PUBLIC LAW 106–386—OCT. 28, 2000

VICTIMS OF TRAFFICKING AND VIOLENCE

PROTECTION ACT OF 2000

114 STAT. 1464 PUBLIC LAW 106–386—OCT. 28, 2000

Public Law 106–386

106th Congress

An Act

To combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against

women, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Victims of Trafficking and

Violence Protection Act of 2000’’.

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

(a) DIVISIONS.—This Act is organized into three divisions, as

follows:

(1) DIVISION A.—Trafficking Victims Protection Act of 2000.

(2) DIVISION B.—Violence Against Women Act of 2000.

(3) DIVISION C.—Miscellaneous Provisions.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec.1.Short title.

Sec.2.Organization of Act into divisions; table of contents.

DIVISION A—TRAFFICKING VICTIMS PROTECTION ACT OF 2000

Sec.101.Short title.

Sec.102.Purposes and findings.

Sec.103.Definitions.

Sec.104.Annual Country Reports on Human Rights Practices.

Sec.105.Interagency Task Force To Monitor and Combat Trafficking.

Sec.106.Prevention of trafficking.

Sec.107.Protection and assistance for victims of trafficking.

Sec.108.Minimum standards for the elimination of trafficking.

Sec.109.Assistance to foreign countries to meet minimum standards.

Sec.110.Actions against governments failing to meet minimum standards.

Sec.111.Actions against significant traffickers in persons.

Sec.112.Strengthening prosecution and punishment of traffickers.

Sec.113.Authorizations of appropriations.

DIVISION B—VIOLENCE AGAINST WOMEN ACT OF 2000

Sec.1001.Short title.

Sec.1002.Definitions.

Sec.1003.Accountability and oversight.

TITLE I—STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE

AGAINST WOMEN

Sec.1101.Full faith and credit enforcement of protection orders.

Sec.1102.Role of courts.

Sec.1103.Reauthorization of STOP grants.

Sec.1104.Reauthorization of grants to encourage arrest policies.

Sec.1105.Reauthorization of rural domestic violence and child abuse enforcement

grants.

Sec.1106.National stalker and domestic violence reduction.

22 USC 7101

note.

Victims of

Trafficking and

Violence

Protection Act of

2000.

Oct. 28, 2000

[H.R. 3244]

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1465

Sec.1107.Amendments to domestic violence and stalking offenses.

Sec.1108.School and campus security.

Sec.1109.Dating violence.

TITLE II—STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec.1201.Legal assistance for victims.

Sec.1202.Shelter services for battered women and children.

Sec.1203.Transitional housing assistance for victims of domestic violence.

Sec.1204.National domestic violence hotline.

Sec.1205.Federal victims counselors.

Sec.1206.Study of State laws regarding insurance discrimination against victims of

violence against women.

Sec.1207.Study of workplace effects from violence against women.

Sec.1208.Study of unemployment compensation for victims of violence against

women.

Sec.1209.Enhancing protections for older and disabled women from domestic

violence and sexual assault.

TITLE III—LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec.1301.Safe havens for children pilot program.

Sec.1302.Reauthorization of victims of child abuse programs.

Sec.1303.Report on effects of parental kidnapping laws in domestic violence cases.

TITLE IV—STRENGTHENING EDUCATION AND TRAINING TO COMBAT

VIOLENCE AGAINST WOMEN

Sec.1401.Rape prevention and education.

Sec.1402.Education and training to end violence against and abuse of women with

disabilities.

Sec.1403.Community initiatives.

Sec.1404.Development of research agenda identified by the Violence Against

Women Act of 1994.

Sec.1405.Standards, practice, and training for sexual assault forensic examinations.

Sec.1406.Education and training for judges and court personnel.

Sec.1407.Domestic Violence Task Force.

TITLE V—BATTERED IMMIGRANT WOMEN

Sec.1501.Short title.

Sec.1502.Findings and purposes.

Sec.1503.Improved access to immigration protections of the Violence Against

Women Act of 1994 for battered immigrant women.

Sec.1504.Improved access to cancellation of removal and suspension of deportation

under the Violence Against Women Act of 1994.

Sec.1505.Offering equal access to immigration protections of the Violence Against

Women Act of 1994 for all qualified battered immigrant self-petitioners.

Sec.1506.Restoring immigration protections under the Violence Against Women Act

of 1994.

Sec.1507.Remedying problems with implementation of the immigration provisions of

the Violence Against Women Act of 1994.

Sec.1508.Technical correction to qualified alien definition for battered immigrants.

Sec.1509.Access to Cuban Adjustment Act for battered immigrant spouses and

children.

Sec.1510.Access to the Nicaraguan Adjustment and Central American Relief Act for

battered spouses and children.

Sec.1511.Access to the Haitian Refugee Fairness Act of 1998 for battered spouses

and children.

Sec.1512.Access to services and legal representation for battered immigrants.

Sec.1513.Protection for certain crime victims including victims of crimes against

women.

TITLE VI—MISCELLANEOUS

Sec.1601.Notice requirements for sexually violent offenders.

Sec.1602.Teen suicide prevention study.

