 
     utilities payments assistance and assistance with related 
     expenses, such as payment of security deposits and other 
     costs incidental to relocation to transitional housing, in 
     cases in which assistance described in this paragraph is 
     necessary to prevent homelessness because an individual or 
     dependent is fleeing a situation of domestic violence; and
       ``(2) support services designed to enable an individual or 
     dependent who is fleeing a situation of domestic violence to 
     locate and secure permanent housing, and to integrate the 
     individual or dependent into a community, such as 
     transportation, counseling, child care services, case 
     management, employment counseling, and other assistance.
       ``(c) Term of Assistance.--
       ``(1) In general.--Subject to paragraph (2), an individual 
     or dependent assisted under this section may not receive 
     assistance under this section for a total of more than 12 
     months.
       ``(2) Waiver.--The recipient of a grant under this section 
     may waive the restrictions of paragraph (1) for up to an 
     additional 6-month period with respect to any individual (and 
     dependents of the individual) who has made a good-faith 
     effort to acquire permanent housing and has been unable to 
     acquire the housing.
       ``(d) Reports.--
       ``(1) Report to secretary.--
       ``(A) In general.--An entity that receives a grant under 
     this section shall annually prepare and submit to the 
     Secretary a report describing the number of individuals and 
     dependents assisted, and the types of housing assistance and 
     support services provided, under this section.
       ``(B) Contents.--Each report shall include information on--
       ``(i) the purpose and amount of housing assistance provided 
     to each individual or dependent assisted under this section;
       ``(ii) the number of months each individual or dependent 
     received the assistance;
       ``(iii) the number of individuals and dependents who were 
     eligible to receive the assistance, and to whom the entity 
     could not provide the assistance solely due to a lack of 
     available housing; and
       ``(iv) the type of support services provided to each 
     individual or dependent assisted under this section.
       ``(2) Report to congress.--The Secretary shall annually 
     prepare and submit to the Committee on the Judiciary of the 
     House of Representatives and the Committee on the Judiciary 
     of the Senate a report that contains a compilation of the 
     information contained in reports submitted under paragraph 
     (1).
       ``(e) Evaluation, Monitoring, and Administration.--Of the 
     amount appropriated under subsection (f) for each fiscal 
     year, not more than 1 percent shall be used by the Secretary 
     for evaluation, monitoring, and administrative costs under 
     this section.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $25,000,000 for fiscal year 2001.''.

     SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

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

     SEC. 1205. FEDERAL VICTIMS COUNSELORS.

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

     SEC. 1206. STUDY OF STATE LAWS REGARDING INSURANCE 
                   DISCRIMINATION AGAINST VICTIMS OF VIOLENCE 
                   AGAINST WOMEN.

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

     SEC. 1207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST 
                   WOMEN.

       The Attorney General shall--
       (1) conduct a national survey of plans, programs, and 
     practices developed to assist employers and employees on 
     appropriate responses in the workplace related to victims of 
     domestic violence, stalking, or sexual assault; and

[[Page H8867]]

       (2) not later than 18 months after the date of enactment of 
     this Act, submit to Congress a report describing the results 
     of that survey, which report shall include the 
     recommendations of the Attorney General to assist employers 
     and employees affected in the workplace by incidents of 
     domestic violence, stalking, and sexual assault.

     SEC. 1208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS OF 
                   VIOLENCE AGAINST WOMEN.

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

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

       (a) Elder Abuse, Neglect, and Exploitation.--The Violence 
     Against Women Act of 1994 (108 Stat. 1902 et seq.) is amended 
     by adding at the end the following:
    ``Subtitle H--Elder Abuse, Neglect, and Exploitation, Including 
    Domestic Violence and Sexual Assault Against Older or Disabled 
                              Individuals

     ``SEC. 40801. DEFINITIONS.

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

     ``SEC. 40802. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS.

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

     ``SEC. 40803. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subtitle $5,000,000 for each of fiscal years 2001 through 
     2005.''.
       (b) Protections for Older and Disabled Individuals From 
     Domestic Violence and Sexual Assault in Pro-Arrest Grants.--
     Section 2101(b) of part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et 
     seq.) is amended by adding at the end the following:
       ``(8) To develop or strengthen policies and training for 
     police, prosecutors, and the judiciary in recognizing, 
     investigating, and prosecuting instances of domestic violence 
     and sexual assault against older individuals (as defined in 
     section 102 of the Older Americans Act of 1965 (42 U.S.C. 
     3002)) and individuals with disabilities (as defined in 
     section 3(2) of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12102(2))).''.
       (c) Protections for Older and Disabled Individuals From 
     Domestic Violence and Sexual Assault in STOP Grants.--Section 
     2001(b) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796gg(b)) (as amended by 
     section 1103(b) of this division) is amended by adding at the 
     end the following:
       ``(10) developing, enlarging, or strengthening programs to 
     assist law enforcement, prosecutors, courts, and others to 
     address the needs and circumstances of older and disabled 
     women who are victims of domestic violence or sexual assault, 
     including recognizing, investigating, and prosecuting 
     instances of such violence or assault and targeting outreach 
     and support, counseling, and other victim services to such 
     older and disabled individuals; and''.
        TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

     SEC. 1301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM.

       (a) In General.--The Attorney General may award grants to 
     States, units of local government, and Indian tribal 
     governments that propose to enter into or expand the scope of 
     existing contracts and cooperative agreements with public or 
     private nonprofit entities to provide supervised visitation 
     and safe visitation exchange of children by and between 
     parents in situations involving domestic violence, child 
     abuse, sexual assault, or stalking.
       (b) Considerations.--In awarding grants under subsection 
     (a), the Attorney General shall take into account--
       (1) the number of families to be served by the proposed 
     visitation programs and services;
       (2) the extent to which the proposed supervised visitation 
     programs and services serve underserved populations (as 
     defined in section 2003 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2));
       (3) with respect to an applicant for a contract or 
     cooperative agreement, the extent to which the applicant 
     demonstrates cooperation and collaboration with nonprofit, 
     nongovernmental entities in the local community served, 
     including the State or tribal domestic violence coalition, 
     State or tribal sexual assault coalition, local shelters, and 
     programs for domestic violence and sexual assault victims; 
     and
       (4) the extent to which the applicant demonstrates 
     coordination and collaboration with State and local court 
     systems, including mechanisms for communication and referral.
       (c) Applicant Requirements.--The Attorney General shall 
     award grants for contracts and cooperative agreements to 
     applicants that--
       (1) demonstrate expertise in the area of family violence, 
     including the areas of domestic violence or sexual assault, 
     as appropriate;
       (2) ensure that any fees charged to individuals for use of 
     programs and services are based on the income of those 
     individuals, unless otherwise provided by court order;
       (3) demonstrate that adequate security measures, including 
     adequate facilities, procedures, and personnel capable of 
     preventing violence, are in place for the operation of 
     supervised visitation programs and services or safe 
     visitation exchange; and
       (4) prescribe standards by which the supervised visitation 
     or safe visitation exchange will occur.
       (d) Reporting.--
       (1) In general.--Not later than 1 year after the last day 
     of the first fiscal year commencing on or after the date of 
     enactment of this Act, and not later than 180 days after the 
     last day of each fiscal year thereafter, the Attorney General 
     shall submit to Congress a report that includes information 
     concerning--
       (A) the number of--
       (i) individuals served and the number of individuals turned 
     away from visitation programs and services and safe 
     visitation exchange (categorized by State);
       (ii) the number of individuals from underserved populations 
     served and turned away from services; and
       (iii) the type of problems that underlie the need for 
     supervised visitation or safe visitation exchange, such as 
     domestic violence, child abuse, sexual assault, other 
     physical abuse, or a combination of such factors;
       (B) the numbers of supervised visitations or safe 
     visitation exchanges ordered under this section during 
     custody determinations under a separation or divorce decree 
     or protection order, through child protection services or 
     other social services agencies, or by any other order of a 
     civil, criminal, juvenile, or family court;
       (C) the process by which children or abused partners are 
     protected during visitations, temporary custody transfers, 
     and other activities for which supervised visitation is 
     established under this section;
       (D) safety and security problems occurring during the 
     reporting period during supervised visitation under this 
     section, including the number of parental abduction cases; 
     and
       (E) the number of parental abduction cases in a judicial 
     district using supervised visitation programs and services 
     under this section, both as identified in criminal 
     prosecution and custody violations.
       (2) Guidelines.--The Attorney General shall establish 
     guidelines for the collection and reporting of data under 
     this subsection.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 for 
     each of fiscal years 2001 and 2002.
       (f) Allotment for Indian Tribes.--Not less than 5 percent 
     of the total amount made available for each fiscal year to 
     carry out this section shall be available for grants to 
     Indian tribal governments.

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

       (a) Court-Appointed Special Advocate Program.--Section 218 
     of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014) 
     is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Authorization.--There is authorized to be 
     appropriated to carry out this subtitle $12,000,000 for each 
     of fiscal years 2001 through 2005.''.
       (b) Child Abuse Training Programs for Judicial Personnel 
     and Practitioners.--Section 224 of the Victims of Child Abuse 
     Act of 1990 (42 U.S.C. 13024) is amended by striking 
     subsection (a) and inserting the following:
       ``(a) Authorization.--There is authorized to be 
     appropriated to carry out this subtitle $2,300,000 for each 
     of fiscal years 2001 through 2005.''.
       (c) Grants for Televised Testimony.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (7) 
     and inserting the following:
       ``(7) There is authorized to be appropriated to carry out 
     part N $1,000,000 for each of fiscal years 2001 through 
     2005.''.
       (d) Dissemination of Information.--The Attorney General 
     shall--
       (1) annually compile and disseminate information (including 
     through electronic publication) about the use of amounts 
     expended and the projects funded under section 218(a) of the 
     Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)), 
     section 224(a) 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 H8868]]

     SEC. 1303. REPORT ON EFFECTS OF PARENTAL KIDNAPPING LAWS IN 
                   DOMESTIC VIOLENCE CASES.

       (a) In General.--The Attorney General shall--
       (1) conduct a study of Federal and State laws relating to 
     child custody, including custody provisions in protection 
     orders, the Uniform Child Custody Jurisdiction and 
     Enforcement Act adopted by the National Conference of 
     Commissioners on Uniform State Laws in July 1997, the 
     Parental Kidnaping Prevention Act of 1980 and the amendments 
     made by that Act, and the effect of those laws on child 
     custody cases in which domestic violence is a factor; and
       (2) submit to Congress a report describing the results of 
     that study, including the effects of implementing or applying 
     model State laws, and the recommendations of the Attorney 
     General to reduce the incidence or pattern of violence 
     against women or of sexual assault of the child.
       (b) Sufficiency of Defenses.--In carrying out subsection 
     (a) with respect to the Parental Kidnaping Prevention Act of 
     1980 and the amendments made by that Act, the Attorney 
     General shall examine the sufficiency of defenses to parental 
     abduction charges available in cases involving domestic 
     violence, and the burdens and risks encountered by victims of 
     domestic violence arising from jurisdictional requirements of 
     that Act and the amendments made by that Act.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $200,000 for 
     fiscal year 2001.
       (d) Condition for Custody Determination.--Section 
     1738A(c)(2)(C)(ii) of title 28, United States Code, is 
     amended by striking ``he'' and inserting ``the child, a 
     sibling, or parent of the child''.
   TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                             AGAINST WOMEN

     SEC. 1401. RAPE PREVENTION AND EDUCATION.

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

     ``SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.

       ``(a) Permitted Use.--The Secretary, acting through the 
     National Center for Injury Prevention and Control at the 
     Centers for Disease Control and Prevention, shall award 
     targeted grants to States to be used for rape prevention and 
     education programs conducted by rape crisis centers, State 
     sexual assault coalitions, and other public and private 
     nonprofit entities for--
       ``(1) educational seminars;
       ``(2) the operation of hotlines;
       ``(3) training programs for professionals;
       ``(4) the preparation of informational material;
       ``(5) education and training programs for students and 
     campus personnel designed to reduce the incidence of sexual 
     assault at colleges and universities;
       ``(6) education to increase awareness about drugs used to 
     facilitate rapes or sexual assaults; and
       ``(7) other efforts to increase awareness of the facts 
     about, or to help prevent, sexual assault, including efforts 
     to increase awareness in underserved communities and 
     awareness among individuals with disabilities (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102)).
       ``(b) Collection and Dissemination of Information on Sexual 
     Assault.--The Secretary shall, through the National Resource 
     Center on Sexual Assault established under the National 
     Center for Injury Prevention and Control at the Centers for 
     Disease Control and Prevention, provide resource information, 
     policy, training, and technical assistance to Federal, State, 
     local, and Indian tribal agencies, as well as to State sexual 
     assault coalitions and local sexual assault programs and to 
     other professionals and interested parties on issues relating 
     to sexual assault, including maintenance of a central 
     resource library in order to collect, prepare, analyze, and 
     disseminate information and statistics and analyses thereof 
     relating to the incidence and prevention of sexual assault.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $80,000,000 for each of fiscal 
     years 2001 through 2005.
       ``(2) National resource center allotment.--Of the total 
     amount made available under this subsection in each fiscal 
     year, not more than the greater of $1,000,000 or 2 percent of 
     such amount shall be available for allotment under subsection 
     (b).
       ``(d) Limitations.--
       ``(1) Supplement not supplant.--Amounts provided to States 
     under this section shall be used to supplement and not 
     supplant other Federal, State, and local public funds 
     expended to provide services of the type described in 
     subsection (a).
       ``(2) Studies.--A State may not use more than 2 percent of 
     the amount received by the State under this section for each 
     fiscal year for surveillance studies or prevalence studies.
       ``(3) Administration.--A State may not use more than 5 
     percent of the amount received by the State under this 
     section for each fiscal year for administrative expenses.''.
       (b) Repeal.--Section 40151 of the Violence Against Women 
     Act of 1994 (108 Stat. 1920), and the amendment made by such 
     section, is repealed.

     SEC. 1402. EDUCATION AND TRAINING TO END VIOLENCE AGAINST AND 
                   ABUSE OF WOMEN WITH DISABILITIES.

       (a) In General.--The Attorney General, in consultation with 
     the Secretary of Health and Human Services, may award grants 
     to States, units of local government, Indian tribal 
     governments, and nongovernmental private entities to provide 
     education and technical assistance for the purpose of 
     providing training, consultation, and information on domestic 
     violence, stalking, and sexual assault against women who are 
     individuals with disabilities (as defined in section 3 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
       (b) Priorities.--In awarding grants under this section, the 
     Attorney General shall give priority to applications designed 
     to provide education and technical assistance on--
       (1) the nature, definition, and characteristics of domestic 
     violence, stalking, and sexual assault experienced by women 
     who are individuals with disabilities;
       (2) outreach activities to ensure that women who are 
     individuals with disabilities who are victims of domestic 
     violence, stalking, and sexual assault receive appropriate 
     assistance;
       (3) the requirements of shelters and victim services 
     organizations under Federal anti-discrimination laws, 
     including the Americans with Disabilities Act of 1990 and 
     section 504 of the Rehabilitation Act of 1973; and
       (4) cost-effective ways that shelters and victim services 
     may accommodate the needs of individuals with disabilities in 
     accordance with the Americans with Disabilities Act of 1990.
       (c) Uses of Grants.--Each recipient of a grant under this 
     section shall provide information and training to 
     organizations and programs that provide services to 
     individuals with disabilities, including independent living 
     centers, disability-related service organizations, and 
     domestic violence programs providing shelter or related 
     assistance.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $7,500,000 for 
     each of fiscal years 2001 through 2005.

     SEC. 1403. COMMUNITY INITIATIVES.

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

     SEC. 1404. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE 
                   VIOLENCE AGAINST WOMEN ACT OF 1994.

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

     SEC. 1405. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL 
                   ASSAULT FORENSIC EXAMINATIONS.

       (a) In General.--The Attorney General shall--
       (1) evaluate existing standards of training and practice 
     for licensed health care professionals performing sexual 
     assault forensic examinations and develop a national 
     recommended standard for training;
       (2) recommend sexual assault forensic examination training 
     for all health care students to improve the recognition of 
     injuries suggestive of rape and sexual assault and baseline 
     knowledge of appropriate referrals in victim treatment and 
     evidence collection; and
       (3) review existing national, State, tribal, and local 
     protocols on sexual assault forensic examinations, and based 
     on this review, develop a recommended national protocol and 
     establish a mechanism for its nationwide dissemination.
       (b) Consultation.--The Attorney General shall consult with 
     national, State, tribal, and local experts in the area of 
     rape and sexual assault, including rape crisis centers, State 
     and tribal sexual assault and domestic violence coalitions 
     and programs, and programs for criminal justice, forensic 
     nursing, forensic science, emergency room medicine, law, 
     social services, and sex crimes in underserved communities 
     (as defined in section 2003(7) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
     2(7)), as amended by this division).
       (c) Report.--The Attorney General shall ensure that not 
     later than 1 year after the date of enactment of this Act, a 
     report of the actions taken pursuant to subsection (a) is 
     submitted to Congress.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $200,000 for 
     fiscal year 2001.

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

       (a) Grants for Education and Training for Judges and Court 
     Personnel in State Courts.--
       (1) Section 40412.--Section 40412 of the Equal Justice for 
     Women in the Courts Act of 1994 (42 U.S.C. 13992) is 
     amended--
       (A) by striking ``and'' at the end of paragraph (18);

[[Page H8869]]

       (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 safety of the child, the legitimate reasons parents may 
     report child sexual assault, and evaluating expert testimony 
     in custody and visitation determinations involving child 
     sexual assault, including the current scientifically-accepted 
     and empirically valid research on child sexual assault;
       ``(22) the extent to which addressing domestic violence and 
     victim safety contributes to the efficient administration of 
     justice;''.
       (2) Section 40414.--Section 40414(a) of the Equal Justice 
     for Women in the Courts Act of 1994 (42 U.S.C. 13994(a)) is 
     amended by inserting ``and $1,500,000 for each of the fiscal 
     years 2001 through 2005'' after ``1996''.
       (b) Grants for Education and Training for Judges and Court 
     Personnel in Federal Courts.--
       (1) Section 40421.--Section 40421(d) of the Equal Justice 
     for Women in the Courts Act of 1994 (42 U.S.C. 14001(d)) is 
     amended to read as follows:
       ``(d) Continuing Education and Training Programs.--The 
     Federal Judicial Center, in carrying out section 620(b)(3) of 
     title 28, United States Code, shall include in the 
     educational programs it prepares, including the training 
     programs for newly appointed judges, information on the 
     aspects of the topics listed in section 40412 that pertain to 
     issues within the jurisdiction of the Federal courts, and 
     shall prepare materials necessary to implement this 
     subsection.''.
       (2) Section 40422.--Section 40422(2) of the Equal Justice 
     for Women in the Courts Act of 1994 (42 U.S.C. 14002(2)) is 
     amended by inserting ``and $500,000 for each of the fiscal 
     years 2001 through 2005'' after ``1996''.
       (c) Technical Amendments to the Equal Justice for Women in 
     the Courts Act of 1994.--
       (1) Ensuring collaboration with domestic violence and 
     sexual assault programs.--Section 40413 of the Equal Justice 
     for Women in the Courts Act of 1994 (42 U.S.C. 13993) is 
     amended by adding ``, including national, State, tribal, and 
     local domestic violence and sexual assault programs and 
     coalitions'' after ``victim advocates''.
       (2) Participation of tribal courts in state training and 
     education programs.--Section 40411 of the Equal Justice for 
     Women in the Courts Act of 1994 (42 U.S.C. 13991) is amended 
     by adding at the end the following: ``Nothing shall preclude 
     the attendance of tribal judges and court personnel at 
     programs funded under this section for States to train judges 
     and court personnel on the laws of the States.''.
       (3) Use of funds for dissemination of model programs.--
     Section 40414 of the Equal Justice for Women in the Courts 
     Act of 1994 (42 U.S.C. 13994) is amended by adding at the end 
     the following:
       ``(c) State Justice Institute.--The State Justice Institute 
     may use up to 5 percent of the funds appropriated under this 
     section for annually compiling and broadly disseminating 
     (including through electronic publication) information about 
     the use of funds and about the projects funded under this 
     section, including any evaluations of the projects and 
     information to enable the replication and adoption of the 
     projects.''.
       (d) Dating Violence.--
       (1) Section 40411.--Section 40411 of the Equal Justice for 
     Women in Courts Act of 1994 (42 U.S.C 13991) is amended by 
     inserting ``dating violence,'' after ``domestic violence,''.
       (2) Section 40412.--Section 40412 of such Act (42 U.S.C 
     13992) is amended--
       (A) in paragraph (10), by inserting ``and dating violence 
     (as defined in section 2003 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))'' 
     before the semicolon;
       (B) in paragraph (11), by inserting ``and dating violence'' 
     after ``domestic violence'';
       (C) in paragraph (13), by inserting ``and dating violence'' 
     after ``domestic violence'' in both places that it appears;
       (D) in paragraph (17), by inserting ``or dating violence'' 
     after ``domestic violence'' in both places that it appears; 
     and
       (E) in paragraph (18), by inserting ``and dating violence'' 
     after ``domestic violence''.

     SEC. 1407. DOMESTIC VIOLENCE TASK FORCE

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

     ``SEC. 40901. TASK FORCE.

       ``(a) Establish.--The Attorney General, in consultation 
     with national nonprofit, nongovernmental organizations whose 
     primary expertise is in domestic violence, shall establish a 
     task force to coordinate research on domestic violence and to 
     report to Congress on any overlapping or duplication of 
     efforts on domestic violence issues. The task force shall be 
     comprised of representatives from all Federal agencies that 
     fund such research.
       ``(b) Uses of Funds.--Funds appropriated under this section 
     shall be used to--
       ``(1) develop a coordinated strategy to strengthen research 
     focused on domestic violence education, prevention, and 
     intervention strategies;
       ``(2) track and report all Federal research and 
     expenditures on domestic violence; and
       ``(3) identify gaps and duplication of efforts in domestic 
     violence research and governmental expenditures on domestic 
     violence issues.
       ``(c) Report.--The Task Force shall report to Congress 
     annually on its work under subsection (b).
       ``(d) Definition.--For purposes of this section, the term 
     `domestic violence' has the meaning given such term by 
     section 2003 of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796gg-2(1)).
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000 for 
     each of fiscal years 2001 through 2004.''.
                   TITLE V--BATTERED IMMIGRANT WOMEN

     SEC. 1501. SHORT TITLE.

