[House Report 106-939]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-939

======================================================================



 
       VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000

                                _______
                                

                October 5, 2000.--Ordered to be printed

                                _______
                                

 Mr. Smith of New Jersey, from the committee of conference, submitted 
                             the following

                           CONFERENCE REPORT

                        [To accompany H.R. 3244]

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

SECTION 1. SHORT TITLE.

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

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

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

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

         DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000

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

             DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000

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

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

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

         TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

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

         TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

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

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

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

                    TITLE V--BATTERED IMMIGRANT WOMEN

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

                         TITLE VI--MISCELLANEOUS

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

                  DIVISION C--MISCELLANEOUS PROVISIONS

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

         DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000

SEC. 101. SHORT TITLE.

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

SEC. 102. PURPOSES AND FINDINGS.

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

SEC. 103. DEFINITIONS.

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

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

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

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

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

SEC. 106. PREVENTION OF TRAFFICKING.

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

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

    (a) Assistance for Victims in Other Countries.--
            (1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for 
        International Development, in consultation with 
        appropriate nongovernmental organizations, shall 
        establish and carry out programs and initiatives in 
        foreign countries to assist in the safe integration, 
        reintegration, or resettlement, as appropriate, of 
        victims of trafficking. Such programs and initiatives 
        shall be designed to meet the appropriate assistance 
        needs of such persons and their children, as identified 
        by the Task Force.
            (2) Additional requirement.--In establishing and 
        conducting programs and initiatives described in 
        paragraph (1), the Secretary of State and the 
        Administrator of the United States Agency for 
        International Development shall take all appropriate 
        steps to enhance cooperative efforts among foreign 
        countries, including countries of origin of victims of 
        trafficking, to assist in the integration, 
        reintegration, or resettlement, as appropriate, of 
        victims of trafficking, including stateless victims.
    (b) Victims in the United States.--
            (1) Assistance.--
                    (A) Eligibility for benefits and 
                services.--Notwithstanding title IV of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996, an alien who is a 
                victim of a severe form of trafficking in 
                persons shall be eligible for benefits and 
                services under any Federal or State program or 
                activity funded or administered by any official 
                or agency described in subparagraph (B) to the 
                same extent as an alien who is admitted to the 
                United States as a refugee under section 207 of 
                the Immigration and Nationality Act.
                    (B) Requirement to expand benefits and 
                services.--Subject to subparagraph (C) and, in 
                the case of nonentitlement programs, to the 
                availability of appropriations, the Secretary 
                of Health and Human Services, the Secretary of 
                Labor, the Board of Directors of the Legal 
                Services Corporation, and the heads of other 
                Federal agencies shall expand benefits and 
                services to victims of severe forms of 
                trafficking in persons in the United States, 
                without regard to the immigration status of 
                such victims.
                    (C) Definition of victim of a severe form 
                of trafficking in persons.--For the purposes of 
                this paragraph, the term ``victim of a severe 
                form of trafficking in persons'' means only a 
                person--
                            (i) who has been subjected to an 
                        act or practice described in section 
                        103(8) as in effect on the date of the 
                        enactment of this Act; and
                            (ii)(I) who has not attained 18 
                        years of age; or
                            (II) who is the subject of a 
                        certification under subparagraph (E).
                    (D) Annual report.--Not later than December 
                31 of each year, the Secretary of Health and 
                Human Services, in consultation with the 
                Secretary of Labor, the Board of Directors of 
                the Legal Services Corporation, and the heads 
                of other appropriate Federal agencies shall 
                submit a report, which includes information on 
                the number of persons who received benefits or 
                other services under this paragraph in 
                connection with programs or activities funded 
                or administered by such agencies or officials 
                during the preceding fiscal year, to the 
                Committee on Ways and Means, the Committee on 
                International Relations, and the Committee on 
                the Judiciary of the House of Representatives 
                and the Committee on Finance, the Committee on 
                Foreign Relations, and the Committee on the 
                Judiciary of the Senate.
                    (E) Certification.--
                            (i) In general.--Subject to clause 
                        (ii), the certification referred to in 
                        subparagraph (C) is a certification by 
                        the Secretary of Health and Human 
                        Services, after consultation with the 
                        Attorney General, that the person 
                        referred to in subparagraph 
                        (C)(ii)(II)--
                                    (I) is willing to assist in 
                                every reasonable way in the 
                                investigation and prosecution 
                                of severe forms of trafficking 
                                in persons; and
                                    (II)(aa) has made a bona 
                                fide application for a visa 
                                under section 101(a)(15)(T) of 
                                the Immigration and Nationality 
                                Act, as added by subsection 
                                (e), that has not been denied; 
                                or
                                    (bb) is a person whose 
                                continued presence in the 
                                United States the Attorney 
                                General is ensuring in order to 
                                effectuate prosecution of 
                                traffickers in persons.
                            (ii) Period of effectiveness.--A 
                        certification referred to in 
                        subparagraph (C), with respect to a 
                        person described in clause (i)(II)(bb), 
                        shall be effective only for so long as 
                        the Attorney General determines that 
                        the continued presence of such person 
                        is necessary to effectuate prosecution 
                        of traffickers in persons.
                            (iii) Investigation and prosecution 
                        defined.--For the purpose of a 
                        certification under this subparagraph, 
                        the term ``investigation and 
                        prosecution'' includes--
                                    (I) identification of a 
                                person or persons who have 
                                committed severe forms of 
                                trafficking in persons;
                                    (II) location and 
                                apprehension of such persons; 
                                and
                                    (III) testimony at 
                                proceedings against such 
                                persons.
            (2) Grants.--
                    (A) In general.--Subject to the 
                availability of appropriations, the Attorney 
                General may make grants to States, Indian 
                tribes, units of local government, and 
                nonprofit, nongovernmental victims' service 
                organizations to develop, expand, or strengthen 
                victim service programs for victims of 
                trafficking.
                    (B) Allocation of grant funds.--Of amounts 
                made available for grants under this paragraph, 
                there shall be set aside--
                            (i) three percent for research, 
                        evaluation, and statistics;
                            (ii) two percent for training and 
                        technical assistance; and
                            (iii) one percent for management 
                        and administration.
                    (C) Limitation on federal share.--The 
                Federal share of a grant made under this 
                paragraph may not exceed 75 percent of the 
                total costs of the projects described in the 
                application submitted.
    (c) Trafficking Victim Regulations.--Not later than 180 
days after the date of enactment of this Act, the Attorney 
General and the Secretary of State shall promulgate regulations 
for law enforcement personnel, immigration officials, and 
Department of State officials to implement the following:
            (1) Protections while in custody.--Victims of 
        severe forms of trafficking, while in the custody of 
        the Federal Government and to the extent practicable, 
        shall--
                    (A) not be detained in facilities 
                inappropriate to their status as crime victims;
                    (B) receive necessary medical care and 
                other assistance; and
                    (C) be provided protection if a victim's 
                safety is at risk or if there is danger of 
                additional harm by recapture of the victim by a 
                trafficker, including--
                            (i) taking measures to protect 
                        trafficked persons and their family 
                        members from intimidation and threats 
                        of reprisals and reprisals from 
                        traffickers and their associates; and
                            (ii) ensuring that the names and 
                        identifying information of trafficked 
                        persons and their family members are 
                        not disclosed to the public.
            (2) Access to information.--Victims of severe forms 
        of trafficking shall have access to information about 
        their rights and translation services.
            (3) Authority to permit continued presence in the 
        united states.--Federal law enforcement officials may 
        permit an alien individual's continued presence in the 
        United States, if after an assessment, it is determined 
        that such individual is a victim of a severe form of 
        trafficking and a potential witness to such 
        trafficking, in order to effectuate prosecution of 
        those responsible, and such officials in investigating 
        and prosecuting traffickers shall protect the safety of 
        trafficking victims, including taking measures to 
        protect trafficked persons and their family members 
        from intimidation, threats of reprisals, and reprisals 
        from traffickers and their associates.
            (4) Training of government personnel.--Appropriate 
        personnel of the Department of State and the Department 
        of Justice shall be trained in identifying victims of 
        severe forms of trafficking and providing for the 
        protection of such victims.
    (d) Construction.--Nothing in subsection (c) shall be 
construed as creating any private cause of action against the 
United States or its officers or employees.
    (e) Protection From Removal for Certain Crime Victims.--
            (1) In general.--Section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) 
        is amended--
                    (A) by striking ``or'' at the end of 
                subparagraph (R);
                    (B) by striking the period at the end of 
                subparagraph (S) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(T)(i) subject to section 214(n), an 
                alien who the Attorney General determines--
                            ``(I) is or has been a victim of a 
                        severe form of trafficking in persons, 
                        as defined in section 103 of the 
                        Trafficking Victims Protection Act of 
                        2000,
                            ``(II) is physically present in the 
                        United States, American Samoa, or the 
                        Commonwealth of the Northern Mariana 
                        Islands, or at a port of entry thereto, 
                        on account of such trafficking,
                            ``(III)(aa) has complied with any 
                        reasonable request for assistance in 
                        the investigation or prosecution of 
                        acts of trafficking, or
                            ``(bb) has not attained 15 years of 
                        age, and
                            ``(IV) the alien would suffer 
                        extreme hardship involving unusual and 
                        severe harm upon removal; and
                    ``(ii) if the Attorney General considers it 
                necessary to avoid extreme hardship--
                            ``(I) in the case of an alien 
                        described in clause (i) who is under 21 
                        years of age, the spouse, children, and 
                        parents of such alien; and
                            ``(II) in the case of an alien 
                        described in clause (i) who is 21 years 
                        of age or older, the spouse and 
                        children of such alien,
                if accompanying, or following to join, the 
                alien described in clause (i).''.
            (2) Conditions of nonimmigrant status.--Section 214 
        of the Immigration and Nationality Act (8 U.S.C. 1184) 
        is amended--
                    (A) by redesignating the subsection (l) 
                added by section 625(a) of the Illegal 
                Immigration Reform and Immigrant Responsibility 
                Act of 1996 (Public Law 104-208; 110 Stat. 
                3009-1820) as subsection (m); and
                    (B) by adding at the end the following:
    ``(n)(1) No alien shall be eligible for admission to the 
United States under section 101(a)(15)(T) if there is 
substantial reason to believe that the alien has committed an 
act of a severe form of trafficking in persons (as defined in 
section 103 of the Trafficking Victims Protection Act of 2000).
    ``(2) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
under section 101(a)(15)(T) may not exceed 5,000.
    ``(3) The numerical limitation of paragraph (2) shall only 
apply to principal aliens and not to the spouses, sons, 
daughters, or parents of such aliens.''.
            (3) Waiver of grounds for ineligibility for 
        admission.--Section 212(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)) is amended by adding 
        at the end the following:
    ``(13)(A) The Attorney General shall determine whether a 
ground for inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(T).
    ``(B) In addition to any other waiver that may be available 
under this section, in the case of a nonimmigrant described in 
section 101(a)(15)(T), if the Attorney General considers it to 
be in the national interest to do so, the Attorney General, in 
the Attorney General's discretion, may waive the application 
of--
            ``(i) paragraphs (1) and (4) of subsection (a); and
            ``(ii) any other provision of such subsection 
        (excluding paragraphs (3), (10)(C), and (10(E)) if the 
        activities rendering the alien inadmissible under the 
        provision were caused by, or were incident to, the 
        victimization described in section 
        101(a)(15)(T)(i)(I).''.
            (4) Duties of the attorney general with respect to 
        ``t'' visa nonimmigrants.--Section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101) is 
        amended by adding at the end the following new 
        subsection:
    ``(i) With respect to each nonimmigrant alien described in 
subsection (a)(15)(T)(i)--
            ``(1) the Attorney General and other Government 
        officials, where appropriate, shall provide the alien 
        with a referral to a nongovernmental organization that 
        would advise the alien regarding the alien's options 
        while in the United States and the resources available 
        to the alien; and
            ``(2) the Attorney General shall, during the period 
        the alien is in lawful temporary resident status under 
        that subsection, grant the alien authorization to 
        engage in employment in the United States and provide 
        the alien with an `employment authorized' endorsement 
        or other appropriate work permit.''.
            (5) Statutory construction.--Nothing in this 
        section, or in the amendments made by this section, 
        shall be construed as prohibiting the Attorney General 
        from instituting removal proceedings under section 240 
        of the Immigration and Nationality Act (8 U.S.C. 1229a) 
        against an alien admitted as a nonimmigrant under 
        section 101(a)(15)(T)(i) of that Act, as added by 
        subsection (e), for conduct committed after the alien's 
        admission into the United States, or for conduct or a 
        condition that was not disclosed to the Attorney 
        General prior to the alien's admission as a 
        nonimmigrant under such section 101(a)(15)(T)(i).
    (f) Adjustment to Permanent Resident Status.--Section 245 
of such Act (8 U.S.C 1255) is amended by adding at the end the 
following new subsection:
    ``(l)(1) If, in the opinion of the Attorney General, a 
nonimmigrant admitted into the United States under section 
101(a)(15)(T)(i)--
            ``(A) has been physically present in the United 
        States for a continuous period of at least 3 years 
        since the date of admission as a nonimmigrant under 
        section 101(a)(15)(T)(i),
            ``(B) has, throughout such period, been a person of 
        good moral character, and
            ``(C)(i) has, during such period, complied with any 
        reasonable request for assistance in the investigation 
        or prosecution of acts of trafficking, or
            ``(ii) the alien would suffer extreme hardship 
        involving unusual and severe harm upon removal from the 
        United States,
the Attorney General may adjust the status of the alien (and 
any person admitted under that section as the spouse, parent, 
or child of the alien) to that of an alien lawfully admitted 
for permanent residence.
    ``(2) Paragraph (1) shall not apply to an alien admitted 
under section 101(a)(15)(T) who is inadmissible to the United 
States by reason of a ground that has not been waived under 
section 212, except that, if the Attorney General considers it 
to be in the national interest to do so, the Attorney General, 
in the Attorney General's discretion, may waive the application 
of--
            ``(A) paragraphs (1) and (4) of section 212(a); and
            ``(B) any other provision of such section 
        (excluding paragraphs (3), (10)(C), and (10(E)), if the 
        activities rendering the alien inadmissible under the 
        provision were caused by, or were incident to, the 
        victimization described in section 101(a)(15)(T)(i)(I).
    ``(2) An alien shall be considered to have failed to 
maintain continuous physical presence in the United States 
under paragraph (1)(A) if the alien has departed from the 
United States for any period in excess of 90 days or for any 
periods in the aggregate exceeding 180 days.
    ``(3)(A) The total number of aliens whose status may be 
adjusted under paragraph (1) during any fiscal year may not 
exceed 5,000.
    ``(B) The numerical limitation of subparagraph (A) shall 
only apply to principal aliens and not to the spouses, sons, 
daughters, or parents of such aliens.
    ``(4) Upon the approval of adjustment of status under 
paragraph (1), the Attorney General shall record the alien's 
lawful admission for permanent residence as of the date of such 
approval.''.
    (g) Annual Reports.--On or before October 31 of each year, 
the Attorney General shall submit a report to the appropriate 
congressional committees setting forth, with respect to the 
preceding fiscal year, the number, if any, of otherwise 
eligible applicants who did not receive visas under section 
101(a)(15)(T) of the Immigration and Nationality Act, as added 
by subsection (e), or who were unable to adjust their status 
under section 245(l) of such Act, solely on account of the 
unavailability of visas due to a limitation imposed by section 
214(n)(1) or 245(l)(4)(A) of such Act.

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

    (a) Minimum Standards.--For purposes of this division, the 
minimum standards for the elimination of trafficking applicable 
to the government of a country of origin, transit, or 
destination for a significant number of victims of severe forms 
of trafficking are the following:
            (1) The government of the country should prohibit 
        severe forms of trafficking in persons and punish acts 
        of such trafficking.
            (2) For the knowing commission of any act of sex 
        trafficking involving force, fraud, coercion, or in 
        which the victim of sex trafficking is a child 
        incapable of giving meaningful consent, or of 
        trafficking which includes rape or kidnapping or which 
        causes a death, the government of the country should 
        prescribe punishment commensurate with that for grave 
        crimes, such as forcible sexual assault.
            (3) For the knowing commission of any act of a 
        severe form of trafficking in persons, the government 
        of the country should prescribe punishment that is 
        sufficiently stringent to deter and that adequately 
        reflects the heinous nature of the offense.
            (4) The government of the country should make 
        serious and sustained efforts to eliminate severe forms 
        of trafficking in persons.
    (b) Criteria.--In determinations under subsection (a)(4), 
the following factors should be considered as indicia of 
serious and sustained efforts to eliminate severe forms of 
trafficking in persons:
            (1) Whether the government of the country 
        vigorously investigates and prosecutes acts of severe 
        forms of trafficking in persons that take place wholly 
        or partly within the territory of the country.
            (2) Whether the government of the country protects 
        victims of severe forms of trafficking in persons and 
        encourages their assistance in the investigation and 
        prosecution of such trafficking, including provisions 
        for legal alternatives to their removal to countries in 
        which they would face retribution or hardship, and 
        ensures that victims are not inappropriately 
        incarcerated, fined, or otherwise penalized solely for 
        unlawful acts as a direct result of being trafficked.
            (3) Whether the government of the country has 
        adopted measures to prevent severe forms of trafficking 
        in persons, such as measures to inform and educate the 
        public, including potential victims, about the causes 
        and consequences of severe forms of trafficking in 
        persons.
            (4) Whether the government of the country 
        cooperates with other governments in the investigation 
        and prosecution of severe forms of trafficking in 
        persons.
            (5) Whether the government of the country 
        extradites persons charged with acts of severe forms of 
        trafficking in persons on substantially the same terms 
        and to substantially the same extent as persons charged 
        with other serious crimes (or, to the extent such 
        extradition would be inconsistent with the laws of such 
        country or with international agreements to which the 
        country is a party, whether the government is taking 
        all appropriate measures to modify or replace such laws 
        and treaties so as to permit such extradition).
            (6) Whether the government of the country monitors 
        immigration and emigration patterns for evidence of 
        severe forms of trafficking in persons and whether law 
        enforcement agencies of the country respond to any such 
        evidence in a manner that is consistent with the 
        vigorous investigation and prosecution of acts of such 
        trafficking, as well as with the protection of human 
        rights of victims and the internationally recognized 
        human right to leave any country, including one's own, 
        and to return to one's own country.
            (7) Whether the government of the country 
        vigorously investigates and prosecutes public officials 
        who participate in or facilitate severe forms of 
        trafficking in persons, and takes all appropriate 
        measures against officials who condone such 
        trafficking.