Sec.1603.Decade of pain control and research.

DIVISION C—MISCELLANEOUS PROVISIONS

Sec.2001.Aimee’s law.

Sec.2002.Payment of anti-terrorism judgments.

Sec.2003.Aid to victims of terrorism.

Sec.2004.Twenty-first amendment enforcement.

114 STAT. 1466 PUBLIC LAW 106–386—OCT. 28, 2000

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

22 USC 7101.

22 USC 7101

note.

Trafficking

Victims

Protection Act of

2000.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1467

have the same coercive effects on victims as direct threats

to inflict such harm.

(8) Trafficking in persons is increasingly perpetrated by

organized, sophisticated criminal enterprises. Such trafficking

is the fastest growing source of profits for organized criminal

enterprises worldwide. Profits from the trafficking industry

contribute to the expansion of organized crime in the United

States and worldwide. Trafficking in persons is often aided

by official corruption in countries of origin, transit, and destination, thereby threatening the rule of law.

(9) Trafficking includes all the elements of the crime of

forcible rape when it involves the involuntary participation

of another person in sex acts by means of fraud, force, or

coercion.

(10) Trafficking also involves violations of other laws,

including labor and immigration codes and laws against kidnapping, slavery, false imprisonment, assault, battery, pandering,

fraud, and extortion.

(11) Trafficking exposes victims to serious health risks.

Women and children trafficked in the sex industry are exposed

to deadly diseases, including HIV and AIDS. Trafficking victims

are sometimes worked or physically brutalized to death.

(12) Trafficking in persons substantially affects interstate

and foreign commerce. Trafficking for such purposes as involuntary servitude, peonage, and other forms of forced labor has

an impact on the nationwide employment network and labor

market. Within the context of slavery, servitude, and labor

or services which are obtained or maintained through coercive

conduct that amounts to a condition of servitude, victims are

subjected to a range of violations.

(13) Involuntary servitude statutes are intended to reach

cases in which persons are held in a condition of servitude

through nonviolent coercion. In United States v. Kozminski,

487 U.S. 931 (1988), the Supreme Court found that section

1584 of title 18, United States Code, should be narrowly interpreted, absent a definition of involuntary servitude by Congress.

As a result, that section was interpreted to criminalize only

servitude that is brought about through use or threatened

use of physical or legal coercion, and to exclude other conduct

that can have the same purpose and effect.

(14) Existing legislation and law enforcement in the United

States and other countries are inadequate to deter trafficking

and bring traffickers to justice, failing to reflect the gravity

of the offenses involved. No comprehensive law exists in the

United States that penalizes the range of offenses involved

in the trafficking scheme. Instead, even the most brutal

instances of trafficking in the sex industry are often punished

under laws that also apply to lesser offenses, so that traffickers

typically escape deserved punishment.

(15) In the United States, the seriousness of this crime

and its components is not reflected in current sentencing guidelines, resulting in weak penalties for convicted traffickers.

(16) In some countries, enforcement against traffickers is

also hindered by official indifference, by corruption, and sometimes even by official participation in trafficking.

114 STAT. 1468 PUBLIC LAW 106–386—OCT. 28, 2000

(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.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1469

(24) Trafficking in persons is a transnational crime with

national implications. To deter international trafficking and

bring its perpetrators to justice, nations including the United

States must recognize that trafficking is a serious offense.

This is done by prescribing appropriate punishment, giving

priority to the prosecution of trafficking offenses, and protecting

rather than punishing the victims of such offenses. The United

States must work bilaterally and multilaterally to abolish the

trafficking industry by taking steps to promote cooperation

among countries linked together by international trafficking

routes. The United States must also urge the international

community to take strong action in multilateral fora to engage

recalcitrant countries in serious and sustained efforts to eliminate trafficking and protect trafficking victims.

SEC. 103. 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—

22 USC 7102.

114 STAT. 1470 PUBLIC LAW 106–386—OCT. 28, 2000

(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,

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1471

the Commonwealth of Puerto Rico, the Virgin Islands, American

Samoa, Guam, the Commonwealth of the Northern Mariana

Islands, and the territories and possessions of the United

States.

(13) VICTIM OF A SEVERE FORM OF TRAFFICKING.—The term

‘‘victim of a severe form of trafficking’’ means a person subject

to an act or practice described in paragraph (8).

(14) VICTIM OF TRAFFICKING.—The term ‘‘victim of trafficking’’ means a person subjected to an act or practice described

in paragraph (8) or (9).

SEC. 104. 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

22 USC 2151n.

114 STAT. 1472 PUBLIC LAW 106–386—OCT. 28, 2000

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

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1473

all appropriate measures to modify or replace such laws

and treaties so as to permit such cooperation.

‘‘(vii) Whether the government of that country is

assisting in international investigations of transnational

trafficking networks and in other cooperative efforts to

combat severe forms of trafficking in persons.

‘‘(viii) Whether the government of that country refrains

from prosecuting victims of severe forms of trafficking in

persons due to such victims having been trafficked, and

refrains from other discriminatory treatment of such victims.

‘‘(ix) Whether the government of that country recognizes the rights of victims of severe forms of trafficking

in persons and ensures their access to justice.