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

     SEC. 1502. FINDINGS AND PURPOSES.

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

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

       (a) Intended Spouse Defined.--Section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
     by adding at the end the following:
       ``(50) The term `intended spouse' means any alien who meets 
     the criteria set forth in section 
     204(a)(1)(A)(iii)(II)(aa)(BB), 204(a)(1)(B)(ii)(II)(aa)(BB), 
     or 240A(b)(2)(A)(i)(III).''.
       (b) Immediate Relative Status for Self-Petitioners Married 
     to U.S. Citizens.--
       (1) Self-petitioning spouses.--
       (A) Battery or cruelty to alien or alien's child.--Section 
     204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)(1)(A)(iii)) is amended to read as follows:
       ``(iii)(I) An alien who is described in subclause (II) may 
     file a petition with the Attorney General under this clause 
     for classification of the alien (and any child of the alien) 
     if the alien demonstrates to the Attorney General that--
       ``(aa) the marriage or the intent to marry the United 
     States citizen was entered into in good faith by the alien; 
     and
       ``(bb) during the marriage or relationship intended by the 
     alien to be legally a marriage, the alien or a child of the 
     alien has been battered or has been the subject of extreme 
     cruelty perpetrated by the alien's spouse or intended spouse.
       ``(II) For purposes of subclause (I), an alien described in 
     this subclause is an alien--
       ``(aa)(AA) who is the spouse of a citizen of the United 
     States;
       ``(BB) who believed that he or she had married a citizen of 
     the United States and with whom a marriage ceremony was 
     actually performed and who otherwise meets any applicable 
     requirements under this Act to establish the existence of and 
     bona fides of a marriage, but whose marriage is not 
     legitimate solely because of the bigamy of such citizen of 
     the United States; or
       ``(CC) who was a bona fide spouse of a United States 
     citizen within the past 2 years and--
       ``(aaa) whose spouse died within the past 2 years;
       ``(bbb) whose spouse lost or renounced citizenship status 
     within the past 2 years related to an incident of domestic 
     violence; or
       ``(ccc) who demonstrates a connection between the legal 
     termination of the marriage within the past 2 years and 
     battering or extreme cruelty by the United States citizen 
     spouse;
       ``(bb) who is a person of good moral character;
       ``(cc) who is eligible to be classified as an immediate 
     relative under section 201(b)(2)(A)(i) or who would have been 
     so classified but for the bigamy of the citizen of the United 
     States that the alien intended to marry; and
       ``(dd) who has resided with the alien's spouse or intended 
     spouse.''.
       (2) Self-petitioning children.--Section 204(a)(1)(A)(iv) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(A)(iv)) is amended to read as follows:

[[Page H8870]]

       ``(iv) An alien who is the child of a citizen of the United 
     States, or who was a child of a United States citizen parent 
     who within the past 2 years lost or renounced citizenship 
     status related to an incident of domestic violence, and who 
     is a person of good moral character, who is eligible to be 
     classified as an immediate relative under section 
     201(b)(2)(A)(i), and who resides, or has resided in the past, 
     with the citizen parent may file a petition with the Attorney 
     General under this subparagraph for classification of the 
     alien (and any child of the alien) under such section if the 
     alien demonstrates to the Attorney General that the alien has 
     been battered by or has been the subject of extreme cruelty 
     perpetrated by the alien's citizen parent. For purposes of 
     this clause, residence includes any period of visitation.''.
       (3) Filing of petitions.--Section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is 
     amended by adding at the end the following:
       ``(v) An alien who--
       ``(I) is the spouse, intended spouse, or child living 
     abroad of a citizen who--
       ``(aa) is an employee of the United States Government;
       ``(bb) is a member of the uniformed services (as defined in 
     section 101(a) of title 10, United States Code); or
       ``(cc) has subjected the alien or the alien's child to 
     battery or extreme cruelty in the United States; and
       ``(II) is eligible to file a petition under clause (iii) or 
     (iv);
     shall file such petition with the Attorney General under the 
     procedures that apply to self-petitioners under clause (iii) 
     or (iv), as applicable.''.
       (c) Second Preference Immigration Status for Self-
     Petitioners Married to Lawful Permanent Residents.--
       (1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(B)(ii)) is amended to read as follows:
       ``(ii)(I) An alien who is described in subclause (II) may 
     file a petition with the Attorney General under this clause 
     for classification of the alien (and any child of the alien) 
     if such a child has not been classified under clause (iii) of 
     section 203(a)(2)(A) and if the alien demonstrates to the 
     Attorney General that--
       ``(aa) the marriage or the intent to marry the lawful 
     permanent resident was entered into in good faith by the 
     alien; and
       ``(bb) during the marriage or relationship intended by the 
     alien to be legally a marriage, the alien or a child of the 
     alien has been battered or has been the subject of extreme 
     cruelty perpetrated by the alien's spouse or intended spouse.
       ``(II) For purposes of subclause (I), an alien described in 
     this paragraph is an alien--
       ``(aa)(AA) who is the spouse of a lawful permanent resident 
     of the United States; or
       ``(BB) who believed that he or she had married a lawful 
     permanent resident of the United States and with whom a 
     marriage ceremony was actually performed and who otherwise 
     meets any applicable requirements under this Act to establish 
     the existence of and bona fides of a marriage, but whose 
     marriage is not legitimate solely because of the bigamy of 
     such lawful permanent resident of the United States; or
       ``(CC) who was a bona fide spouse of a lawful permanent 
     resident within the past 2 years and--
       ``(aaa) whose spouse lost status within the past 2 years 
     due to an incident of domestic violence; or
       ``(bbb) who demonstrates a connection between the legal 
     termination of the marriage within the past 2 years and 
     battering or extreme cruelty by the lawful permanent resident 
     spouse;
       ``(bb) who is a person of good moral character;
       ``(cc) who is eligible to be classified as a spouse of an 
     alien lawfully admitted for permanent residence under section 
     203(a)(2)(A) or who would have been so classified but for the 
     bigamy of the lawful permanent resident of the United States 
     that the alien intended to marry; and
       ``(dd) who has resided with the alien's spouse or intended 
     spouse.''.
       (2) Self-petitioning children.--Section 204(a)(1)(B)(iii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(B)(iii)) is amended to read as follows:
       ``(iii) An alien who is the child of an alien lawfully 
     admitted for permanent residence, or who was the child of a 
     lawful permanent resident who within the past 2 years lost 
     lawful permanent resident status due to an incident of 
     domestic violence, and who is a person of good moral 
     character, who is eligible for classification under section 
     203(a)(2)(A), and who resides, or has resided in the past, 
     with the alien's permanent resident alien parent may file a 
     petition with the Attorney General under this subparagraph 
     for classification of the alien (and any child of the alien) 
     under such section if the alien demonstrates to the Attorney 
     General that the alien has been battered by or has been the 
     subject of extreme cruelty perpetrated by the alien's 
     permanent resident parent.''.
       (3) Filing of petitions.--Section 204(a)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is 
     amended by adding at the end the following:
       ``(iv) An alien who--
       ``(I) is the spouse, intended spouse, or child living 
     abroad of a lawful permanent resident who--
       ``(aa) is an employee of the United States Government;
       ``(bb) is a member of the uniformed services (as defined in 
     section 101(a) of title 10, United States Code); or
       ``(cc) has subjected the alien or the alien's child to 
     battery or extreme cruelty in the United States; and
       ``(II) is eligible to file a petition under clause (ii) or 
     (iii);
     shall file such petition with the Attorney General under the 
     procedures that apply to self-petitioners under clause (ii) 
     or (iii), as applicable.''.
       (d) Good Moral Character Determinations for Self-
     Petitioners and Treatment of Child Self-Petitioners and 
     Petitions Including Derivative Children Attaining 21 Years of 
     Age.--Section 204(a)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1154(a)(1)) is amended--
       (1) by redesignating subparagraphs (C) through (H) as 
     subparagraphs (E) through (J), respectively;
       (2) by inserting after subparagraph (B) the following:
       ``(C) Notwithstanding section 101(f), an act or conviction 
     that is waivable with respect to the petitioner for purposes 
     of a determination of the petitioner's admissibility under 
     section 212(a) or deportability under section 237(a) shall 
     not bar the Attorney General from finding the petitioner to 
     be of good moral character under subparagraph (A)(iii), 
     (A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds 
     that the act or conviction was connected to the alien's 
     having been battered or subjected to extreme cruelty.
       ``(D)(i)(I) Any child who attains 21 years of age who has 
     filed a petition under clause (iv) of section 204(a)(1)(A) 
     that was filed or approved before the date on which the child 
     attained 21 years of age shall be considered (if the child 
     has not been admitted or approved for lawful permanent 
     residence by the date the child attained 21 years of age) a 
     petitioner for preference status under paragraph (1), (2), or 
     (3) of section 203(a), whichever paragraph is applicable, 
     with the same priority date assigned to the self-petition 
     filed under clause (iv) of section 204(a)(1)(A). No new 
     petition shall be required to be filed.
       ``(II) Any individual described in subclause (I) is 
     eligible for deferred action and work authorization.
       ``(III) Any derivative child who attains 21 years of age 
     who is included in a petition described in clause (ii) that 
     was filed or approved before the date on which the child 
     attained 21 years of age shall be considered (if the child 
     has not been admitted or approved for lawful permanent 
     residence by the date the child attained 21 years of age) a 
     petitioner for preference status under paragraph (1), (2), or 
     (3) of section 203(a), whichever paragraph is applicable, 
     with the same priority date as that assigned to the 
     petitioner in any petition described in clause (ii). No new 
     petition shall be required to be filed.
       ``(IV) Any individual described in subclause (III) and any 
     derivative child of a petition described in clause (ii) is 
     eligible for deferred action and work authorization.
       ``(ii) The petition referred to in clause (i)(III) is a 
     petition filed by an alien under subparagraph (A)(iii), 
     (A)(iv), (B)(ii) or (B)(iii) in which the child is included 
     as a derivative beneficiary.''; and
       (3) in subparagraph (J) (as so redesignated), by inserting 
     ``or in making determinations under subparagraphs (C) and 
     (D),'' after ``subparagraph (B),''.
       (e) Access to Naturalization for Divorced Victims of 
     Abuse.--Section 319(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1430(a)) is amended--
       (1) by inserting ``, or any person who obtained status as a 
     lawful permanent resident by reason of his or her status as a 
     spouse or child of a United States citizen who battered him 
     or her or subjected him or her to extreme cruelty,'' after 
     ``United States'' the first place such term appears; and
       (2) by inserting ``(except in the case of a person who has 
     been battered or subjected to extreme cruelty by a United 
     States citizen spouse or parent)'' after ``has been living in 
     marital union with the citizen spouse''.

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

       (a) Cancellation of Removal and Adjustment of Status for 
     Certain Nonpermanent Residents.--Section 240A(b)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)) is 
     amended to read as follows:
       ``(2) Special rule for battered spouse or child.--
       ``(A) Authority.--The Attorney General may cancel removal 
     of, and adjust to the status of an alien lawfully admitted 
     for permanent residence, an alien who is inadmissible or 
     deportable from the United States if the alien demonstrates 
     that--
       ``(i)(I) the alien has been battered or subjected to 
     extreme cruelty by a spouse or parent who is or was a United 
     States citizen (or is the parent of a child of a United 
     States citizen and the child has been battered or subjected 
     to extreme cruelty by such citizen parent);
       ``(II) the alien has been battered or subjected to extreme 
     cruelty by a spouse or parent who is or was a lawful 
     permanent resident (or is the parent of a child of an alien 
     who is or was a lawful permanent resident and the child has 
     been battered or subjected to extreme cruelty by such 
     permanent resident parent); or
       ``(III) the alien has been battered or subjected to extreme 
     cruelty by a United States citizen or lawful permanent 
     resident whom the alien intended to marry, but whose marriage 
     is not legitimate because of that United States citizen's or 
     lawful permanent resident's bigamy;
       ``(ii) the alien has been physically present in the United 
     States for a continuous period of not less than 3 years 
     immediately preceding the date of such application, and the 
     issuance of a charging document for removal proceedings shall 
     not toll the 3-year period of continuous physical presence in 
     the United States;
       ``(iii) the alien has been a person of good moral character 
     during such period, subject to the provisions of subparagraph 
     (C);

[[Page H8871]]

       ``(iv) the alien is not inadmissible under paragraph (2) or 
     (3) of section 212(a), is not deportable under paragraphs 
     (1)(G) or (2) through (4) of section 237(a) (except in a case 
     described in section 237(a)(7) where the Attorney General 
     exercises discretion to grant a waiver), and has not been 
     convicted of an aggravated felony; and
       ``(v) the removal would result in extreme hardship to the 
     alien, the alien's child, or the alien's parent.
       ``(B) Physical presence.--Notwithstanding subsection 
     (d)(2), for purposes of subparagraph (A)(i)(II) or for 
     purposes of section 244(a)(3) (as in effect before the title 
     III-A effective date in section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996), 
     an alien shall not be considered to have failed to maintain 
     continuous physical presence by reason of an absence if the 
     alien demonstrates a connection between the absence and the 
     battering or extreme cruelty perpetrated against the alien. 
     No absence or portion of an absence connected to the 
     battering or extreme cruelty shall count toward the 90-day or 
     180-day limits established in subsection (d)(2). If any 
     absence or aggregate absences exceed 180 days, the absences 
     or portions of the absences will not be considered to break 
     the period of continuous presence. Any such period of time 
     excluded from the 180-day limit shall be excluded in 
     computing the time during which the alien has been physically 
     present for purposes of the 3-year requirement set forth in 
     section 240A(b)(2)(B) and section 244(a)(3) (as in effect 
     before the title III-A effective date in section 309 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996).
       ``(C) Good moral character.--Notwithstanding section 
     101(f), an act or conviction that does not bar the Attorney 
     General from granting relief under this paragraph by reason 
     of subparagraph (A)(iv) shall not bar the Attorney General 
     from finding the alien to be of good moral character under 
     subparagraph (A)(i)(III) or section 244(a)(3) (as in effect 
     before the title III-A effective date in section 309 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996), if the Attorney General finds that the act or 
     conviction was connected to the alien's having been battered 
     or subjected to extreme cruelty and determines that a waiver 
     is otherwise warranted.
       ``(D) Credible evidence considered.--In acting on 
     applications under this paragraph, the Attorney General shall 
     consider any credible evidence relevant to the application. 
     The determination of what evidence is credible and the weight 
     to be given that evidence shall be within the sole discretion 
     of the Attorney General.''.
       (b) Children of Battered Aliens and Parents of Battered 
     Alien Children.--Section 240A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1229b(b)) is amended by adding at 
     the end the following:
       ``(4) Children of battered aliens and parents of battered 
     alien children.--
       ``(A) In general.--The Attorney General shall grant parole 
     under section 212(d)(5) to any alien who is a--
       ``(i) child of an alien granted relief under section 
     240A(b)(2) or 244(a)(3) (as in effect before the title III-A 
     effective date in section 309 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996); or
       ``(ii) parent of a child alien granted relief under section 
     240A(b)(2) or 244(a)(3) (as in effect before the title III-A 
     effective date in section 309 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996).
       ``(B) Duration of parole.--The grant of parole shall extend 
     from the time of the grant of relief under section 240A(b)(2) 
     or section 244(a)(3) (as in effect before the title III-A 
     effective date in section 309 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996) to the 
     time the application for adjustment of status filed by 
     aliens covered under this paragraph has been finally 
     adjudicated. Applications for adjustment of status filed 
     by aliens covered under this paragraph shall be treated as 
     if they were applications filed under section 204(a)(1) 
     (A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of 
     section 245 (a) and (c). Failure by the alien granted 
     relief under section 240A(b)(2) or section 244(a)(3) (as 
     in effect before the title III-A effective date in section 
     309 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996) to exercise due diligence in 
     filing a visa petition on behalf of an alien described in 
     clause (i) or (ii) may result in revocation of parole.''.
       (c) Effective Date.--Any individual who becomes eligible 
     for relief by reason of the enactment of the amendments made 
     by subsections (a) and (b), shall be eligible to file a 
     motion to reopen pursuant to section 240(c)(6)(C)(iv). The 
     amendments made by subsections (a) and (b) shall take effect 
     as if included in the enactment of section 304 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Public Law 104-208; 110 Stat. 587). Such portions of the 
     amendments made by subsection (b) that relate to section 
     244(a)(3) (as in effect before the title III-A effective date 
     in section 309 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996) shall take effect as if 
     included in subtitle G of title IV of the Violent Crime 
     Control and Law Enforcement Act of 1994 (Public Law 103-322; 
     108 Stat. 1953 et seq.).

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

       (a) Battered Immigrant Waiver.--Section 212(a)(9)(C)(ii) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(C)(ii)) is amended by adding at the end the 
     following: ``The Attorney General in the Attorney General's 
     discretion may waive the provisions of section 
     212(a)(9)(C)(i) in the case of an alien to whom the Attorney 
     General has granted classification under clause (iii), (iv), 
     or (v) of section 204(a)(1)(A), or classification under 
     clause (ii), (iii), or (iv) of section 204(a)(1)(B), in any 
     case in which there is a connection between--
       ``(1) the alien's having been battered or subjected to 
     extreme cruelty; and
       ``(2) the alien's--
       ``(A) removal;
       ``(B) departure from the United States;
       ``(C) reentry or reentries into the United States; or
       ``(D) attempted reentry into the United States.''.
       (b) Domestic Violence Victim Waiver.--
       (1) Waiver for victims of domestic violence.--Section 
     237(a) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)) is amended by inserting at the end the following:
       ``(7) Waiver for victims of domestic violence.--
       ``(A) In general.--The Attorney General is not limited by 
     the criminal court record and may waive the application of 
     paragraph (2)(E)(i) (with respect to crimes of domestic 
     violence and crimes of stalking) and (ii) in the case of an 
     alien who has been battered or subjected to extreme cruelty 
     and who is not and was not the primary perpetrator of 
     violence in the relationship--
       ``(i) upon a determination that--

       ``(I) the alien was acting is self-defense;
       ``(II) the alien was found to have violated a protection 
     order intended to protect the alien; or
       ``(III) the alien committed, was arrested for, was 
     convicted of, or pled guilty to committing a crime--

       ``(aa) that did not result in serious bodily injury; and
       ``(bb) where there was a connection between the crime and 
     the alien's having been battered or subjected to extreme 
     cruelty.
       ``(B) Credible evidence considered.--In acting on 
     applications under this paragraph, the Attorney General shall 
     consider any credible evidence relevant to the application. 
     The determination of what evidence is credible and the weight 
     to be given that evidence shall be within the sole discretion 
     of the Attorney General.''.
       (2) Conforming amendment.--Section 240A(b)(1)(C) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is 
     amended by inserting ``(except in a case described in section 
     237(a)(7) where the Attorney General exercises discretion to 
     grant a waiver)'' after ``237(a)(3)''.
       (c) Misrepresentation Waivers for Battered Spouses of 
     United States Citizens and Lawful Permanent Residents.--
       (1) Waiver of inadmissibility.--Section 212(i)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is 
     amended by inserting before the period at the end the 
     following: ``or, in the case of an alien granted 
     classification under clause (iii) or (iv) of section 
     204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B), 
     the alien demonstrates extreme hardship to the alien or the 
     alien's United States citizen, lawful permanent resident, or 
     qualified alien parent or child''.
       (2) Waiver of deportability.--Section 237(a)(1)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is 
     amended--
       (A) in clause (i), by inserting ``(I)'' after ``(i)'';
       (B) by redesignating clause (ii) as subclause (II); and
       (C) by adding after clause (i) the following:
       ``(ii) is an alien who qualifies for classification under 
     clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) 
     or (iii) of section 204(a)(1)(B).''.
       (d) Battered Immigrant Waiver.--Section 212(g)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is 
     amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by adding ``or'' at the end; and
       (3) by inserting after subparagraph (B) the following:
       ``(C) qualifies for classification under clause (iii) or 
     (iv) of section 204(a)(1)(A) or classification under clause 
     (ii) or (iii) of section 204(a)(1)(B);''.
       (e) Waivers for VAWA Eligible Battered Immigrants.--Section 
     212(h)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1182(h)(1)) is amended--
       (1) in subparagraph (B), by striking ``and'' and inserting 
     ``or''; and
       (2) by adding at the end the following:
       ``(C) the alien qualifies for classification under clause 
     (iii) or (iv) of section 204(a)(1)(A) or classification under 
     clause (ii) or (iii) of section 204(a)(1)(B); and''.
       (f) Public Charge.--Section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182) is amended by adding at the 
     end the following:
       ``(p) In determining whether an alien described in 
     subsection (a)(4)(C)(i) is inadmissible under subsection 
     (a)(4) or ineligible to receive an immigrant visa or 
     otherwise to adjust to the status of permanent resident by 
     reason of subsection (a)(4), the consular officer or the 
     Attorney General shall not consider any benefits the alien 
     may have received that were authorized under section 501 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1641(c)).''.
       (g) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary of the Senate and 
     the House of Representatives covering, with respect to fiscal 
     year 1997 and each fiscal year thereafter--
       (1) the policy and procedures of the Immigration and 
     Naturalization Service under which an alien who has been 
     battered or subjected to extreme cruelty who is eligible for 
     suspension of deportation or cancellation of removal can 
     request to be placed, and be placed, in deportation or 
     removal proceedings so that such alien may apply for 
     suspension of deportation or cancellation of removal;

[[Page H8872]]

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

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

       (a) Removing Barriers to Adjustment of Status for Victims 
     of Domestic Violence.--
       (1) Immigration amendments.--Section 245 of the Immigration 
     and Nationality Act (8 U.S.C. 1255) is amended--
       (A) in subsection (a), by inserting ``or the status of any 
     other alien having an approved petition for classification 
     under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(1) or'' after ``into the United States.''; and
       (B) in subsection (c), by striking ``Subsection (a) shall 
     not be applicable to'' and inserting the following: ``Other 
     than an alien having an approved petition for classification 
     under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), 
     (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1), 
     subsection (a) shall not be applicable to''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications for adjustment of status pending 
     on or made on or after January 14, 1998.
       (b) Removing Barriers to Cancellation of Removal and 
     Suspension of Deportation for Victims of Domestic Violence.--
       (1) Not treating service of notice as terminating 
     continuous period.--Section 240A(d)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking 
     ``when the alien is served a notice to appear under section 
     239(a) or'' and inserting ``(A) except in the case of an 
     alien who applies for cancellation of removal under 
     subsection (b)(2), when the alien is served a notice to 
     appear under section 239(a), or (B)''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if included in the enactment of section 
     304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     587).
       (3) Modification of certain transition rules for battered 
     spouse or child.--Section 309(c)(5)(C) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note) is amended--
       (A) by striking the subparagraph heading and inserting the 
     following:
       ``(C) Special rule for certain aliens granted temporary 
     protection from deportation and for battered spouses and 
     children.--''; and
       (B) in clause (i)--
       (i) in subclause (IV), by striking ``or'' at the end;
       (ii) in subclause (V), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:

       ``(VI) is an alien who was issued an order to show cause or 
     was in deportation proceedings before April 1, 1997, and who 
     applied for suspension of deportation under section 244(a)(3) 
     of the Immigration and Nationality Act (as in effect before 
     the date of the enactment of this Act).''.