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

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

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

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

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

    (a) Statement of Policy.--It is the policy of the United 
States not to provide nonhumanitarian, nontrade-related foreign 
assistance to any government that--
            (1) does not comply with minimum standards for the 
        elimination of trafficking; and
            (2) is not making significant efforts to bring 
        itself into compliance with such standards.
    (b) Reports to Congress.--
            (1) Annual report.--Not later than June 1 of each 
        year, the Secretary of State shall submit to the 
        appropriate congressional committees a report with 
        respect to the status of severe forms of trafficking in 
        persons that shall include--
                    (A) a list of those countries, if any, to 
                which the minimum standards for the elimination 
                of trafficking are applicable and whose 
                governments fully comply with such standards;
                    (B) a list of those countries, if any, to 
                which the minimum standards for the elimination 
                of trafficking are applicable and whose 
                governments do not yet fully comply with such 
                standards but are making significant efforts to 
                bring themselves into compliance; and
                    (C) a list of those countries, if any, to 
                which the minimum standards for the elimination 
                of trafficking are applicable and whose 
                governments do not fully comply with such 
                standards and are not making significant 
                efforts to bring themselves into compliance.
            (2) Interim reports.--In addition to the annual 
        report under paragraph (1), the Secretary of State may 
        submit to the appropriate congressional committees at 
        any time one or more interim reports with respect to 
        the status of severe forms of trafficking in persons, 
        including information about countries whose 
        governments--
                    (A) have come into or out of compliance 
                with the minimum standards for the elimination 
                of trafficking; or
                    (B) have begun or ceased to make 
                significant efforts to bring themselves into 
                compliance,
        since the transmission of the last annual report.
            (3) Significant efforts.--In determinations under 
        paragraph (1) or (2) as to whether the government of a 
        country is making significant efforts to bring itself 
        into compliance with the minimum standards for the 
        elimination of trafficking, the Secretary of State 
        shall consider--
                    (A) the extent to which the country is a 
                country of origin, transit, or destination for 
                severe forms of trafficking;
                    (B) the extent of noncompliance with the 
                minimum standards by the government and, 
                particularly, the extent to which officials or 
                employees of the government have participated 
                in, facilitated, condoned, or are otherwise 
                complicit in severe forms of trafficking; and
                    (C) what measures are reasonable to bring 
                the government into compliance with the minimum 
                standards in light of the resources and 
                capabilities of the government.
    (c) Notification.--Not less than 45 days or more than 90 
days after the submission, on or after January 1, 2003, of an 
annual report under subsection (b)(1), or an interim report 
under subsection (b)(2), the President shall submit to the 
appropriate congressional committees a notification of one of 
the determinations listed in subsection (d) with respect to 
each foreign country whose government, according to such 
report--
            (A) does not comply with the minimum standards for 
        the elimination of trafficking; and
            (B) is not making significant efforts to bring 
        itself into compliance, as described in subsection 
        (b)(1)(C).
    (d) Presidential Determinations.--The determinations 
referred to in subsection (c) are the following:
            (1) Withholding of nonhumanitarian, nontrade-
        related assistance.--The President has determined 
        that--
                    (A)(i) the United States will not provide 
                nonhumanitarian, nontrade-related foreign 
                assistance to the government of the country for 
                the subsequent fiscal year until such 
                government complies with the minimum standards 
                or makes significant efforts to bring itself 
                into compliance; or
                    (ii) in the case of a country whose 
                government received no nonhumanitarian, 
                nontrade-related foreign assistance from the 
                United States during the previous fiscal year, 
                the United States will not provide funding for 
                participation by officials or employees of such 
                governments in educational and cultural 
                exchange programs for the subsequent fiscal 
                year until such government complies with the 
                minimum standards or makes significant efforts 
                to bring itself into compliance; and
                    (B) the President will instruct the United 
                States Executive Director of each multilateral 
                development bank and of the International 
                Monetary Fund to vote against, and to use the 
                Executive Director's best efforts to deny, any 
                loan or other utilization of the funds of the 
                respective institution to that country (other 
                than for humanitarian assistance, for trade-
                related assistance, or for development 
                assistance which directly addresses basic human 
                needs, is not administered by the government of 
                the sanctioned country, and confers no benefit 
                to that government) for the subsequent fiscal 
                year until such government complies with the 
                minimum standards or makes significant efforts 
                to bring itself into compliance.
            (2) Ongoing, multiple, broad-based restrictions on 
        assistance in response to human rights violations.--The 
        President has determined that such country is already 
        subject to multiple, broad-based restrictions on 
        assistance imposed in significant part in response to 
        human rights abuses and such restrictions are ongoing 
        and are comparable to the restrictions provided in 
        paragraph (1). Such determination shall be accompanied 
        by a description of the specific restriction or 
        restrictions that were the basis for making such 
        determination.
            (3) Subsequent compliance.--The Secretary of State 
        has determined that the government of the country has 
        come into compliance with the minimum standards or is 
        making significant efforts to bring itself into 
        compliance.
            (4) Continuation of assistance in the national 
        interest.--Notwithstanding the failure of the 
        government of the country to comply with minimum 
        standards for the elimination of trafficking and to 
        make significant efforts to bring itself into 
        compliance, the President has determined that the 
        provision to the country of nonhumanitarian, nontrade-
        related foreign assistance, or the multilateral 
        assistance described in paragraph (1)(B), or both, 
        would promote the purposes of this division or is 
        otherwise in the national interest of the United 
        States.
            (5) Exercise of waiver authority.--
                    (A) In general.--The President may exercise 
                the authority under paragraph (4) with respect 
                to--
                            (i) all nonhumanitarian, nontrade-
                        related foreign assistance to a 
                        country;
                            (ii) all multilateral assistance 
                        described in paragraph (1)(B) to a 
                        country; or
                            (iii) one or more programs, 
                        projects, or activities of such 
                        assistance.
                    (B) Avoidance of significant adverse 
                effects.--The President shall exercise the 
                authority under paragraph (4) when necessary to 
                avoid significant adverse effects on vulnerable 
                populations, including women and children.
            (6) Definition of multilateral development bank.--
        In this subsection, the term ``multilateral development 
        bank'' refers to any of the following institutions: the 
        International Bank for Reconstruction and Development, 
        the International Development Association, the 
        International Finance Corporation, the Inter-American 
        Development Bank, the Asian Development Bank, the 
        Inter-American Investment Corporation, the African 
        Development Bank, the African Development Fund, the 
        European Bank for Reconstruction and Development, and 
        the Multilateral Investment Guaranty Agency.
    (e) Certification.--Together with any notification under 
subsection (c), the President shall provide a certification by 
the Secretary of State that, with respect to any assistance 
described in clause (ii), (iii), or (v) of section 103(7)(A), 
or with respect to any assistance described in section 
103(7)(B), no assistance is intended to be received or used by 
any agency or official who has participated in, facilitated, or 
condoned a severe form of trafficking in persons.

SEC. 111. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.

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

SEC. 112. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.

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

``Sec. 1589. Forced labor

    ``Whoever knowingly provides or obtains the labor or 
services of a person--
            ``(1) by threats of serious harm to, or physical 
        restraint against, that person or another person;
            ``(2) by means of any scheme, plan, or pattern 
        intended to cause the person to believe that, if the 
        person did not perform such labor or services, that 
        person or another person would suffer serious harm or 
        physical restraint; or
            ``(3) by means of the abuse or threatened abuse of 
        law or the legal process,
shall be fined under this title or imprisoned not more than 20 
years, or both. If death results from the violation of this 
section, or if the violation includes kidnapping or an attempt 
to kidnap, aggravated sexual abuse or the attempt to commit 
aggravated sexual abuse, or an attempt to kill, the defendant 
shall be fined under this title or imprisoned for any term of 
years or life, or both.

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

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

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

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

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

    ``(a) Whoever knowingly destroys, conceals, removes, 
confiscates, or possesses any actual or purported passport or 
other immigration document, or any other actual or purported 
government identification document, of another person--
            ``(1) in the course of a violation of section 1581, 
        1583, 1584, 1589, 1590, 1591, or 1594(a);
            ``(2) with intent to violate section 1581, 1583, 
        1584, 1589, 1590, or 1591; or
            ``(3) to prevent or restrict or to attempt to 
        prevent or restrict, without lawful authority, the 
        person's liberty to move or travel, in order to 
        maintain the labor or services of that person, when the 
        person is or has been a victim of a severe form of 
        trafficking in persons, as defined in section 103 of 
        the Trafficking Victims Protection Act of 2000;
shall be fined under this title or imprisoned for not more than 
5 years, or both.
    ``(b) Subsection (a) does not apply to the conduct of a 
person who is or has been a victim of a severe form of 
trafficking in persons, as defined in section 103 of the 
Trafficking Victims Protection Act of 2000, if that conduct is 
caused by, or incident to, that trafficking.

``Sec. 1593. Mandatory restitution

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

``Sec. 1594. General provisions

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

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

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

SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.

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

             DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000

SEC. 1001. SHORT TITLE.

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

SEC. 1002. DEFINITIONS.

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

SEC. 1003. ACCOUNTABILITY AND OVERSIGHT.

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

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

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

    (a) In General.--Part U of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) 
is amended--
            (1) in the heading, by adding ``AND ENFORCEMENT OF 
        PROTECTION ORDERS'' at the end;
            (2) in section 2101(b)--
                    (A) in paragraph (6), by inserting 
                ``(including juvenile courts)'' after 
                ``courts''; and
                    (B) by adding at the end the following:
            ``(7) To provide technical assistance and computer 
        and other equipment to police departments,prosecutors, 
courts, and tribal jurisdictions to facilitate the widespread 
enforcement of protection orders, including interstate enforcement, 
enforcement between States and tribal jurisdictions, and enforcement 
between tribal jurisdictions.''; and
            (3) in section 2102--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by striking 
                        ``and'' at the end;
                            (ii) in paragraph (2), by striking 
                        the period at the end and inserting ``, 
                        including the enforcement of protection 
                        orders from other States and 
                        jurisdictions (including tribal 
                        jurisdictions);''; and
                            (iii) by adding at the end the 
                        following:
            ``(3) have established cooperative agreements or 
        can demonstrate effective ongoing collaborative 
        arrangements with neighboring jurisdictions to 
        facilitate the enforcement of protection orders from 
        other States and jurisdictions (including tribal 
        jurisdictions); and
            ``(4) in applications describing plans to further 
        the purposes stated in paragraph (4) or (7) of section 
        2101(b), will give priority to using the grant to 
        develop and install data collection and communication 
        systems, including computerized systems, and training 
        on how to use these systems effectively to link police, 
        prosecutors, courts, and tribal jurisdictions for the 
        purpose of identifying and tracking protection orders 
        and violations of protection orders, in those 
        jurisdictions where such systems do not exist or are 
        not fully effective.''; and
                    (B) by adding at the end the following:
    ``(c) Dissemination of Information.--The Attorney General 
shall annually compile and broadly disseminate (including 
through electronic publication) information about successful 
data collection and communication systems that meet the 
purposes described in this section. Such dissemination shall 
target States, State and local courts, Indian tribal 
governments, and units of local government.''.
    (b) Protection Orders.--
            (1) Filing costs.--Section 2006 of part T of title 
        I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796gg-5) is amended--
                    (A) in the heading, by striking ``FILING'' 
                and inserting ``AND PROTECTION ORDERS'' after 
                ``CHARGES'';
                    (B) in subsection (a)--
                            (i) by striking paragraph (1) and 
                        inserting the following:
            ``(1) certifies that its laws, policies, and 
        practices do not require, in connection with the 
        prosecution of any misdemeanor or felony domestic 
        violence offense, or in connection with the filing, 
        issuance, registration, or service of a protection 
        order, or a petition for a protection order, to protect 
        a victim of domestic violence, stalking, or sexual 
        assault, that the victim bear the costs associated with 
        the filing of criminal charges against the offender, or 
        the costs associated with the filing, issuance, 
        registration, or service of a warrant, protection 
        order, petition for a protection order, or witness 
        subpoena, whether issued inside or outside the State, 
        tribal, or local jurisdiction; or''; and
                            (ii) in paragraph (2)(B), by 
                        striking ``2 years'' and inserting ``2 
                        years after the date of enactment of 
                        the Violence Against Women Act of 
                        2000''; and
                    (C) by adding at the end the following:
    ``(c) Definition.--In this section, the term `protection 
order' has the meaning given the term in section 2266 of title 
18, United States Code.''.
            (2) Eligibility for grants to encourage arrest 
        policies.--Section 2101 of part U of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796hh) is amended--
                    (A) in subsection (c), by striking 
                paragraph (4) and inserting the following:
            ``(4) certify that their laws, policies, and 
        practices do not require, in connection with the 
        prosecution of any misdemeanor or felony domestic 
        violence offense, or in connection with the filing, 
        issuance, registration, or service of a protection 
        order, or a petition for a protection order, to protect 
        a victim of domestic violence, stalking, or sexual 
        assault, that the victim bear the costs associated with 
        the filing of criminal charges against the offender, or 
        the costs associated with the filing, issuance, 
        registration, or service of a warrant, protection 
        order, petition for a protection order, or witness 
        subpoena, whether issued inside or outside the State, 
        tribal, or local jurisdiction.''; and
                    (B) by adding at the end the following:
    ``(d) Definition.--In this section, the term `protection 
order' has the meaning given the term in section 2266 of title 
18, United States Code.''.
            (3) Application for grants to encourage arrest 
        policies.--Section 2102(a)(1)(B) of part U of title I 
        of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796hh-1(a)(1)(B)) is amended by 
        inserting before the semicolon the following: ``or, in 
        the case of the condition set forth in subsection 
        2101(c)(4), the expiration of the 2-year period 
        beginning on the date of enactment of the Violence 
        Against Women Act of 2000''.
            (4) Registration for protection orders.--Section 
        2265 of title 18, United States Code, is amended by 
        adding at the end the following:
    ``(d) Notification and Registration.--
            ``(1) Notification.--A State or Indian tribe 
        according full faith and credit to an order by a court 
        of another State or Indian tribe shall not notify or 
        require notification of the party against whom a 
        protection order has been issued that the protection 
        order has been registered or filed in that enforcing 
        State or tribal jurisdiction unless requested to do so 
        by the party protected under such order.
            ``(2) No prior registration or filing as 
        prerequisite for enforcement.--Any protection order 
        that is otherwise consistent with this section shall be 
        accorded full faith and credit, notwithstanding failure 
        to comply with any requirement that the order be 
        registered or filed in the enforcing State or tribal 
        jurisdiction.
    ``(e) Tribal Court Jurisdiction.--For purposes of this 
section, a tribal court shall have full civil jurisdiction to 
enforce protection orders, including authority to enforce any 
orders through civil contempt proceedings, exclusion of 
violators from Indian lands, and other appropriate mechanisms, 
in matters arising within the authority of the tribe.''.
    (c) Technical Amendment.--The table of contents for title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) is amended in the item relating to part U, 
by adding ``and Enforcement of Protection Orders'' at the end.

SEC. 1102. ROLE OF COURTS.

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

SEC. 1103. REAUTHORIZATION OF STOP GRANTS.