‘‘(C) Such other information relating to trafficking in persons as the Secretary of State considers appropriate.

‘‘(2) In compiling data and making assessments for the purposes

of paragraph (1), United States diplomatic mission personnel shall

consult with human rights organizations and other appropriate

nongovernmental organizations.’’.

SEC. 105. 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.

President.

22 USC 7103.

114 STAT. 1474 PUBLIC LAW 106–386—OCT. 28, 2000

(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 TRAF- FICKING.—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,

22 USC 7105.

22 USC 7104.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1475

reintegration, or resettlement, as appropriate, of victims of

trafficking. Such programs and initiatives shall be designed

to meet the appropriate assistance needs of such persons and

their children, as identified by the Task Force.

(2) ADDITIONAL REQUIREMENT.—In establishing and conducting programs and initiatives described in paragraph (1),

the Secretary of State and the Administrator of the United

States Agency for International Development shall take all

appropriate steps to enhance cooperative efforts among foreign

countries, including countries of origin of victims of trafficking,

to assist in the integration, reintegration, or resettlement, as

appropriate, of victims of trafficking, including stateless victims.

(b) VICTIMS IN THE UNITED STATES.—

(1) ASSISTANCE.—

(A) ELIGIBILITY FOR BENEFITS AND SERVICES.—Notwithstanding title IV of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, an alien who is

a victim of a severe form of trafficking in persons shall

be eligible for benefits and services under any Federal

or State program or activity funded or administered by

any official or agency described in subparagraph (B) to

the same extent as an alien who is admitted to the United

States as a refugee under section 207 of the Immigration

and Nationality Act.

(B) REQUIREMENT TO EXPAND BENEFITS AND SERVICES.—Subject to subparagraph (C) and, in the case of

nonentitlement programs, to the availability of appropriations, the Secretary of Health and Human Services, the

Secretary of Labor, the Board of Directors of the Legal

Services Corporation, and the heads of other Federal agencies shall expand benefits and services to victims of severe

forms of trafficking in persons in the United States, without

regard to the immigration status of such victims.

(C) DEFINITION OF VICTIM OF A SEVERE FORM OF TRAFFICKING IN PERSONS.—For the purposes of this paragraph,

the term ‘‘victim of a severe form of trafficking in persons’’

means only a person—

(i) who has been subjected to an act or practice

described in section 103(8) as in effect on the date

of the enactment of this Act; and

(ii)(I) who has not attained 18 years of age; or

(II) who is the subject of a certification under

subparagraph (E).

(D) ANNUAL REPORT.—Not 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

Deadline.

114 STAT. 1476 PUBLIC LAW 106–386—OCT. 28, 2000

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.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1477

(c) TRAFFICKING VICTIM REGULATIONS.—Not later than 180 days

after the date of the enactment of this Act, the Attorney General

and the Secretary of State shall promulgate regulations for law

enforcement personnel, immigration officials, and Department of

State officials to implement the following:

(1) PROTECTIONS WHILE IN CUSTODY.—Victims of severe

forms of trafficking, while in the custody of the Federal Government and to the extent practicable, shall—

(A) not be detained in facilities inappropriate to their

status as crime victims;

(B) receive necessary medical care and other assistance; and

(C) be provided protection if a victim’s safety is at

risk or if there is danger of additional harm by recapture

of the victim by a trafficker, including—

(i) taking measures to protect trafficked persons

and their family members from intimidation and

threats of reprisals and reprisals from traffickers and

their associates; and

(ii) ensuring that the names and identifying

information of trafficked persons and their family members are not disclosed to the public.

(2) ACCESS TO INFORMATION.—Victims of severe forms of

trafficking shall have access to information about their rights

and translation services.

(3) AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE

UNITED STATES.—Federal law enforcement officials may permit

an alien individual’s continued presence in the United States,

if after an assessment, it is determined that such individual

is a victim of a severe form of trafficking and a potential

witness to such trafficking, in order to effectuate prosecution

of those responsible, and such officials in investigating and

prosecuting traffickers shall protect the safety of trafficking

victims, including taking measures to protect trafficked persons

and their family members from intimidation, threats of

reprisals, and reprisals from traffickers and their associates.

(4) TRAINING OF GOVERNMENT PERSONNEL.—Appropriate

personnel of the Department of State and the Department

of Justice shall be trained in identifying victims of severe

forms of trafficking and providing for the protection of such

victims.

(d) CONSTRUCTION.—Nothing in subsection (c) shall be construed as creating any private cause of action against the United

States or its officers or employees.

(e) PROTECTION FROM REMOVAL FOR CERTAIN CRIME VICTIMS.—

(1) IN GENERAL.—Section 101(a)(15) of the Immigration

and Nationality Act (8 U.S.C. 1101(a)(15)) is amended—

(A) by striking ‘‘or’’ at the end of subparagraph (R);

(B) by striking the period at the end of subparagraph

(S) and inserting ‘‘; or’’; and

(C) by adding at the end the following new subparagraph:

‘‘(T)(i) subject to section 214(n), an alien who the

Attorney General determines—

‘‘(I) is or has been a victim of a severe form of

trafficking in persons, as defined in section 103 of

the Trafficking Victims Protection Act of 2000,

Deadline.