       (4) Effective date.--The amendments made by paragraph (3) 
     shall take effect as if included in the enactment of section 
     309 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1101 note).
       (c) Eliminating Time Limitations on Motions To Reopen 
     Removal and Deportation Proceedings for Victims of Domestic 
     Violence.--
       (1) Removal proceedings.--
       (A) In general.--Section 240(c)(6)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by 
     adding at the end the following:
       ``(iv) Special rule for battered spouses and children.--The 
     deadline specified in subsection (b)(5)(C) for filing a 
     motion to reopen does not apply--

       ``(I) if the basis for the motion is to apply for relief 
     under clause (iii) or (iv) of section 204(a)(1)(A), clause 
     (ii) or (iii) of section 204(a)(1)(B), or section 240A(b)(2);
       ``(II) if the motion is accompanied by a cancellation of 
     removal application to be filed with the Attorney General or 
     by a copy of the self-petition that has been or will be filed 
     with the Immigration and Naturalization Service upon the 
     granting of the motion to reopen; and
       ``(III) if the motion to reopen is filed within 1 year of 
     the entry of the final order of removal, except that the 
     Attorney General may, in the Attorney General's discretion, 
     waive this time limitation in the case of an alien who 
     demonstrates extraordinary circumstances or extreme hardship 
     to the alien's child.''.

       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect as if included in the enactment of section 
     304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1229-1229c).
       (2) Deportation proceedings.--
       (A) In general.--Notwithstanding any limitation imposed by 
     law on motions to reopen or rescind deportation proceedings 
     under the Immigration and Nationality Act (as in effect 
     before the title III-A effective date in section 309 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1101 note)), there is no time limit on the 
     filing of a motion to reopen such proceedings, and the 
     deadline specified in section 242B(c)(3) of the Immigration 
     and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) 
     does not apply--
       (i) if the basis of the motion is to apply for relief under 
     clause (iii) or (iv) of section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), 
     clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 
     U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as 
     so in effect) (8 U.S.C. 1254(a)(3)); and
       (ii) if the motion is accompanied by a suspension of 
     deportation application to be filed with the Attorney General 
     or by a copy of the self-petition that will be filed with the 
     Immigration and Naturalization Service upon the granting of 
     the motion to reopen.
       (B) Applicability.--Subparagraph (A) shall apply to motions 
     filed by aliens who--
       (i) are, or were, in deportation proceedings under the 
     Immigration and Nationality Act (as in effect before the 
     title III-A effective date in section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note)); and
       (ii) have become eligible to apply for relief under clause 
     (iii) or (iv) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or 
     (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 
     1154(a)(1)(B)), or section 244(a)(3) of such Act (as in 
     effect before the title III-A effective date in section 309 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1101 note)) as a 
     result of the amendments made by--

       (I) subtitle G of title IV of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
     1953 et seq.); or
       (II) this title.

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

       (a) Effect of Changes in Abusers' Citizenship Status on 
     Self-Petition.--
       (1) Reclassification.--Section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as 
     amended by section 1503(b)(3) of this title) is amended by 
     adding at the end the following:
       ``(vi) For the purposes of any petition filed under clause 
     (iii) or (iv), the denaturalization, loss or renunciation of 
     citizenship, death of the abuser, divorce, or changes to the 
     abuser's citizenship status after filing of the petition 
     shall not adversely affect the approval of the petition, and 
     for approved petitions shall not preclude the classification 
     of the eligible self-petitioning spouse or child as an 
     immediate relative or affect the alien's ability to adjust 
     status under subsections (a) and (c) of section 245 or obtain 
     status as a lawful permanent resident based on the approved 
     self-petition under such clauses.''.
       (2) Loss of status.--Section 204(a)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as 
     amended by section 1503(c)(3) of this title) is amended by 
     adding at the end the following:
       ``(v)(I) For the purposes of any petition filed or approved 
     under clause (ii) or (iii), divorce, or the loss of lawful 
     permanent resident status by a spouse or parent after the 
     filing of a petition under that clause shall not adversely 
     affect approval of the petition, and, for an approved 
     petition, shall not affect the alien's ability to adjust 
     status under subsections (a) and (c) of section 245 or obtain 
     status as a lawful permanent resident based on an approved 
     self-petition under clause (ii) or (iii).
       ``(II) Upon the lawful permanent resident spouse or parent 
     becoming or establishing the existence of United States 
     citizenship through naturalization, acquisition of 
     citizenship, or other means, any petition filed with the 
     Immigration and Naturalization Service and pending or 
     approved under clause (ii) or (iii) on behalf of an alien who 
     has been battered or subjected to extreme cruelty shall be 
     deemed reclassified as a petition filed under subparagraph 
     (A) even if the acquisition of citizenship occurs after 
     divorce or termination of parental rights.''.
       (3) Definition of immediate relatives.--Section 
     201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1154(b)(2)(A)(i)) is amended by adding at the end the 
     following: ``For purposes of this clause, an alien who has 
     filed a petition under clause (iii) or (iv) of section 
     204(a)(1)(A) of this Act remains an immediate relative in the 
     event that the United States citizen spouse or parent loses 
     United States citizenship on account of the abuse.''.
       (b) Allowing Remarriage of Battered Immigrants.--Section 
     204(h) of the Immigration and Nationality Act (8 U.S.C. 
     1154(h)) is amended by adding at the end the following: 
     ``Remarriage of an alien whose petition was approved under 
     section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or marriage of 
     an alien described in clause (iv) or (vi) of section 
     204(a)(1)(A) or in section 204(a)(1)(B)(iii) shall not be the 
     basis for revocation of a petition approval under section 
     205.''.

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

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

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

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

[[Page H8873]]

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

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

       (a) Adjustment of Status of Certain Nicaraguan and Cuban 
     Battered Spouses.--Section 202(d) of the Nicaraguan 
     Adjustment and Central American Relief Act (8 U.S.C. 1255 
     note; Public Law 105-100, as amended) is amended--
       (1) in paragraph (1), by striking subparagraph (B) and 
     inserting the following:
       ``(B) the alien--
       ``(i) is the spouse, child, or unmarried son or daughter of 
     an alien whose status is adjusted to that of an alien 
     lawfully admitted for permanent residence under subsection 
     (a), except that in the case of such an unmarried son or 
     daughter, the son or daughter shall be required to establish 
     that the son or daughter has been physically present in the 
     United States for a continuous period beginning not later 
     than December 1, 1995, and ending not earlier than the date 
     on which the application for adjustment under this subsection 
     is filed; or
       ``(ii) was, at the time at which an alien filed for 
     adjustment under subsection (a), the spouse or child of an 
     alien whose status is adjusted to that of an alien lawfully 
     admitted for permanent residence under subsection (a), and 
     the spouse, child, or child of the spouse has been battered 
     or subjected to extreme cruelty by the alien that filed for 
     adjustment under subsection (a);''; and
       (2) by adding at the end the following:
       ``(3) Procedure.--In acting on an application under this 
     section with respect to a spouse or child who has been 
     battered or subjected to extreme cruelty, the Attorney 
     General shall apply section 204(a)(1)(H).''.
       (b) Cancellation of Removal and Suspension of Deportation 
     Transition Rules for Certain Battered Spouses.--Section 
     309(c)(5)(C) of the Illegal Immigration and Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1101 note) (as amended by section 
     1506(b)(3) of this title) is amended--
       (1) in clause (i)--
       (A) by striking the period at the end of subclause (VI) (as 
     added by section 1506(b)(3) of this title) and inserting ``; 
     or''; and
       (B) by adding at the end the following:

       ``(VII)(aa) was the spouse or child of an alien described 
     in subclause (I), (II), or (V)--

       ``(AA) at the time at which a decision is rendered to 
     suspend the deportation or cancel the removal of the alien;
       ``(BB) at the time at which the alien filed an application 
     for suspension of deportation or cancellation of removal; or
       ``(CC) at the time at which the alien registered for 
     benefits under the settlement agreement in American Baptist 
     Churches, et. al. v. Thornburgh (ABC), applied for temporary 
     protected status, or applied for asylum; and

       ``(bb) the spouse, child, or child of the spouse has been 
     battered or subjected to extreme cruelty by the alien 
     described in subclause (I), (II), or (V).''; and

       (2) by adding at the end the following:
       ``(iii) Consideration of petitions.--In acting on a 
     petition filed under subclause (VII) of clause (i) the 
     provisions set forth in section 204(a)(1)(H) shall apply.
       ``(iv) Residence with spouse or parent not required.--For 
     purposes of the application of clause (i)(VII), a spouse or 
     child shall not be required to demonstrate that he or she is 
     residing with the spouse or parent in the United States.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall be effective as if included in the Nicaraguan 
     Adjustment and Central American Relief Act (8 U.S.C. 1255 
     note; Public Law 105-100, as amended).

     SEC. 1511. ACCESS TO THE HAITIAN REFUGEE FAIRNESS ACT OF 1998 
                   FOR BATTERED SPOUSES AND CHILDREN.

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

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

       (a) Law Enforcement and Prosecution Grants.--Section 
     2001(b) of part T of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) (as amended by 
     section 1209(c) of this division) is amended by adding at the 
     end the following:
       ``(11) providing assistance to victims of domestic violence 
     and sexual assault in immigration matters.''.
       (b) Grants To Encourage Arrests.--Section 2101(b)(5) of 
     part U of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796hh(b)(5)) is amended by 
     inserting before the period the following: ``, including 
     strengthening assistance to such victims in immigration 
     matters''.
       (c) Rural Domestic Violence and Child Abuse Enforcement 
     Grants.--Section 40295(a)(2) of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
     1953; 42 U.S.C. 13971(a)(2)) is amended to read as follows:
       ``(2) to provide treatment, counseling, and assistance to 
     victims of domestic violence and child abuse, including in 
     immigration matters; and''.
       (d) Campus Domestic Violence Grants.--Section 826(b)(5) of 
     the Higher Education Amendments of 1998 (Public Law 105-244; 
     20 U.S.C. 1152) is amended by inserting before the period at 
     the end the following: ``, including assistance to victims in 
     immigration matters''.

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

       (a) Findings and Purpose.--
       (1) Findings.--Congress makes the following findings:
       (A) Immigrant women and children are often targeted to be 
     victims of crimes committed against them in the United 
     States, including rape, torture, kidnaping, trafficking, 
     incest, domestic violence, sexual assault, female genital 
     mutilation, forced prostitution, involuntary servitude, being 
     held hostage or being criminally restrained.
       (B) All women and children who are victims of these crimes 
     committed against them in the United States must be able to 
     report these crimes to law enforcement and fully participate 
     in the investigation of the crimes committed against them and 
     the prosecution of the perpetrators of such crimes.
       (2) Purpose.--
       (A) The purpose of this section is to create a new 
     nonimmigrant visa classification that will strengthen the 
     ability of law enforcement agencies to detect, investigate, 
     and prosecute cases of domestic violence, sexual assault, 
     trafficking of aliens, and other crimes described in section 
     101(a)(15)(U)(iii) of the Immigration and Nationality Act 
     committed against aliens, while offering protection to 
     victims of such offenses in keeping with the humanitarian 
     interests of the United States. This visa will encourage law 
     enforcement officials to better serve immigrant crime victims 
     and to prosecute crimes committed against aliens.
       (B) Creating a new nonimmigrant visa classification will 
     facilitate the reporting of crimes to law enforcement 
     officials by trafficked, exploited, victimized, and abused 
     aliens who are not in lawful immigration status. It also 
     gives law enforcement officials a means to regularize the 
     status of cooperating individuals during investigations or 
     prosecutions. Providing temporary legal status to aliens who 
     have been severely victimized by criminal activity also 
     comports with the humanitarian interests of the United 
     States.
       (C) Finally, this section gives the Attorney General 
     discretion to convert the status of such nonimmigrants to 
     that of permanent residents when doing so is justified on 
     humanitarian grounds, for family unity, or is otherwise in 
     the public interest.
       (b) Establishment of Humanitarian/Material Witness 
     Nonimmigrant Classification.--Section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) (as 
     amended by section 107 of this Act) is amended--
       (1) by striking ``or'' at the end of subparagraph (S);
       (2) by striking the period at the end of subparagraph (T) 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(U)(i) subject to section 214(o), an alien who files a 
     petition for status under this subparagraph, if the Attorney 
     General determines that--
       ``(I) the alien has suffered substantial physical or mental 
     abuse as a result of having been a victim of criminal 
     activity described in clause (iii);
       ``(II) the alien (or in the case of an alien child under 
     the age of 16, the parent, guardian, or next friend of the 
     alien) possesses information concerning criminal activity 
     described in clause (iii);
       ``(III) the alien (or in the case of an alien child under 
     the age of 16, the parent, guardian, or next friend of the 
     alien) has been helpful, is being helpful, or is likely to be 
     helpful to a Federal, State, or local law enforcement 
     official, to a Federal, State, or local prosecutor, to a 
     Federal or State judge, to the Service, or to other Federal, 
     State, or local authorities investigating or prosecuting 
     criminal activity described in clause (iii); and
       ``(IV) the criminal activity described in clause (iii) 
     violated the laws of the United States or occurred in the 
     United States (including in Indian country and military 
     installations) or the territories and possessions of the 
     United States;
       ``(ii) if the Attorney General considers it necessary to 
     avoid extreme hardship to the spouse, the child, or, in the 
     case of an alien child, the

[[Page H8874]]

     parent of the alien described in clause (i), the Attorney 
     General may also grant status under this paragraph based upon 
     certification of a government official listed in clause 
     (i)(III) that an investigation or prosecution would be harmed 
     without the assistance of the spouse, the child, or, in the 
     case of an alien child, the parent of the alien; and
       ``(iii) the criminal activity referred to in this clause is 
     that involving one or more of the following or any similar 
     activity in violation of Federal, State, or local criminal 
     law: rape; torture; trafficking; incest; domestic violence; 
     sexual assault; abusive sexual contact; prostitution; sexual 
     exploitation; female genital mutilation; being held hostage; 
     peonage; involuntary servitude; slave trade; kidnapping; 
     abduction; unlawful criminal restraint; false imprisonment; 
     blackmail; extortion; manslaughter; murder; felonious 
     assault; witness tampering; obstruction of justice; perjury; 
     or attempt, conspiracy, or solicitation to commit any of the 
     above mentioned crimes.''.
       (c) Conditions for Admission and Duties of the Attorney 
     General.--Section 214 of such Act (8 U.S.C. 1184) (as amended 
     by section 107 of this Act) is amended by adding at the end 
     the following new subsection:
       ``(o) Requirements Applicable to Section 101(a)(15)(u) 
     Visas.--
       ``(1) Petitioning procedures for section 101(a)(15)(u) 
     visas.--The petition filed by an alien under section 
     101(a)(15)(U)(i) shall contain a certification from a 
     Federal, State, or local law enforcement official, 
     prosecutor, judge, or other Federal, State, or local 
     authority investigating criminal activity described in 
     section 101(a)(15)(U)(iii). This certification may also be 
     provided by an official of the Service whose ability to 
     provide such certification is not limited to information 
     concerning immigration violations. This certification shall 
     state that the alien ``has been helpful, is being helpful, or 
     is likely to be helpful'' in the investigation or prosecution 
     of criminal activity described in section 101(a)(15)(U)(iii).
       ``(2) Numerical limitations.--
       ``(A) The number of aliens who may be issued visas or 
     otherwise provided status as nonimmigrants under section 
     101(a)(15)(U) in any fiscal year shall not exceed 10,000.
       ``(B) The numerical limitations in subparagraph (A) shall 
     only apply to principal aliens described in section 
     101(a)(15)(U)(i), and not to spouses, children, or, in the 
     case of alien children, the alien parents of such children.
       ``(3) Duties of the attorney general with respect to `u' 
     visa nonimmigrants.--With respect to nonimmigrant aliens 
     described in subsection (a)(15)(U)--
       ``(A) the Attorney General and other government officials, 
     where appropriate, shall provide those aliens with referrals 
     to nongovernmental organizations to advise the aliens 
     regarding their options while in the United States and the 
     resources available to them; and
       ``(B) the Attorney General shall, during the period those 
     aliens are in lawful temporary resident status under that 
     subsection, provide the aliens with employment authorization.
       ``(4) Credible evidence considered.--In acting on any 
     petition filed under this subsection, the consular officer or 
     the Attorney General, as appropriate, shall consider any 
     credible evidence relevant to the petition.
       ``(5) Nonexclusive relief.--Nothing in this subsection 
     limits the ability of aliens who qualify for status under 
     section 101(a)(15)(U) to seek any other immigration benefit 
     or status for which the alien may be eligible.''.
       (d) Prohibition on Adverse Determinations of Admissibility 
     or Deportability.--Section 384(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 is amended--
       (1) by striking ``or'' at the end of paragraph (1)(C);
       (2) by striking the comma at the end of paragraph (1)(D) 
     and inserting ``, or''; and
       (3) by inserting after paragraph (1)(D) the following new 
     subparagraph:
       ``(E) in the case of an alien applying for status under 
     section 101(a)(15)(U) of the Immigration and Nationality Act, 
     the perpetrator of the substantial physical or mental abuse 
     and the criminal activity,''; and
       (4) in paragraph (2), by inserting ``section 
     101(a)(15)(U),'' after ``section 216(c)(4)(C),''.
       (e) Waiver of Grounds of Ineligibility for Admission.--
     Section 212(d) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)) is amended by adding at the end the following 
     new paragraph:
       ``(13) The Attorney General shall determine whether a 
     ground of inadmissibility exists with respect to a 
     nonimmigrant described in section 101(a)(15)(U). The Attorney 
     General, in the Attorney General's discretion, may waive the 
     application of subsection (a) (other than paragraph (3)(E)) 
     in the case of a nonimmigrant described in section 
     101(a)(15)(U), if the Attorney General considers it to be in 
     the public or national interest to do so.''.
       (f) Adjustment to Permanent Resident Status.--Section 245 
     of such Act (8 U.S.C. 1255) is amended by adding at the end 
     the following new subsection:
       ``(l)(1) The Attorney General may adjust the status of an 
     alien admitted into the United States (or otherwise provided 
     nonimmigrant status) under section 101(a)(15)(U) to that of 
     an alien lawfully admitted for permanent residence if the 
     alien is not described in section 212(a)(3)(E), unless the 
     Attorney General determines based on affirmative evidence 
     that the alien unreasonably refused to provide assistance in 
     a criminal investigation or prosecution, if--
       ``(A) the alien has been physically present in the United 
     States for a continuous period of at least 3 years since the 
     date of admission as a nonimmigrant under clause (i) or (ii) 
     of section 101(a)(15)(U); and
       ``(B) in the opinion of the Attorney General, the alien's 
     continued presence in the United States is justified on 
     humanitarian grounds, to ensure family unity, or is otherwise 
     in the public interest.
       ``(2) An alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under paragraph (1)(A) if the alien has departed from the 
     United States for any period in excess of 90 days or for any 
     periods in the aggregate exceeding 180 days unless the 
     absence is in order to assist in the investigation or 
     prosecution or unless an official involved in the 
     investigation or prosecution certifies that the absence was 
     otherwise justified.
       ``(3) Upon approval of adjustment of status under paragraph 
     (1) of an alien described in section 101(a)(15)(U)(i) the 
     Attorney General may adjust the status of or issue an 
     immigrant visa to a spouse, a child, or, in the case of an 
     alien child, a parent who did not receive a nonimmigrant visa 
     under section 101(a)(15)(U)(ii) if the Attorney General 
     considers the grant of such status or visa necessary to avoid 
     extreme hardship.
       ``(4) Upon the approval of adjustment of status under 
     paragraph (1) or (3), the Attorney General shall record the 
     alien's lawful admission for permanent residence as of the 
     date of such approval.''.
                        TITLE VI--MISCELLANEOUS

     SEC. 1601. NOTICE REQUIREMENTS FOR SEXUALLY VIOLENT 
                   OFFENDERS.