    (a) Reauthorization.--Section 1001(a) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)) is amended by striking paragraph (18) and inserting 
the following:
    ``(18) There is authorized to be appropriated to carry out 
part T $185,000,000 for each of fiscal years 2001 through 
2005.''.
    (b) Grant Purposes.--Part T of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) 
is amended--
            (1) in section 2001--
                    (A) in subsection (b)--
                            (i) in paragraph (5), by striking 
                        ``racial, cultural, ethnic, and 
                        language minorities'' and inserting 
                        ``underserved populations'';
                            (ii) in paragraph (6), by striking 
                        ``and'' at the end;
                            (iii) in paragraph (7), by striking 
                        the period at the end and inserting a 
                        semicolon; and
                            (iv) by adding at the end the 
                        following:
            ``(8) supporting formal and informal statewide, 
        multidisciplinary efforts, to the extent not supported 
        by State funds, to coordinate the response of State law 
        enforcement agencies, prosecutors, courts, victim 
        services agencies, and other State agencies and 
        departments, to violent crimes against women, including 
        the crimes of sexual assault, domestic violence, and 
        dating violence;
            ``(9) training of sexual assault forensic medical 
        personnel examiners in the collection and preservation 
        of evidence, analysis, prevention, and providing expert 
        testimony and treatment of trauma related to sexual 
        assault;''; and
                    (B) by adding at the end the following:
    ``(c) State Coalition Grants.--
            ``(1) Purpose.--The Attorney General shall award 
        grants to each State domestic violence coalition and 
        sexual assault coalition for the purposes of 
        coordinating State victim services activities, and 
        collaborating and coordinating with Federal, State, and 
        local entities engaged in violence against women 
        activities.
            ``(2) Grants to state coalitions.--The Attorney 
        General shall award grants to--
                    ``(A) each State domestic violence 
                coalition, as determined by the Secretary of 
                Health and Human Services through the Family 
                Violence Prevention and Services Act (42 U.S.C. 
                10410 et seq.); and
                    ``(B) each State sexual assault coalition, 
                as determined by the Center for Injury 
                Prevention and Control of the Centers for 
                Disease Control and Prevention under the Public 
                Health Service Act (42 U.S.C. 280b et seq.).
            ``(3) Eligibility for other grants.--Receipt of an 
        award under this subsection by each State domestic 
        violence and sexual assault coalition shall not 
        preclude the coalition from receiving additional grants 
        under this part to carry out the purposes described in 
        subsection (b).'';
            (2) in section 2002(b)--
                    (A) by redesignating paragraphs (2) and (3) 
                as paragraphs (5) and (6), respectively;
                    (B) in paragraph (1), by striking ``4 
                percent'' and inserting ``5 percent'';
                    (C) in paragraph (5), as redesignated, by 
                striking ``$500,000'' and inserting 
                ``$600,000''; and
                    (D) by inserting after paragraph (1) the 
                following:
            ``(2) 2.5 percent shall be available for grants for 
        State domestic violence coalitions under section 
        2001(c), with the coalition for each State, the 
        coalition for the District of Columbia, the coalition 
        for the Commonwealth of Puerto Rico, and the coalition 
        for the combined Territories of the United States, each 
        receiving an amount equal to \1/54\ of the total amount 
        made available under this paragraph for each fiscal 
        year;
            ``(3) 2.5 percent shall be available for grants for 
        State sexual assault coalitions under section 2001(c), 
        with the coalition for each State, the coalition for 
        the District of Columbia, the coalition for the 
        Commonwealth of Puerto Rico, and the coalition for the 
        combined Territories of the United States, each 
        receiving an amount equal to \1/54\ of the total amount 
        made available under this paragraph for each fiscal 
        year;
            ``(4) \1/54\ shall be available for the development 
        and operation of nonprofit tribal domestic violence and 
        sexual assault coalitions in Indian country;'';
            (3) in section 2003, by striking paragraph (7) and 
        inserting the following:
            ``(7) the term `underserved populations' includes 
        populations underserved because of geographic location 
        (such as rural isolation), underserved racial and 
        ethnic populations, populations underserved because of 
        special needs (such as language barriers, disabilities, 
        alienage status, or age), and any other population 
        determined to be underserved by the State planning 
        process in consultation with the Attorney General;'' 
        and
            (4) in section 2004(b)(3), by inserting ``, and the 
        membership of persons served in any underserved 
        population'' before the semicolon.

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

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

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

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

SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

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

``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

``Sec. 2261A. Interstate stalking

    ``Whoever--
            ``(1) travels in interstate or foreign commerce or 
        within the special maritime and territorial 
        jurisdiction of the United States, or enters or leaves 
        Indian country, with the intent to kill, injure, 
        harass, or intimidate another person, and in the course 
        of, or as a result of, such travel places that person 
        in reasonable fear of the death of, or serious bodily 
        injury to, that person, a member of the immediate 
        family (as defined in section 115) of that person, or 
        the spouse or intimate partner of that person; or
            ``(2) with the intent--
                    ``(A) to kill or injure a person in another 
                State or tribal jurisdiction or within the 
                special maritime and territorial jurisdiction 
                of the United States; or
                    ``(B) to place a person in another State or 
                tribal jurisdiction, or within the special 
                maritime and territorial jurisdiction of the 
                United States, in reasonable fear of the death 
                of, or serious bodily injury to--
                            ``(i) that person;
                            ``(ii) a member of the immediate 
                        family (as defined in section 115) of 
                        that person; or
                            ``(iii) a spouse or intimate 
                        partner of that person;
        uses the mail or any facility of interstate or foreign 
        commerce to engage in a course of conduct that places 
        that person in reasonable fear of the death of, or 
        serious bodily injury to, any of the persons described 
        in clauses (i) through (iii);
shall be punished as provided in section 2261(b).''.
            (2) Amendment of federal sentencing guidelines.--
                    (A) In general.--Pursuant to its authority 
                under section 994 of title 28, United States 
                Code, the United States Sentencing Commission 
                shall amend the Federal Sentencing Guidelines 
                to reflect the amendment made by this 
                subsection.
                    (B) Factors for consideration.--In carrying 
                out subparagraph (A), the Commission shall 
                consider--
                            (i) whether the Federal Sentencing 
                        Guidelines relating to stalking 
                        offenses should be modified in light of 
                        the amendment made by this subsection; 
                        and
                            (ii) whether any changes the 
                        Commission may make to the Federal 
                        Sentencing Guidelines pursuant to 
                        clause (i) should also be made with 
                        respect to offenses under chapter 110A 
                        of title 18, United States Code.
    (c) Interstate Violation of Protection Order.--Section 2262 
of title 18, United States Code, is amended by striking 
subsection (a) and inserting the following:
    ``(a) Offenses.--
            ``(1) Travel or conduct of offender.--A person who 
        travels in interstate or foreign commerce, or enters or 
        leaves Indian country, with the intent to engage in 
        conduct that violates the portion of a protection order 
        that prohibits or provides protection against violence, 
        threats, or harassment against, contact or 
        communication with, or physical proximity to, another 
        person, or that would violate such a portion of a 
        protection order in the jurisdiction in which the order 
        was issued, and subsequently engages in such conduct, 
        shall be punished as provided in subsection (b).
            ``(2) Causing travel of victim.--A person who 
        causes another person to travel in interstate or 
        foreign commerce or to enter or leave Indian country by 
        force, coercion, duress, or fraud, and in the course 
        of, as a result of, or to facilitate such conduct or 
        travel engages in conduct that violates the portion of 
        a protection order that prohibits or provides 
        protection against violence, threats, or harassment 
        against, contact or communication with, or physical 
        proximity to, another person, or that would violate 
        such a portion of a protection order in the 
        jurisdiction in which the order was issued, shall be 
        punished as provided in subsection (b).''.
    (d) Definitions.--Section 2266 of title 18, United States 
Code, is amended to read as follows:

``Sec. 2266. Definitions

    ``In this chapter:
            ``(1) Bodily injury.--The term `bodily injury' 
        means any act, except one done in self-defense, that 
        results in physical injury or sexual abuse.
            ``(2) Course of conduct.--The term `course of 
        conduct' means a pattern of conduct composed of 2 or 
        more acts, evidencing a continuity of purpose.
            ``(3) Enter or leave indian country.--The term 
        `enter or leave Indian country' includes leaving the 
        jurisdiction of 1 tribal government and entering the 
        jurisdiction of another tribal government.
            ``(4) Indian country.--The term `Indian country' 
        has the meaning stated in section 1151 of this title.
            ``(5) Protection order.--The term `protection 
        order' includes any injunction or other order issued 
        for the purpose of preventing violent or threatening 
        acts or harassment against, or contact or communication 
        with or physical proximity to, another person, 
        including any temporary or final order issued by a 
        civil and criminal court (other than a support or child 
        custody order issued pursuant to State divorce and 
        child custody laws, except to the extent that such an 
        order is entitled to full faith and credit under other 
        Federal law) whether obtained by filing an independent 
        action or as a pendente lite order in another 
        proceeding so long as any civil order was issued in 
        response to a complaint, petition, or motion filed by 
        or on behalf of a person seeking protection.
            ``(6) Serious bodily injury.--The term `serious 
        bodily injury' has the meaning stated in section 
        2119(2).
            ``(7) Spouse or intimate partner.--The term `spouse 
        or intimate partner' includes--
                    ``(A) for purposes of--
                            ``(i) sections other than 2261A, a 
                        spouse or former spouse of the abuser, 
                        a person who shares a child in common 
                        with the abuser, and a person who 
                        cohabits or has cohabited as a spouse 
                        with the abuser; and
                            ``(ii) section 2261A, a spouse or 
                        former spouse of the target of the 
                        stalking, a person who shares a child 
                        in common with the target of the 
                        stalking, and a person who cohabits or 
                        has cohabited as a spouse with the 
                        target of the stalking; and
                    ``(B) any other person similarly situated 
                to a spouse who is protected by the domestic or 
                family violence laws of the State or tribal 
                jurisdiction in which the injury occurred or 
                where the victim resides.
            ``(8) State.--The term `State' includes a State of 
        the United States, the District of Columbia, and a 
        commonwealth, territory, or possession of the United 
        States.
            ``(9) Travel in interstate or foreign commerce.--
        The term `travel in interstate or foreign commerce' 
        does not include travel from 1 State to another by an 
        individual who is a member of an Indian tribe and who 
        remains at all times in the territory of the Indian 
        tribe of which the individual is a member.''.

SEC. 1108. SCHOOL AND CAMPUS SECURITY.

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

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

``SEC. 2701. PROGRAM AUTHORIZED.

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

``SEC. 2702. APPLICATIONS.

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

``SEC. 2703. ANNUAL REPORT TO CONGRESS.

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

``SEC. 2704. DEFINITIONS.

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

``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 1109. DATING VIOLENCE.

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

        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS.

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

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

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

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

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

``SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

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

SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

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

SEC. 1205. FEDERAL VICTIMS COUNSELORS.

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

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

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

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

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

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

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

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

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

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

``SEC. 40801. DEFINITIONS.

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

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

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

``SEC. 40803. AUTHORIZATION OF APPROPRIATIONS.

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

        TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

SEC. 1301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM.

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

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

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

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

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

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

SEC. 1401. RAPE PREVENTION AND EDUCATION.

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

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

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

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

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

SEC. 1403. COMMUNITY INITIATIVES.

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

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

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

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

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

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

    (a) Grants for Education and Training for Judges and Court 
Personnel in State Courts.--
            (1) Section 40412.--Section 40412 of the Equal 
        Justice for Women in the Courts Act of 1994 (42 U.S.C. 
        13992) is amended--
                    (A) by striking ``and'' at the end of 
                paragraph (18);
                    (B) by striking the period at the end of 
                paragraph (19) and inserting a semicolon; and
                    (C) by inserting after paragraph (19) the 
                following:
            ``(20) the issues raised by domestic violence in 
        determining custody and visitation, including how 
toprotect the safety of the child and of a parent who is not a 
predominant aggressor of domestic violence, the legitimate reasons 
parents may report domestic violence, the ways domestic violence may 
relate to an abuser's desire to seek custody, and evaluating expert 
testimony in custody and visitation determinations involving domestic 
violence;
            ``(21) the issues raised by child sexual assault in 
        determining custody and visitation, including how to 
        protect the safety of the child, the legitimate reasons 
        parents may report child sexual assault, and evaluating 
        expert testimony in custody and visitation 
        determinations involving child sexual assault, 
        including the current scientifically-accepted and 
        empirically valid research on child sexual assault;
            ``(22) the extent to which addressing domestic 
        violence and victim safety contributes to the efficient 
        administration of justice;''.
            (2) Section 40414.--Section 40414(a) of the Equal 
        Justice for Women in the Courts Act of 1994 (42 U.S.C. 
        13994(a)) is amended by inserting ``and $1,500,000 for 
        each of the fiscal years 2001 through 2005'' after 
        ``1996''.
    (b) Grants for Education and Training for Judges and Court 
Personnel in Federal Courts.--
            (1) Section 40421.--Section 40421(d) of the Equal 
        Justice for Women in the Courts Act of 1994 (42 U.S.C. 
        14001(d)) is amended to read as follows:
    ``(d) Continuing Education and Training Programs.--The 
Federal Judicial Center, in carrying out section 620(b)(3) of 
title 28, United States Code, shall include in the educational 
programs it prepares, including the training programs for newly 
appointed judges, information on the aspects of the topics 
listed in section 40412 that pertain to issues within the 
jurisdiction of the Federal courts, and shall prepare materials 
necessary to implement this subsection.''.
            (2) Section 40422.--Section 40422(2) of the Equal 
        Justice for Women in the Courts Act of 1994 (42 U.S.C. 
        14002(2)) is amended by inserting ``and $500,000 for 
        each of the fiscal years 2001 through 2005'' after 
        ``1996''.
    (c) Technical Amendments to the Equal Justice for Women in 
the Courts Act of 1994.--
            (1) Ensuring collaboration with domestic violence 
        and sexual assault programs.--Section 40413 of the 
        Equal Justice for Women in the Courts Act of 1994 (42 
        U.S.C. 13993) is amended by adding ``, including 
        national, State, tribal, and local domestic violence 
        and sexual assault programs and coalitions'' after 
        ``victim advocates''.
            (2) Participation of tribal courts in state 
        training and education programs.--Section 40411 of the 
        Equal Justice for Women in the Courts Act of 1994 (42 
        U.S.C. 13991) is amended by adding at the end the 
        following: ``Nothing shall preclude the attendance of 
        tribal judges and court personnel at programs funded 
        under this section for States to train judges and court 
        personnel on the laws of the States.''.
            (3) Use of funds for dissemination of model 
        programs.--Section 40414 of the Equal Justice for Women 
        in the Courts Act of 1994 (42 U.S.C. 13994) is amended 
        by adding at the end the following:
    ``(c) State Justice Institute.--The State Justice Institute 
may use up to 5 percent of the funds appropriated under this 
section for annually compiling and broadly disseminating 
(including through electronic publication) information about 
the use of funds and about the projects funded under this 
section, including any evaluations of the projects and 
information to enable the replication and adoption of the 
projects.''.
    (d) Dating Violence.--
            (1) Section 40411.--Section 40411 of the Equal 
        Justice for Women in Courts Act of 1994 (42 U.S.C 
        13991) is amended by inserting ``dating violence,'' 
        after ``domestic violence,''.
            (2) Section 40412.--Section 40412 of such Act (42 
        U.S.C 13992) is amended--
                    (A) in paragraph (10), by inserting ``and 
                dating violence (as defined in section 2003 of 
                title I of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (42 U.S.C. 3996gg-2))'' 
                before the semicolon;
                    (B) in paragraph (11), by inserting ``and 
                dating violence'' after ``domestic violence'';
                    (C) in paragraph (13), by inserting ``and 
                dating violence'' after ``domestic violence'' 
                in both places that it appears;
                    (D) in paragraph (17), by inserting ``or 
                dating violence'' after ``domestic violence'' 
                in both places that it appears; and
                    (E) in paragraph (18), by inserting ``and 
                dating violence'' after ``domestic violence''.

SEC. 1407. DOMESTIC VIOLENCE TASK FORCE

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

               ``Subtitle I--Domestic Violence Task Force

``SEC. 40901. TASK FORCE.

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

                   TITLE V--BATTERED IMMIGRANT WOMEN

SEC. 1501. SHORT TITLE.

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

SEC. 1502. FINDINGS AND PURPOSES.