114 STAT. 1478 PUBLIC LAW 106–386—OCT. 28, 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).’’.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1479

(4) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO

‘‘T’’ VISA NONIMMIGRANTS.—Section 101 of the Immigration and

Nationality Act (8 U.S.C. 1101) is amended by adding at the

end the following new subsection:

‘‘(i) With respect to each nonimmigrant alien described in subsection (a)(15)(T)(i)—

‘‘(1) the Attorney General and other Government officials,

where appropriate, shall provide the alien with a referral to

a nongovernmental organization that would advise the alien

regarding the alien’s options while in the United States and

the resources available to the alien; and

‘‘(2) the Attorney General shall, during the period the alien

is in lawful temporary resident status under that subsection,

grant the alien authorization to engage in employment in the

United States and provide the alien with an ‘employment

authorized’ endorsement or other appropriate work permit.’’.

(5) STATUTORY CONSTRUCTION.—Nothing in this section,

or in the amendments made by this section, shall be construed

as prohibiting the Attorney General from instituting removal

proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) against an alien admitted as a

nonimmigrant under section 101(a)(15)(T)(i) of that Act, as

added by subsection (e), for conduct committed after the alien’s

admission into the United States, or for conduct or a condition

that was not disclosed to the Attorney General prior to the

alien’s admission as a nonimmigrant under such section

101(a)(15)(T)(i).

(f ) ADJUSTMENT TO PERMANENT RESIDENT STATUS.—Section

245 of such Act (8 U.S.C 1255) is amended by adding at the

end the following new subsection:

‘‘(l)(1) If, in the opinion of the Attorney General, a nonimmigrant admitted into the United States under section

101(a)(15)(T)(i)—

‘‘(A) has been physically present in the United States for

a continuous period of at least 3 years since the date of admission as a nonimmigrant under section 101(a)(15)(T)(i),

‘‘(B) has, throughout such period, been a person of good

moral character, and

‘‘(C)(i) has, during such period, complied with any reasonable request for assistance in the investigation or prosecution

of acts of trafficking, or

‘‘(ii) the alien would suffer extreme hardship involving

unusual and severe harm upon removal from the United States,

the Attorney General may adjust the status of the alien (and

any person admitted under that section as the spouse, parent,

or child of the alien) to that of an alien lawfully admitted for

permanent residence.

‘‘(2) Paragraph (1) shall not apply to an alien admitted under

section 101(a)(15)(T) who is inadmissible to the United States by

reason of a ground that has not been waived under section 212,

except that, if the Attorney General considers it to be in the national

interest to do so, the Attorney General, in the Attorney General’s

discretion, may waive the application of—

‘‘(A) paragraphs (1) and (4) of section 212(a); and

‘‘(B) any other provision of such section (excluding paragraphs (3), (10)(C), and (10(E)), if the activities rendering the

alien inadmissible under the provision were caused by, or were

114 STAT. 1480 PUBLIC LAW 106–386—OCT. 28, 2000

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

22 USC 7106.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1481

in persons that take place wholly or partly within the territory

of the country.

(2) Whether the government of the country protects victims

of severe forms of trafficking in persons and encourages their

assistance in the investigation and prosecution of such trafficking, including provisions for legal alternatives to their

removal to countries in which they would face retribution or

hardship, and ensures that victims are not inappropriately

incarcerated, fined, or otherwise penalized solely for unlawful

acts as a direct result of being trafficked.

(3) Whether the government of the country has adopted

measures to prevent severe forms of trafficking in persons,

such as measures to inform and educate the public, including

potential victims, about the causes and consequences of severe

forms of trafficking in persons.

(4) Whether the government of the country cooperates with

other governments in the investigation and prosecution of

severe forms of trafficking in persons.

(5) Whether the government of the country extradites persons charged with acts of severe forms of trafficking in persons

on substantially the same terms and to substantially the same

extent as persons charged with other serious crimes (or, to

the extent such extradition would be inconsistent with the

laws of such country or with international agreements to which

the country is a party, whether the government is taking all

appropriate measures to modify or replace such laws and treaties so as to permit such extradition).

(6) Whether the government of the country monitors

immigration and emigration patterns for evidence of severe

forms of trafficking in persons and whether law enforcement

agencies of the country respond to any such evidence in a

manner that is consistent with the vigorous investigation and

prosecution of acts of such trafficking, as well as with the

protection of human rights of victims and the internationally

recognized human right to leave any country, including one’s

own, and to return to one’s own country.

(7) Whether the government of the country vigorously

investigates and prosecutes public officials who participate in

or facilitate severe forms of trafficking in persons, and takes

all appropriate measures against officials who condone such

trafficking.

SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM

STANDARDS.

Chapter 1 of part I of the Foreign Assistance Act of 1961

(22 U.S.C. 2151 et seq.) is amended by adding at the end the

following new section:

‘‘SEC. 134. 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;

22 USC 2152d.

114 STAT. 1482 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(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;

Deadline.