       (a) Short Title.--This section may be cited as the ``Campus 
     Sex Crimes Prevention Act''.
       (b) Notice With Respect to Institutions of Higher 
     Education.--
       (1) In general.--Section 170101 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is 
     amended by adding at the end the following:
       ``(j) Notice of Enrollment at or Employment by Institutions 
     of Higher Education.--
       ``(1) Notice by offenders.--
       ``(A) In general.--In addition to any other requirements of 
     this section, any person who is required to register in a 
     State shall provide notice as required under State law--
       ``(i) of each institution of higher education in that State 
     at which the person is employed, carries on a vocation, or is 
     a student; and
       ``(ii) of each change in enrollment or employment status of 
     such person at an institution of higher education in that 
     State.
       ``(B) Change in status.--A change in status under 
     subparagraph (A)(ii) shall be reported by the person in the 
     manner provided by State law. State procedures shall ensure 
     that the updated information is promptly made available to a 
     law enforcement agency having jurisdiction where such 
     institution is located and entered into the appropriate State 
     records or data system.
       ``(2) State reporting.--State procedures shall ensure that 
     the registration information collected under paragraph (1)--
       ``(A) is promptly made available to a law enforcement 
     agency having jurisdiction where such institution is located; 
     and
       ``(B) entered into the appropriate State records or data 
     system.
       ``(3) Request.--Nothing in this subsection shall require an 
     educational institution to request such information from any 
     State.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect 2 years after the date of enactment of this 
     Act.
       (c) Disclosures by Institutions of Higher Education.--
       (1) In general.--Section 485(f)(1) of the Higher Education 
     Act of 1965 (20 U.S.C. 1092(f)(1)) is amended by adding at 
     the end the following:
       ``(I) A statement advising the campus community where law 
     enforcement agency information provided by a State under 
     section 170101(j) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14071(j)), concerning 
     registered sex offenders may be obtained, such as the law 
     enforcement office of the institution, a local law 
     enforcement agency with jurisdiction for the campus, or a 
     computer network address.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect 2 years after the date of enactment of this 
     Act.
       (d) Amendment to Family Educational Rights and Privacy Act 
     of 1974.--Section 444(b) of the General Education Provisions 
     Act (20 U.S.C. 1232g(b)), also known as the Family 
     Educational Rights and Privacy Act of 1974, is amended by 
     adding at the end the following:
       ``(7)(A) Nothing in this section may be construed to 
     prohibit an educational institution from disclosing 
     information provided to the institution under section 170101 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (42 U.S.C. 14071) concerning registered sex offenders who are 
     required to register under such section.
       ``(B) The Secretary shall take appropriate steps to notify 
     educational institutions that disclosure of information 
     described in subparagraph (A) is permitted.''.

     SEC. 1602. TEEN SUICIDE PREVENTION STUDY.

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

[[Page H8875]]

       (ii) the development of model treatment programs for the 
     youth;
       (C) include a pilot study of the outcomes of treatment for 
     juvenile delinquents with mental health or substance abuse 
     problems;
       (D) include a public education approach to combat the 
     negative effects of the stigma of, and discrimination against 
     individuals with, mental health and substance abuse problems; 
     and
       (E) include a nationwide effort to develop, implement, and 
     evaluate a mental health awareness program for schools, 
     communities, and families;
       (3) although numerous symptoms, diagnoses, traits, 
     characteristics, and psychosocial stressors of suicide have 
     been investigated, no single factor or set of factors has 
     ever come close to predicting suicide with accuracy;
       (4) research of United States youth, such as a 1994 study 
     by Lewinsohn, Rohde, and Seeley, has shown predictors of 
     suicide, such as a history of suicide attempts, current 
     suicidal ideation and depression, a recent attempt or 
     completed suicide by a friend, and low self-esteem; and
       (5) epidemiological data illustrate--
       (A) the trend of suicide at younger ages as well as 
     increases in suicidal ideation among youth in the United 
     States; and
       (B) distinct differences in approaches to suicide by 
     gender, with--
       (i) 3 to 5 times as many females as males attempting 
     suicide; and
       (ii) 3 to 5 times as many males as females completing 
     suicide.
       (c) Purpose.--The purpose of this section is to provide for 
     a study of predictors of suicide among at-risk and other 
     youth, and barriers that prevent the youth from receiving 
     treatment, to facilitate the development of model treatment 
     programs and public education and awareness efforts.
       (d) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall carry out, directly or by grant or contract, a 
     study that is designed to identify--
       (1) the characteristics of at-risk and other youth age 13 
     through 21 who are contemplating suicide;
       (2) the characteristics of at-risk and other youth who are 
     younger than age 13 and are contemplating suicide; and
       (3) the barriers that prevent youth described in paragraphs 
     (1) and (2) from receiving treatment.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary.

     SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH.

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

     SEC. 2001. AIMEE'S LAW

       (a) Short Title.--This section may be cited as ``Aimee's 
     Law''.
       (b) Definitions.--In this section:
       (1) Dangerous sexual offense.--The term ``dangerous sexual 
     offense'' means any offense under State law for conduct that 
     would constitute an offense under chapter 109A of title 18, 
     United States Code, had the conduct occurred in the special 
     maritime and territorial jurisdiction of the United States or 
     in a Federal prison.
       (2) Murder.--The term ``murder'' has the meaning given the 
     term in part I of the Uniform Crime Reports of the Federal 
     Bureau of Investigation.
       (3) Rape.--The term ``rape'' has the meaning given the term 
     in part I of the Uniform Crime Reports of the Federal Bureau 
     of Investigation.
       (c) Penalty.--
       (1) Single state.--In any case in which a State convicts an 
     individual of murder, rape, or a dangerous sexual offense, 
     who has a prior conviction for any one of those offenses in a 
     State described in paragraph (3), the Attorney General shall 
     transfer an amount equal to the costs of incarceration, 
     prosecution, and apprehension of that individual, from 
     Federal law enforcement assistance funds that have been 
     allocated to but not distributed to the State that convicted 
     the individual of the prior offense, to the State account 
     that collects Federal law enforcement assistance funds of the 
     State that convicted that individual of the subsequent 
     offense.
       (2) Multiple states.--In any case in which a State convicts 
     an individual of murder, rape, or a dangerous sexual offense, 
     who has a prior conviction for any one or more of those 
     offenses in more than one other State described in paragraph 
     (3), the Attorney General shall transfer an amount equal to 
     the costs of incarceration, prosecution, and apprehension of 
     that individual, from Federal law enforcement assistance 
     funds that have been allocated to but not distributed to each 
     State that convicted such individual of the prior offense, to 
     the State account that collects Federal law enforcement 
     assistance funds of the State that convicted that individual 
     of the subsequent offense.
       (3) State described.--A State is described in this 
     paragraph if--
       (A) the average term of imprisonment imposed by the State 
     on individuals convicted of the offense for which the 
     individual described in paragraph (1) or (2), as applicable, 
     was convicted by the State is less than the average term of 
     imprisonment imposed for that offense in all States; or
       (B) with respect to the individual described in paragraph 
     (1) or (2), as applicable, the individual had served less 
     than 85 percent of the term of imprisonment to which that 
     individual was sentenced for the prior offense.
     For purposes of subparagraph (B), in a State that has 
     indeterminate sentencing, the term of imprisonment to which 
     that individual was sentenced for the prior offense shall be 
     based on the lower of the range of sentences.
       (d) State Applications.--In order to receive an amount 
     transferred under subsection (c), the chief executive of a 
     State shall submit to the Attorney General an application, in 
     such form and containing such information as the Attorney 
     General may reasonably require, which shall include a 
     certification that the State has convicted an individual of 
     murder, rape, or a dangerous sexual offense, who has a prior 
     conviction for one of those offenses in another State.
       (e) Source of Funds.--
       (1) In general.--Any amount transferred under subsection 
     (c) shall be derived by reducing the amount of Federal law 
     enforcement assistance funds received by the State that 
     convicted such individual of the prior offense before the 
     distribution of the funds to the State. The Attorney General 
     shall provide the State with an opportunity to select the 
     specific Federal law enforcement assistance funds to be so 
     reduced (other than Federal crime victim assistance funds).
       (2) Payment schedule.--The Attorney General, in 
     consultation with the chief executive of the State that 
     convicted such individual of the prior offense, shall 
     establish a payment schedule.
       (f) Construction.--Nothing in this section may be construed 
     to diminish or otherwise affect any court ordered 
     restitution.
       (g) Exception.--This section does not apply if the 
     individual convicted of murder, rape, or a dangerous sexual 
     offense has been released from prison upon the reversal of a 
     conviction for an offense described in subsection (c) and 
     subsequently been convicted for an offense described in 
     subsection (c).
       (h) Report.--The Attorney General shall--
       (1) conduct a study evaluating the implementation of this 
     section; and
       (2) not later than October 1, 2006, submit to Congress a 
     report on the results of that study.
       (i) Collection of Recidivism Data.--
       (1) In general.--Beginning with calendar year 2002, and 
     each calendar year thereafter, the Attorney General shall 
     collect and maintain information relating to, with respect to 
     each State--
       (A) the number of convictions during that calendar year 
     for--
       (i) any dangerous sexual offense;
       (ii) rape; and
       (iii) murder; and
       (B) the number of convictions described in subparagraph (A) 
     that constitute second or subsequent convictions of the 
     defendant of an offense described in that subparagraph.
       (2) Report.--Not later than March 1, 2003, and on March 1 
     of each year thereafter, the Attorney General shall submit to 
     Congress a report, which shall include--
       (A) the information collected under paragraph (1) with 
     respect to each State during the preceding calendar year; and
       (B) the percentage of cases in each State in which an 
     individual convicted of an offense described in paragraph 
     (1)(A) was previously convicted of another such offense in 
     another State during the preceding calendar year.
       (j) Effective Date.--This section shall take effect on 
     January 1, 2002.

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

       (a) Payments.--
       (1) In general.--Subject to subsections (b) and (c), the 
     Secretary of the Treasury shall pay each person described in 
     paragraph (2), at the person's election--
       (A) 110 percent of compensatory damages awarded by judgment 
     of a court on a claim or claims brought by the person under 
     section 1605(a)(7) of title 28, United States Code, plus 
     amounts necessary to pay post-judgment interest under section 
     1961 of such title, and, in the case of a claim or claims 
     against Cuba, amounts awarded as sanctions by judicial order 
     on April 18, 2000 (as corrected on June 2, 2000), subject to 
     final appellate review of that order; or
       (B) 100 percent of the compensatory damages awarded by 
     judgment of a court on a claim or claims brought by the 
     person under section 1605(a)(7) of title 28, United States 
     Code, plus amounts necessary to pay post-judgment interest, 
     as provided in section 1961 of such title, and, in the case 
     of a claim or claims against Cuba, amounts awarded as 
     sanctions by judicial order on April 18, 2000 (as corrected 
     June 2, 2000), subject to final appellate review of that 
     order.

     Payments under this subsection shall be made promptly upon 
     request.
       (2) Persons covered.--A person described in this paragraph 
     is a person who--
       (A)(i) as of July 20, 2000, held a final judgment for a 
     claim or claims brought under section 1605(a)(7) of title 28, 
     United States Code, against Iran or Cuba, or the right to 
     payment of an amount awarded as a judicial sanction with 
     respect to such claim or claims; or
       (ii) filed a suit under such section 1605(a)(7) on February 
     17, 1999, June 7, 1999, January 28, 2000, March 15, 2000, or 
     July 27, 2000;
       (B) relinquishes all claims and rights to compensatory 
     damages and amounts awarded as judicial sanctions under such 
     judgments;
       (C) in the case of payment under paragraph (1)(A), 
     relinquishes all rights and claims to punitive damages 
     awarded in connection with such claim or claims; and
       (D) in the case of payment under paragraph (1)(B), 
     relinquishes all rights to execute against or attach property 
     that is at issue in claims against the United States before 
     an international tribunal, that is the subject of awards 
     rendered by such tribunal, or that is subject to section 
     1610(f)(1)(A) of title 28, United States Code.
       (b) Funding of Amounts.--
       (1) Judgments against cuba.--For purposes of funding the 
     payments under subsection (a) in

[[Page H8876]]

     the case of judgments and sanctions entered against the 
     Government of Cuba or Cuban entities, the President shall 
     vest and liquidate up to and not exceeding the amount of 
     property of the Government of Cuba and sanctioned entities in 
     the United States or any commonwealth, territory, or 
     possession thereof that has been blocked pursuant to section 
     5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), 
     sections 202 and 203 of the International Emergency Economic 
     Powers Act (50 U.S.C. 1701-1702), or any other proclamation, 
     order, or regulation issued thereunder. For the purposes of 
     paying amounts for judicial sanctions, payment shall be made 
     from funds or accounts subject to sanctions as of April 18, 
     2000, or from blocked assets of the Government of Cuba.
       (2) Judgments against iran.--For purposes of funding 
     payments under subsection (a) in the case of judgments 
     against Iran, the Secretary of the Treasury shall make such 
     payments from amounts paid and liquidated from--
       (A) rental proceeds accrued on the date of enactment of 
     this Act from Iranian diplomatic and consular property 
     located in the United States; and
       (B) funds not otherwise made available in an amount not to 
     exceed the total of the amount in the Iran Foreign Military 
     Sales Program account within the Foreign Military Sales Fund 
     on the date of enactment of this Act.
       (c) Subrogation.--Upon payment under subsection (a) with 
     respect to payments in connection with a Foreign Military 
     Sales Program account, the United States shall be fully 
     subrogated, to the extent of the payments, to all rights of 
     the person paid under that subsection against the debtor 
     foreign state. The President shall pursue these subrogated 
     rights as claims or offsets of the United States in 
     appropriate ways, including any negotiation process which 
     precedes the normalization of relations between the foreign 
     state designated as a state sponsor of terrorism and the 
     United States, except that no funds shall be paid to Iran, or 
     released to Iran, from property blocked under the 
     International Emergency Economic Powers Act or from the 
     Foreign Military Sales Fund, until such subrogated claims 
     have been dealt with to the satisfaction of the United 
     States.
       (d) Sense of Congress.--It is the sense of Congress that 
     the President should not normalize relations between the 
     United States and Iran until the claims subrogated have been 
     dealt with to the satisfaction of the United States.
       (e) Reaffirmation of Authority.--Congress reaffirms the 
     President's statutory authority to manage and, where 
     appropriate and consistent with the national interest, vest 
     foreign assets located in the United States for the purposes, 
     among other things, of assisting and, where appropriate, 
     making payments to victims of terrorism.
       (f) Amendments.--(1) Section 1610(f) of title 28, United 
     States Code, is amended--
       (A) in paragraphs (2)(A) and (2)(B)(ii), by striking 
     ``shall'' each place it appears and inserting ``should make 
     every effort to''; and
       (B) by adding at the end the following new paragraph:
       ``(3) Waiver.--The President may waive any provision of 
     paragraph (1) in the interest of national security.''.
       (2) Subsections (b) and (d) of section 117 of the Treasury 
     Department Appropriations Act, 1999 (as contained in section 
     101(h) of Public Law 105-277) are repealed.

     SEC. 2003. AID FOR VICTIMS OF TERRORISM.

       (a) Meeting the Needs of Victims of Terrorism Outside the 
     United States.--
       (1) In general.--Section 1404B(a) of the Victims of Crime 
     Act of 1984 (42 U.S.C. 10603b(a)) is amended as follows:
       ``(a) Victims of Acts of Terrorism Outside United States.--
       ``(1) In general.--The Director may make supplemental 
     grants as provided in 1402(d)(5) to States, victim service 
     organizations, and public agencies (including Federal, State, 
     or local governments) and nongovernmental organizations that 
     provide assistance to victims of crime, which shall be used 
     to provide emergency relief, including crisis response 
     efforts, assistance, training, and technical assistance, and 
     ongoing assistance, including during any investigation or 
     prosecution, to victims of terrorist acts or mass violence 
     occurring outside the United States who are not persons 
     eligible for compensation under title VIII of the Omnibus 
     Diplomatic Security and Antiterrorism Act of 1986.
       ``(2) Victim defined.--In this subsection, the term 
     `victim'--
       ``(A) means a person who is a national of the United States 
     or an officer or employee of the United States Government who 
     is injured or killed as a result of a terrorist act or mass 
     violence occurring outside the United States; and
       ``(B) in the case of a person described in subparagraph (A) 
     who is less than 18 years of age, incompetent, incapacitated, 
     or deceased, includes a family member or legal guardian of 
     that person.
       ``(3) Rule of construction.--Nothing in this subsection 
     shall be construed to allow the Director to make grants to 
     any foreign power (as defined by section 101(a) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801(a)) or to any domestic or foreign organization operated 
     for the purpose of engaging in any significant political or 
     lobbying activities.''.
       (2) Applicability.--The amendment made by this subsection 
     shall apply to any terrorist act or mass violence occurring 
     on or after December 21, 1988, with respect to which an 
     investigation or prosecution was ongoing after April 24, 
     1996.
       (3) Administrative provision.--Not later than 90 days after 
     the date of enactment of this Act, the Director shall 
     establish guidelines under section 1407(a) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10604(a)) to specify the 
     categories of organizations and agencies to which the 
     Director may make grants under this subsection.
       (4) Technical Amendment.--Section 1404B(b) of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended by 
     striking ``1404(d)(4)(B)'' and inserting ``1402(d)(5)''.
       (b) Amendments to Emergency Reserve Fund.--
       (1) Cap increase.--Section 1402(d)(5)(A) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended by 
     striking ``$50,000,000'' and inserting ``$100,000,000''.
       (2) Transfer.--Section 1402(e) of the Victims of Crime Act 
     of 1984 (42 U.S.C 10601(e)) is amended by striking ``in 
     excess of $500,000'' and all that follows through ``than 
     $500,000'' and inserting ``shall be available for deposit 
     into the emergency reserve fund referred to in subsection 
     (d)(5) at the discretion of the Director. Any remaining 
     unobligated sums''.
       (c) Compensation to Victims of International Terrorism.--
       (1) In general.--The Victims of Crime Act of 1984 (42 
     U.S.C. 10601 et seq.) is amended by inserting after section 
     1404B the following:

     ``SEC. 1404C. COMPENSATION TO VICTIMS OF INTERNATIONAL 
                   TERRORISM.

       ``(a) Definitions.--In this section:
       ``(1) International terrorism.--The term `international 
     terrorism' has the meaning given the term in section 2331 of 
     title 18, United States Code.
       ``(2) National of the united states.--The term `national of 
     the United States' has the meaning given the term in section 
     101(a) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)).
       ``(3) Victim.--
       ``(A) In general.--The term `victim' means a person who--
       ``(i) suffered direct physical or emotional injury or death 
     as a result of international terrorism occurring on or after 
     December 21, 1988 with respect to which an investigation or 
     prosecution was ongoing after April 24, 1996; and
       ``(ii) as of the date on which the international terrorism 
     occurred, was a national of the United States or an officer 
     or employee of the United States Government.
       ``(B) Incompetent, incapacitated, or deceased victims.--In 
     the case of a victim who is less than 18 years of age, 
     incompetent, incapacitated, or deceased, a family member or 
     legal guardian of the victim may receive the compensation 
     under this section on behalf of the victim.
       ``(C) Exception.--Notwithstanding any other provision of 
     this section, in no event shall an individual who is 
     criminally culpable for the terrorist act or mass violence 
     receive any compensation under this section, either directly 
     or on behalf of a victim.
       ``(b) Award of Compensation.--The Director may use the 
     emergency reserve referred to in section 1402(d)(5)(A) to 
     carry out a program to compensate victims of acts of 
     international terrorism that occur outside the United States 
     for expenses associated with that victimization.
       ``(c) Annual Report.--The Director shall annually submit to 
     Congress a report on the status and activities of the program 
     under this section, which report shall include--
       ``(1) an explanation of the procedures for filing and 
     processing of applications for compensation;
       ``(2) a description of the procedures and policies 
     instituted to promote public awareness about the program;
       ``(3) a complete statistical analysis of the victims 
     assisted under the program, including--
       ``(A) the number of applications for compensation 
     submitted;
       ``(B) the number of applications approved and the amount of 
     each award;
       ``(C) the number of applications denied and the reasons for 
     the denial;
       ``(D) the average length of time to process an application 
     for compensation; and
       ``(E) the number of applications for compensation pending 
     and the estimated future liability of the program; and
       ``(4) an analysis of future program needs and suggested 
     program improvements.''.
       (2) Conforming amendment.--Section 1402(d)(5)(B) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is 
     amended by inserting ``, to provide compensation to victims 
     of international terrorism under the program under section 
     1404C,'' after ``section 1404B''.
       (d) Amendments to Victims of Crime Fund.--Section 1402(c) 
     of the Victims of Crime Act 1984 (42 U.S.C. 10601(c)) is 
     amended by adding at the end the following: ``Notwithstanding 
     section 1402(d)(5), all sums deposited in the Fund in any 
     fiscal year that are not made available for obligation by 
     Congress in the subsequent fiscal year shall remain in the 
     Fund for obligation in future fiscal years, without fiscal 
     year limitation.''.

     SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT.

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

     ``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.

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

[[Page H8877]]

       ``(4) the term `State' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, or any territory or possession of the United States.
       ``(b) Action by State Attorney General.--If the attorney 
     general has reasonable cause to believe that a person is 
     engaged in, or has engaged in, any act that would constitute 
     a violation of a State law regulating the importation or 
     transportation of any intoxicating liquor, the attorney 
     general may bring a civil action in accordance with this 
     section for injunctive relief (including a preliminary or 
     permanent injunction) against the person, as the attorney 
     general determines to be necessary to--
       ``(1) restrain the person from engaging, or continuing to 
     engage, in the violation; and
       ``(2) enforce compliance with the State law.
       ``(c) Federal Jurisdiction.--
       ``(1) In general.--The district courts of the United States 
     shall have jurisdiction over any action brought under this 
     section by an attorney general against any person, except one 
     licensed or otherwise authorized to produce, sell, or store 
     intoxicating liquor in such State.
       ``(2) Venue.--An action under this section may be brought 
     only in accordance with section 1391 of title 28, United 
     States Code, or in the district in which the recipient of the 
     intoxicating liquor resides or is found.
       ``(3) Form of relief.--An action under this section is 
     limited to actions seeking injunctive relief (a preliminary 
     and/or permanent injunction).
       ``(4) No right to jury trial.--An action under this section 
     shall be tried before the court.
       ``(d) Requirements for Injunctions and Orders.--
       ``(1) In general.--In any action brought under this 
     section, upon a proper showing by the attorney general of the 
     State, the court may issue a preliminary or permanent 
     injunction to restrain a violation of this section. A proper 
     showing under this paragraph shall require that a State prove 
     by a preponderance of the evidence that a violation of State 
     law as described in subsection (b) has taken place or is 
     taking place.
       ``(2) Additional showing for preliminary injunction.--No 
     preliminary injunction may be granted except upon--
       ``(A) evidence demonstrating the probability of irreparable 
     injury if injunctive relief is not granted; and
       ``(B) evidence supporting the probability of success on the 
     merits.
       ``(3) Notice.--No preliminary or permanent injunction may 
     be issued under paragraph (1) without notice to the adverse 
     party and an opportunity for a hearing.
       ``(4) Form and scope of order.--Any preliminary or 
     permanent injunction entered in an action brought under this 
     section shall--
       ``(A) set forth the reasons for the issuance of the order;
       ``(B) be specific in terms;
       ``(C) describe in reasonable detail, and not by reference 
     to the complaint or other document, the act or acts sought to 
     be restrained; and
       ``(D) be binding upon--
       ``(i) the parties to the action and the officers, agents, 
     employees, and attorneys of those parties; and
       ``(ii) persons in active concert or participation with the 
     parties to the action who receive actual notice of the order 
     by personal service or otherwise.
       ``(5) Admissibility of evidence.--In a hearing on an 
     application for a permanent injunction, any evidence 
     previously received on an application for a preliminary 
     injunction in connection with the same civil action and that 
     would otherwise be admissible, may be made a part of the 
     record of the hearing on the permanent injunction.
       ``(e) Rules of Construction.--This section shall be 
     construed only to extend the jurisdiction of Federal courts 
     in connection with State law that is a valid exercise of 
     power vested in the States--
       ``(1) under the twenty-first article of amendment to the 
     Constitution of the United States as such article of 
     amendment is interpreted by the Supreme Court of the United 
     States including interpretations in conjunction with other 
     provisions of the Constitution of the United States; and
       ``(2) under the first section herein as such section is 
     interpreted by the Supreme Court of the United States; but 
     shall not be construed to grant to States any additional 
     power.
       ``(f) Additional Remedies.--
       ``(1) In general.--A remedy under this section is in 
     addition to any other remedies provided by law.
       ``(2) State court proceedings.--Nothing in this section may 
     be construed to prohibit an authorized State official from 
     proceeding in State court on the basis of an alleged 
     violation of any State law.