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

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

    (a) Intended Spouse Defined.--Section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
by adding at the end the following:
    ``(50) The term `intended spouse' means any alien who meets 
the criteria set forth in section 
204(a)(1)(A)(iii)(II)(aa)(BB), 204(a)(1)(B)(ii)(II)(aa)(BB), or 
240A(b)(2)(A)(i)(III).''.
    (b) Immediate Relative Status for Self-Petitioners Married 
to U.S. Citizens.--
            (1) Self-petitioning spouses.--
                    (A) Battery or cruelty to alien or alien's 
                child.--Section 204(a)(1)(A)(iii) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1154(a)(1)(A)(iii)) is amended to read as 
                follows:
    ``(iii)(I) An alien who is described in subclause (II) may 
file a petition with the Attorney General under this clause for 
classification of the alien (and any child of the alien) if the 
alien demonstrates to the Attorney General that--
            ``(aa) the marriage or the intent to marry the 
        United States citizen was entered into in good faith by 
        the alien; and
            ``(bb) during the marriage or relationship intended 
        by the alien to be legally a marriage, the alien or a 
        child of the alien has been battered or has been the 
        subject of extreme cruelty perpetrated by the alien's 
        spouse or intended spouse.
    ``(II) For purposes of subclause (I), an alien described in 
this subclause is an alien--
            ``(aa)(AA) who is the spouse of a citizen of the 
        United States;
            ``(BB) who believed that he or she had married a 
        citizen of the United States and with whom a marriage 
        ceremony was actually performed and who otherwise meets 
        any applicable requirements under this Act to establish 
        the existence of and bona fides of a marriage, but 
        whose marriage is not legitimate solely because of the 
        bigamy of such citizen of the United States; or
            ``(CC) who was a bona fide spouse of a United 
        States citizen within the past 2 years and--
                    ``(aaa) whose spouse died within the past 2 
                years;
                    ``(bbb) whose spouse lost or renounced 
                citizenship status within the past 2 years 
                related to an incident of domestic violence; or
                    ``(ccc) who demonstrates a connection 
                between the legal termination of the marriage 
                within the past 2 years and battering or 
                extreme cruelty by the United States citizen 
                spouse;
            ``(bb) who is a person of good moral character;
            ``(cc) who is eligible to be classified as an 
        immediate relative under section 201(b)(2)(A)(i) or who 
        would have been so classified but for the bigamy of the 
        citizen of the United States that the alien intended to 
        marry; and
            ``(dd) who has resided with the alien's spouse or 
        intended spouse.''.
            (2) Self-petitioning children.--Section 
        204(a)(1)(A)(iv) of the Immigration and Nationality Act 
        (8 U.S.C. 1154(a)(1)(A)(iv)) is amended to read as 
        follows:
    ``(iv) An alien who is the child of a citizen of the United 
States, or who was a child of a United States citizen parent 
who within the past 2 years lost or renounced citizenship 
status related to an incident of domestic violence, and who is 
a person of good moral character, who is eligible to be 
classified as an immediate relative under section 
201(b)(2)(A)(i), and who resides, or has resided in the past, 
with the citizen parent may file a petition with the Attorney 
General under this subparagraph for classification of the alien 
(and any child of the alien) under such section if the alien 
demonstrates to the Attorney General that the alien has been 
battered by or has been the subject of extreme cruelty 
perpetrated by the alien's citizen parent. For purposes of this 
clause, residence includes any period of visitation.''.
            (3) Filing of petitions.--Section 204(a)(1)(A) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(A)) is amended by adding at the end the 
        following:
    ``(v) An alien who--
            ``(I) is the spouse, intended spouse, or child 
        living abroad of a citizen who--
                    ``(aa) is an employee of the United States 
                Government;
                    ``(bb) is a member of the uniformed 
                services (as defined in section 101(a) of title 
                10, United States Code); or
                    ``(cc) has subjected the alien or the 
                alien's child to battery or extreme cruelty in 
                the United States; and
            ``(II) is eligible to file a petition under clause 
        (iii) or (iv);
shall file such petition with the Attorney General under the 
procedures that apply to self-petitioners under clause (iii) or 
(iv), as applicable.''.
    (c) Second Preference Immigration Status for Self-
Petitioners Married to Lawful Permanent Residents.--
            (1) Self-petitioning spouses.--Section 
        204(a)(1)(B)(ii) of the Immigration and Nationality Act 
        (8 U.S.C. 1154(a)(1)(B)(ii)) is amended to read as 
        follows:
    ``(ii)(I) An alien who is described in subclause (II) may 
file a petition with the Attorney General under this clause for 
classification of the alien (and any child of the alien) if 
such a child has not been classified under clause (iii) of 
section 203(a)(2)(A) and if the alien demonstrates to the 
Attorney General that--
            ``(aa) the marriage or the intent to marry the 
        lawful permanent resident was entered into in good 
        faith by the alien; and
            ``(bb) during the marriage or relationship intended 
        by the alien to be legally a marriage, the alien or a 
        child of the alien has been battered or has been the 
        subject of extreme cruelty perpetrated by the alien's 
        spouse or intended spouse.
    ``(II) For purposes of subclause (I), an alien described in 
this paragraph is an alien--
            ``(aa)(AA) who is the spouse of a lawful permanent 
        resident of the United States; or
            ``(BB) who believed that he or she had married a 
        lawful permanent resident of the United States and with 
        whom a marriage ceremony was actually performed and who 
        otherwise meets any applicable requirements under this 
        Act to establish the existence of and bona fides of a 
        marriage, but whose marriage is not legitimate solely 
        because of the bigamy of such lawful permanent resident 
        of the United States; or
            ``(CC) who was a bona fide spouse of a lawful 
        permanent resident within the past 2 years and--
                    ``(aaa) whose spouse lost status within the 
                past 2 years due to an incident of domestic 
                violence; or
                    ``(bbb) who demonstrates a connection 
                between the legal termination of the marriage 
                within the past 2 years and battering or 
                extreme cruelty by the lawful permanent 
                resident spouse;
            ``(bb) who is a person of good moral character;
            ``(cc) who is eligible to be classified as a spouse 
        of an alien lawfully admitted for permanent residence 
        under section 203(a)(2)(A) or who would have been so 
        classified but for the bigamy of the lawful permanent 
        resident of the United States that the alien intended 
        to marry; and
            ``(dd) who has resided with the alien's spouse or 
        intended spouse.''.
            (2) Self-petitioning children.--Section 
        204(a)(1)(B)(iii) of the Immigration and Nationality 
        Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended to read as 
        follows:
    ``(iii) An alien who is the child of an alien lawfully 
admitted for permanent residence, or who was the child of a 
lawful permanent resident who within the past 2 years lost 
lawful permanent resident status due to an incident of domestic 
violence, and who is a person of good moral character, who is 
eligible for classification under section 203(a)(2)(A), and who 
resides, or has resided in the past, with the alien's permanent 
resident alien parent may file a petition with the Attorney 
General under this subparagraph for classification of the alien 
(and any child of the alien) under such section if the alien 
demonstrates to the Attorney General that the alien has been 
battered by or has been the subject of extreme cruelty 
perpetrated by the alien's permanent resident parent.''.
            (3) Filing of petitions.--Section 204(a)(1)(B) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)) is amended by adding at the end the 
        following:
    ``(iv) An alien who--
            ``(I) is the spouse, intended spouse, or child 
        living abroad of a lawful permanent resident who--
                    ``(aa) is an employee of the United States 
                Government;
                    ``(bb) is a member of the uniformed 
                services (as defined in section 101(a) of title 
                10, United States Code); or
                    ``(cc) has subjected the alien or the 
                alien's child to battery or extreme cruelty in 
                the United States; and
            ``(II) is eligible to file a petition under clause 
        (ii) or (iii);
shall file such petition with the Attorney General under the 
procedures that apply to self-petitioners under clause (ii) or 
(iii), as applicable.''.
    (d) Good Moral Character Determinations for Self-
Petitioners and Treatment of Child Self-Petitioners and 
Petitions Including Derivative Children Attaining 21 Years of 
Age.--Section 204(a)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1154(a)(1)) is amended--
            (1) by redesignating subparagraphs (C) through (H) 
        as subparagraphs (E) through (J), respectively;
            (2) by inserting after subparagraph (B) the 
        following:
    ``(C) Notwithstanding section 101(f), an act or conviction 
that is waivable with respect to the petitioner for purposes of 
a determination of the petitioner's admissibility under section 
212(a) or deportability under section 237(a) shall not bar the 
Attorney General from finding the petitioner to be of good 
moral character under subparagraph (A)(iii), (A)(iv), (B)(ii), 
or (B)(iii) if the Attorney General finds that the act or 
conviction was connected to the alien's having been battered or 
subjected to extreme cruelty.
    ``(D)(i)(I) Any child who attains 21 years of age who has 
filed a petition under clause (iv) of section 204(a)(1)(A) that 
was filed or approved before the date on which the child 
attained 21 years of age shall be considered (if the child has 
not been admitted or approved for lawful permanent residence by 
the date the child attained 21 years of age) a petitioner for 
preference status under paragraph (1), (2), or (3) of section 
203(a), whichever paragraph is applicable, with the same 
priority date assigned to the self-petition filed under clause 
(iv) of section 204(a)(1)(A). No new petition shall be required 
to be filed.
    ``(II) Any individual described in subclause (I) is 
eligible for deferred action and work authorization.
    ``(III) Any derivative child who attains 21 years of age 
who is included in a petition described in clause (ii) that was 
filed or approved before the date on which the child attained 
21 years of age shall be considered (if the child has not been 
admitted or approved for lawful permanent residence by the date 
the child attained 21 years of age) a petitioner for preference 
status under paragraph (1), (2), or (3) of section 203(a), 
whichever paragraph is applicable, with the same priority date 
as that assigned to the petitioner in any petition described in 
clause (ii). No new petition shall be required to be filed.
    ``(IV) Any individual described in subclause (III) and any 
derivative child of a petition described in clause (ii) is 
eligible for deferred action and work authorization.
    ``(ii) The petition referred to in clause (i)(III) is a 
petition filed by an alien under subparagraph (A)(iii), 
(A)(iv), (B)(ii) or (B)(iii) in which the child is included as 
a derivative beneficiary.''; and
            (3) in subparagraph (J) (as so redesignated), by 
        inserting ``or in making determinations under 
        subparagraphs (C) and (D),'' after ``subparagraph 
        (B),''.
    (e) Access to Naturalization for Divorced Victims of 
Abuse.--Section 319(a) of the Immigration and Nationality Act 
(8 U.S.C. 1430(a)) is amended--
            (1) by inserting ``, or any person who obtained 
        status as a lawful permanent resident by reason of his 
        or her status as a spouse or child of a United States 
        citizen who battered him or her or subjected him or her 
        to extreme cruelty,'' after ``United States'' the first 
        place such term appears; and
            (2) by inserting ``(except in the case of a person 
        who has been battered or subjected to extreme cruelty 
        by a United States citizen spouse or parent)'' after 
        ``has been living in marital union with the citizen 
        spouse''.

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

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

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

    (a) Battered Immigrant Waiver.--Section 212(a)(9)(C)(ii) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)(C)(ii)) is amended by adding at the end the 
following: ``The Attorney General in the Attorney General's 
discretion may waive the provisions of section 212(a)(9)(C)(i) 
in the case of an alien to whom the Attorney General has 
granted classification under clause (iii), (iv), or (v) of 
section 204(a)(1)(A), or classification under clause (ii), 
(iii), or (iv) of section 204(a)(1)(B), in any case in which 
there is a connection between--
            ``(1) the alien's having been battered or subjected 
        to extreme cruelty; and
            ``(2) the alien's--
                    ``(A) removal;
                    ``(B) departure from the United States;
                    ``(C) reentry or reentries into the United 
                States; or
                    ``(D) attempted reentry into the United 
                States.''.
    (b) Domestic Violence Victim Waiver.--
            (1) Waiver for victims of domestic violence.--
        Section 237(a) of the Immigration and Nationality Act 
        (8 U.S.C. 1227(a)) is amended by inserting at the end 
        the following:
            ``(7) Waiver for victims of domestic violence.--
                    ``(A) In general.--The Attorney General is 
                not limited by the criminal court record and 
                may waive the application of paragraph 
                (2)(E)(i) (with respect to crimes of domestic 
                violence and crimes of stalking) and (ii) in 
                the case of an alien who has been battered or 
                subjected to extreme cruelty and who is not and 
                was not the primary perpetrator of violence in 
                the relationship--
                            ``(i) upon a determination that--
                                    ``(I) the alien was acting 
                                is self-defense;
                                    ``(II) the alien was found 
                                to have violated a protection 
                                order intended to protect the 
                                alien; or
                                    ``(III) the alien 
                                committed, was arrested for, 
                                was convicted of, or pled 
                                guilty to committing a crime--
                                            ``(aa) that did not 
                                        result in serious 
                                        bodily injury; and
                                            ``(bb) where there 
                                        was a connection 
                                        between the crime and 
                                        the alien's having been 
                                        battered or subjected 
                                        to extreme cruelty.
                    ``(B) Credible evidence considered.--In 
                acting on applications under this paragraph, 
                the Attorney General shall consider any 
                credible evidence relevant to the application. 
                The determination of what evidence is credible 
                and the weight to be given that evidence shall 
                be within the sole discretion of the Attorney 
                General.''.
            (2) Conforming amendment.--Section 240A(b)(1)(C) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1229b(b)(1)(C)) is amended by inserting ``(except in a 
        case described in section 237(a)(7) where the Attorney 
        General exercises discretion to grant a waiver)'' after 
        ``237(a)(3)''.
    (c) Misrepresentation Waivers for Battered Spouses of 
United States Citizens and Lawful Permanent Residents.--
            (1) Waiver of inadmissibility.--Section 212(i)(1) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1182(i)(1)) is amended by inserting before the period 
        at the end the following: ``or, in the case of an alien 
        granted classification under clause (iii) or (iv) of 
        section 204(a)(1)(A) or clause (ii) or (iii) of section 
        204(a)(1)(B), the alien demonstrates extreme hardship 
        to the alien or the alien's United States citizen, 
        lawful permanent resident, or qualified alien parent or 
        child''.
            (2) Waiver of deportability.--Section 237(a)(1)(H) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1227(a)(1)(H)) is amended--
                    (A) in clause (i), by inserting ``(I)'' 
                after ``(i)'';
                    (B) by redesignating clause (ii) as 
                subclause (II); and
                    (C) by adding after clause (i) the 
                following:
                            ``(ii) is an alien who qualifies 
                        for classification under clause (iii) 
                        or (iv) of section 204(a)(1)(A) or 
                        clause (ii) or (iii) of section 
                        204(a)(1)(B).''.
    (d) Battered Immigrant Waiver.--Section 212(g)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is 
amended--
            (1) in subparagraph (A), by striking ``or'' at the 
        end;
            (2) in subparagraph (B), by adding ``or'' at the 
        end; and
            (3) by inserting after subparagraph (B) the 
        following:
                    ``(C) qualifies for classification under 
                clause (iii) or (iv) of section 204(a)(1)(A) or 
                classification under clause (ii) or (iii) of 
                section 204(a)(1)(B);''.
    (e) Waivers for VAWA Eligible Battered Immigrants.--Section 
212(h)(1) of the Immigration and Nationality Act (8 U.S.C. 
1182(h)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'' and 
        inserting ``or''; and
            (2) by adding at the end the following:
                    ``(C) the alien qualifies for 
                classification under clause (iii) or (iv) of 
                section 204(a)(1)(A) or classification under 
                clause (ii) or (iii) of section 204(a)(1)(B); 
                and''.
    (f) Public Charge.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended by adding at the end 
the following:
    ``(p) In determining whether an alien described in 
subsection (a)(4)(C)(i) is inadmissible under subsection (a)(4) 
or ineligible to receive an immigrant visa or otherwise to 
adjust to the status of permanent resident by reason of 
subsection (a)(4), the consular officer or the Attorney General 
shall not consider any benefits the alien may have received 
that were authorized under section 501 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1641(c)).''.
    (g) Report.--Not later than 6 months after the date of 
enactment of this Act, the Attorney General shall submit a 
report to the Committees on the Judiciary of the Senate and the 
House of Representatives covering, with respect to fiscal year 
1997 and each fiscal year thereafter--
            (1) the policy and procedures of the Immigration 
        and Naturalization Service under which an alien who has 
        been battered or subjected to extreme cruelty who is 
        eligible for suspension of deportation or cancellation 
        of removal can request to be placed, and be placed, in 
        deportation or removal proceedings so that such alien 
        may apply for suspension of deportation or cancellation 
        of removal;
            (2) the number of requests filed at each district 
        office under this policy;
            (3) the number of these requests granted reported 
        separately for each district; and
            (4) the average length of time at each Immigration 
        and Naturalization office between the date that an 
        alien who has been subject to battering or extreme 
        cruelty eligible for suspension of deportation or 
        cancellation of removal requests to be placed in 
        deportation or removal proceedings and the date that 
        the immigrant appears before an immigration judge to 
        file an application for suspension of deportation or 
        cancellation of removal.