22 USC 7107.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1483

(B) the extent of noncompliance with the minimum

standards by the government and, particularly, the extent

to which officials or employees of the government have

participated in, facilitated, condoned, or are otherwise

complicit in severe forms of trafficking; and

(C) what measures are reasonable to bring the government into compliance with the minimum standards in light

of the resources and capabilities of the government.

(c) NOTIFICATION.—Not 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, NONTRADERELATED 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

President.

Deadline.

114 STAT. 1484 PUBLIC LAW 106–386—OCT. 28, 2000

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:

22 USC 7108.

President.

President.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1485

(A) Any foreign person that plays a significant role

in a severe form of trafficking in persons, directly or

indirectly in the United States.

(B) Foreign persons that materially assist in, or provide

financial or technological support for or to, or provide goods

or services in support of, activities of a significant foreign

trafficker in persons identified pursuant to subparagraph

(A).

(C) Foreign persons that are owned, controlled, or

directed by, or acting for or on behalf of, a significant

foreign trafficker identified pursuant to subparagraph (A).

(2) PENALTIES.—The penalties set forth in section 206 of

the International Emergency Economic Powers Act (50 U.S.C.

1705) apply to violations of any license, order, or regulation

issued under this section.

(b) REPORT TO CONGRESS ON IDENTIFICATION AND SANCTIONING

OF SIGNIFICANT TRAFFICKERS IN PERSONS.—

(1) IN GENERAL.—Upon 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

President.

President.

114 STAT. 1486 PUBLIC LAW 106–386—OCT. 28, 2000

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:

‘‘§ 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;

22 USC 7109.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1487

‘‘(2) by means of any scheme, plan, or pattern intended

to cause the person to believe that, if the person did not

perform such labor or services, that person or another person

would suffer serious harm or physical restraint; or

‘‘(3) by means of the abuse or threatened abuse of law

or the legal process,

shall be fined under this title or imprisoned not more than 20

years, or both. If death results from the violation of this section,

or if the violation includes kidnapping or an attempt to kidnap,

aggravated sexual abuse or the attempt to commit aggravated

sexual abuse, or an attempt to kill, the defendant shall be fined

under this title or imprisoned for any term of years or life, or

both.

‘‘§ 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.

‘‘§ 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—

114 STAT. 1488 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(A) threats of serious harm to or physical restraint

against any person;

‘‘(B) any scheme, plan, or pattern intended to cause

a person to believe that failure to perform an act would

result in serious harm to or physical restraint against

any person; or

‘‘(C) the abuse or threatened abuse of law or the legal

process.

‘‘(3) The term ‘venture’ means any group of two or more

individuals associated in fact, whether or not a legal entity.

‘‘§ 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.

‘‘§ 1593. Mandatory restitution

‘‘(a) Notwithstanding section 3663 or 3663A, and in addition

to any other civil or criminal penalties authorized by law, the

court shall order restitution for any offense under this chapter.

‘‘(b)(1) The order of restitution under this section shall direct

the defendant to pay the victim (through the appropriate court

mechanism) the full amount of the victim’s losses, as determined

by the court under paragraph (3) of this subsection.

‘‘(2) An order of restitution under this section shall be issued

and enforced in accordance with section 3664 in the same manner

as an order under section 3663A.

‘‘(3) As used in this subsection, the term ‘full amount of the

victim’s losses’ has the same meaning as provided in section

2259(b)(3) and shall in addition include the greater of the gross

income or value to the defendant of the victim’s services or labor

or the value of the victim’s labor as guaranteed under the minimum

wage and overtime guarantees of the Fair Labor Standards Act

(29 U.S.C. 201 et seq.).

‘‘(c) As used in this section, the term ‘victim’ means the individual harmed as a result of a crime under this chapter, including,

in the case of a victim who is under 18 years of age, incompetent,

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1489

incapacitated, or deceased, the legal guardian of the victim or

a representative of the victim’s estate, or another family member,

or any other person appointed as suitable by the court, but in

no event shall the defendant be named such representative or

guardian.

‘‘§ 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.

114 STAT. 1490 PUBLIC LAW 106–386—OCT. 28, 2000

(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.

22 USC 7110.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1491

(d) AUTHORIZATION OF APPROPRIATIONS TO ATTORNEY GENERAL.—To carry out the purposes of section 107(b), there are authorized to be appropriated to the Attorney General $5,000,000 for

fiscal year 2001 and $10,000,000 for fiscal year 2002.

(e) AUTHORIZATION OF APPROPRIATIONS TO PRESIDENT.—

(1) FOREIGN VICTIM ASSISTANCE.—To carry out the purposes

of section 106, there are authorized to be appropriated to the

President $5,000,000 for fiscal year 2001 and $10,000,000 for

fiscal year 2002.

(2) ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM

STANDARDS.—To carry out the purposes of section 109, there

are authorized to be appropriated to the President $5,000,000

for fiscal year 2001 and $10,000,000 for fiscal year 2002.

(f ) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF

LABOR.—To carry out the purposes of section 107(b), there are

authorized to be appropriated to the Secretary of Labor $5,000,000

for fiscal year 2001 and $10,000,000 for fiscal year 2002.