     ``SEC. 3. GENERAL PROVISIONS.

       ``(a) Effect on Internet Tax Freedom Act.--Nothing in this 
     section may be construed to modify or supersede the operation 
     of the Internet Tax Freedom Act (47 U.S.C. 151 note).
       ``(b) Inapplicability to Service Providers.--Nothing in 
     this section may be construed to--
       ``(1) authorize any injunction against an interactive 
     computer service (as defined in section 230(f) of the 
     Communications Act of 1934 (47 U.S.C. 230(f)) used by another 
     person to engage in any activity that is subject to this Act;
       ``(2) authorize any injunction against an electronic 
     communication service (as defined in section 2510(15) of 
     title 18, United States Code) used by another person to 
     engage in any activity that is subject to this Act; or
       ``(3) authorize an injunction prohibiting the advertising 
     or marketing of any intoxicating liquor by any person in any 
     case in which such advertising or marketing is lawful in the 
     jurisdiction from which the importation, transportation or 
     other conduct to which this Act applies originates.''.
       (b) Effective Date.--This section and the amendments made 
     by this section shall become effective 90 days after the date 
     of this enactment of this Act.
       (c) Study.--The Attorney General shall carry out the study 
     to determine the impact of this section and shall submit the 
     results of such study not later than 180 days after the 
     enactment of this Act.
       Amend the title so as to read: ``An Act to combat 
     trafficking in persons, especially into the sex trade, 
     slavery, and involuntary servitude, to reauthorize certain 
     Federal programs to prevent violence against women, and for 
     other purposes.''.
       And the Senate agree to the same.

     Benjamin Gilman,
     Bill Goodling,
     Chris Smith,
     Henry J. Hyde,
     Nancy L. Johnson,
     Sam Gejdenson,
     Tom Lantos,
     Ben Cardin,
                                Managers on the Part of the House.

     From the Committee on the Judiciary:
     Orrin Hatch,
     Strom Thurmond,

     From the Committee on Foreign Relations:

     Jesse Helms,
     Sam Brownback,
     Joe Biden,
     Paul Wellstone,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 3244) an Act to 
     combat trafficking of persons, especially into the sex trade, 
     slavery, and slavery-like conditions, in the United States 
     and countries around the world through prevention, through 
     prosecution and enforcement against traffickers, and through 
     protection and assistance to victims of trafficking, submit 
     the following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:
       Division A of the conference agreement is the Trafficking 
     Victims Protection Act of 2000, an act to combat trafficking 
     in persons, especially into the sex trade, slavery, and 
     involuntary servitude, in the United States and foreign 
     countries. Division B is the Violence Against Women Act of 
     2000, an act to reauthorize federal programs that combat 
     violence against women, to strengthen law enforcement to 
     reduce violence against women, to strengthen services to 
     victims of violence, to limit the effects of violence on 
     children, to strengthen education and training to combat 
     violence against women, to enact new procedures for the 
     protection of battered immigrant women, and to extend the 
     Violent Crime Reduction Trust Fund. Division C consists of 
     anti-crime measures including provisions to encourage States 
     to incarcerate individuals convicted of murder, rape, or 
     child molestation, to facilitate recovery by victims of 
     terrorism against the assets of foreign entities that have 
     been held responsible for such terrorism; and to provide for 
     injunctive relief in Federal district court to enforce State 
     laws relating to the interstate transportation of 
     intoxicating liquor.

                         Concerning Division A

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 3244), an Act to 
     combat trafficking of persons, especially into the sex trade, 
     slavery, and involuntary servitude, in the United States and 
     foreign countries, through prevention, through prosecution 
     and enforcement against traffickers, and through protection 
     and assistance to victims of trafficking, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:


                 Sec. 1. Short Title; Table of contents

       Section 1 of the House bill states that this Act may be 
     cited as the Trafficking Victims Protection Act of 2000 and 
     lists its contents. Section 1 of the Senate amendment is 
     substantially identical to the House provision. The 
     conference agreement provides that this Act may be cited as 
     the Trafficking Victims Protection Act of 2000 and includes a 
     table of contents.


                     Sec. 2. Purposes and findings

       Section 2 of the House bill states that the purposes of 
     this Act are to combat trafficking in persons, to ensure just 
     punishment of traffickers, and to protect their victims. 
     Section 2 of the House bill also includes findings to the 
     effect that every year millions of people, predominantly 
     women and children, are trafficked within or across 
     international borders; that many victims are trafficked into 
     the international sex industry, often through force, fraud, 
     or coercion; that trafficking in persons is not limited to 
     sex trafficking, but often involves forced labor and other 
     violations of human rights; that trafficking is a growing 
     transnational problem that is increasingly perpetrated by 
     organized criminal enterprises; that existing legislation and 
     law enforcement in the United

[[Page H8878]]

     States and abroad are inadequate to deter trafficking, bring 
     traffickers to justice, and meet the safe reintegration needs 
     of trafficking victims; that in some countries, anti-
     trafficking efforts are hindered by official indifference, 
     corruption, and sometimes even official participation in 
     trafficking; that trafficking in persons is a matter of 
     pressing international concern, and that the United States 
     must work bilaterally and multilaterally to abolish 
     trafficking and protect trafficking victims. The House 
     findings also include references to the Declaration of 
     Independence, the Universal Declaration of Human Rights, 
     and numerous treaties and other international instruments.
       Section 2 of the Senate amendment contains identical 
     purposes and similar findings, with a more succinct set of 
     references to international agreements. Section 2 of the 
     Senate amendment also contains findings to the effect that 
     victims of severe forms of trafficking in persons should not 
     be inappropriately incarcerated, fined, or otherwise 
     penalized, and that existing United States statutes on 
     involuntary servitude have been narrowly construed, in the 
     absence of a definition by Congress, to exclude certain cases 
     in which persons are held in a condition of servitude by 
     nonviolent coercion.
       Section 2 of the conference agreement is substantially 
     identical to section 2 of the Senate amendment.


                          sec. 3. definitions

       Section 3 of the House bill defines certain terms used in 
     this Act. ``Sex trafficking'' is defined as the purchase, 
     sale, recruitment, harboring, transportation, transfer, or 
     receipt of a person for the purpose of a commercial sex act. 
     ``Severe forms of trafficking in persons'' is defined as sex 
     trafficking induced by force, coercion, fraud, or deception, 
     or involving a person under the age of 18, as well as 
     trafficking for the purpose of subjecting the trafficked 
     person to involuntary servitude, slavery, or slavery-like 
     practices by force, coercion, fraud, or deception. ``Slavery-
     life practices'' means inducement of a person to perform 
     labor or other services by force, coercion, or by any scheme, 
     plan, or pattern to cause the person to believe that failure 
     to perform the work will result in the infliction of serious 
     harm, debt bondage amounting to involuntary servitude, or 
     subjection to conditions so harsh or degrading as to provide 
     a clear indication that the person has been subjected to them 
     by force, or coercion. In the context of this bill, ``serious 
     harm'' could include physical restraint that severely limits 
     freedom of movement. ``Coercion,'' as defined, includes the 
     use of force, violence, and physical restraint, as well as 
     acts calculated to have the same effect (such as the credible 
     threat of serious harm). The House provision also defines 
     ``nonhumanitarian foreign assistance'' to include certain 
     assistance under the Foreign Assistance Act of 1961 and the 
     Export-Import Bank Act of 1945.
       Section 3 of the Senate amendment contains definitions 
     similar to those in the House bill, with several exceptions. 
     The Senate provision defines ``debt bondage'' as a condition 
     in which personal services are pledged as security for a debt 
     but in which either reasonable value of such services is not 
     in fact applied to the debt or the length and nature of such 
     services are unlimited or undefined. The Senate definitions 
     do not use the term ``deception'' in the definition of severe 
     forms of trafficking. The Senate provision omits the House 
     definition of ``slavery-like practices'' because this term is 
     not contained elsewhere in the Senate bill. Instead, the 
     Senate provision makes clear that ``involuntary servitude'' 
     includes a condition of servitude induced by means of any 
     act, scheme, plan, or pattern intended to cause a belief that 
     serious harm or physical restraint would otherwise occur, or 
     by the abuse or threatened abuse of the legal process and 
     also includes a definition of ``coercion.'' The Senate 
     provision also includes definitions of ``State'' and ``United 
     States'' which include the District of Columbia and United 
     States territories and possessions. Finally, the Senate omits 
     the definitions of ``act of a severe form of trafficking'' 
     and ``nonhumanitarian foreign assistance'' contained in the 
     House bill.
       Section 3 of the conference agreement is similar to the 
     Senate provision, except that it includes a definition of 
     ``nonhumanitarian, nontrade-related foreign assistance'' 
     similar to the definition contained in the House provision, 
     but excluding assistance under the Export-Import Bank Act of 
     1945 and under title IV of chapter 2 of part I of the Foreign 
     Assistance Act of 1961, relating to the Overseas Private 
     Investment Corporation. The conference agreement also 
     includes a definition of ``coercion'' corresponding to the 
     definition included in 18 U.S.C. sec. 1591, added by section 
     12 of this Act, which provides for a criminal offense of sex 
     trafficking.
       In various sections, the conference agreement uses more 
     general terms such as ``trafficking'' or ``trafficking in 
     persons'' rather than the more limited term ``severe forms of 
     trafficking in persons.'' In such contexts, these terms are 
     intended to be used in a more general sense, giving the 
     President and other officials some degree of discretion to 
     apply the relevant provisions to a broader range of actions 
     or victims beyond those associated with severe forms of 
     trafficking in persons. Such discretion is particularly 
     appropriate in assistance to and protection of victims, 
     because trafficked women and children may have a compelling 
     need for such assistance and protection even though they have 
     not been subjected to severe forms of trafficking. In this 
     connection, the conference agreement includes a definition of 
     ``victims of trafficking'' that would encompass a broader 
     class of victims in certain programs. Where, however, this 
     Act uses the term ``victims of severe forms of trafficking,'' 
     even in provisions related to protection and assistance, the 
     application of such provisions is limited to such victims.


        sec. 4. annual country reports on human rights practices

       Section 4 of the House bill requires the Secretary of State 
     to include in the annual Country Reports a list of foreign 
     countries that are countries of origin, transit, or 
     destination for a significant number of victims of severe 
     forms of trafficking, as well as information such as the 
     extent to which government officials in such countries are 
     involved in such trafficking, and an assessment of the steps 
     governments are taking to combat trafficking and to assist 
     victims of trafficking and protect their rights. Section 4 of 
     the Senate amendment is substantially identical to the House 
     provision, except that it does not require a list of 
     countries and would therefore effectively require information 
     about severe forms of trafficking in persons to be provided 
     in the annual Country Report for each foreign country.
       Section 4 of the conference agreement is similar to the 
     Senate provision except that it amends sections 116(f) and 
     502B of the Foreign Assistance Act of 1961, requiring certain 
     information on trafficking in persons to be provided in the 
     Country Reports. The section as amended will limit the 
     required reporting in the Country Reports to severe forms 
     of trafficking in persons, but gives the Secretary of 
     State discretion to include such other information on 
     trafficking as the Secretary deems appropriate. As with 
     other human rights violations, the extent to which 
     trafficking in persons is discussed in the Country Report 
     for a particular country should be commensurate with the 
     extent of the problem in such country.


    sec. 5. interagency task force to monitor and combat trafficking

       Section 5 of the House bill provides that the President 
     shall establish an Inter-Agency Task Force to Monitor and 
     Combat Trafficking and authorizes the establishment an Office 
     in the State Department to provide assistance to the Task 
     Force. Section 5 of the Senate provision is substantially 
     identical to the House provision, except that it requires the 
     Task Force, beginning in 2002, to publish an annual list of 
     countries which do not meet the minimum standards set forth 
     in section 8, and authorizes interim reports with respect to 
     such countries. Section 5 of the conference agreement is 
     substantially identical to the House provision, although the 
     conference agreement does provide in section 10 for annual 
     and interim reports on countries whose governments do not 
     comply with the minimum standards. It also provides that the 
     Task Force will have primary responsibility for advising the 
     Secretary of State on preparation of the reports in section 
     10.


                   sec. 6. prevention of trafficking

       Section 6 of the House bill charges the President, acting 
     through the Agency for International Development and other 
     agencies and in consultation with appropriate non-
     governmental organizations, with establishing initiatives to 
     enhance economic opportunity for potential trafficking 
     victims as a means of deterring trafficking, such as 
     microcredit lending programs, training, and education. It 
     also directs the President to establish programs to increase 
     public awareness of the dangers of trafficking and the 
     protections available to victims. Section 6 of the of the 
     Senate amendment is substantially identical to section 6 of 
     the House bill. Section 6 of the conference agreement is 
     identical to the Senate provision.


      sec. 7. protection and assistance for victims of trafficking

       Subsection 7(a) of the House bill charges the State 
     Department and the Agency for International Development (AID) 
     with establishing programs and initiatives in foreign 
     countries to assist victims of trafficking. Subsection 7(a) 
     of the Senate amendment is substantially identical to the 
     House provision. Subsection 7(a) of the conference agreement 
     is identical to the Senate provision, except that all 
     authorities are vested in the President.
       Subsection 7(b) of the House bill directs the Attorney 
     General, the Secretaries of Labor and of Health and Human 
     Services, and the Board of Directors of the Legal Services 
     Corporation to expand assistance to victims of severe forms 
     of tafficking in the United States. The provision makes clear 
     that for the purpose of receiving benefits, a ``victim of a 
     severe form of trafficking'' means only a person who has been 
     subjected to such trafficking and who either has not obtained 
     the age of 15 years or is the subject of a certification that 
     he or she (1) is willing to assist in every reasonable way in 
     the investigation and prosecution of severe forms of 
     trafficking in persons, and (2) either has made a bona fide 
     application for a visa under the provisions of immigration 
     law added by section 7(f), or is a person whose presence in 
     the United States the Attorney General is ensuring in order 
     to effectuate prosecution of traffickers. In addition, the 
     section makes victims of severe forms of trafficking in the 
     United States eligible for benefits under the Crime Victims 
     Fund without regard to their

[[Page H8879]]

     immigration status, and allows the Attorney General to make 
     grants to local governments and nonprofit organizations to 
     expand services for victims of trafficking. It also provides 
     trafficking victims a civil right of action against 
     traffickers for violations of 18 U.S.C. 1589 (trafficking 
     into slavery-like conditions) or 1589A (sex trafficking of 
     children or by force, fraud, or coercion).
       Subsection 7(b) of the Senate amendment is similar to the 
     House provision except that it does not contain the 
     certification requirement as a condition on eligibility for 
     benefits. It also contains no reference to the Crime Victims 
     Fund and does not provide a civil right of action.
       Subsection 7(b) of the conference agreement contains the 
     certification requirement for benefit eligibility. The 
     conference agreement, however, requires a certification only 
     for victims who have attained the age of 18 years. This 
     subsection of the conference agreement is similar to the 
     Senate provision in that it provides no civil right of 
     action. The conferees emphasize that nothing in this Act will 
     preclude trafficking victims from availing themselves of 
     applicable State, local or other Federal laws in seeking 
     compensatory or other damages and relief in any civil 
     proceeding. The House provision making victims eligible for 
     benefits under the Crime Victims Fund has been deleted as 
     unnecessary, because current law does not bar such victims 
     from receiving such benefits on account of their immigration 
     status. The conferees expect that the Office of Victims of 
     Crimes will provide assistance to these victims, even though 
     this provision was deleted. In addition, the conferees 
     believe that in making grants under this section, the 
     Attorney General and other federal officials should consider 
     whether the prospective grantee denies services to a 
     trafficking victim solely on account of conduct incident to 
     that person's status as a victim.
       Subsection 7(c) of the House bill requires the Attorney 
     General and the Secretary of State to promulgate regulations 
     to ensure that: (1) victims of severe forms of trafficking 
     are provided with appropriate shelter and care while in 
     Federal custody; (2) victims are not jailed or fined merely 
     because they were trafficked; (3) victims have access to 
     legal assistance and translation services; (4) victims are 
     assured continuous presence in the United States to assist in 
     the prosecution of traffickers; and (5) State and Justice 
     Department personnel are trained in identifying and 
     protecting victims of severe forms of trafficking.
       Subsection 7(c) of the Senate amendment is similar to the 
     House provision, with to principal exceptions. First, it does 
     not require regulations that explicitly prohibit 
     incarceration, fines, or other penalties against victims on 
     account of their having been trafficked. Instead, it requires 
     regulations that prohibit the detention of victims in 
     facilities inappropriate to their status as crime victims. 
     Second, it requires regulations under which the Attorney 
     General ``may'' ensure the continued presence of a person 
     in the United States in order to effectuate prosecution of 
     traffickers if the person is both a victim and a potential 
     witness.
       Subsection 7(c) of the Senate conference agreement is 
     substantially identical to the Senate provision. The 
     conferees believe that the House provision with respect to 
     jailing, fining, or otherwise penalizing victims of serious 
     crimes on account of their status as crime victims or on 
     account of conduct committed under duress incident to such 
     status restates existing criminal law and is therefore 
     unnecessary. The conferees also believe that training 
     provided to State Department of Justice Department personnel 
     should include methods for achieving antitrafficking 
     objectives through nondiscriminatory application of 
     immigration laws and others laws.
       Subsection 7(d) of the House bill makes clear that nothing 
     in subsection (c) creates a private cause of action against 
     the United States or its employees. Subsection 7(d) of the 
     Senate amendment is identical to the House provision. 
     Subsection 7(d) of the conference agreement is identical to 
     both provisions.
       Subsection 7(e) of the House bill makes funds derived from 
     the sale of assets seized from and forfeited by traffickers 
     (pursuant to section 12(e) of the House bill) available for 
     the victim assistance under subsections (a) and (b). The 
     Senate amendment contains no corresponding provision. The 
     conference agreement is identical to the Senate amendment.
       Section 7(f) of the House bill creates a new nonimmigrant. 
     ``T'' visa for certain victims of severe forms of 
     trafficking. Eligibility would be limited to persons who: (1) 
     are victims of a severe form of trafficking in persons, as 
     defined in section 3 of the act; (2) are in the United States 
     or at a United States port of entry by reasons of having been 
     trafficked here; (3) are no older than 14 years of age or 
     were induced to participate in the sex trade or slavery-like 
     practices by force, coercion, fraud, or deception, did not 
     voluntary agree to any arrangement including such 
     participation, and have complied with any reasonable request 
     for assistance in the investigation or prosecution of 
     trafficking acts; and (4) have a well-founded fear of 
     retribution involving the infliction of severe harm upon 
     removal from the United States or would suffer extreme 
     hardship in connection with the trafficking upon removal from 
     the United States. It also permits the Attorney General to 
     grant a ``T'' visa if necessary to avoid extreme hardship to 
     the victim's spouse, sons and daughters (who are not 
     children), and the parents if the victim is under 21 years 
     old. A victim's children who are unmarried and under 21 years 
     old need not establish extreme hardship to receive a ``T'' 
     visa. It precludes anyone in this section from receiving a 
     ``T'' visa if there is substantial reason to believe that the 
     person has committed an act of a severe form of trafficking 
     in persons. The House provision permits the Attorney General 
     to waive grounds of inadmissibility, including health-related 
     grounds, public charge, and, with the exception of security, 
     international child abduction, and former citizens who 
     renounced citizenship to avoid taxation, any other provision 
     of section 212(a) of the INA if the activities rendering the 
     alien inadmissible were caused by the trafficking. It states 
     that the INS is not prohibited from instituting removal 
     proceedings against an alien admitted with a ``T'' visa for 
     conduct committed after the alien's admission into the United 
     States, or for conduct or a condition that was not disclosed 
     to the Attorney General prior to the alien's admission. The 
     House provision also places an annual cap of 5,000 on ``T'' 
     visas for trafficking victims. Finally, the House provision 
     permits the Attorney General to adjust the status of a ``T'' 
     visa holder to that of a permanent resident if the alien: (1) 
     has been physically present in the United States for a 
     continuous period of at least 3 years since the date of 
     admission; (2) has throughout such period been a person of 
     good moral character; (3) has during such period complied 
     with any reasonable request for assistance in the 
     investigation or prosecution of trafficking acts; and (4) has 
     a well-founded fear of retribution involving the infliction 
     of severe harm upon removal from the United States, or would 
     suffer extreme hardship in connection with the trafficking 
     upon removal from the United States. It also permits the 
     Attorney General to adjust the status of the victim's spouse, 
     parents, and married and unmarried sons and daughters, if 
     admitted with a ``T'' visa, to that of an alien lawfully 
     admitted for permanent residence. An annual cap of 5,000 is 
     placed on adjustments of status for victims. The provision 
     also permits the Attorney General to waive grounds of 
     inadmissibility, including health-related grounds, public 
     charge, and, with the exception of security, international 
     child abduction, and former citizens who renounced 
     citizenship to avoid taxation, any other provision of section 
     212(a) of the INA if the activities rendering the alien 
     inadmissible caused by the trafficking.
       Subsection 7(e) and (f) of the Senate amendment are similar 
     to section 7(f) of the House bill. The Senate provision 
     allows victims who meet all other eligibility requirements 
     for the ``T'' visa to make a showing of ``extreme hardship'' 
     whether or not such hardship is ``in connection with the 
     victimization.'' The Senate provision also makes a victim's 
     spouse and minor children eligible for visas only on a 
     showing that their presence in the United States would be 
     ``necessary to avoid extreme hardship.'' The Senate provision 
     makes a victim's parents eligible for visas only if the 
     victim is under the age 21, and provides no eligibility for a 
     victim's sons and daughters who are not minor children. The 
     Senate provision contained no annual limitation on the number 
     of nonimmigrant visas or on the number of persons eligible to 
     adjust status to permanent residence. The Senate provision 
     allowing to waive grounds of inadmissibility was broader than 
     the House provision, allowing waivers of all grounds except 
     participation in Nazi persecution, genocide, and related 
     grounds.
       Subsection 7(e) and (f) of the conference agreement are 
     similar to the House bill but incorporate elements of the 
     Senate amendment. The conferees believe that an applicant who 
     voluntarily agrees to be smuggled into the United States in 
     exchange for working to pay off the smuggling fee is not 
     eligible for the ``T'' visa, unless the applicant becomes a 
     victim of a severe form of trafficking in persons as defined 
     by the Act. The conference provision requires that a victim 
     would face ``extreme hardship involving unusual and severe 
     harm'' upon removal as an element in establishing eligibility 
     for a visa. The conferees expect that the Immigration and 
     Naturalization Service and the Executive Office for 
     Immigration Review will interpret the ``extreme hardship 
     involving unusual and severe harm'' to be a higher standard 
     than just ``extreme hardship.'' The standard shall cover 
     those cases where a victim likely would face genuine and 
     serious hardship if removed from the United States, whether 
     or not the severe harm is physical harm or on account of 
     having been trafficked. The extreme hardship shall involve 
     more than the normal economic and social disruptions involved 
     in deportation. The conference provision is also similar 
     to the Senate provision in requiring a showing of extreme 
     hardship for the admission of a victim's spouse and minor 
     children and in containing no provision for admission of 
     adult sons and daughters. The conference provision is 
     identical to the House provision with respect to waivers 
     of grounds of inadmissibility.
       The conference agreement limits the number of nonimmigrant 
     visas to 5000 per year and also contains an annual limit of 
     5000 on the number of ``T'' visa holders who are eligible to 
     adjust their status to lawful permanent residence. The 
     conference provision also adds a new subsection (g), 
     directing the Immigration and Naturalization Service to 
     report annually on whether any otherwise eligible applicant 
     has been denied a visa or adjustment of status solely on 
     account of the