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

    (a) Removing Barriers to Adjustment of Status for Victims 
of Domestic Violence.--
            (1) Immigration amendments.--Section 245 of the 
        Immigration and Nationality Act (8 U.S.C. 1255) is 
        amended--
                    (A) in subsection (a), by inserting ``or 
                the status of any other alien having an 
                approved petition for classification under 
                subparagraph (A)(iii), (A)(iv), (B)(ii), or 
                (B)(iii) of section 204(a)(1) or'' after ``into 
                the United States.''; and
                    (B) in subsection (c), by striking 
                ``Subsection (a) shall not be applicable to'' 
                and inserting the following: ``Other than an 
                alien having an approved petition for 
                classification under subparagraph (A)(iii), 
                (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or 
                (B)(iv) of section 204(a)(1), subsection (a) 
                shall not be applicable to''.
            (2) Effective date.--The amendments made by 
        paragraph (1) shall apply to applications for 
        adjustment of status pending on or made on or after 
        January 14, 1998.
    (b) Removing Barriers to Cancellation of Removal and 
Suspension of Deportation for Victims of Domestic Violence.--
            (1) Not treating service of notice as terminating 
        continuous period.--Section 240A(d)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) 
        is amended by striking ``when the alien is served a 
        notice to appear under section 239(a) or'' and 
        inserting ``(A) except in the case of an alien who 
        applies for cancellation of removal under subsection 
        (b)(2), when the alien is served a notice to appear 
        under section 239(a), or (B)''.
            (2) Effective date.--The amendment made by 
        paragraph (1) shall take effect as if included in the 
        enactment of section 304 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (Public 
        Law 104-208; 110 Stat. 587).
            (3) Modification of certain transition rules for 
        battered spouse or child.--Section 309(c)(5)(C) of the 
        Illegal Immigration Reform and Immigrant Responsibility 
        Act of 1996 (8 U.S.C. 1101 note) is amended--
                    (A) by striking the subparagraph heading 
                and inserting the following:
                    ``(C) Special rule for certain aliens 
                granted temporary protection from deportation 
                and for battered spouses and children.--''; and
                    (B) in clause (i)--
                            (i) in subclause (IV), by striking 
                        ``or'' at the end;
                            (ii) in subclause (V), by striking 
                        the period at the end and inserting ``; 
                        or''; and
                            (iii) by adding at the end the 
                        following:
                                    ``(VI) is an alien who was 
                                issued an order to show cause 
                                or was in deportation 
                                proceedings before April 1, 
                                1997, and who applied for 
                                suspension of deportation under 
                                section 244(a)(3) of the 
                                Immigration and Nationality Act 
                                (as in effect before the date 
                                of the enactment of this 
                                Act).''.
            (4) Effective date.--The amendments made by 
        paragraph (3) shall take effect as if included in the 
        enactment of section 309 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1101 note).
    (c) Eliminating Time Limitations on Motions To Reopen 
Removal and Deportation Proceedings for Victims of Domestic 
Violence.--
            (1) Removal proceedings.--
                    (A) In general.--Section 240(c)(6)(C) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1229a(c)(6)(C)) is amended by adding at the end 
                the following:
                            ``(iv) Special rule for battered 
                        spouses and children.--The deadline 
                        specified in subsection (b)(5)(C) for 
                        filing a motion to reopen does not 
                        apply--
                                    ``(I) if the basis for the 
                                motion is to apply for relief 
                                under clause (iii) or (iv) of 
                                section 204(a)(1)(A), clause 
                                (ii) or (iii) of section 
                                204(a)(1)(B), or section 
                                240A(b)(2);
                                    ``(II) if the motion is 
                                accompanied by a cancellation 
                                of removal application to be 
                                filed with the Attorney General 
                                or by a copy of the self-
                                petition that has been or will 
                                be filed with the Immigration 
                                and Naturalization Service upon 
                                the granting of the motion to 
                                reopen; and
                                    ``(III) if the motion to 
                                reopen is filed within 1 year 
                                of the entry of the final order 
                                of removal, except that the 
                                Attorney General may, in the 
                                Attorney General's discretion, 
                                waive this time limitation in 
                                the case of an alien who 
                                demonstrates extraordinary 
                                circumstances or extreme 
                                hardship to the alien's 
                                child.''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect as if 
                included in the enactment of section 304 of the 
                Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1229-
                1229c).
            (2) Deportation proceedings.--
                    (A) In general.--Notwithstanding any 
                limitation imposed by law on motions to reopen 
                or rescind deportation proceedings under the 
                Immigration and Nationality Act (as in effect 
                before the title III-A effective date in 
                section 309 of the Illegal Immigration Reform 
                and Immigrant Responsibility Act of 1996 (8 
                U.S.C. 1101 note)), there is no time limit on 
                the filing of a motion to reopen such 
                proceedings, and the deadline specified in 
                section 242B(c)(3) of the Immigration and 
                Nationality Act (as so in effect) (8 U.S.C. 
                1252b(c)(3)) does not apply--
                            (i) if the basis of the motion is 
                        to apply for relief under clause (iii) 
                        or (iv) of section 204(a)(1)(A) of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1154(a)(1)(A)), clause (ii) or 
                        (iii) of section 204(a)(1)(B) of such 
                        Act (8 U.S.C. 1154(a)(1)(B)), or 
                        section 244(a)(3) of such Act (as so in 
                        effect) (8 U.S.C. 1254(a)(3)); and
                            (ii) if the motion is accompanied 
                        by a suspension of deportation 
                        application to be filed with the 
                        Attorney General or by a copy of the 
                        self-petition that will be filed with 
                        the Immigration and Naturalization 
                        Service upon the granting of the motion 
                        to reopen.
                    (B) Applicability.--Subparagraph (A) shall 
                apply to motions filed by aliens who--
                            (i) are, or were, in deportation 
                        proceedings under the Immigration and 
                        Nationality Act (as in effect before 
                        the title III-A effective date in 
                        section 309 of the Illegal Immigration 
                        Reform and Immigrant Responsibility Act 
                        of 1996 (8 U.S.C. 1101 note)); and
                            (ii) have become eligible to apply 
                        for relief under clause (iii) or (iv) 
                        of section 204(a)(1)(A) of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1154(a)(1)(A)), clause (ii) or 
                        (iii) of section 204(a)(1)(B) of such 
                        Act (8 U.S.C. 1154(a)(1)(B)), or 
                        section 244(a)(3) of such Act (as in 
                        effect before the title III-A effective 
                        date in section 309 of the Illegal 
                        Immigration Reform and Immigrant 
                        Responsibility Act of 1996 (8 U.S.C. 
                        1101 note)) as a result of the 
                        amendments made by--
                                    (I) subtitle G of title IV 
                                of the Violent Crime Control 
                                and Law Enforcement Act of 1994 
                                (Public Law 103-322; 108 Stat. 
                                1953 et seq.); or
                                    (II) this title.

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

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

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

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

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

    (a) In General.--The last sentence of the first section of 
Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note) is 
amended by striking the period at the end and inserting the 
following: ``, except that such spouse or child who has been 
battered or subjected to extreme cruelty may adjust to 
permanent resident status under this Act without demonstrating 
that he or she is residing with the Cuban spouse or parent in 
the United States. In acting on applications under this section 
with respect to spouses or children who have been battered or 
subjected to extreme cruelty, the Attorney General shall apply 
the provisions of section 204(a)(1)(H).''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall be effective as if included in subtitle G of title IV of 
the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322; 108 Stat. 1953 et seq.).

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

    (a) Adjustment of Status of Certain Nicaraguan and Cuban 
Battered Spouses.--Section 202(d) of the Nicaraguan Adjustment 
and Central American Relief Act (8 U.S.C. 1255 note; Public Law 
105-100, as amended) is amended--
            (1) in paragraph (1), by striking subparagraph (B) 
        and inserting the following:
                    ``(B) the alien--
                            ``(i) is the spouse, child, or 
                        unmarried son or daughter of an alien 
                        whose status is adjusted to that of an 
                        alien lawfully admitted for permanent 
                        residence under subsection (a), except 
                        that in the case of such an unmarried 
                        son or daughter, the son or daughter 
                        shall be required to establish that the 
                        son or daughter has been physically 
                        present in the United States for a 
                        continuous period beginning not later 
                        than December 1, 1995, and ending not 
                        earlier than the date on which the 
                        application for adjustment under this 
                        subsection is filed; or
                            ``(ii) was, at the time at which an 
                        alien filed for adjustment under 
                        subsection (a), the spouse or child of 
                        an alien whose status is adjusted to 
                        that of an alien lawfully admitted for 
                        permanent residence under subsection 
                        (a), and the spouse, child, or child of 
                        the spouse has been battered or 
                        subjected to extreme cruelty by the 
                        alien that filed for adjustment under 
                        subsection (a);''; and
            (2) by adding at the end the following:
            ``(3) Procedure.--In acting on an application under 
        this section with respect to a spouse or child who has 
        been battered or subjected to extreme cruelty, the 
        Attorney General shall apply section 204(a)(1)(H).''.
    (b) Cancellation of Removal and Suspension of Deportation 
Transition Rules for Certain Battered Spouses.--Section 
309(c)(5)(C) of the Illegal Immigration and Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 
104-208; 8 U.S.C. 1101 note) (as amended by section 1506(b)(3) 
of this title) is amended--
            (1) in clause (i)--
                    (A) by striking the period at the end of 
                subclause (VI) (as added by section 1506(b)(3) 
                of this title) and inserting ``; or''; and
                    (B) by adding at the end the following:
                                    ``(VII)(aa) was the spouse 
                                or child of an alien described 
                                in subclause (I), (II), or 
                                (V)--
                                            ``(AA) at the time 
                                        at which a decision is 
                                        rendered to suspend the 
                                        deportation or cancel 
                                        the removal of the 
                                        alien;
                                            ``(BB) at the time 
                                        at which the alien 
                                        filed an application 
                                        for suspension of 
                                        deportation or 
                                        cancellation of 
                                        removal; or
                                            ``(CC) at the time 
                                        at which the alien 
                                        registered for benefits 
                                        under the settlement 
                                        agreement in American 
                                        Baptist Churches, et. 
                                        al. v. Thornburgh 
                                        (ABC), applied for 
                                        temporary protected 
                                        status, or applied for 
                                        asylum; and
                                    ``(bb) the spouse, child, 
                                or child of the spouse has been 
                                battered or subjected to 
                                extreme cruelty by the alien 
                                described in subclause (I), 
                                (II), or (V).''; and
            (2) by adding at the end the following:
                            ``(iii) Consideration of 
                        petitions.--In acting on a petition 
                        filed under subclause (VII) of clause 
                        (i) the provisions set forth in section 
                        204(a)(1)(H) shall apply.
                            ``(iv) Residence with spouse or 
                        parent not required.--For purposes of 
                        the application of clause (i)(VII), a 
                        spouse or child shall not be required 
                        to demonstrate that he or she is 
                        residing with the spouse or parent in 
                        the United States.''.
    (c) Effective Date.--The amendments made by subsections (a) 
and (b) shall be effective as if included in the Nicaraguan 
Adjustment and Central American Relief Act (8 U.S.C. 1255 note; 
Public Law 105-100, as amended).

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

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

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

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

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

    (a) Findings and Purpose.--
            (1) Findings.--Congress makes the following 
        findings:
                    (A) Immigrant women and children are often 
                targeted to be victims of crimes committed 
                against them in the United States, including 
                rape, torture, kidnaping, trafficking, incest, 
                domestic violence, sexual assault, female 
                genital mutilation, forced prostitution, 
                involuntary servitude, being held hostage or 
                being criminally restrained.
                    (B) All women and children who are victims 
                of these crimes committed against them in the 
                United States must be able to report these 
                crimes to law enforcement and fully participate 
                in the investigation of the crimes committed 
                against them and the prosecution of the 
                perpetrators of such crimes.
            (2) Purpose.--
                    (A) The purpose of this section is to 
                create a new nonimmigrant visa classification 
                that will strengthen the ability of law 
                enforcement agencies to detect, investigate, 
                and prosecute cases of domestic violence, 
                sexual assault, trafficking of aliens, and 
                other crimes described in section 
                101(a)(15)(U)(iii) of the Immigration and 
                Nationality Act committed against aliens, while 
                offering protection to victims of such offenses 
                in keeping with the humanitarian interests of 
                the United States. This visa will encourage law 
                enforcement officials to better serve immigrant 
                crime victims and to prosecute crimes committed 
                against aliens.
                    (B) Creating a new nonimmigrant visa 
                classification will facilitate the reporting of 
                crimes to law enforcement officials by 
                trafficked, exploited, victimized, and abused 
                aliens who are not in lawful immigration 
                status. It also gives law enforcement officials 
                a means to regularize the status of cooperating 
                individuals during investigations or 
                prosecutions. Providing temporary legal status 
                to aliens who have been severely victimized by 
                criminal activity also comports with the 
                humanitarian interests of the United States.
                    (C) Finally, this section gives the 
                Attorney General discretion to convert the 
                status of such nonimmigrants to that of 
                permanent residents when doing so is justified 
                on humanitarian grounds, for family unity, or 
                is otherwise in the public interest.
    (b) Establishment of Humanitarian/Material Witness 
Nonimmigrant Classification.--Section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) (as 
amended by section 107 of this Act) is amended--
            (1) by striking ``or'' at the end of subparagraph 
        (S);
            (2) by striking the period at the end of 
        subparagraph (T) and inserting ``; or''; and
            (3) by adding at the end the following new 
        subparagraph:
                    ``(U)(i) subject to section 214(o), an 
                alien who files a petition for status under 
                this subparagraph, if the Attorney General 
                determines that--
                            ``(I) the alien has suffered 
                        substantial physical or mental abuse as 
                        a result of having been a victim of 
                        criminal activity described in clause 
                        (iii);
                            ``(II) the alien (or in the case of 
                        an alien child under the age of 16, the 
                        parent, guardian, or next friend of the 
                        alien) possesses information concerning 
                        criminal activity described in clause 
                        (iii);
                            ``(III) the alien (or in the case 
                        of an alien child under the age of 16, 
                        the parent, guardian, or next friend of 
                        the alien) has been helpful, is being 
                        helpful, or is likely to be helpful to 
                        a Federal, State, or local law 
                        enforcement official, to a Federal, 
                        State, or local prosecutor, to a 
                        Federal or State judge, to the Service, 
                        or to other Federal, State, or local 
                        authorities investigating or 
                        prosecuting criminal activity described 
                        in clause (iii); and
                            ``(IV) the criminal activity 
                        described in clause (iii) violated the 
                        laws of the United States or occurred 
                        in the United States (including in 
                        Indian country and military 
                        installations) or the territories and 
                        possessions of the United States;
                    ``(ii) if the Attorney General considers it 
                necessary to avoid extreme hardship to the 
                spouse, the child, or, in the case of an alien 
                child, the parent of the alien described in 
                clause (i), the Attorney General may also grant 
                status under this paragraph based upon 
                certification of a government official listed 
                in clause (i)(III) that an investigation or 
                prosecution would be harmed without the 
                assistance of the spouse, the child, or, in the 
                case of an alien child, the parent of the 
                alien; and
                    ``(iii) the criminal activity referred to 
                in this clause is that involving one or more of 
                the following or any similar activity in 
                violation of Federal, State, or local criminal 
                law: rape; torture; trafficking; incest; 
                domestic violence; sexual assault; abusive 
                sexual contact; prostitution; sexual 
                exploitation; female genital mutilation; being 
                held hostage; peonage; involuntary servitude; 
                slave trade; kidnapping; abduction; unlawful 
                criminal restraint; false imprisonment; 
                blackmail; extortion; manslaughter; murder; 
                felonious assault; witness tampering; 
                obstruction of justice; perjury; or attempt, 
                conspiracy, or solicitation to commit any of 
                the above mentioned crimes.''.
    (c) Conditions for Admission and Duties of the Attorney 
General.--Section 214 of such Act (8 U.S.C. 1184) (as amended 
by section 107 of this Act) is amended by adding at the end the 
following new subsection:
    ``(o) Requirements Applicable to Section 101(a)(15)(u) 
Visas.--
            ``(1) Petitioning procedures for section 
        101(a)(15)(u) visas.--The petition filed by an alien 
        under section 101(a)(15)(U)(i) shall contain a 
        certification from a Federal, State, or local law 
        enforcement official, prosecutor, judge, or other 
        Federal, State, or local authority investigating 
        criminal activity described in section 
        101(a)(15)(U)(iii). This certification may also be 
        provided by an official of the Service whose ability to 
        provide such certification is not limited to 
        information concerning immigration violations. This 
        certification shall state that the alien ``has been 
        helpful, is being helpful, or is likely to be helpful'' 
        in the investigation or prosecution of criminal 
        activity described in section 101(a)(15)(U)(iii).
            ``(2) Numerical limitations.--
                    ``(A) The number of aliens who may be 
                issued visas or otherwise provided status as 
                nonimmigrants under section 101(a)(15)(U) in 
                any fiscal year shall not exceed 10,000.
                    ``(B) The numerical limitations in 
                subparagraph (A) shall only apply to principal 
                aliens described in section 101(a)(15)(U)(i), 
                and not to spouses, children, or, in the case 
                of alien children, the alien parents of such 
                children.
            ``(3) Duties of the attorney general with respect 
        to `u' visa nonimmigrants.--With respect to 
        nonimmigrant aliens described in subsection 
        (a)(15)(U)--
                    ``(A) the Attorney General and other 
                government officials, where appropriate, shall 
                provide those aliens with referrals to 
                nongovernmental organizations to advise the 
                aliens regarding their options while in the 
                United States and the resources available to 
                them; and
                    ``(B) the Attorney General shall, during 
                the period those aliens are in lawful temporary 
                resident status under that subsection, provide 
                the aliens with employment authorization.
            ``(4) Credible evidence considered.--In acting on 
        any petition filed under this subsection, the consular 
        officer or the Attorney General, as appropriate, shall 
        consider any credible evidence relevant to the 
        petition.
            ``(5) Nonexclusive relief.--Nothing in this 
        subsection limits the ability of aliens who qualify for 
        status under section 101(a)(15)(U) to seek any other 
        immigration benefit or status for which the alien may 
        be eligible.''.
    (d) Prohibition on Adverse Determinations of Admissibility 
or Deportability.--Section 384(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 is amended--
            (1) by striking ``or'' at the end of paragraph 
        (1)(C);
            (2) by striking the comma at the end of paragraph 
        (1)(D) and inserting ``, or''; and
            (3) by inserting after paragraph (1)(D) the 
        following new subparagraph:
                    ``(E) in the case of an alien applying for 
                status under section 101(a)(15)(U) of the 
                Immigration and Nationality Act, the 
                perpetrator of the substantial physical or 
                mental abuse and the criminal activity,''; and
            (4) in paragraph (2), by inserting ``section 
        101(a)(15)(U),'' after ``section 216(c)(4)(C),''.
    (e) Waiver of Grounds of Ineligibility for Admission.--
Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)) is amended by adding at the end the following new 
paragraph:
    ``(13) The Attorney General shall determine whether a 
ground of inadmissibility exists with respect to a nonimmigrant 
described in section 101(a)(15)(U). The Attorney General, in 
the Attorney General's discretion, may waive the application of 
subsection (a) (other than paragraph (3)(E)) in the case of a 
nonimmigrant described in section 101(a)(15)(U), if the 
Attorney General considers it to be in the public or national 
interest to do so.''.
    (f) Adjustment to Permanent Resident Status.--Section 245 
of such Act (8 U.S.C. 1255) is amended by adding at the end the 
following new subsection:
    ``(l)(1) The Attorney General may adjust the status of an 
alien admitted into the United States (or otherwise provided 
nonimmigrant status) under section 101(a)(15)(U) to that of an 
alien lawfully admitted for permanent residence if the alien is 
not described in section 212(a)(3)(E), unless the Attorney 
General determines based on affirmative evidence that the alien 
unreasonably refused to provide assistance in a criminal 
investigation or prosecution, if--
            ``(A) the alien has been physically present in the 
        United States for a continuous period of at least 3 
        years since the date of admission as a nonimmigrant 
        under clause (i) or (ii) of section 101(a)(15)(U); and
            ``(B) in the opinion of the Attorney General, the 
        alien's continued presence in the United States is 
        justified on humanitarian grounds, to ensure family 
        unity, or is otherwise in the public interest.
    ``(2) An alien shall be considered to have failed to 
maintain continuous physical presence in the United States 
under paragraph (1)(A) if the alien has departed from the 
United States for any period in excess of 90 days or for any 
periods in the aggregate exceeding 180 days unless the absence 
is in order to assist in the investigation or prosecution or 
unless an official involved in the investigation or prosecution 
certifies that the absence was otherwise justified.
    ``(3) Upon approval of adjustment of status under paragraph 
(1) of an alien described in section 101(a)(15)(U)(i) the 
Attorney General may adjust the status of or issue an immigrant 
visa to a spouse, a child, or, in the case of an alien child, a 
parent who did not receive a nonimmigrant visa under section 
101(a)(15)(U)(ii) if the Attorney General considers the grant 
of such status or visa necessary to avoid extreme hardship.
    ``(4) Upon the approval of adjustment of status under 
paragraph (1) or (3), the Attorney General shall record the 
alien's lawful admission for permanent residence as of the date 
of such approval.''.