DIVISION 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.

42 USC 3789p.

42 USC 3796gg–

2 note.

42 USC 13701

note.

Violence Against

Women Act of

2000.

114 STAT. 1492 PUBLIC LAW 106–386—OCT. 28, 2000

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—

42 USC 3796hh–

1.

42 USC 3796hh.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1493

(A) in the heading, by striking ‘‘FILING’’ and inserting ‘‘AND PROTECTION ORDERS’’ after ‘‘CHARGES’’;

(B) in subsection (a)—

(i) by striking paragraph (1) and inserting the

following:

‘‘(1) certifies that its laws, policies, and practices do not

require, in connection with the prosecution of any misdemeanor

or felony domestic violence offense, or in connection with the

filing, issuance, registration, or service of a protection order,

or a petition for a protection order, to protect a victim of

domestic violence, stalking, or sexual assault, that the victim

bear the costs associated with the filing of criminal charges

against the offender, or the costs associated with the filing,

issuance, registration, or service of a warrant, protection order,

petition for a protection order, or witness subpoena, whether

issued inside or outside the State, tribal, or local jurisdiction;

or’’; and

(ii) in paragraph (2)(B), by striking ‘‘2 years’’ and

inserting ‘‘2 years after the date of the enactment

of the Violence Against Women Act of 2000’’; and

(C) by adding at the end the following:

‘‘(c) DEFINITION.—In this section, the term ‘protection order’

has the meaning given the term in section 2266 of title 18, United

States Code.’’.

(2) ELIGIBILITY FOR GRANTS TO ENCOURAGE ARREST POLICIES.—Section 2101 of part U of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is

amended—

(A) in subsection (c), by striking paragraph (4) and

inserting the following:

‘‘(4) certify that their laws, policies, and practices do not

require, in connection with the prosecution of any misdemeanor

or felony domestic violence offense, or in connection with the

filing, issuance, registration, or service of a protection order,

or a petition for a protection order, to protect a victim of

domestic violence, stalking, or sexual assault, that the victim

bear the costs associated with the filing of criminal charges

against the offender, or the costs associated with the filing,

issuance, registration, or service of a warrant, protection order,

petition for a protection order, or witness subpoena, whether

issued inside or outside the State, tribal, or local jurisdiction.’’;

and

(B) by adding at the end the following:

‘‘(d) DEFINITION.—In this section, the term ‘protection order’

has the meaning given the term in section 2266 of title 18, United

States Code.’’.

(3) APPLICATION FOR GRANTS TO ENCOURAGE ARREST POLICIES.—Section 2102(a)(1)(B) of part U of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–

1(a)(1)(B)) is amended by inserting before the semicolon the

following: ‘‘or, in the case of the condition set forth in subsection

2101(c)(4), the expiration of the 2-year period beginning on

the date the of the enactment of the Violence Against Women

Act of 2000’’.

(4) REGISTRATION FOR PROTECTION ORDERS.—Section 2265

of title 18, United States Code, is amended by adding at the

end the following:

114 STAT. 1494 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(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

42 USC 3796gg–

1.

42 USC 3796gg.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1495

(C) in subsection (d)(1), by inserting ‘‘court,’’ after ‘‘law

enforcement,’’.

(b) ELIGIBLE GRANTEES; USE OF GRANTS FOR EDUCATION.— Section 2101 of part U of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended—

(1) in subsection (a), by inserting ‘‘State and local courts

(including juvenile courts), tribal courts,’’ after ‘‘Indian tribal

governments,’’;

(2) in subsection (b)—

(A) by inserting ‘‘State and local courts (including juvenile courts),’’ after ‘‘Indian tribal governments’’;

(B) in paragraph (2), by striking ‘‘policies and’’ and

inserting ‘‘policies, educational programs, and’’;

(C) in paragraph (3), by inserting ‘‘parole and probation

officers,’’ after ‘‘prosecutors,’’; and

(D) in paragraph (4), by inserting ‘‘parole and probation

officers,’’ after ‘‘prosecutors,’’;

(3) in subsection (c), by inserting ‘‘State and local courts

(including juvenile courts),’’ after ‘‘Indian tribal governments’’;

and

(4) by adding at the end the following:

‘‘(e) ALLOTMENT FOR INDIAN TRIBES.—Not less than 5 percent

of the total amount made available for grants under this section

for each fiscal year shall be available for grants to Indian tribal

governments.’’.

SEC. 1103. REAUTHORIZATION OF STOP GRANTS.

(a) REAUTHORIZATION.—Section 1001(a) of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))

is amended by striking paragraph (18) and inserting the following:

‘‘(18) There is authorized to be appropriated to carry out part

T $185,000,000 for each of fiscal years 2001 through 2005.’’.

(b) GRANT PURPOSES.—Part T of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.)

is amended—

(1) in section 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.—

42 USC 3796gg.

114 STAT. 1496 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(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

42 USC 3796gg–

2.

42 USC 3796gg–

1.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1497

(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).’’.

42 USC 14031.

42 USC 3796gg–

3.