[[Page H8880]]

     annual limitation. The conferees expect that this report will 
     list the number of visa and adjustment applications filed, 
     the number of denials for any reason, and the number denied 
     on account of the annual limitation. The conferees believe 
     that the annual limitation of 5000 is sufficient to include 
     all bona fide victims of severe forms of trafficking in 
     persons who meet all other eligibility requirements. If 
     experience should indicate that the number is insufficient to 
     include all such bona fide eligible victims, it would be 
     appropriate for Congress to consider enacting legislation to 
     increase the annual limitation.


      Sec. 8 Minimum standards for the elimination of trafficking

       Section 8 of the House bill establishes minimums standards 
     applicable to governments of countries that are countries of 
     origin, transit, or destination for a significant number of 
     victims of severe forms of trafficking in persons. The 
     section provides that such governments should enact laws that 
     prohibit and severely punish such trafficking and should make 
     serious and sustained efforts to eliminate such trafficking. 
     The section sets forth a number of indicia of such serious 
     and sustained efforts, including vigorous prosecution of 
     offenders, protection of victims, education of the public and 
     of potential victims, and cooperation with international 
     efforts to stop trafficking. Section 8 of the Senate 
     amendment is substantially similar to the House provision. 
     Section 8 of the conference agreement is substantially 
     similar to the House and Senate provisions. The conferees do 
     not expect that a government would be required to fulfill all 
     the criteria in subsection 8(b) in order to be making 
     ``serious and sustained efforts'' to eliminate severe forms 
     of trafficking in persons. Rather, the subsection requires 
     only that the Secretary consider these factors in determining 
     whether the government is making such efforts.


  Sec. 9 Assistance to foreign countries to meeting minimum standards

       Section 9 of the House bill authorizes the Agency for 
     International Development to fund activities designed to help 
     foreign countries meet the minimum standards outlined in 
     section 8(a) of this Act. Such activities include, but are 
     not limited to, assistance in drafting anti-trafficking 
     legislation, training law enforcement and judicial system 
     officials in the investigation and prosecution of trafficking 
     cases, and efforts by foreign governments to assist victims. 
     Section 9 of the Senate amendment is similar to the House 
     provision but makes clear that such activities may be 
     conducted through nongovernmental or multilateral 
     organizations and may include the expansion of exchange 
     programs and international visitor programs. Section 9 of the 
     conference agreement is substantially identical to the Senate 
     provision.


 sec. 10. Actions against governments failing to meet minimum standards

       Section 10 of the House bill requires the Secretary of 
     State to submit to Congress an annual report on the status of 
     severe forms of trafficking, consisting of a list of 
     countries that do not meet the minimum standards set forth in 
     section 8 of the Act, together with such other information as 
     the Secretary may wish to provide. The section provides that 
     the Secretary may also file interim reports. Beginning in FY 
     2002, the section requires that for each government that 
     fails to meet the minimum standards, the President ``shall'' 
     either (a) withhold nonhumanitarian U.S. foreign assistance 
     to that government and direct that the U.S. executive 
     directors of multilateral lending instutions vote against 
     nonhumanitarian assistance to that government during the 
     following fiscal year; or (b) waive these requirements if the 
     President finds that the provision of nonhumanitarian 
     assistance to that country is in the national interest of the 
     United States.
       Section 10 of the Senate amendment provides that, with 
     respect to each country that does not meet the minimum 
     standards set forth in section 8, the President ``may'' take 
     any of a number of actions, including withholding foreign 
     assistance, instructing the U.S. executive directors of 
     multilateral lending institutions to vote against loans or 
     assistance to such countries, prohibiting arms sales, and 
     restricting exports to such countries.
       Section 10 of the conference agreement is similar to the 
     Senate provision with respect to countries whose governments 
     do not comply with the minimum standards but are making 
     significant efforts to bring themselves into compliance, in 
     that is contains no provision for actions against such 
     countries, thereby leaving the President free to take no 
     action or to take any action that is within the President's 
     discretion under current law. This section of the conference 
     agreement is similar to the House provision only with respect 
     to countries whose governments not only fail to comply with 
     the minimum standards, but also fail to make significant 
     efforts to comply with such standards. With respect to this 
     small number of truly egregious offenders, the conference 
     agreement contains a provision similar to the House bill, but 
     with the following additional limitations: (1) The 
     requirement that the President either withhold assistance to 
     the foreign government or waive the withholding requirement 
     is limited to assistance which is ``nonhumanitarian'' and 
     also ``nontrade-related.'' (2) Similarly, the provision with 
     respect to international financial institutions is limited to 
     non-humanitarian, nontrade-related loans and other 
     utilizations of funds. For the purposes of this provision, 
     the conferees consider humanitarian assistance to include 
     debt relief extended by international financial institutions 
     to governments in order to allow such governments to meet the 
     basic needs of the people of their countries. (3) The 
     President may waive these requirements if a waiver would 
     promote the purposes of this Act, such as in a case in which 
     the President believes providing assistance will cause the 
     offending government to attempt to comply with the minimums 
     standards. (4) The President may also waive the requirements 
     if for any other reason he believes a waiver to be in the 
     national interest. (5) The President may use the waiver 
     authority with respect to all assistance and extensions of 
     credit to a government or with respect to any subset of 
     such assistance or extensions of credit. (6) The President 
     must use the waiver authority as necessary to avoid 
     substantial adverse impact on vulnerable populations 
     including women and children. (7) In lieu of notifying 
     Congress that aid will be withdrawn or that one of the 
     waiver authorities granted by this section will be used, 
     the President may notify Congress that the government of a 
     country is already subject to broad-based reductions in 
     assistance due to human rights violations and that no 
     additional measures are deemed appropriate. Finally, (8) 
     the requirement will not go into effect until 2003. The 
     three-year delay in implementation of this provision is 
     intended to give foreign governments time to begin making 
     efforts to comply with the minimum standards. The 
     conferees emphasize that the provisions of this Act 
     clearly require that in assessing the records of foreign 
     governments with respect to the minimum standards for the 
     elimination of trafficking, the President and other 
     executive branch officials must not limit their scrutiny 
     to the governments of countries of origin for victims of 
     severe forms of trafficking in persons, but must apply 
     equally close scrutiny to the governments of transit 
     countries and countries of destination for such victims.


      sec. 11. actions against significant traffickers in persons

       Section 11 of the House bill authorizes the Secretary of 
     State to compile and publish a list of foreign persons who 
     have a significant role in a severe form of trafficking in 
     persons, directly or indirectly in the United States, who 
     materially support such persons, or who are owned or 
     controlled by such persons. It allows the President to impose 
     International Emergency Economic Power Acts (IEEPA) 
     sanctions, including the freezing of assets located in the 
     United States, without regard to section 202 of such Act 
     against any foreign person on that list, and requires that 
     the President report to Congress on any such sanctions. It 
     also allows for the non-disclosure of persons on the list for 
     intelligence and law enforcement reasons, and requires that 
     Congress be notified of such exclusions on an annual basis. 
     Subsection 11(e) excludes significant traffickers, persons 
     who knowingly assist them, and their spouses, sons, and 
     daughters who knowingly benefit from the proceeds of their 
     trafficking activities, from entry into the United States. 
     This approach is similar to that adopted by the Foreign 
     Narcotics Kingpin Designation Act, enacted in Title VIII of 
     the Intelligence Authorization Act of 2000, P.L. 106-120.
       Section 11 of the Senate amendment is similar to the House 
     provision in that it provides authority to the President to 
     block assets and transactions of foreign persons who were 
     traffickers in persons and foreign persons who materially 
     assist or are owned, controlled or directed by such persons. 
     The House bill and the Senate amendment also include similar 
     provisions for compiling lists of such persons and for 
     reporting on what persons were subject to the authority to 
     block assets and transactions. Finally, the Senate section 
     also includes a provision similar to the House amendment to 
     the Immigration and Nationality Act making inadmissible 
     persons subject to blocking under section 11 as well as 
     spouses, sons and daughters who had obtained financial 
     benefit from such persons and who knew or should have known 
     that the financial benefit was the product of trafficking in 
     persons.
       Section 11 of the conference agreement is similar in 
     substance to the House and Senate provisions. The conferees 
     determined that in light of the discretionary character of 
     both proposals, a streamlined provision for designating and 
     reporting on persons subject to the section was warranted, 
     with all authority vested in the President rather than in 
     other executive branch officials. A provision was added 
     explicitly providing the President authority to delegate any 
     responsibility. While the provision explicitly refers to the 
     authority to make derivative designations, the conferees 
     intend that any authority or responsibility in this section 
     may be delegated. The conferees expect that a substantial 
     part of this authority will be delegated to the Secretary of 
     the Treasury, since the Office of Foreign Assets Control 
     within the Department of the Treasury is responsible for 
     administering other blocking programs. However, the conferees 
     also expect that the delegation of authority under section 11 
     or regulations promulgated to implement this section will 
     ensure that appropriate agencies such as the Departments of 
     State and Justice are involved in the designation process 
     contemplated under this section.
       The conferees remain concerned regarding administrative 
     actions that may seriously

[[Page H8881]]

     affect the livelihood of persons subject to such actions but 
     that are not subject to a hearing prior to their application. 
     The conferees have been assured that blocking authority of 
     this type is generally exercised only on persons who have 
     most of their assets abroad, and the chief effect of blocking 
     orders is to prohibit U.S. persons from engaging in 
     transactions with such persons. While this assurance 
     decreases the concern of the conferees that the provisions 
     may inadvertently be used against an innocent person who 
     would then be unable to use any of his or her assets to live 
     during a challenge to a determination, the conferees included 
     a provision requiring the agency administering this section 
     to provide an expedited process for hearing from any person 
     subject to this section, including any designation made 
     directly by the President. It also provides that nothing in 
     this section precludes judicial review of determinations 
     under this section. The conferees recognize, however, that 
     courts will give significant deference to a foreign policy 
     determination of the President, which would be basis for 
     making determinations under this section.
       Finally, several of the conferees raised concerns regarding 
     the provision making certain spouses and children of 
     traffickers inadmissible. In order to address these concerns, 
     the conference agreement contains an exception for sons and 
     daughters who were minor children at the time they received a 
     benefit from trafficking enterprises.


    sec. 12. strengthening prosecution and punishment of traffickers

       Section 12 of the House bill amends chapter 77 of title 18 
     of the United States Code to increase penalties for 
     involuntary servitude and other existing crimes, adds several 
     new criminal violations in the areas of trafficking in 
     persons, and amends the sentencing guidelines related to 
     these crimes. Subsection (a) increases the penalties for 
     involuntary servitude, peonage and other existing crimes from 
     10 years to 20 years and provides for life imprisonment if 
     the violation includes kidnaping, aggravated sexual abuse or 
     an attempt to kill. Subsection (a) also adds several new 
     crimes to title 18. Section 1589 creates a new crime of 
     forced labor for persons who knowingly provide or obtain the 
     labor or services of a person by threats of serious harm to, 
     or physical restraint against that person or another; by use 
     of fraud, deceit or misrepresentation if the person is a 
     minor, mentally disabled, or otherwise particularly 
     susceptible to undue influence; by the means of any 
     scheme, plan or pattern intended to cause the person to 
     believe that if the person did not perform such labor or 
     services, serious harm or physical restraint would be 
     inflicted on that person or another; or by means of the 
     abuse or threatened abuse of law or the legal process. New 
     section 1590 would criminalize trafficking of any person 
     in violation of Chapter 77 of title 18, including by those 
     who benefit financially or otherwise by such trafficking. 
     New Section 1591 creates a crime for trafficking persons 
     into a criminal sex act by coercion, fraud, deceit, 
     misrepresentation or other abusive practices, as defined 
     in this section. Subsection (a) also establishes a crime 
     for unlawful conduct with respect to documents in 
     furtherance of trafficking, peonage, slavery, involuntary 
     servitude or forced labor, and provides for mandatory 
     restitution to victims of offenses under chapter 77 of 
     title 18. A new subsection 1594 provides general 
     provisions ensuring that attempts and conspiracy of 
     certain crimes in chapter 77 are treated in the same 
     manner as a completed violation and provides for asset 
     forfeiture and witness protection. Finally, section 12(b) 
     provides amendments to U.S. sentencing guidelines 
     regarding crimes contained in the amended chapter 77 of 
     title 18.
       Section 12 of the Senate amendment is similar to the House 
     bill, but with certain important differences. Rather than add 
     a new section 1589, the Senate amendment provides a 
     definition of involuntary servitude in section 1584 to 
     include a condition of servitude induced by means of any act, 
     scheme, plan, or pattern intended to cause a person to 
     believe that the person or another person would suffer 
     serious harm or physical restraint or the abuse or threatened 
     abuse of the legal process. The Senate amendment also 
     provides for new crimes for trafficking with respect to 
     peonage, slavery or involuntary servitude, but does not 
     extend the criminal misconduct to persons who benefit 
     financially or otherwise from trafficking. The Senate 
     amendment provides for a new section of title 18 of the 
     United States Code for sex trafficking, but limits it to 
     cases of force, fraud, or coercion, as defined in that 
     section. The Senate amendment also includes new sections 
     relating to unlawful conduct with respect to documents in 
     furtherance of trafficking and other crimes, and likewise has 
     provisions identical to the House bill on mandatory 
     restitution. Finally, the Senate amendment provides general 
     provisions regarding asset forfeiture, witness protection and 
     amendments to U.S. sentencing guidelines.
       Section 12 of the conference agreement is substantially 
     similar to the House provision, but incorporates a number of 
     provisions contained in the Senate amendment. In order to 
     address issues raised by the decision of the United States 
     Supreme Court in United States v. Kozminski, 487 U.S. 931 
     (1988), the agreement creates a new section 1589 on forced 
     labor in form similar to the House bill. The agreement does 
     not contain a provision included in the House bill addressing 
     fraud or deception to obtain labor or services of minors, 
     mentally incompetent persons, or persons otherwise 
     particularly susceptible. In deleting these provisions, the 
     conferees addressed the concerns of some members of the 
     conference that the similar House bill provision might have 
     criminalized conduct that is currently regulated by labor 
     law. However, the conferees are aware that the Department of 
     Justice may seek additional statutory changes in future years 
     to further address the issues raised in Kozminski, as courts 
     and prosecutors develop experience with the new crimes 
     created by this Act.
       Section 1589 is intended to address the increasingly subtle 
     methods of traffickers who place their victims in modern-day 
     slavery, such as where traffickers threaten harm to third 
     persons, restrain their victims without physical violence or 
     injury, or threaten dire consequences by means other than 
     overt violence. Section 1589 will provide federal prosecutors 
     with the tools to combat severe forms of worker exploitation 
     that do not rise to the level of involuntary servitude as 
     defined in Kozminski. Because provisions within section 1589 
     only require a showing of a threat of ``serious harm,'' or of 
     a scheme, plan, or pattern intended to cause a person to 
     believe that such harm would occur, federal prosecutors will 
     not have to demonstrate physical harm or threats of force 
     against victims. The term ``serious harm'' as used in this 
     Act refers to a broad array of harms, including both physical 
     and nonphysical, and section 1589's terms and provisions are 
     intended to be construed with respect to the individual 
     circumstances of victims that are relevant in determining 
     whether a particular type or certain degree of harm or 
     coercion is sufficient to maintain or obtain a victim's labor 
     or services, including the age and background of the victims.
       For example, it is intended that prosecutors will be able 
     to bring more cases in which individuals have been trafficked 
     into domestic service, an increasingly common occurrence, not 
     only where such victims are kept in service through overt 
     beatings, but also where the traffickers use more subtle 
     means designed to cause their victims to believe that serious 
     harm will result to themselves or others if they leave, as 
     when a nanny is led to believe that children in her care will 
     be harmed if she leaves the home. In other cases, a scheme, 
     plan, or pattern intended to cause a belief of serious harm 
     may refer to intentionally causing the victim to believe that 
     her family will face harms such as banishment, starvation, or 
     bankruptcy in their home country. Section 1589 will in 
     certain instances permit prosecutions where children are 
     brought to the United States and face extreme nonviolent and 
     psychological coercion (e.g. isolation, denial of sleep, and 
     other punishments). A claim by an adult of a false legal 
     relationship with a child in order to put the child in a 
     condition of servitude may constitute a scheme, plan or 
     pattern that violates the statute, if there is a showing that 
     such a scheme was intended to create the belief that the 
     victim or some other person would suffer serious harm.
       The conference agreement also includes new section 1590 for 
     the crime of trafficking with respect to peonage, slavery, 
     involuntary servitude, or forced labor. The conferees adopted 
     the approach of the Senate bill with respect to this new 
     crime and agreed not to extend it to persons who benefit 
     financially or otherwise from the trafficking out of a 
     concern that such a provision might include within its scope 
     persons, such as stockholders in large companies, who have an 
     attenuated financial interest in a legitimate business where 
     a few employees might act in violation of the new statute. 
     The conference agreement also creates new section 1591 
     punishing sex trafficking, which is similar to comparable 
     provisions in both the House bill and the Senate amendment. 
     Also, the conference agreement creates new section 1592, 
     which punishes wrongful conduct with respect to immigration 
     and identification documents in the course of a violation of 
     one of several provisions of chapter 77 of title 18, when 
     such conduct is engaged in with the intent to violate one of 
     the sections, or when such conduct is for the purpose of 
     preventing or restricting, without lawful authority, a 
     person's liberty to move or travel in interstate or foreign 
     commerce, or to maintain the labor or services of another, 
     knowing that such person is a victim of severe forms of 
     trafficking, as defined by section 3 of this Act. This 
     revision is intended to address, in part, cases where one of 
     the other crimes of chapter 77 is not completed, but 
     where there is evidence that a trafficker intended to 
     commit such a crime and withheld or destroyed immigration 
     or identification documents for the purpose of preventing 
     the trafficking victim from escaping. Finally, the 
     conference agreement contains provisions similar to the 
     Senate bill regarding mandatory restitution, general 
     provisions, and sentencing guidelines.


                sec. 13. authorization of appropriations

       Section 13 of the House bill authorizes a total of $94.5 
     million ($31.5 million for FY2000, $63 million for FY01) in 
     the following categories: (a) Interagency Task Force: $1.5 
     million for fiscal year 2000, $3 million for fiscal year 
     2001; (b) Health and Human Services for victim assistance in 
     the United States: $5 million for fiscal year 2000, $10 
     million for fiscal year 2001; (c) Department of State for 
     foreign victim assistance: $5 million for fiscal year 2000, 
     $10 million for fiscal year 2001; (d) The Attorney General 
     for victim assistance in the United States: $5 million for 
     fiscal year 2000, $10 million for fiscal year 2001;

[[Page H8882]]

     (e) The President for (1) foreign victim assistance: $5 
     million for fiscal year 2000, $10 million for fiscal year 
     2001, and (2) assistance to help countries meet minimum 
     trafficking standards: $5 million for fiscal year 2000, $10 
     million for fiscal year 2001; and (f) Department of Labor for 
     victim assistance in the United States: $5 million for fiscal 
     year 2000, $10 million for fiscal year 2001.
       Section 13 of the Senate bill is similar to the House 
     provision, except that it authorizes funding for fiscal years 
     2001 and 2002. It also authorizes $300,000 in fiscal year 
     2001 for a voluntary contribution to the Organization for 
     Security and Co-operation in Europe and such sums as may be 
     necessary to include the additional information required by 
     section 4 in the annual Country Reports on Human Rights 
     Practices.
       Section 13 of the conference agreement is substantially 
     identical to the Senate provision.