                        TITLE VI--MISCELLANEOUS

SEC. 1601. NOTICE REQUIREMENTS FOR SEXUALLY VIOLENT OFFENDERS.

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

SEC. 1602. TEEN SUICIDE PREVENTION STUDY.

    (a) Short Title.--This section may be cited as the ``Teen 
Suicide Prevention Act of 2000''.
    (b) Findings.--Congress finds that--
            (1) measures that increase public awareness of 
        suicide as a preventable public health problem, and 
        target parents and youth so that suicide risks and 
        warning signs can be recognized, will help to eliminate 
        the ignorance and stigma of suicide as barriers to 
        youth and families seeking preventive care;
            (2) suicide prevention efforts in the year 2000 
        should--
                    (A) target at-risk youth, particularly 
                youth with mental health problems, substance 
                abuse problems, or contact with the juvenile 
                justice system;
                    (B) involve--
                            (i) the identification of the 
                        characteristics of the at-risk youth 
                        and other youth who are contemplating 
                        suicide, and barriers to treatment of 
                        the youth; and
                            (ii) the development of model 
                        treatment programs for the youth;
                    (C) include a pilot study of the outcomes 
                of treatment for juvenile delinquents with 
                mental health or substance abuse problems;
                    (D) include a public education approach to 
                combat the negative effects of the stigma of, 
                and discrimination against individuals with, 
                mental health and substance abuse problems; and
                    (E) include a nationwide effort to develop, 
                implement, and evaluate a mental health 
                awareness program for schools, communities, and 
                families;
            (3) although numerous symptoms, diagnoses, traits, 
        characteristics, and psychosocial stressors of suicide 
        have been investigated, no single factor or set of 
        factors has ever come close to predicting suicide with 
        accuracy;
            (4) research of United States youth, such as a 1994 
        study by Lewinsohn, Rohde, and Seeley, has shown 
        predictors of suicide, such as a history of suicide 
        attempts, current suicidal ideation and depression, a 
        recent attempt or completed suicide by a friend, and 
        low self-esteem; and
            (5) epidemiological data illustrate--
                    (A) the trend of suicide at younger ages as 
                well as increases in suicidal ideation among 
                youth in the United States; and
                    (B) distinct differences in approaches to 
                suicide by gender, with--
                            (i) 3 to 5 times as many females as 
                        males attempting suicide; and
                            (ii) 3 to 5 times as many males as 
                        females completing suicide.
    (c) Purpose.--The purpose of this section is to provide for 
a study of predictors of suicide among at-risk and other youth, 
and barriers that prevent the youth from receiving treatment, 
to facilitate the development of model treatment programs and 
public education and awareness efforts.
    (d) Study.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Health and Human 
Services shall carry out, directly or by grant or contract, a 
study that is designed to identify--
            (1) the characteristics of at-risk and other youth 
        age 13 through 21 who are contemplating suicide;
            (2) the characteristics of at-risk and other youth 
        who are younger than age 13 and are contemplating 
        suicide; and
            (3) the barriers that prevent youth described in 
        paragraphs (1) and (2) from receiving treatment.
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary.

SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH.

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

                  DIVISION C--MISCELLANEOUS PROVISIONS

SEC. 2001. AIMEE'S LAW.

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

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

    (a) Payments.--
            (1) In general.--Subject to subsections (b) and 
        (c), the Secretary of the Treasury shall pay each 
        person described in paragraph (2), at the person's 
        election--
                    (A) 110 percent of compensatory damages 
                awarded by judgment of a court on a claim or 
                claims brought by the person under section 
                1605(a)(7) of title 28, United States Code, 
                plus amounts necessary to pay post-judgment 
                interest under section 1961 of such title, and, 
                in the case of a claim or claims against Cuba, 
                amounts awarded as sanctions by judicial order 
                on April 18, 2000 (as corrected on June 2, 
                2000), subject to final appellate review of 
                that order; or
                    (B) 100 percent of the compensatory damages 
                awarded by judgment of a court on a claim or 
                claims brought by the person under section 
                1605(a)(7) of title 28, United States Code, 
                plus amounts necessary to pay post-judgment 
                interest, as provided in section 1961 of such 
                title, and, in the case of a claim or claims 
                against Cuba, amounts awarded as sanctions by 
                judicial order on April 18, 2000 (as corrected 
                June 2, 2000), subject to final appellate 
                review of that order.
        Payments under this subsection shall be made promptly 
        upon request.
            (2) Persons covered.--A person described in this 
        paragraph is a person who--
                    (A)(i) as of July 20, 2000, held a final 
                judgment for a claim or claims brought under 
                section 1605(a)(7) of title 28, United States 
                Code, against Iran or Cuba, or the right to 
                payment of an amount awarded as a judicial 
                sanction with respect to such claim or claims; 
                or
                    (ii) filed a suit under such section 
                1605(a)(7) on February 17, 1999, June 7, 1999, 
                January 28, 2000, March 15, 2000, or July 27, 
                2000;
                    (B) relinquishes all claims and rights to 
                compensatory damages and amounts awarded as 
                judicial sanctions under such judgments;
                    (C) in the case of payment under paragraph 
                (1)(A), relinquishes all rights and claims to 
                punitive damages awarded in connection with 
                such claim or claims; and
                    (D) in the case of payment under paragraph 
                (1)(B), relinquishes all rights to execute 
                against or attach property that is at issue in 
                claims against the United States before an 
                international tribunal, that is the subject of 
                awards rendered by such tribunal, or that is 
                subject to section 1610(f)(1)(A) of title 28, 
                United States Code.
    (b) Funding of Amounts.--
            (1) Judgments against cuba.--For purposes of 
        funding the payments under subsection (a) in the case 
        of judgments and sanctions entered against the 
        Government of Cuba or Cuban entities, the President 
        shall vest and liquidate up to and not exceeding the 
        amount of property of the Government of Cuba and 
        sanctioned entities in the United States or any 
        commonwealth, territory, or possession thereof that has 
        been blocked pursuant to section 5(b) of the Trading 
        with the Enemy Act (50 U.S.C. App. 5(b)), sections 202 
        and 203 of the International Emergency Economic Powers 
        Act (50 U.S.C. 1701-1702), or any other proclamation, 
        order, or regulation issued thereunder. For the 
        purposes of paying amounts for judicial sanctions, 
        payment shall be made from funds or accounts subject to 
        sanctions as of April 18, 2000, or from blocked assets 
        of the Government of Cuba.
            (2) Judgments against iran.--For purposes of 
        funding payments under subsection (a) in the case of 
        judgments against Iran, the Secretary of the Treasury 
        shall make such payments from amounts paid and 
        liquidated from--
                    (A) rental proceeds accrued on the date of 
                enactment of this Act from Iranian diplomatic 
                and consular property located in the United 
                States; and
                    (B) funds not otherwise made available in 
                an amount not to exceed the total of the amount 
                in the Iran Foreign Military Sales Program 
                account within the Foreign Military Sales Fund 
                on the date of enactment of this Act.
    (c) Subrogation.--Upon payment under subsection (a) with 
respect to payments in connection with a Foreign Military Sales 
Program account, the United States shall be fully subrogated, 
to the extent of the payments, to all rights of the person paid 
under that subsection against the debtor foreign state. The 
President shall pursue these subrogated rights as claims or 
offsets of the United States in appropriate ways, including any 
negotiation process which precedes the normalization of 
relations between the foreign state designated as a state 
sponsor of terrorism and the United States, except that no 
funds shall be paid to Iran, or released to Iran, from property 
blocked under the International Emergency Economic Powers Act 
or from the Foreign Military Sales Fund, until such subrogated 
claims have been dealt with to the satisfaction of the United 
States.
    (d) Sense of Congress.--It is the sense of Congress that 
the President should not normalize relations between the United 
States and Iran until the claims subrogated have been dealt 
with to the satisfaction of the United States.
    (e) Reaffirmation of Authority.--Congress reaffirms the 
President's statutory authority to manage and, where 
appropriate and consistent with the national interest, vest 
foreign assets located in the United States for the purposes, 
among other things, of assisting and, where appropriate, making 
payments to victims of terrorism.
    (f) Amendments.--(1) Section 1610(f) of title 28, United 
States Code, is amended--
            (A) in paragraphs (2)(A) and (2)(B)(ii), by 
        striking ``shall'' each place it appears and inserting 
        ``should make every effort to''; and
            (B) by adding at the end the following new 
        paragraph:
            ``(3) Waiver.--The President may waive any 
        provision of paragraph (1) in the interest of national 
        security.''.
    (2) Subsections (b) and (d) of section 117 of the Treasury 
Department Appropriations Act, 1999 (as contained in section 
101(h) of Public Law 105-277) are repealed.

SEC. 2003. AID FOR VICTIMS OF TERRORISM.

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

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

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

SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT.

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

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

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

``SEC. 3. GENERAL PROVISIONS.

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

      And the Senate agree to the same.

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

        From the Committee on the Judiciary:

                                   Orrin Hatch,
                                   Strom Thurmond,

        From the Committee on Foreign Relations:

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

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

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

                         Concerning Division A

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

                 sec. 1. short title; table of contents

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

                     sec. 2. purposes and findings

      Section 2 of the House bill states that the purposes of 
this Act are to combat trafficking in persons, to ensure just 
punishment of traffickers, and to protect their victims. 
Section 2 of the House bill also includes findings to the 
effect that every year millions of people, predominantly women 
and children, are trafficked within or across international 
borders; that many victims are trafficked into the 
international sex industry, often through force, fraud, or 
coercion; that trafficking in persons is not limited to sex 
trafficking, but often involves forced labor and other 
violations of human rights; that trafficking is a growing 
transnational problem that is increasingly perpetrated by 
organized criminal enterprises; that existing legislation and 
law enforcement in the United States and abroad are inadequate 
to deter trafficking, bring traffickers to justice, andmeet the 
safe reintegration needs of trafficking victims; that in some 
countries, anti-trafficking efforts are hindered by official 
indifference, corruption, and sometimes even official participation in 
trafficking; that trafficking in persons is a matter of pressing 
international concern, and that the United States must work bilaterally 
and multilaterally to abolish trafficking and protect trafficking 
victims. The House findings also include references to the Declaration 
of Independence, the Universal Declaration of Human Rights, and 
numerous treaties and other international instruments.
      Section 2 of the Senate amendment contains identical 
purposes and similar findings, with a more succinct set of 
references to international agreements. Section 2 of the Senate 
amendment also contains findings to the effect that victims of 
severe forms of trafficking in persons should not be 
inappropriately incarcerated, fined, or otherwise penalized, 
and that existing United States statutes on involuntary 
servitude have been narrowly construed, in the absence of a 
definition by Congress, to exclude certain cases in which 
persons are held in a condition of servitude by nonviolent 
coercion.
      Section 2 of the conference agreement is substantially 
identical to section 2 of the Senate amendment.