114 STAT. 1498 PUBLIC LAW 106–386—OCT. 28, 2000

(b) INTERSTATE STALKING.— (1) IN GENERAL.—Section 2261A of title 18, United States

Code, is amended to read as follows:

‘‘§ 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

28 USC 994 note.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1499

against, contact or communication with, or physical proximity

to, another person, or that would violate such a portion of

a protection order in the jurisdiction in which the order was

issued, and subsequently engages in such conduct, shall be

punished as provided in subsection (b).

‘‘(2) CAUSING TRAVEL OF VICTIM.—A person who causes

another person to travel in interstate or foreign commerce

or to enter or leave Indian country by force, coercion, duress,

or fraud, and in the course of, as a result of, or to facilitate

such conduct or travel engages in conduct that violates the

portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact

or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order

in the jurisdiction in which the order was issued, shall be

punished as provided in subsection (b).’’.

(d) DEFINITIONS.—Section 2266 of title 18, United States Code,

is amended to read as follows:

‘‘§ 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

114 STAT. 1500 PUBLIC LAW 106–386—OCT. 28, 2000

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

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1501

(4) in subsection (g), by striking ‘‘fiscal year 1999 and

such sums as may be necessary for each of the 4 succeeding

fiscal years’’ and inserting ‘‘each of fiscal years 2001 through

2005’’.

(b) MATCHING GRANT PROGRAM FOR SCHOOL SECURITY.—Title

I of the Omnibus Crime Control and Safe Streets Act of 1968

is amended by inserting after part Z the following new part:

‘‘PART AA—MATCHING GRANT PROGRAM FOR

SCHOOL SECURITY

‘‘SEC. 2701. 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.

42 USC 3797a.

114 STAT. 1502 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘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

42 USC 3797e.

42 USC 3797d.

42 USC 3797c.

Deadline.

42 USC 3797b.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1503

(B) by adding at the end the following:

‘‘(9) the term ‘dating violence’ means violence committed

by a person—

‘‘(A) who is or has been in a social relationship of

a romantic or intimate nature with the victim; and

‘‘(B) where the existence of such a relationship shall

be determined based on a consideration of the following

factors:

‘‘(i) the length of the relationship;

‘‘(ii) the type of relationship; and

‘‘(iii) the frequency of interaction between the persons involved in the relationship.’’.

(2) SECTION 2105.—Section 2105 of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–

4) is amended—

(A) in paragraph (1), by striking ‘‘and’’ at the end;

(B) in paragraph (2), by striking the period at the

end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(3) the term ‘dating violence’ means violence committed

by a person—

‘‘(A) who is or has been in a social relationship of

a romantic or intimate nature with the victim; and

‘‘(B) where the existence of such a relationship shall

be determined based on a consideration of the following

factors:

‘‘(i) the length of the relationship;

‘‘(ii) the type of relationship; and

‘‘(iii) the frequency of interaction between the persons involved in the relationship.’’.

(b) STOP GRANTS.—Section 2001(b) of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b))

is amended—

(1) in paragraph (1), by striking ‘‘sexual assault and

domestic violence’’ and inserting ‘‘sexual assault, domestic

violence, and dating violence’’; and

(2) in paragraph (5), by striking ‘‘sexual assault and

domestic violence’’ and inserting ‘‘sexual assault, domestic

violence, and dating violence’’.

(c) GRANTS TO ENCOURAGE ARREST POLICIES.—Section 2101(b)

of title I of the Omnibus Crime Control and Safe Streets Act

of 1968 (42 U.S.C. 3796hh(b)) is amended—

(1) in paragraph (2), by inserting ‘‘and dating violence’’

after ‘‘domestic violence’’; and

(2) in paragraph (5), by inserting ‘‘and dating violence’’

after ‘‘domestic violence’’.

(d) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT.—Section 40295(a) of the Safe Homes for Women Act of

1994 (42 U.S.C. 13971(a)) is amended—

(1) in paragraph (1), by inserting ‘‘and dating violence

(as defined in section 2003 of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg–2))’’

after ‘‘domestic violence’’; and

(2) in paragraph (2), by inserting ‘‘and dating violence

(as defined in section 2003 of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg–2))’’

after ‘‘domestic violence’’.

114 STAT. 1504 PUBLIC LAW 106–386—OCT. 28, 2000

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

42 USC 3796gg–

6.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1505

tribal domestic violence or sexual assault program or coalition,

as well as appropriate State and local law enforcement officials;

(3) any person or organization providing legal assistance

through a program funded under subsection (c) has informed

and will continue to inform State, local, or tribal domestic

violence or sexual assault programs and coalitions, as well

as appropriate State and local law enforcement officials of

their work; and

(4) the grantee’s organizational policies do not require mediation or counseling involving offenders and victims physically

together, in cases where sexual assault, domestic violence, or

child sexual abuse is an issue.

(e) EVALUATION.—The Attorney General may evaluate the

grants funded under this section through contracts or other arrangements with entities expert on domestic violence, stalking, and sexual

assault, and on evaluation research.

(f ) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There is authorized to be appropriated

to carry out this section $40,000,000 for each of fiscal years

2001 through 2005.