     Concerning Division B, the Violence Against Women Act of 2000

       The Violence Against Women Act of 2000 accomplishes two 
     basic things:
       First, the bill reauthorizes through Fiscal Year 2005 the 
     key programs included in the original Violence Against Women 
     Act, such as the STOP, Pro-Arrest, Rural Domestic Violence 
     and Child Abuse Enforcement, and campus grants; battered 
     women's shelters; the National Domestic Violence Hotline; 
     rape prevention and education grant programs; and three 
     victims of child abuse programs, including the court-
     appointed special advocate program (CASA).
       Second, the Violence Against Women Act of 2000 makes some 
     targeted improvements that our experience with the original 
     Act has shown to be necessary, such as--
       (1) Authorizing grants for legal assistance for victims of 
     domestic violence, stalking, and sexual assault;
       (2) Providing funding for transitional housing assistance;
       (3) Improving full faith and credit enforcement and 
     computerized tracking of protection orders;
       (4) Strengthening and refining the protections for battered 
     immigrant women;
       (5) Authorizing grants for supervised visitation and safe 
     visitation exchange of children between parents in situations 
     involving domestic violence, child abuse, sexual assault, or 
     stalking; and
       (6) Expanding several of the key grant programs to cover 
     violence that arises in dating relationships.
       We append to this joint statement a section by section 
     analysis of the bill and a more detailed section by section 
     analysis of the provisions contained in Title V, which 
     addresses the plight of battered immigrant women.

           Division B--The Violence Against Women Act of 2000


                       section-by-section summary

     Sec. 1001. Short Title
       Names this division the Violence Against Women Act of 2000.
     Sec. 1002. Definitions
       Restates the definitions ``domestic violence'' and ``sexual 
     assault'' as currently defined in the STOP grant program.
     Sec. 1003. Accountability and Oversight
       Requires the Attorney General or Secretary of Health and 
     Human Services, as applicable, to require grantees under any 
     program authorized or reauthorized by this division to report 
     on the effectiveness of the activities carried out. Requires 
     the Attorney General or Secretary, as applicable, to report 
     biennially to the Senate and House Judiciary Committees on 
     these grant programs.

Title I--Strengthening Law Enforcement To Reduce Violence Against Women

     Sec. 1101. Improving Full Faith and Credit Enforcement of 
         Protection Orders
       Helps states and tribal courts improve interstate 
     enforcement of protection orders as required by the original 
     Violence Against Women Act of 1994. Renames Pro-Arrest Grants 
     to expressly include enforcement of protection orders as a 
     focus for grant program funds, adds as a grant purpose 
     technical assistance and use of computer and other equipment 
     for enforcing orders; instructs the Department of Justice to 
     identify and make available information on promising order 
     enforcement practices; adds as a funding priority the 
     development and enhancement of data collection and sharing 
     systems to promote enforcement of protection orders.
       Amends the full faith and credit provision in the original 
     Act to prohibit requiring registration as a prerequisite to 
     enforcement of out-of-state orders and to prohibit 
     notification of a batterer without the victim's consent when 
     an out-of-state order is registered in a new jurisdiction. 
     Requires recipients of STOP and Pro-Arrest grant funds, as a 
     condition of funding, to facilitate filing and service of 
     protection orders without cost to the victim in both civil 
     and criminal cases.
       Clarifies that tribal courts have full civil jurisdiction 
     to enforce protection orders in matters arising within the 
     authority of the tribe.
     Sec. 1102. Enhancing the Role of Courts in Combating Violence 
         Against Women
       Engages state courts in fighting violence against women by 
     targeting funds to be used by the courts for the training and 
     education of court personnel, technical assistance, and 
     technological improvements. Amends STOP and Pro-Arrest grants 
     to make state and local courts expressly eligible for funding 
     and dedicates 5 percent of states' STOP grants for courts.
     Sec. 1103. STOP Grants Reauthorization
       Reauthorizes through 2005 this vital state formula grant 
     program that has succeeded in bringing police and prosecutors 
     in close collaboration with victim services providers into 
     the fight to end violence against women. (``STOP'' means 
     ``Services and Training for Officers and Prosecutors.'') 
     Preserves the original Act's allocations of states' STOP 
     grant funds of 25 percent to police and 25 percent to 
     prosecutors, but increases grants to victim services to 30 
     percent (from 25 percent), in addition to the 5 percent 
     allocated to state, tribal, and local courts.
       Sets aside five percent of total funds available for State 
     and tribal domestic violence and sexual assault coalitions 
     and increases the allocation for Indian tribes to 5 percent 
     (up from 4 percent in the original Act).
       Amends the definition of ``underserved populations'' and 
     adds additional purpose areas for which grants may be used.
       Authorization level is $185 million/year (FY 2000 
     appropriation was $206.75 million (including a $28 million 
     earmark for civil legal assistance)).
     Sec. 1104. Pro-Arrest Grants Reauthorization
       Extends this discretionary grant program through 2005 to 
     develop and strengthen programs and policies that mandate and 
     encourage police officers to arrest abusers who commit acts 
     of violence or violate protection orders.
       Sets aside 5 percent of total amounts available for grants 
     to Indian tribal governments.
       Authorization level is $65 million/year (FY 2000 
     appropriation was $34 million).
     Sec. 1105. Rural Domestic Violence and Child Abuse 
         Enforcement Grants Reauthorization
       Extends through 2005 these direct grant programs that help 
     states and local governments focus on problems particular to 
     rural areas.
       Sets aside 5 percent of total amounts available for grants 
     to Indian tribal governments.
       Authorization level is $40 million/year (FY 2000 
     appropriation was $25 million.
     Sec. 1106. National Stalker and Domestic Violence Reduction 
         Grants Reauthorization
       Extends through 2005 this grant program to assist states 
     and local governments in improving databases for stalking and 
     domestic violence.
       Authorization level is $3 million/year (FY 1998 
     appropriation was $2.75 million).
     Sec. 1107. Clarify Enforcement to End Interstate Battery/
         Stalking
       Clarifies federal jurisdiction to ensure reach to persons 
     crossing United States borders as well as crossing state 
     lines by use of ``interstate or foreign commerce language.'' 
     Clarifies federal jurisdiction to ensure reach to battery or 
     violation of specified portions of a protection order before 
     travel to facilitate the interstate movement of the victim. 
     Makes the nature of the ``harm'' required for domestic 
     violence, stalking, and interstate travel offenses consistent 
     by removing the requirement that the victim suffer actual 
     physical harm from those offenses that previously had 
     required such injury.
       Resolves several inconsistencies between the protection 
     order offense involving interstate travel of the offender, 
     and the protection order offense involving interstate travel 
     of the victim.
       Revises the definition of ``protection order'' to clarify 
     that support or child custody orders are entitled to full 
     faith and credit to the extent provided under other Federal 
     law--namely, the Parental Kidnaping Prevention Act of 1980, 
     as amended.
       Extends the interstate stalking prohibition to cover 
     interstate ``cyber-stalking'' that occurs by use of the mail 
     or any facility of interstate or foreign commerce, such as by 
     telephone or by computer connected to the Internet.
     Sec. 1108. School and Campus Security
       Extends the authorization through 2005 for the grant 
     program established in the Higher Education Amendments of 
     1998 and administered by the Justice Department for grants 
     for on-campus security, education, training, and victim 
     services to combat violence against women on college 
     campuses. Incorporates ``dating violence'' into purpose areas 
     for which grants may be used. Amends the definition of 
     ``victim services'' to include public, nonprofit 
     organizations acting in a nongovernmental capacity, such as 
     victim services organizations at public universities.
       Authorization level is $10 million/year (FY 2000 STOP grant 
     appropriation included a $10 million earmark for this use).
       Authorizes the Attorney General to make grants through 2003 
     to states, units of local government, and Indian tribes to 
     provide improved security, including the placement and use of 
     metal detectors and other deterrent measures, at schools and 
     on school grounds.
       Authorization level is $30 million/year.
     Sec. 1109. Dating Violence
       Incorporates ``dating violence'' into certain purpose areas 
     for which grants may be used under the STOP, Pro-Arrest, and 
     Rural Domestic Violence and Child Abuse Enforcement grant 
     programs. Defines ``dating violence'' as violence committed 
     by a person: (A) who is or has been in a social relationship 
     of a romantic or intimate nature with the victim; and (B) 
     where the existence of such a relationship shall be 
     determined based on consideration of the following factors: 
     (i) the length of the relationship; (ii) the type of 
     relationship; and (iii) the frequency of interaction between 
     the persons involved in the relationship.

[[Page H8883]]

        Title II--Strengthening Services to Victims of Violence

     Sec. 1201. Legal Assistance to Victims of Domestic Violence 
         and Sexual Assault
       Building on set-asides in past STOP grant appropriations 
     since fiscal year 1998 for civil legal assistance, this 
     section authorizes a separate grant program for those 
     purposes through 2005. Helps victims of domestic violence, 
     stalking, and sexual assault who need legal assistance as a 
     consequence of that violence to obtain access to trained 
     attorneys and lay advocacy services, particularly pro bono 
     legal services. Grants support training, technical 
     assistance, data collection, and support for cooperative 
     efforts between victim advocacy groups and legal assistance 
     providers.
       Defines the term ``legal assistance'' to include assistance 
     to victims of domestic violence, stalking, and sexual assault 
     in family, immigration, administrative agency, or housing 
     matters, protection or stay away order proceedings, and other 
     similar matters. For purposes of this section, 
     ``administrative agency'' refers to a federal, state, or 
     local governmental agency that provides financial benefits.
       Sets aside 5 percent of the amounts made available for 
     programs assisting victims of domestic violence, stalking, 
     and sexual assault in Indian country; sets aside 25 percent 
     of the funds used for direct services, training, and 
     technical assistance for the use of victims of sexual 
     assault.
       Appropriation is $40 million/year (FY 2000 STOP grant 
     appropriation included a $28 million earmark for this use).
     Sec. 1202. Expanded Shelter for Battered Women and Their 
         Children
       Reauthorizes through 2005 current programs administered by 
     the Department of Health and Human Services to help 
     communities provide shelter to battered women and their 
     children, with increased funding to provide more shelter 
     space to assist the tens of thousands who are now being 
     turned away.
       Authorization level is $175 million/year (FY 2000 
     appropriation was $101.5 million).
     Sec. 1203. Transitional Housing Assistance for Victims of 
         Domestic Violence
       Authorizes the Department of Health and Human Services to 
     make grants to provide short-term housing assistance and 
     support services to individuals and their dependents who are 
     homeless or in need of transitional housing or other housing 
     assistance as a result of fleeing a situation of domestic 
     violence, and for whom emergency shelter services are 
     unavailable or insufficient.
       Authorization level is $25 million for FY 2001.
     Sec. 1204. National Domestic Violence Hotline
       Extends through 2005 this grant to meet the growing demands 
     on the National Domestic Violence Hotline established under 
     the original Violence Against Women Act due to increased call 
     volume since its inception. Requires annual reports on the 
     Hotline's operation.
       Authorization level is $2 million/year (FY 2000 
     appropriation was $2 million).
     Sec. 1205. Federal Victims Counselors Grants Reauthorization
       Extends through 2005 this program under which U.S. Attorney 
     offices can hire counselors to assist victims and witnesses 
     in prosecution of sex crimes and domestic violence crimes.
       Authorization level is $1 million/year (FY 1998 
     appropriation was $1 million).
     Sec. 1206. Study of State Laws Regarding Insurance 
         Discrimination Against Victims of Violence Against Women
       Requires the Attorney General to conduct a national study 
     to identify state laws that address insurance discrimination 
     against victims of domestic violence and submit 
     recommendations based on that study to Congress.
     Sec. 1207. Study of Workplace Effects from Violence Against 
         Women
       Requires the Attorney General to conduct a national survey 
     of programs to assist employers on appropriate responses in 
     the workplace to victims of domestic violence or sexual 
     assault and submit recommendations based on that study to 
     Congress.
     Sec. 1208. Study of Unemployment Compensation For Victims of 
         Violence Against Women
       Requires the Attorney General to conduct a national study 
     to identify the impact of state unemployment compensation 
     laws on victims of domestic violence when the victim's 
     separation from employment is a direct result of the domestic 
     violence, and to submit recommendations based on that study 
     to Congress.
     Sec. 1209. Enhancing Protections for Older and Disabled Women 
         from Domestic Violence and Sexual Assault
       Adds as new purposes areas to STOP grants and Pro-Arrest 
     grants the development of policies and initiatives that help 
     in identifying and addressing the needs of older and disabled 
     women who are victims of domestic violence or sexual assault.
       Authorizes the Attorney General to make grants for training 
     programs through 2005 to assist law enforcement officers, 
     prosecutors, and relevant court officers in recognizing, 
     addressing, investigating, and prosecuting instances of elder 
     abuse, neglect, and exploitation and violence against 
     individuals with disabilities, including domestic violence 
     and sexual assault, against older or disabled individuals.
       Authorization is $5 million/year.

        Title III--Limiting the Effects of Violence on Children

     Sec. 1301. Safe Havens for Children Pilot Program
       Establishes through 2002 a pilot Justice Department grant 
     program aimed at reducing the opportunity for domestic 
     violence to occur during the transfer of children for 
     visitation purposes by expanding the availability of 
     supervised visitation and safe visitation exchange for the 
     children of victims of domestic violence, child abuse, sexual 
     assault, or stalking.
       Authorization level is $15 million for each year.
     Sec. 1302. Reauthorization of Victims of Child Abuse Act 
         Grants
       Extends through 2005 three grant programs geared to assist 
     children who are victims of abuse. These are the court-
     appointed special advocate program, child abuse training for 
     judicial personnel and practitioners, and grants for 
     televised testimony of children.
       Authorization levels are $12 million/year for the special 
     advocate program, $2.3 million/year for the judicial 
     personnel training program, and $1 million/year for televised 
     testimony (FY 2000 appropriations were $10 million, $2.3 
     million, and $1 million respectively).
     Sec. 1303. Report on Parental Kidnaping Laws
       Requires the Attorney General to study and submit 
     recommendations on federal and state child custody laws, 
     including custody provisions in protection orders, the 
     Parental Kidnaping Prevention Act of 1980, and the Uniform 
     Child Custody Jurisdiction and Enforcement Act adopted by the 
     National Conference of Commissioners on Uniform State Laws in 
     July 1997, and the effect of those laws on child custody 
     cases in which domestic violence is a factor. Amends 
     emergency jurisdiction to cover domestic violence.
       Authorization levels is $200,000.

   Title IV--Strengthening Education and Training To Combat Violence 
                             Against Women

     Sec. 1401. Rape Prevention and Education Program 
         Reauthorization
       Extends through 2005 this Sexual Assault Education and 
     Prevention Grant program; includes education for college 
     students; provides funding to continue the National Resource 
     Center on Sexual Assault at the Centers for Disease Control 
     and Prevention.
       Authorization level is $80 million/year (FY 2000 
     appropriation was $45 million).
     Sec. 1402. Education and Training to End Violence Against and 
         Abuse of Women with Disabilities
       Establishes a new Justice Department grant program through 
     2005 to educate and provide technical assistance to providers 
     on effective ways to meet the needs of disabled women who are 
     victims of domestic violence, sexual assault, and stalking.
       Authorization level is $7.5 million/year.
     Sec. 1403. Reauthorization of Community Initiatives to 
         Prevent Domestic Violence
       Reauthorizes through 2005 this grant program to fund 
     collaborative community projects targeted for the 
     intervention and prevention of domestic violence.
       Authorization level is $6 million/year (FY 2000 
     appropriation was $6 million).
     Sec. 1404. Development of Research Agenda Identified under 
         the Violence Against Women Act.
       Requires the Attorney General to direct the National 
     Institute of Justice,in consultation with the Bureau of 
     Justice Statistics and the National Academy of Sciences, 
     through its National Research Council, to develop a plan to 
     implement a research agenda based on the recommendations in 
     the National Academy of Science report ``Understanding 
     Violence Against Women,'' which was produced under a grant 
     awarded under the original Violence Against Women Act.
       Authorization is for such sums as may be necessary to carry 
     out this section.
     Sec. 1405. Standards, Practice, and Training for Sexual 
         Assault Forensic Examinations
       Requires the Attorney General to evaluate existing 
     standards of training and practice for licensed health care 
     professionals performing sexual assault forensic examinations 
     and develop a national recommended standard for training; to 
     recommend sexual assault forensic examination training for 
     all health care students; and to review existing protocols on 
     sexual assault forensic examinations and, based on this 
     review, develop a recommended national protocol and establish 
     a mechanism for its nationwide dissemination.
       Authorization level is $200,000 for FY 2001.
     Sec. 1406. Education and Training for Judges and Court 
         Personnel.
       Amends the Equal Justice for Women in the Courts Act of 
     1994, authorizing $1,500,000 each year through 2005 for 
     grants for education and training for judges and court 
     personnel in state courts, and $500,000 each year through 
     2005 for grants for education and training for judges and 
     court personnel in federal courts. Adds three areas of 
     training eligible for grant use.
     Sec. 1407. Domestic Violence Task Force
       Requires the Attorney General to establish a task force to 
     coordinate research on domestic violence and to report to 
     Congress on any overlapping or duplication of efforts among 
     the federal agencies that address domestic violence.
       Authorization level is $500,000.

                   Title V--Battered Immigrant Women

       Strengthens and refines the protections for battered 
     immigrant women in the original

[[Page H8884]]

     Violence Against Women Act. Eliminates a number of ``catch-
     22'' policies and unintended consequences of subsequent 
     changes in immigration law to ensure that domestic abusers 
     with immigrant victims are brought to justice and that the 
     battered immigrants Congress sought to help in the original 
     Act are able to escape the abuse.

                        Title VI--Miscellaneous

     Sec. 1601. Notice Requirements for Sexually Violent Offenders
       Amends the Jacob Wetterling Crimes Against Children and 
     Sexually Violent Offender Registration Act to require sex 
     offenders already required to register in a State to provide 
     notice, as required under State law, or each institution of 
     higher education in that State at which the person is 
     employed, carried on a vocation, or is a student. Requires 
     that state procedures ensure that this registration 
     information is promptly made available to law enforcement 
     agencies with jurisdiction where the institutions of higher 
     education are located and that it is entered into appropriate 
     State records or data systems. These changes take effect 2 
     years after enactment.
       Amends the Higher Education Act of 1965 to require 
     institutions of higher education to issue a statement, in 
     addition to other disclosures required under that Act, 
     advising the campus community where law enforcement agency 
     information provided by a State concerning registered sex 
     offenders may be obtained. This change takes effect 2 years 
     after enactment.
       Amends the Family Educational Rights and Privacy Act of 
     1974 to clarify that nothing in that Act may be construed to 
     prohibit an educational institution from disclosing 
     information provided to the institution concerning registered 
     sex offenders; requires the Secretary of Education to take 
     appropriate steps to notify educational institutions that 
     disclosure of this information is permitted.
     Sec. 1602. Teen Suicide Prevention Study
       Authorizes a study by the Secretary of Health and Human 
     Services of predictors of suicide among at-risk and other 
     youth, and barriers that prevent the youth from receiving 
     treatment, to facilitate the development of model treatment 
     programs and public education and awareness efforts.
       Authorization is for such sums as may be necessary.
     Sec. 1603. Decade of Pain Control and Research
       Designates the calendar decade beginning January 1, 2001, 
     as the ``Decade of Pain Control and Research.''