                          sec. 3. definitions

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

        sec. 4. annual country reports on human rights practices

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

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

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

                   sec. 6. prevention of trafficking

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

      sec. 7. protection and assistance for victims of trafficking

      Subsection 7(a) of the House bill charges the State 
Department and the Agency for International Development (AID) 
with establishing programs and initiatives in foreign countries 
to assist victims of trafficking. Subsection 7(a) of the Senate 
amendment is substantially identical to the House provision. 
Subsection 7(a) of the conference agreement is identical to the 
Senate provision, except that all authorities are vested in the 
President.
      Subsection 7(b) of the House bill directs the Attorney 
General, the Secretaries of Labor and of Health and Human 
Services, and the Board of Directors of the Legal Services 
Corporation to expand assistance to victims of severe forms of 
tafficking in the United States. The provision makes clear that 
for the purpose of receiving benefits, a ``victim of a severe 
form of trafficking'' means only a person who has been 
subjected to such trafficking and who either has not obtained 
the age of 15 years or is the subject of a certification that 
he or she (1) is willing to assist in every reasonable way in 
the investigation and prosecution of severe forms of 
trafficking in persons, and (2) either has made a bona fide 
application for a visa under the provisions of immigration law 
added by section 7(f), or is a person whose presence in the 
United States the Attorney General is ensuring in order to 
effectuate prosecution of traffickers. In addition, the section 
makes victims of severe forms of trafficking in the United 
States eligible for benefits under the Crime Victims Fund 
without regard to their immigration status, and allows the 
Attorney General to make grants to local governments and 
nonprofit organizations to expand services for victims of 
trafficking. It also provides trafficking victims a civil right 
of action against traffickers for violations of 18 U.S.C. 1589 
(trafficking into slavery-like conditions) or 1589A (sex 
trafficking of children or by force, fraud, or coercion).
      Subsection 7(b) of the Senate amendment is similar to the 
House provision except that it does not contain the 
certification requirement as a condition on eligibility for 
benefits. It also contains no reference to the Crime Victims 
Fund and does not provide a civil right of action.
      Subsection 7(b) of the conference agreement contains the 
certification requirement for benefit eligibility. The 
conference agreement, however, requires a certification only 
for victims who have attained the age of 18 years. This 
subsection of the conference agreement is similar to the Senate 
provision in that it provides no civil right of action. The 
conferees emphasize that nothing in this Act will preclude 
trafficking victims from availing themselves of applicable 
State, local or other Federal laws in seeking compensatory or 
other damages and relief in any civil proceeding. The House 
provision making victims eligible for benefits under the Crime 
Victims Fund has been deleted as unnecessary, because current 
law does not bar such victims from receiving such benefits on 
account of their immigration status. The conferees expect that 
the Office of Victims of Crimes will provide assistance to 
these victims, even though this provision was deleted. In 
addition, the conferees believe that in making grants under 
this section, the Attorney General and other federal officials 
should consider whether the prospective grantee denies services 
to a trafficking victim solely on account of conduct incident 
to that person's status as a victim.
      Subsection 7(c) of the House bill requires the Attorney 
General and the Secretary of State to promulgate regulations to 
ensure that: (1) victims of severe forms of trafficking are 
provided with appropriate shelter and care while in Federal 
custody; (2) victims are not jailed or fined merely because 
they were trafficked; (3) victims have access to legal 
assistance and translation services; (4) victims are assured 
continuous presence in the United States to assist in the 
prosecution of traffickers; and (5) State and Justice 
Department personnel are trained in identifying and protecting 
victims of severe forms of trafficking.
      Subsection 7(c) of the Senate amendment is similar to the 
House provision, with to principal exceptions. First, it does 
not require regulations that explicitly prohibit incarceration, 
fines, or other penalties against victims on account of their 
having been trafficked. Instead, it requires regulations that 
prohibit the detention of victims in facilities inappropriate 
to their status as crimevictims. Second, it requires 
regulations under which the Attorney General ``may'' ensure the 
continued presence of a person in the United States in order to 
effectuate prosecution of traffickers if the person is both a victim 
and a potential witness.
      Subsection 7(c) of the Senate conference agreement is 
substantially identical to the Senate provision. The conferees 
believe that the House provision with respect to jailing, 
fining, or otherwise penalizing victims of serious crimes on 
account of their status as crime victims or on account of 
conduct committed under duress incident to such status restates 
existing criminal law and is therefore unnecessary. The 
conferees also believe that training provided to State 
Department and Justice Department personnel should include 
methods for achieving antitrafficking objectives through 
nondiscriminatory application of immigration laws and others 
laws.
      Subsection 7(d) of the House bill makes clear that 
nothing in subsection (c) creates a private cause of action 
against the United States or its employees. Subsection 7(d) of 
the Senate amendment is identical to the House provision. 
Subsection 7(d) of the conference agreement is identical to 
both provisions.
      Subsection 7(e) of the House bill makes funds derived 
from the sale of assets seized from and forfeited by 
traffickers (pursuant to section 12(a) of the House bill) 
available for the victim assistance under subsections (a) and 
(b). The Senate amendment contains no corresponding provision. 
The conference agreement is identical to the Senate amendment.
      Section 7(f) of the House bill creates a new nonimmigrant 
``T'' visa for certain victims of severe forms of trafficking. 
Eligibility would be limited to persons who: (1) are victims of 
a severe form of trafficking in persons, as defined in section 
3 of the act; (2) are in the United States or at a United 
States port of entry by reason of having been trafficked here; 
(3) are no older than 14 years of age or were induced to 
participate in the sex trade or slavery-like practices by 
force, coercion, fraud, or deception, did not voluntarily agree 
to any arrangement including such participation, and have 
complied with any reasonable request for assistance in the 
investigation or prosecution of trafficking acts; and (4) have 
a well-founded fear of retribution involving the infliction of 
severe harm upon removal from the United States or would suffer 
extreme hardship in connection with the trafficking upon 
removal from the United States. It also permits the Attorney 
General to grant a ``T'' visa if necessary to avoid extreme 
hardship to the victim's spouse, sons and daughters (who are 
not children), and the parents if the victim is under 21 years 
old. A victim's children who are unmarried and under 21 years 
old need not establish extreme hardship to receive a ``T'' 
visa. It precludes anyone in this section from receiving a 
``T'' visa if there is substantial reason to believe that the 
person has committed an act of a severe form of trafficking in 
persons. The House provision permits the Attorney General to 
waive grounds of inadmissibility, including health-related 
grounds, public charge, and, with the exception of security, 
international child abduction, and former citizens who 
renounced citizenship to avoid taxation, any other provision of 
section 212(a) of the INA if the activities rendering the alien 
inadmissible were caused by the trafficking. It states that the 
INS is not prohibited from instituting removal proceedings 
against an alien admitted with a ``T'' visa for conduct 
committed after the alien's admission into the United States, 
or for conduct or a condition that was not disclosed to the 
Attorney General prior to the alien's admission. The House 
provision also places an annual cap of 5,000 on ``T'' visas for 
trafficking victims. Finally, the House provision permits the 
Attorney General to adjust the status of a ``T'' visa holder to 
that of a permanent resident if the alien: (1) has been 
physically present in the United States for a continuous period 
of at least 3 years since the date of admission; (2) has 
throughout such period been a person of good moral character; 
(3) has during such period complied with any reasonable request 
for assistance in the investigation or prosecution of 
trafficking acts; and (4) has a well-founded fear of 
retribution involving the infliction of severe harm upon 
removal from the United States, or would suffer extreme 
hardship in connection with the trafficking upon removal from 
the United States. It also permits the Attorney General to 
adjust the status of the victim's spouse, parents, and married 
and unmarried sons and daughters, if admitted with a ``T'' 
visa, to that of an alien lawfully admitted for permanent 
residence. An annual cap of 5,000 is placed on adjustments of 
status for victims. The provision also permits the Attorney 
General to waive grounds of inadmissibility, including health-
related grounds, public charge, and, with the exception of 
security, international child abduction, and former citizens 
who renounced citizenship to avoid taxation, any other 
provision of section 212(a) of the INA if the activities 
rendering the alien inadmissible were caused by the 
trafficking.
      Subsections 7(e) and (f) of the Senate amendment are 
similar to section 7(f) of the House bill. The Senate provision 
allows victims who meet all other eligibility requirements for 
the ``T'' visa to make a showing of ``extreme hardship'' 
whether or not such hardship is ``in connection with the 
victimization.'' The Senate provision also makes a victim's 
spouse and minor children eligible for visas only on a showing 
that their presence in the United States would be ``necessary 
to avoid extreme hardship.'' The Senate provision makes a 
victim's parents eligible for visas only if the victim is under 
the age of 21, and provides no eligibility for a victim's sons 
and daughters who are not minor children. The Senate provision 
contained no annual limitation on the number of nonimmigrant 
visas or on the number of persons eligible to adjust status to 
permanent residence. The Senate provision allowing to waive 
grounds of inadmissibility was broader than the House 
provision, allowing waivers of all grounds except participation 
in Nazi persecution, genocide, and related grounds.
      Subsections 7(e) and (f) of the conference agreement are 
similar to the House bill but incorporate elements of the 
Senate amendment. The conferees believe that an applicant who 
voluntarily agrees to be smuggled into the United States in 
exchange for working to pay off the smuggling fee is not 
eligible for the ``T'' visa, unless the applicant becomes a 
victim of a severe form of trafficking in persons as defined by 
the Act. The conference provision requires that a victim would 
face ``extreme hardship involving unusual and severe harm'' 
upon removal as an element in establishing eligibility for a 
visa. The conferees expect that the Immigration and 
Naturalization Service and the Executive Office for Immigration 
Review will interpret the ``extreme hardship involving unusual 
and severe harm'' to be a higher standard than just ``extreme 
hardship.'' The standard shall cover those cases where a victim 
likely would face genuine and serious hardship if removed from 
the United States, whether or not the severe harm is physical 
harm or on account of having been trafficked. The extreme 
hardship shall involve more than thenormal economic and social 
disruptions involved in deportation. The conference provision is also 
similar to the Senate provision in requiring a showing of extreme 
hardship for the admission of a victim's spouse and minor children and 
in containing no provision for admission of adult sons and daughters. 
The conference provision is identical to the House provision with 
respect to waivers of grounds of inadmissibility.
      The conference agreement limits the number of 
nonimmigrant visas to 5000 per year and also contains an annual 
limit of 5000 on the number of ``T'' visa holders who are 
eligible to adjust their status to lawful permanent residence. 
The conference provision also adds a new subsection (g), 
directing the Immigration and Naturalization Service to report 
annually on whether any otherwise eligible applicant has been 
denied a visa or adjustment of status solely on account of the 
annual limitation. The conferees expect that this report will 
list the number of visa and adjustment applications filed, the 
number of denials for any reason, and the number denied on 
account of the annual limitation. The conferees believe that 
the annual limitation of 5000 is sufficient to include all bona 
fide victims of severe forms of trafficking in persons who meet 
all other eligibility requirements. If experience should 
indicate that the number is insufficient to include all such 
bona fide eligible victims, it would be appropriate for 
Congress to consider enacting legislation to increase the 
annual limitation.

      Sec. 8. Minimum standards for the elimination of trafficking

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

  Sec. 9. Assistance to foreign countries to meeting minimum standards

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

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

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

      sec. 11. actions against significant traffickers in persons

      Section 11 of the House bill authorizes the Secretary of 
State to compile and publish a list of foreign persons who have 
a significant role in a severe form of trafficking in persons, 
directly or indirectly in the United States, who materially 
support such persons, or who are owned or controlled by such 
persons. It allows the President to impose International 
Emergency Economic Power Acts (IEEPA) sanctions, including the 
freezing of assets located in the United States, without regard 
to section 202 of such Act against any foreign person on that 
list, and requires that the President report to Congress on any 
such sanctions. It also allows for the non-disclosure of 
persons on the list for intelligence and law enforcement 
reasons, and requires that Congress be notified of such 
exclusions on an annual basis. Subsection 11(e) excludes 
significant traffickers, persons who knowingly assist them, and 
their spouses, sons, and daughters who knowingly benefit from 
the proceeds of their trafficking activities, from entry into 
the United States. This approach is similar to that adopted by 
the Foreign Narcotics Kingpin Designation Act, enacted in Title 
VIII of the Intelligence Authorization Act of 2000, P.L. 106-
120.
      Section 11 of the Senate amendment is similar to the 
House provision in that it provides authority to the President 
to block assets and transactions of foreign persons who were 
traffickers in persons and foreign persons who materially 
assist or are owned, controlled or directed by such persons. 
The House bill and the Senate amendment also include similar 
provisions for compiling lists of such persons and for 
reporting on what persons were subject to the authority to 
block assets and transactions. Finally, the Senate section also 
includes a provision similar to the House amendment to the 
Immigration and Nationality Act making inadmissible persons 
subject to blocking under section 11 as well as spouses, sons 
and daughters who had obtained financial benefit from such 
persons and who knew or should have known that the financial 
benefit was the product of trafficking in persons.
      Section 11 of the conference agreement is similar in 
substance to the House and Senate provisions. The conferees 
determined that in light of the discretionary character of both 
proposals, a streamlined provision for designating and 
reporting on persons subject to the section was warranted, with 
all authority vested in the President rather than in other 
executive branch officials. A provision was added explicitly 
providing the President authority to delegate any 
responsibility. While the provision explicitly refers to the 
authority to make derivative designations, the conferees intend 
that any authority or responsibility in this section may be 
delegated. The conferees expect that a substantial part of this 
authority will be delegated to the Secretary of the Treasury, 
since the Office of Foreign Assets Control within the 
Department of the Treasury is responsible for administering 
other blocking programs. However, the conferees also expect 
that the delegation of authority under section 11 or 
regulations promulgated to implement this section will ensure 
that appropriate agencies such as the Departments of State and 
Justice are involved in the designation process contemplated 
under this section.
      The conferees remain concerned regarding administrative 
actions that may seriously affect the livelihood of persons 
subject to such actions but that are not subject to a hearing 
prior to their application. The conferees have been assured 
that blocking authority of this type is generally exercised 
only on persons who have most of their assets abroad, and the 
chief effect of blocking orders is to prohibit U.S. persons 
from engaging in transactions with such persons. While this 
assurance decreases the concern of the conferees that the 
provisions may inadvertently be used against an innocent person 
who would then be unable to use any of his or her assets to 
live during a challenge to a determination, the conferees 
included a provision requiring the agency administering this 
section to provide an expedited process for hearing from any 
person subject to this section, including any designation made 
directly by the President. It also provides that nothing in 
this section precludes judicial review of determinations under 
this section. The conferees recognize, however, that courts 
will give significant deference to a foreign policy 
determination of the President, which would be basis for making 
determinations under this section.
      Finally, several of the conferees raised concerns 
regarding the provision making certain spouses and children of 
traffickers inadmissible. In order to address these concerns, 
the conference agreement contains an exception for sons and 
daughters who were minor children at the time they received a 
benefit from trafficking enterprises.

    sec. 12. strengthening prosecution and punishment of traffickers

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

                sec. 13. authorization of appropriations

      Section 13 of the House bill authorizes a total of $94.5 
million ($31.5 million for FY2000, $63 million for FY01) in the 
following categories: (a) Interagency Task Force: $1.5 million 
for fiscal year 2000, $3 million for fiscal year 2001; (b) 
Health and Human Services for victim assistance in the United 
States: $5 million for fiscal year 2000, $10 million for fiscal 
year 2001; (c) Department of State for foreign victim 
assistance: $5 million for fiscal year 2000, $10 million for 
fiscal year 2001; (d) The Attorney General for victim 
assistance in the United States: $5 million for fiscal year 
2000, $10 million for fiscal year 2001; (e) The President for 
(1) foreign victim assistance: $5 million for fiscal year 2000, 
$10 million for fiscal year 2001, and (2) assistance to help 
countries meet minimum trafficking standards: $5 million for 
fiscal year 2000, $10 million for fiscal year 2001; and (f) 
Department of Labor for victim assistance in the United States: 
$5 million for fiscal year 2000, $10 million for fiscal year 
2001.
      Section 13 of the Senate bill is similar to the House 
provision, except that it authorizes funding for fiscal years 
2001 and 2002. It also authorizes $300,000 in fiscal year 2001 
for a voluntary contribution to the Organization for Security 
and Co-operation in Europe and such sums as may be necessary to 
include the additional information required by section 4 in the 
annual Country Reports on Human Rights Practices.
      Section 13 of the conference agreement is substantially 
identical to the Senate provision.

     Concerning Division B, the Violence Against Women Act of 2000

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

           Division B--The Violence Against Women Act of 2000

                       section-by-section summary

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

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

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

        Title II--Strengthening Services to Victims of Violence

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

        Title III--Limiting the Effects of Violence on Children

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

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

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

                   Title V--Battered Immigrant Women

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

                        Title VI--Miscellaneous

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

           Division B--The Violence Against Women Act of 2000

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

                      section-by-section analysis

      Generally designed to improve on efforts made in VAWA 
1994 to prevent immigration law from being used by an abusive 
citizen or lawful permanent resident spouse as a tool to 
prevent an abused immigrant spouse from reporting abuse or 
leaving the abusive relationship. This could happen because 
generally speaking, U.S. immigration law gives citizens and 
lawful permanent residents the right to petition for their 
spouses to be granted a permanent resident visa, which is the 
necessary prerequisite for immigrating to the United States. In 
the vast majority of cases, granting the right to seek the visa 
to the citizen or lawful permanent resident spouse makes sense, 
since the purpose of family immigration visas is to allow U.S. 
citizens or lawful permanent residents to live here with their 
spouses and children. But in the unusual case of the abusive 
relationship, an abusive citizen or lawful permanent resident 
can use control over his or her spouse's visa as a means to 
blackmail and control the spouse. The abusive spouse would do 
this by withholding a promised visa petition and then 
threatening to turn the abused spouse in to the immigration 
authorities if the abused spouse sought to leave the abuser or 
report the abuse.
      VAWA 1994 changed this by allowing immigrants who 
demonstrate that they have been battered or subjected to 
extreme cruelty by their U.S. citizen or lawful permanent 
resident spouses to file their own petitions for visas without 
the cooperation of their abusive spouse. VAWA 1994 also allowed 
abused spouses placed in removal proceedings to seek 
``cancellation of removal,'' a form of discretionary relief 
from removal available to individuals in unlawful immigration 
status with strong equities, after three years rather than the 
seven ordinarily required. Finally, VAWA 1994 granted similar 
rights to minor children abused by their citizen or lawful 
permanent resident parent, whose immigration status, like that 
of the abused spouse, would otherwise be dependent on the 
abusive parent. VAWA 2000 addresses residual immigration law 
obstacles standing in the path of battered immigrant spouses 
and children seeking to free themselves from abusive 
relationships that either had not come to the attention of the 
drafters of VAWA 1994 or have arisen since as a result of 1996 
changes to immigration law.
Sec. 1501. Short Title
      Names this title the Battered Immigrant Women Protection 
Act of 2000.
Sec. 1502. Findings and Purposes
      Lays out as the purpose of the title building on VAWA 
1994's efforts to enable battered immigrant spouses and 
children to free themselves of abusive relationships and report 
abuse without fear of immigration law consequences controlled 
by their abusive citizen or lawful permanent resident spouse or 
parent.
Sec. 1503. Improved Access to Immigration Protections of the Violence 
        Against Women Act of 1994 for Battered Immigrant Women
      Allows abused spouses and children who have already 
demonstrated to the INS that they have been the victims of 
battery or extreme cruelty by their spouse or parent to file 
their own petition for a lawful permanent resident visa without 
also having to show they will suffer ``extreme hardship'' if 
forced to leave the U.S., a showing that is not required if 
their citizen or lawful permanent resident spouse or parent 
files the visa petition on their behalf. Eliminates U.S. 
residency as a prerequisite for a spouse or child of a citizen 
or lawful permanent resident who has been battered in the U.S. 
or whose spouse is a member of the uniformed services or a U.S. 
government employee to file for his or her own visa, since 
there is no U.S. residency prerequisite for non-battered 
spouses' or children's visas. Retains current law's special 
requirement that abused spouses and children filing their own 
petitions (unlike spouses and children for whom their citizen 
or lawful permanent resident spouse or parent petitions) 
demonstrate good moral character, but modifies it to give the 
Attorney General authority to find good moral character despite 
certain otherwise disqualifying acts if those acts were 
connected to the abuse.
      Allows a victim of battery or extreme cruelty who 
believed himself or herself to be a citizen's or lawful 
permanent resident's spouse and went through a marriage 
ceremony to file a visa petition as a battered spouse if the 
marriage was not valid solely on account of the citizen's or 
lawful permanent resident's bigamy. Allows a battered spouse 
whose citizen spouse died, whose spouse lost citizenship, whose 
spouse lost lawful permanent residency, or from whom the 
battered spouse was divorced to file a visa petition as an 
abused spouse within two years of the death, loss of 
citizenship or lawful permanent residency, or divorce, provided 
that the loss of citizenship, status or divorce was connected 
to the abuse suffered by the spouse. Allows a battered spouse 
to naturalize after three years residency as other spouses may 
do, but without requiring the battered spouse to live in 
marital union with the abusive spouse during that period.
      Allows abused children or children of abused spouses 
whose petitions were filed when they were minors to maintain 
their petitions after they attain age 21, as their citizen or 
lawful permanent resident parent would be entitled to do on 
their behalf had the original petition been filed during the 
child's minority, treating the petition as filed on the date of 
the filing of the original petition for purposes of determining 
its priority date.
Sec. 1504. Improved Access to Cancellation of Removal and Suspension of 
        Deportation under the Violence Against Women Act of 1994
      Clarifies that with respect to battered immigrants, 
IIRIRA's rule, enacted in 1996, that provides that with respect 
to any applicant for cancellation of removal, any absence that 
exceeds 90 days, or any series of absences that exceed 180 
days, interrupts continuous physical presence, does not apply 
to any absence or portion of an absence connected to the abuse. 
Makes this change retroactive to date of enactment of IIRIRA. 
Directs Attorney General to parole children of battered 
immigrants granted cancellation until their adjustment of 
status application has been acted on, provided the battered 
immigrant exercises due diligence in filing such an 
application.
Sec. 1505. Offering Equal Access to Immigration Protections of the 
        Violence Against Women Act of 1994 for All Qualified Battered 
        Immigrant Self-Petitioners
      Grants the Attorney General the authority to waive 
certain bars to admissibility or grounds of deportability with 
respect to battered spouses and children. New Attorney General 
waiver authority granted (1) for crimes of domestic violence or 
stalking where the spouse or child was not the primary 
perpetrator of violence in the relationship, the crime did not 
result in serious bodily injury, and there was a connection 
between the crime and the abuse suffered by the spouse or 
child; (2) for misrepresentations connected with seeking an 
immigration benefit in cases of extreme hardship to the alien 
(paralleling the AG's waiver authority for spouses and children 
petitioned for by their citizen or lawful permanent resident 
spouse or parent in cases of extreme hardship to the spouse or 
parent); (3) for crimes of moral turpitude not constituting 
aggravated felonies where the crime was connected to the abuse 
(similarly paralleling the AG's waiver authority for spouses 
and children petitioned for by their spouse or parent); (4) for 
health related grounds of inadmissibility (also paralleling the 
AG's waiver authority for spouses and children petitioned for 
by their spouse or parent); and (5) for unlawful presence after 
a prior immigration violation, if there is a connection between 
the abuse and the alien's removal, departure, reentry, or 
attempted reentry. Clarifies that a battered immigrant's use of 
public benefits specifically made available to battered 
immigrants in PRWORA does not make the immigrant inadmissible 
on public charge ground.
Sec. 1506. Restoring Immigration Protections under the Violence Against 
        Women Act of 1994
      Establishes mechanism paralleling mechanism available to 
spouses and children petitioned for by their spouse or parent 
to enable VAWA-qualified battered spouse or child to obtain 
status as lawful permanent resident in the United States rather 
than having to go abroad to get a visa.
      Addresses problem created in 1996 for battered 
immigrants' access to cancellation of removal by IIRIRA's new 
stop-time rule. That rule was aimed at individuals gaming the 
system to gain access to cancellation of removal. To prevent 
this, IIRIRA stopped the clock on accruing any time toward 
continuous physical presence at the times INS initiates removal 
proceedings against an individual. This section eliminates 
application of this rule to battered immigrant spouses and 
children, who, if they are sophisticated enough about 
immigration law and had sufficient freedom of movement to 
``game the system'', presumably would have filed self-
petitions, and more likely do not even know that INS has 
initiated proceedings against them because their abusive spouse 
or parent has withheld their mail. To implement this change, 
allows a battered immigrant spouse or child to file a motion to 
reopen removal proceedings within 1 year of the entry of an 
order of removal (which deadline may be waived in the Attorney 
General's discretion if the Attorney General finds 
extraordinary circumstances or extreme hardship to the alien's 
child) provided the alien files a complete application to be 
classified as VAWA-eligible at the time the alien files the 
reopening motion.
Sec. 1507. Remedying Problems with Implementation of the Immigration 
        Provisions of the Violence Against Women Act of 1994
      Clarifies that negative changes of immigration status of 
abuser or divorce after abused spouse or child files petition 
under VAWA have no effect on status of abused spouse or child. 
Reclassifies abused spouse or child as spouse or child of 
citizen if abuser becomes citizen notwithstanding divorce or 
termination of parental rights (so as not to create incentive 
for abuse victim to delay leaving abusive situation on account 
of potential future improved immigration status of abuser). 
Clarifies that remarriage has no effect on pending VAWA 
immigration petition.
Sec. 1508. Technical Correction to Qualified Alien Definition for 
        Battered Immigrants
      Makes technical change of description of battered aliens 
allowed to access certain public benefits so as to use correct 
pre-IIRIRA name for equitable relief fromdeportation/removal 
(``suspension of deportation'' rather than ``cancellation of removal'') 
for pre-IIRIRA cases.
Sec. 1509. Access to Cuban Adjustment Act for Battered Immigrant 
        Spouses and Children
      Allows battered spouses and children to access special 
immigration benefits available under Cuban Adjustment Act to 
other spouses and children of Cubans on the basis of the same 
showing of battery or extreme cruelty they would have to make 
as VAWA self-petitioners; relieves them of Cuban Adjustment Act 
showing that they are residing with their spouse/parent.
Sec. 1510. Access to the Nicaraguan Adjustment and Central American 
        Relief Act for Battered Spouses and Children
      Provides access to special immigration benefits under 
NACARA to battered spouses and children similarly to the way 
section 509 does with respect to Cuban Adjustment Act.
Sec. 1511. Access to the Haitian Refugee Fairness Act of 1998 for 
        Battered Spouses and Children
      Provides access to special immigration benefits under 
HRIFA to battered spouses and children similarly to the way 
section 509 does with respect to Cuban Adjustment Act.
Sec. 1512. Access to Services and Legal Representation for Battered 
        Immigrants
      Clarifies that Stop grants, Grants to Encourage Arrest, 
Rural VAWA grants, Civil Legal Assistance grants, and Campus 
grants can be used to provide assistance to battered 
immigrants. Allows local battered women's advocacy 
organizations, law enforcement or other eligible Stop grant 
applicants to apply for Stop funding to train INS officers and 
immigration judges as well as other law enforcement officers on 
the special needs of battered immigrants.
Sec. 1513. Protection for Certain Crime Victims Including Victims of 
        Crimes Against Women
      Creates new nonimmigrant visa for victims of certain 
serious crimes that tend to target vulnerable foreign 
individuals without immigration status if the victim has 
suffered substantial physical or mental abuse as a result of 
the crime, the victim has information about the crime, and a 
law enforcement official or a judge certifies that the victim 
has been helpful, is being helpful, or is likely to be helpful 
in investigating or prosecuting the crime. The crime must 
involve rape, torture, trafficking, incest, sexual assault, 
domestic violence, abusive sexual contact, prostitution, sexual 
exploitation, female genital mutilation, being held hostage, 
peonage, involuntary servitude, slave trade, kidnapping, 
abduction, unlawful criminal restraint, false imprisonment, 
blackmail, extortion, manslaughter, murder, felonious assault, 
witness tampering, obstruction of justice, perjury, attempt or 
conspiracy to commit any of the above, or other similar conduct 
in violation of Federal, State, or local criminal law. Caps 
visas at 10,000 per fiscal year. Allows Attorney General to 
adjust these individuals to lawful permanent resident status if 
the alien has been present for 3 years and the Attorney General 
determines this is justified on humanitarian grounds, to 
promote family unity, or is otherwise in the public interest.

                              aimee's law

      This bill penalizes States that fail to incarcerate 
criminals convicted of murder, rape, and dangerous sexual 
offenses for long prison terms. In cases in which a State 
convicts a person of murder, rape, or a dangerous sexual 
offense, and that person has a prior conviction for any one of 
those offenses in a designated State, the designated State must 
pay, from federal law enforcement assistance funds, the 
incarceration and prosecution cost of the latter State. (The 
Attorney General would transfer the federal law enforcement 
funds from the prior State to the subsequent State.)
      A State is a designated State and is subject to penalty 
under this section if (1) the average term of imprisonment 
imposed by the State on persons convicted of the offense for 
which that person was convicted is less than the average term 
of imprisonment imposed for that offense in all states; or (2) 
that person had served less than 85 percent of the prison term 
to which he was sentenced for the prior offense. (In making 
this calculation, if the State has an indeterminate sentencing 
system, the prison term shall be considered the lower range of 
the sentence. For example, if a person is sentenced 10-to-12 
years, then the calculation is whether the person served 85 
percent of 10 years.)
Concerning Sec. 2002 and 2003 of Division C
      Sections 2002 and 2003, which may be referred to as the 
Justice for Victims of Terrorism Act, helps American victims of 
terrorism abroad collect court-awarded compensation and ensures 
that the responsible state sponsors of terrorism pay a price 
for their crimes.
      In March 1985, Terry Anderson, an American journalist 
working in Beirut, was kidnapped by agents of the Islamic 
Republic of Iran. He was held captive by his kidnappers in 
deplorable conditions until early December 1991.
      During the 1980's three other individuals working in 
Lebanon, David Jacobsen, an administrator of the American 
University hospital in Beirut, Joseph Ciccippio, a comptroller 
of the American University school and hospital and Frank Reed, 
a principal of a private secondary school in Beirut, were also 
held captive by agents of the Islamic Republic of Iran.
      In April 1995, Alisa Flatow, a 20-year-old college 
student from New Jersey, was on a bus on the Gaza strip going 
to a Passover holiday celebration. A terrorist from the Iranian 
backed Islamic Jihad rammed his car loaded with explosives into 
the bus, killing Ms. Flatow and seven others.
      Two Americans studying in Israel, Matthew Eisenfeld and 
Sara Duker were killed in a suicide bombing of a bus in 
Jerusalem in February 1996. Those responsible were provided 
training, money, and resources by Iran.
      Also in February 1996, Cuban pilots flying MiG aircraft 
shot down two aircraft flown by the ``Brothers to the Rescue'' 
humanitarian organization in international airspace over the 
Florida Straits. Three American citizens were killed in the 
attack by the Cuban government.
      Section 221 of the Antiterrorism and Effective Death 
Penalty Act of 1996 (P.L. 104-132) gave these and other 
American citizens injured or killed in acts of terrorism (or 
their survivors) to bring a lawsuit against the terrorist state 
responsible for that act. Congress and the President 
deliberately created an exception to the doctrine of foreign 
sovereign immunity and to the statutory protections of the 
Foreign Sovereign Immunities Act, limited to victims' cases 
against countries on the State Department's list of state 
sponsors of terrorism.
      Following enactment of the Antiterrorism Act of 1996, 
numerous American victims filed suit against terrorist states. 
Each of the victims described above, or surviving family 
members, has been awarded judgements by U.S. courts. However, 
the victims were not able to collect on their judgements. Iran 
and Cuba have few, if any, assets in the United States not 
blocked by the Treasury Department under existing sanctions 
laws or otherwise held by the U.S. Government. The President 
did not exercise existing authorities to make those assets 
available.
      After the Brothers to the Rescue incident, at a February 
26, 1996, White House press briefing President Clinton stated 
``I am asking that Congress pass legislation that will provide 
immediate compensation to the families, something to which they 
are entitled under international law, out of Cuba's blocked 
assets here in the United States. If Congress passes this 
legislation, we can provide the compensation immediately,'' The 
President did vest funds from blocked Cuban accounts to make 
modest payments to the Brothers to the Rescue families as a 
``humanitarian gesture.''
      Section 117 of the Treasury and General Government 
Appropriations Act for fiscal year 1999, explicitly made the 
assets of foreign terrorist states blocked by the Treasury 
Department under existing sanctions laws available for 
attachment by U.S. courts for the very limited purpose of 
satisfying Antiterrorism Act judgements.
      That legislation authorized the President to waive the 
requirements of that provision in the interest of national 
security, but the scope of that waiver authority remains in 
dispute. Presidential Determination 99-1 asserted broad 
authority to waive the entirety of the provision. But the 
District Court of the Southern District of Florida, in 
Alejandre v. Republic of Cuba, rejected the Administration's 
view and held, instead, that the President's authority applied 
only to Section 117's requirement that the Secretaries of State 
and Treasury assist a judgement creditor in identifying, 
locating, and executing against non-blocked property of a 
foreign terrorist state. 42 F. Supp. 2d 1317 (S.D. Fla. 1999) 
vacated and remanded on other grounds, 183 F. 3d 1277 (11th 
Cir. 1999). Another federal district court reached a contrary 
opinion. Flatow v. Islamic Republic of Iran, 76 F. Supp. 2d 16 
(D.D.C. 1999) (construing the waiver authority broadly).
      Subsection 1(f) of this bill repeals the waiver authority 
granted in Section 117 of the Treasury and General Government 
Appropriations Act for fiscal year 1999, replacing it with a 
clearer but narrower waiver authority in the underlying 
statute. The Committee hopes clarity in the legislative history 
and intent of subsection 1(f), in the context of the section as 
a whole, will ensure appropriate application of the new waiver 
authority.
      This is a key issue for American victims of state-
sponsored terrorism who have sued or who will in the future sue 
the responsible terrorism-list state, as they are entitled to 
do under the Anti-Terrorism Act of 1996. Victims who already 
hold U.S. court judgements, and a few whose related cases will 
soon be decided, will receive their compensatory damages as a 
result of this legislation.
      The Committee intends that this legislation will 
similarly help other pending and future Antiterrorism Act 
plaintiffs as and when U.S. courts issue judgements against the 
foreign state sponsors of specific terrorist acts. The 
Committee shares the particular interest of the sponsors of 
this legislation in ensuring that the families of the victims 
of Pan Am flight 103 should be able to collect damages promptly 
if they can demonstrate to the satisfaction of a U.S. court 
that Libya is indeed responsible for that heinous bombing. The 
Committee is similarly interested in pending suits against 
Iraq.
      In replacing the waiver, the conferees accept that the 
President should have the authority to waive the court's 
authority to attach blocked assets. But to understand the view 
of the committee with respect to the use of the waiver, it must 
be read within the context of other provisions of the 
legislation.
      A waiver of the attachment provision would seem 
appropriate for final and pending Anti-Terrorism Act cases 
identified in subsection (a)(2) of this bill. In these cases, 
judicial attachment is not necessary because the executive 
branch will appropriately pay compensatory damages to the 
victims and use blocked assets to collect the funds from 
terrorist states.
      Of particular significance, this section reaffirms the 
President's statutory authority, inter alia, to vest blocked 
foreign government assets and where appropriate make payments 
to victims of terrorism. The President has the authority to 
assist victims with pending and future cases.
      The Committee's intent is that the President will review 
each case when the court issues a final judgement to determine 
whether to use the national security waiver, whether to help 
the plaintiffs collect from a foreign state's non-blocked 
assets in the United States whether to allow the courts to 
attach and execute against blocked assets, or whether to use 
existing authorities to vest and pay those assets as damages to 
the victims of terrorism.
      When a future President does make a decision whether to 
invoke the waiver, he should consider seriously whether the 
national security standard for a waiver has been met. In 
enacting this legislation, Congress is expressing the view that 
the attachment and execution of frozen assets to enforce 
judgements in cases under the Anti-Terrorism Act of 1996 is not 
by itself contrary to the national security interest. Indeed, 
in the view of the Committee, it is generally in the national 
security interest of the United States to make foreign state 
sponsors of terrorism pay court-awarded damages to American 
victims, so neither the Foreign Sovereign Immunities Act nor 
any other law will stand in the way of justice. Thus, in the 
view of the committee the waiver authority should not be 
exercised in a routine or blanket manner, but only where U.S. 
national security interests would be implicated in taking 
action against particular blocked assets or where alternative 
recourse--such as vesting and paying those assets--may be 
preferable to court attachment.
      Future Presidents should follow the precedent set by this 
legislation, and find the best way to help victims of terrorism 
collect on their judgements and make terrorist states pay for 
their crimes.
      The conference report also includes a section, Section 
2003, dealing with support for victims of international 
terrorism. This section will enable the Office for Victims of 
Crime (OVC) to provide more immediate and effective assistance 
to Americans who are victims of terrorism abroad--Americans 
like those killed or injured in the embassy bombings in Kenya 
and Tanzania, and in the Pan Am 103 bombing over Lockerbie, 
Scotland. These victims deserve help, but existing programs are 
failing to meet their needs.
      Section 2003(a) of the conference report will permit OVC 
to serve these victims better by expanding the types of 
assistance for which the Victims of Crime Act (VOCA) emergency 
reserve fund may be used, and the range of organizations to 
which assistance may be provided. These changes will not 
require new or appropriated funds: They simply allow OVC 
greater flexibility in using existing reserve funds to assist 
victims of terrorism abroad, including the victims of the 
Lockerbie and embassy bombings.
      Section 2003(b) will authorize OVC to raise the cap on 
the VOCA emergency reserve fund from $50 million to $100 
million, so that the fund is large enough to cover the 
extraordinary costs that would be incurred if a terrorist act 
caused massive casualties, and to replenish the reserve fund 
with unobligated funds from its other grant programs.
      Section 2003(c) will simplify the presently-authorized 
system of using VOCA funds to provide victim compensation to 
American victims of terrorism abroad, by permitting OVC to 
establish and operate an international crime victim 
compensation program. This program will, in addition, cover 
foreign nationals who are employees of any American government 
institution targeted for terrorist attack. The source of 
funding is the VOCA emergency reserve fund, which Congress 
authorized in an amendment to the 1996 Antiterrorism and 
Effective Death Penalty Act.
      Section 2003(d) clarifies that deposits into the Crime 
Victims Fund remain available for intended uses under VOCA when 
not expended immediately. This should quell concerns raised 
regarding the effect of spending caps included in 
appropriations bills last year and this. The appropriations' 
actions were meant to defer spending, not to remove deposits 
from the Fund. This provision makes that explicit.

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

      The purpose of S. 577 is to provide a mechanism to enable 
States to effectively enforce their laws against the illegal 
interstate shipment of alcoholic beverages. While Federal law 
already prohibits the interstate shipment of alcohol in 
violation of state law, unfortunately, that general prohibition 
lacks any enforcement mechanism. S. 577 provides that mechanism 
by permitting the Attorney General of a State, who has 
reasonable cause to believe that his or her State laws 
regulating the importation and transportation of alcohol are 
being violated, to file an action in federal court for an 
injunction to stop those illegal shipments.
      S. 577 only reaches those that violate the law. It only 
allows actions for an injunction if a person is ``engaged in'' 
or ``has engaged in'' an act that would constitute a violation 
of a State law, but prohibits injunctions to restrain otherwise 
lawful advertising. Additionally, S. 577 provides that no 
preliminary injunctions could be obtained without: (1) proving 
irreparable injury, and (2) a probability of success on the 
merits. S. 577 also includes a provision on the ``Rules of 
Construction,'' which states that the power conveyed by this 
act is limited to the valid exercise of power vested in the 
states under the 21st Amendment in accordance with Supreme 
Court precedent and interpretation, and shall not be 
interpreted to grant to states any additional power.

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

        From the Committee on the Judiciary:

                                   Orrin Hatch,
                                   Strom Thurmond,

        From the Committee on Foreign Relations:

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

                                  
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