           Division B--The Violence Against Women Act of 2000

      Title V--The Battered Immigrant Women Protection Act of 2000


                      section-by-section analysis

       Generally designed to improve on efforts made in VAWA 1994 
     to prevent immigration law from being used by an abusive 
     citizen or lawful permanent resident spouse as a tool to 
     prevent an abused immigrant spouse from reporting abuse or 
     leaving the abusive relationship. This could happen because 
     generally speaking, U.S. immigration law gives citizens and 
     lawful permanent residents the right to petition for their 
     spouses to be granted a permanent resident visa, which is the 
     necessary prerequisite for immigrating to the United States. 
     In the vast majority of cases, granting the right to seek the 
     visa to the citizen or lawful permanent resident spouse makes 
     sense, since the purpose of family immigration visas is to 
     allow U.S. citizens or lawful permanent residents to live 
     here with their spouses and children. But in the unusual case 
     of the abusive relationship, an abusive citizen or lawful 
     permanent resident can use control over his or her spouse's 
     visa as a means to blackmail and control the spouse. The 
     abusive spouse would do this by withholding a promised visa 
     petition and then threatening to turn the abused spouse in to 
     the immigration authorities if the abused spouse sought to 
     leave the abuser or report the abuse.
       VAWA 1994 changed this by allowing immigrants who 
     demonstrate that they have been battered or subjected to 
     extreme cruelty by their U.S. citizen or lawful permanent 
     resident spouses to file their own petitions for visas 
     without the cooperation of their abusive spouse. VAWA 1994 
     also allowed abused spouses placed in removal proceedings to 
     seek ``cancellation of removal,'' a form of discretionary 
     relief from removal available to individuals in unlawful 
     immigration status with strong equities, after three years 
     rather than the seven ordinarily required. Finally, VAWA 1994 
     granted similar rights to minor children abused by their 
     citizen or lawful permanent resident parent, whose 
     immigration status, like that of the abused spouse, would 
     otherwise be dependent on the abusive parent. VAWA 2000 
     addresses residual immigration law obstacles standing in the 
     path of battered immigrant spouses and children seeking to 
     free themselves from abusive relationships that either had 
     not come to the attention of the drafters of VAWA 1994 or 
     have arisen since as a result of 1996 changes to immigration 
     law.
     Sec. 1501. Short Title
       Names this tile the Battered Immigrant Women Protection Act 
     of 2000.
     Sec. 1502. Findings and Purposes
       Lays out as the purpose of the title building on VAWA 
     1994's efforts to enable battered immigrant spouses and 
     children to free themselves of abusive relationships and 
     report abuse without fear of immigration law consequences 
     controlled by their abusive citizen or lawful permanent 
     resident spouse or parent.
     Sec. 1503. Improved Access to Immigration Protections of the 
         Violence Against Women Act of 1994 for Battered Immigrant 
         Women
       Allows abused spouses and children who have already 
     demonstrated to the INS that they have been the victims of 
     battery or extreme cruelty by their spouse or parent to file 
     their own petition for a lawful permanent resident visa 
     without also having to show they will suffer ``extreme 
     hardship'' if forced to leave the U.S., a showing that is not 
     required if their citizen or lawful permanent resident spouse 
     or parent files the visa petition on their behalf. Eliminates 
     U.S. residency as a prerequisite for a spouse or child of a 
     citizen or lawful permanent resident who has been battered in 
     the U.S. or whose spouse is a member of the uniformed 
     services or a U.S. government employee to file for his or her 
     own visa, since there is no U.S. residency prerequisite for 
     non-battered spouses' or children's visas. Retains current 
     law's special requirement that abused spouses and children 
     filing their own petitions (unlike spouses and children for 
     whom their citizen or lawful permanent resident spouse or 
     parent petitions) demonstrate good moral character, but 
     modifies it to give the Attorney General authority to find 
     good moral character despite certain otherwise disqualifying 
     acts if those acts were connected to the abuse.
       Allows a victim of battery or extreme cruelty who believed 
     himself or herself to be a citizen's or lawful permanent 
     resident's spouse and went through a marriage ceremony to 
     file a visa petition as a battered spouse if the marriage was 
     not valid solely on account of the citizen's or lawful 
     permanent resident's bigamy. Allows a battered spouse whose 
     citizen spouse died, whose spouse lost citizenship, whose 
     spouse lost lawful permanent residency, or from whom the 
     battered spouse was divorced to file a visa petition as an 
     abused spouse within two years of the death, loss of 
     citizenship or lawful permanent residency, or divorce, 
     provided that the loss of citizenship, status or divorce was 
     connected to the abuse suffered by the spouse. Allows a 
     battered spouse to naturalize after three years residency as 
     other spouses may do, but without requiring the battered 
     spouse to live in marital union with the abusive spouse 
     during that period.
       Allows abused children or children of abused spouses whose 
     petitions were filed when they were minors to maintain their 
     petitions after they attain age 21, as their citizen or 
     lawful permanent resident parent would be entitled to do on 
     their behalf had the original petition been filed during the 
     child's minority, treating the petition as filed on the date 
     of the filing of the original petition for purposes of 
     determining its priority date.
     Sec. 1504. Improved Access to Cancellation of Removal and 
         Suspension of Deportation under the Violence Against 
         Women Act of 1994
       Clarifies that with respect to battered immigrants, 
     IIRIRA's rule, enacted in 1996, that provides that with 
     respect to any applicant for cancellation of removal, any 
     absence that exceeds 90 days, or any series of absences that 
     exceed 180 days, interrupts continuous physical presence, 
     does not apply to any absence or portion of an absence 
     connected to the abuse. Makes this change retroactive to date 
     of enactment of IIRIRA. Directs Attorney General to parole 
     children of battered immigrants granted cancellation until 
     their adjustment of status application has been acted on, 
     provided the battered immigrant exercises due diligence in 
     filing such an application.
     Sec. 1505. Offering Equal Access to Immigration Protections 
         of the Violence Against Women Act of 1994 for All 
         Qualified Battered Immigrant Self-Petitioners
       Grants the Attorney General the authority to waive certain 
     bars to admissibility or grounds of deportability with 
     respect to battered spouses and children. New Attorney 
     General waiver authority granted (1) for crimes of domestic 
     violence or stalking where the spouse or child was not the 
     primary perpetrator of violence in the relationship, the 
     crime did not result in serious bodily injury, and there was 
     a connection between the crime and the abuse suffered by the 
     spouse or child; (2) for misrepresentations connected with 
     seeking an immigration benefit in cases of extreme hardship 
     to the alien (paralleling the AG's waiver authority for 
     spouses and children petitioned for by their citizen or 
     lawful permanent resident spouse or parent in cases of 
     extreme hardship to the spouse or parent); (3) for crimes of 
     moral turpitude not constituting aggravated felonies where 
     the crime was connected to the abuse (similarly paralleling 
     the AG's waiver authority for spouses and children petitioned 
     for by their spouse or parent); (4) for health related 
     grounds of inadmissibility (also paralleling the AG's waiver 
     authority for spouses and children petitioned for by their 
     spouse or parent); and (5) for unlawful presence after a 
     prior immigration violation, if there is a connection between 
     the abuse and the alien's removal, departure, reentry, or 
     attempted reentry. Clarifies that a battered immigrant's use 
     of public benefits specifically made available to battered 
     immigrants in PRWORA does not make the immigrant inadmissible 
     on public charge ground.

[[Page H8885]]

     Sec. 1506. Restoring Immigration Protections under the 
         Violence Against Women Act of 1994
       Establishes mechanism paralleling mechanism available to 
     spouses and children petitioned for by their spouse or parent 
     to enable VAWA-qualified battered spouse or child to obtain 
     status as lawful permanent resident in the United States 
     rather than having to go abroad to get a visa.
       Addresses problem created in 1996 for battered immigrants' 
     access to cancellation of removal by IIRIRA's new stop-time 
     rule. That rule was aimed at individuals gaming the system to 
     gain access to cancellation of removal. To prevent this, 
     IIRIRA stopped the clock on accruing any time toward 
     continuous physical presence at the times INS initiates 
     removal proceedings against an individual. This section 
     eliminates application of this rule to battered immigrant 
     spouses and children, who, if they are sophisticated enough 
     about immigration law and had sufficient freedom of movement 
     to ``game the system'', presumably would have filed self-
     petitions, and more likely do not even know that INS has 
     initiated proceedings against them because their abusive 
     spouse or parent has withheld their mail. To implement this 
     change, allows a battered immigrant spouse or child to file a 
     motion to reopen removal proceedings within 1 year of the 
     entry of an order of removal (which deadline may be waived in 
     the Attorney General's discretion if the Attorney General 
     finds extraordinary circumstances or extreme hardship to the 
     alien's child) provided the alien files a complete 
     application to be classified as VAWA-eligible at the time the 
     alien files the reopening motion.
     Sec. 1507. Remedying Problems with Implementation of the 
         Immigration Provisions of the Violence Against Women Act 
         of 1994
       Clarifies that negative changes of immigration status of 
     abuser or divorce after abused spouse or child files petition 
     under VAWA have no effect on status of abused spouse or 
     child. Reclassifies abused spouse or child as spouse or child 
     of citizen if abuser becomes citizen notwithstanding divorce 
     or termination of parental rights (so as not to create 
     incentive for abuse victim to delay leaving abusive situation 
     on account of potential future improved immigration status of 
     abuser). Clarifies that remarriage has no effect on pending 
     VAWA immigration petition.
     Sec. 1508. Technical Correction to Qualified Alien Definition 
         for Battered Immigrants
       Makes technical change of description of battered aliens 
     allowed to access certain public benefits so as to use 
     correct pre-IIRIRA name for equitable relief 
     from deportation/removal (``suspension of deportation'' 
     rather than ``cancellation of removal'') for pre-IIRIRA 
     cases.
     Sec. 1509. Access to Cuban Adjustment Act for Battered 
         Immigrant Spouses and Children
       Allows battered spouses and children to access special 
     immigration benefits available under Cuban Adjustment Act to 
     other spouses and children of Cubans on the basis of the same 
     showing of battery or extreme cruelty they would have to make 
     as VAWA self-petitioners; relieves them of Cuban Adjustment 
     Act showing that they are residing with their spouse/parent.
     Sec. 1510. Access to the Nicaraguan Adjustment and Central 
         American Relief Act for Battered Spouses and Children
       Provides access to special immigration benefits under 
     NACARA to battered spouses and children similarly to the way 
     section 509 does with respect to Cuban Adjustment Act.
     Sec. 1511. Access to the Haitian Refugee Fairness Act of 1998 
         for Battered Spouses and Children
       Provides access to special immigration benefits under HRIFA 
     to battered spouses and children similarly to the way section 
     509 does with respect to Cuban Adjustment Act.
     Sec. 1512. Access to Services and Legal Representation for 
         Battered Immigrants
       Clarifies that Stop grants, Grants to Encourage Arrest, 
     Rural VAWA grants, Civil Legal Assistance grants, and Campus 
     grants can be used to provide assistance to battered 
     immigrants. Allows local battered women's advocacy 
     organizations, law enforcement or other eligible Stop grant 
     applicants to apply for Stop funding to train INS officers 
     and immigration judges as well as other law enforcement 
     officers on the special needs of battered immigrants.
     Sec. 1513. Protection for Certain Crime Victims Including 
         Victims of Crimes Against Women
       Creates new nonimmigrant visa for victims of certain 
     serious crimes that tend to target vulnerable foreign 
     individuals without immigration status if the victim has 
     suffered substantial physical or mental abuse as a result of 
     the crime, the victim has information about the crime, and a 
     law enforcement official or a judge certifies that the victim 
     has been helpful, is being helpful, or is likely to be 
     helpful in investigating or prosecuting the crime. The crime 
     must involve rape, torture, trafficking, incest, sexual 
     assault, domestic violence, abusive sexual contact, 
     prostitution, sexual exploitation, female genital mutilation, 
     being held hostage, peonage, involuntary servitude, slave 
     trade, kidnapping, abduction, unlawful criminal restraint, 
     false imprisonment, blackmail, extortion, manslaughter, 
     murder, felonious assault, witness tampering, obstruction of 
     justice, perjury, attempt or conspiracy to commit any of the 
     above, or other similar conduct in violation of Federal, 
     State, or local criminal law. Caps visas at 10,000 per fiscal 
     year. Allows Attorney General to adjust these individuals to 
     lawful permanent resident status if the alien has been 
     present for 3 years and the Attorney General determines this 
     is justified on humanitarian grounds, to promote family 
     unity, or is otherwise in the public interest.


                              aimee's law

       This bill penalizes States that fail to incarcerate 
     criminals convicted of murder, rape, and dangerous sexual 
     offenses for long prison terms. In cases in which a State 
     convicts a person of murder, rape, or a dangerous sexual 
     offense, and that person has a prior conviction for any one 
     of those offenses in a designated State, the designated State 
     must pay, from federal law enforcement assistance funds, the 
     incarceration and prosecution cost of the latter State. (The 
     Attorney General would transfer the federal law enforcement 
     funds from the prior State to the subsequent State.)
       A State is a designated State and is subject to penalty 
     under this section if (1) the average term of imprisonment 
     imposed by the State on persons convicted of the offense for 
     which that person was convicted is less than the average term 
     of imprisonment imposed for that offense in all states; or 
     (2) that person had served less than 85 percent of the prison 
     term to which he was sentenced for the prior offense. (In 
     making this calculation, if the State has an indeterminate 
     sentencing system, the prison term shall be considered the 
     lower range of the sentence. For example, if a person is 
     sentenced 10-to-12 years, then the calculation is whether the 
     person served 85 percent of 10 years.)
     Concerning Sec. 2002 and 2003 of Division C.
       Sections 2002 and 2003, which may be referred to as the 
     Justice for Victims of Terrorism Act, helps American victims 
     of terrorism abroad collect court-awarded compensation and 
     ensures that the responsible state sponsors of terrorism pay 
     a price for their crimes.
       In March 1985, Terry Anderson, an American journalist 
     working in Beirut, was kidnapped by agents of the Islamic 
     Republic of Iran. He was held captive by his kidnappers in 
     deplorable conditions until early December 1991.
       During the 1980's three other individuals working in 
     Lebanon, David Jacobsen, an administrator of the American 
     University hospital in Beirut, Joseph Ciccippio, a 
     comptroller of the American University school and hospital 
     and Frank Reed, a principal of a private secondary school in 
     Beirut, were also held captive by agents of the Islamic 
     Republic of Iran.
       In April 1995, Alisa Flatow, a 20-year-old college student 
     from New Jersey, was on a bus on the Gaza strip going to a 
     Passover holiday celebration. A terrorist from the Iranian 
     backed Islamic Jihad rammed his car loaded with explosives 
     into the bus, killing Ms. Flatow and seven others.
       Two Americans studying in Israel, Matthew Eisenfeld and 
     Sara Duker were killed in a suicide bombing of a bus in 
     Jerusalem in February 1996. Those responsible were provided 
     training, money, and resources by Iran.
       Also in February 1996, Cuban MiG aircraft shot down two 
     aircraft flown by the ``Brothers to the Rescue'' humanitarian 
     organization in international airspace over the Florida 
     Straits. Three American citizens were killed in the attack by 
     the Cuban government.
       Antiterrorism Act of 1996 gave these and other American 
     citizens injured in acts of terrorism their survivors to 
     bring a lawsuit against the terrorist state responsible for 
     that act. Congress and the President deliberately created an 
     exception to the doctrine of foreign sovereign immunity and 
     to the statutory protections of the Foreign Sovereign 
     Immunities Act, limited to victims' cases against countries 
     on the State Department's list of state sponsors of 
     terrorism.
       Following enactment of the Antiterrorism Act of 1996, 
     numerous American victims filed suit against terrorist 
     states. Each of the victims described above, or surviving 
     family members, has been awarded judgements by U.S. courts. 
     However, the victims were not able to collect on their 
     judgements. Iran and Cuba have few, if any, assets in the 
     United States not blocked by the Treasury Department under 
     sanctions laws or otherwise held by the U.S. Government. The 
     President did not exercise existing authorities to make those 
     assets available.
       After the Brothers to the Rescue incident, at a February 
     26, 1996, White House press briefing President Clinton stated 
     ``I am asking that Congress pass legislation that will 
     provide immediate compensation to the families, something to 
     which they are entitled under international law, out of 
     Cuba's blocked assets here in the United States. If Congress 
     passes this legislation, we can provide the compensation 
     immediately,'' The President did vest funds from blocked 
     Cuban accounts to make modest payments to the Brothers to the 
     Rescue families as a ``humanitarian gesture.''
       Section 117 of the Treasury and General Government 
     Appropriations Act for fiscal year 1999, explicitly made the 
     assets of foreign terrorist states blocked by the Treasury 
     Department under sanctions laws available for attachment by 
     U.S. courts for the very limited purpose of satisfying 
     Antiterrorism Act judgements.
       That legislation authorized the President to waive the 
     requirements of that provision

[[Page H8886]]

     in the interest of national security, but the scope of that 
     waiver authority remains in dispute. Presidential 
     Determination 99-1 asserted broad authority to waive the 
     entirety of the provision. But the District Court of the 
     Southern District of Florida, in Alejandre v. Republic of 
     Cuba, rejected the Administration's view and held, instead, 
     that the President's authority applied only to section 117's 
     requirement that the Secretaries of State and Treasury assist 
     a judgement creditor in identifying, locating, and executing 
     against non-blocked property of a foreign terrorist state.
       Subsection 1(f) of this bill repeals the waiver authority 
     granted in Section 117 of the Treasury and General Government 
     Appropriations Act for fiscal year 1999, replacing it will a 
     clearer but narrower waiver authority in the underlying 
     statute. The Committee hopes clarity in the legislative 
     history and intent of subsection 1(f), in the context of the 
     section as a whole, will ensure appropriate application of 
     the new waiver authority.
       This is a key issue for American victims of state-sponsored 
     terrorism who have sued or who will in the future sue the 
     responsible terrorism-list state, as they are entitled to do 
     under the Anti-Terrorism Act of 1996. Victims who already 
     hold U.S. court judgements, and a few whose related cases 
     will soon be decided, will receive their compensatory damages 
     as a result of this legislation.
       The Committee intends that this legislation will similarly 
     help other pending and future Antiterrorism Act plaintiffs as 
     and when U.S. courts issue judgements against the foreign 
     state sponsors of specific terrorist acts. The Committee 
     shares the particular interest of the sponsors of this 
     legislation in ensuring that the families of the victims of 
     Pan Am flight 103 should be able to collect damages promptly 
     if they can demonstrate to the satisfaction of a U.S. court 
     that Libya is indeed responsible for that heinous bombing. 
     The Committee is similarly interested in pending suits 
     against Iraq.
       In replacing the waiver, the conferees accept that the 
     President should have the authority to waive the court's 
     authority to attach blocked assets. But to understand the 
     view of the committee with respect to the use of the waiver, 
     it must be read within the context of other provisions of the 
     legislation.
       A waiver of the attachment provision would seem appropriate 
     for final and pending Anti-Terrorism Act cases identified in 
     subsection (a)(2) of this bill. In these cases, judicial 
     attachment is not necessary because the executive branch will 
     appropriately pay compensatory damages to the victims and use 
     blocked assets to collect the funds from terrorist states.
       Of particular significance, this section reaffirms the 
     President's statutory authority, inter alia, to vest blocked 
     foreign government assets and where appropriate make payments 
     to victims of terrorism. The President has the authority to 
     assist victims with pending and future cases.
       The Committee's intent is that the President will review 
     each case when the court issues a final judgement to 
     determine whether to use the national security waiver, 
     whether to help the plaintiffs collect from a foreign state's 
     non-blocked assets in the United States whether to allow the 
     courts to attach and execute against blocked assets, or 
     whether to use existing authorities to vest and pay those 
     assets as damages to the victims of terrorism.
       When a future President does make a decision whether to 
     invoke the waiver, he should consider seriously whether the 
     national security standard for a waiver has been met. In 
     enacting this legislation, Congress is expressing the view 
     that the attachment and execution of frozen assets to enforce 
     judgements in cases under the Anti-Terrorism Act of 1996 is 
     not by itself contrary to the national security interest. 
     Indeed, in the view of the Committee, it is generally in the 
     national security interest of the United States to make 
     foreign state sponsors of terrorism pay court-awarded damages 
     to American victims, so neither the Foreign Sovereign 
     Immunities Act nor any other law will stand in the way of 
     justice. Thus, in the view of the committee the waiver 
     authority should not be exercised in a routine or blanket 
     manner, but only where U.S. national security interests would 
     be implicated in taking action against particular blocked 
     assets or where alternative recourse--such as vesting and 
     paying those assets--may be preferable to court attachment.
       Future Presidents should follow the precedent set by this 
     legislation, and find the best way to help victims of 
     terrorism collect on their judgements and make terrorist 
     states pay for their crimes.
       The conference report also includes a section, Section 
     2003, dealing with support for victims of international 
     terrorism. This section will enable the Office for Victims of 
     Crime (OVC) to provide more immediate and effective 
     assistance to Americans who are victims of terrorism abroad--
     Americans like those killed or injured in the embassy 
     bombings in Kenya and Tanzania, and in the Pan Am 103 bombing 
     over Lockerbie, Scotland. These victims deserve help, but 
     existing programs are failing to meet their needs.
       Section 2003(a) of the conference report will permit OVC to 
     serve these victims better by expanding the types of 
     assistance for which the Victims of Crime Act (VOCA) 
     emergency reserve fund may be used, and the range of 
     organizations to which assistance may be provided. These 
     changes will not require new or appropriated funds: They 
     simply allow OVC greater flexibility in using existing 
     reserve funds to assist victims of terrorism abroad, 
     including the victims of the Lockerbie and embassy bombings.
       Section 2003(b) will authorize OVC to raise the cap on the 
     VOCA emergency reserve fund from $50 million to $100 million, 
     so that the fund is large enough to cover the extraordinary 
     costs that would be incurred if a terrorist act caused 
     massive casualties, and to replenish the reserve fund with 
     unobligated funds from its other grant programs.
       Section 2003(c) will simplify the presently-authorized 
     system of using VOCA funds to provide victim compensation to 
     American victims of terrorism abroad, by permitting OVC to 
     establish and operate an international crime victim 
     compensation program. This program will, in addition, cover 
     foreign nationals who are employees of any American 
     government institution targeted for terrorist attack. The 
     source of funding is the VOCA emergency reserve fund, which 
     Congress authorized in an amendment to the 1996 Antiterrorism 
     and Effective Death Penalty Act.
       Section 2003(d) clarifies that deposits into the Crime 
     Victims Fund remain available for intended uses under VOCA 
     when not expended immediately. This should quell concerns 
     raised regarding the effect of spending caps included in 
     appropriations bills last year and this. The appropriations' 
     actions were meant to defer spending, not to remove deposits 
     from the Fund. This provision makes that explicit.


       Summary of S. 577--Twenty-First Amendment Enforcement Act

       The purpose of S. 577 is to provide a mechanism to enable 
     States to effectively enforce their laws against the illegal 
     interstate shipment of alcoholic beverages. While Federal law 
     already prohibits the interstate shipment of alcohol in 
     violation of state law, unfortunately, that general 
     prohibition lacks any enforcement mechanism. S. 577 provides 
     that mechanism by permitting the Attorney General of a State, 
     who has reasonable cause to believe that his or her State 
     laws regulating the importation and transportation of alcohol 
     are being violated, to file an action in federal court for an 
     injunction to stop those illegal shipments.
       S. 577 only reaches those that violate the law. It only 
     allows actions for an injunction if a person is ``engaged 
     in'' or ``has engaged in'' an act that would constitute a 
     violation of a State law, but prohibits injunctions to 
     restrain otherwise lawful advertising. Additionally, S. 577 
     provides that no preliminary injunctions could be obtained 
     without: (1) proving irreparable injury, and (2) a 
     probability of success on the merits. S. 577 also includes a 
     provision on the ``Rules of Construction,'' which states that 
     the power conveyed by this act is limited to the valid 
     exercise of power vested in the states under the 21st 
     Amendment in accordance with Supreme Court precedent and 
     interpretation, and shall not be interpreted to grant to 
     states any additional power.
     Benjamin Gilman,
     Bill Goodling,
     Chris Smith,
     Henry Hyde,
     Nancy L. Johnson,
     Sam Gejdenson,
     Tom Lantos,
     Ben Cardin,
                                Managers of the Part of the House.
     From the Committee on the Judiciary:
     Orrin Hatch,
     Strom Thurmond,
     From the Committee on Foreign Relations:
     Jesse Helms,
     Sam Brownback,
     Joe Biden,
     Paul Wellstone,
     Managers of the Part of the Senate.

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