(2) ALLOCATION OF FUNDS.—

(A) TRIBAL PROGRAMS.—Of the amount made available

under this subsection in each fiscal year, not less than

5 percent shall be used for grants for programs that assist

victims of domestic violence, stalking, and sexual assault

on lands within the jurisdiction of an Indian tribe.

(B) VICTIMS OF SEXUAL ASSAULT.—Of the amount made

available under this subsection in each fiscal year, not

less than 25 percent shall be used for direct services,

training, and technical assistance to support projects

focused solely or primarily on providing legal assistance

to victims of sexual assault.

(3) NONSUPPLANTATION.—Amounts made available under

this section shall be used to supplement and not supplant

other Federal, State, and local funds expended to further the

purpose of this section.

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

(a) REAUTHORIZATION.—Section 310(a) of the Family Violence

Prevention and Services Act (42 U.S.C. 10409(a)) is amended to

read as follows:

‘‘(a) IN GENERAL.—There are authorized to be appropriated

to carry out this title $175,000,000 for each of fiscal years 2001

through 2005.’’.

(b) STATE MINIMUM; REALLOTMENT.—Section 304 of the Family

Violence Prevention and Services Act (42 U.S.C. 10403) is

amended—

(1) in subsection (a), by striking ‘‘for grants to States for

any fiscal year’’ and all that follows and inserting the following:

‘‘and available for grants to States under this subsection for

any fiscal year—

‘‘(1) Guam, American Samoa, the United States Virgin

Islands, and the Commonwealth of the Northern Mariana

Islands shall each be allotted not less than 1⁄8 of 1 percent

of the amounts available for grants under section 303(a) for

the fiscal year for which the allotment is made; and

114 STAT. 1506 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(2) each State shall be allotted for payment in a grant authorized under section 303(a), $600,000, with the remaining

funds to be allotted to each State in an amount that bears

the same ratio to such remaining funds as the population

of such State bears to the population of all States.’’;

(2) in subsection (c), in the first sentence, by inserting

‘‘and available’’ before ‘‘for grants’’; and

(3) by adding at the end the following:

‘‘(e) In subsection (a)(2), the term ‘‘State’’ does not include

any jurisdiction specified in subsection (a)(1).’’.

SEC. 1203. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF

DOMESTIC VIOLENCE.

Title III of the Family Violence Prevention and Services Act

(42 U.S.C. 10401 et seq.) is amended by adding at the end the

following:

‘‘SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

‘‘(a) IN GENERAL.—The Secretary shall award grants under

this section to carry out programs to provide assistance to individuals, and their dependents—

‘‘(1) who are homeless or in need of transitional housing

or other housing assistance, as a result of fleeing a situation

of domestic violence; and

‘‘(2) for whom emergency shelter services are unavailable

or insufficient.

‘‘(b) ASSISTANCE DESCRIBED.—Assistance provided under this

section may include—

‘‘(1) short-term housing assistance, including rental or utilities payments assistance and assistance with related expenses,

such as payment of security deposits and other costs incidental

to relocation to transitional housing, in cases in which assistance described in this paragraph is necessary to prevent

homelessness because an individual or dependent is fleeing

a situation of domestic violence; and

‘‘(2) support services designed to enable an individual or

dependent who is fleeing a situation of domestic violence to

locate and secure permanent housing, and to integrate the

individual or dependent into a community, such as transportation, counseling, child care services, case management,

employment counseling, and other assistance.

‘‘(c) TERM OF ASSISTANCE.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), an individual

or dependent assisted under this section may not receive assistance under this section for a total of more than 12 months.

‘‘(2) WAIVER.—The recipient of a grant under this section

may waive the restrictions of paragraph (1) for up to an additional 6-month period with respect to any individual (and

dependents of the individual) who has made a good-faith effort

to acquire permanent housing and has been unable to acquire

the housing.

‘‘(d) REPORTS.—

‘‘(1) REPORT TO SECRETARY.—

‘‘(A) IN GENERAL.—An entity that receives a grant

under this section shall annually prepare and submit to

the Secretary a report describing the number of individuals

and dependents assisted, and the types of housing assistance and support services provided, under this section.

42 USC 10419.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1507

‘‘(B) CONTENTS.—Each report shall include information

on—

‘‘(i) the purpose and amount of housing assistance

provided to each individual or dependent assisted

under this section;

‘‘(ii) the number of months each individual or

dependent received the assistance;

‘‘(iii) the number of individuals and dependents

who were eligible to receive the assistance, and to

whom the entity could not provide the assistance solely

due to a lack of available housing; and

‘‘(iv) the type of support services provided to each

individual or dependent assisted under this section.

‘‘(2) REPORT TO CONGRESS.—The Secretary shall annually

prepare and submit to the Committee on the Judiciary of the

House of Representatives and the Committee on the Judiciary

of the Senate a report that contains a compilation of the

information contained in reports submitted under paragraph

(1).

‘‘(e) EVALUATION, MONITORING, AND ADMINISTRATION.—Of the

amount appropriated under subsection (f ) for each fiscal year, not

more than 1 percent shall be used by the Secretary for evaluation,

monitoring, and administrative costs under this section.

‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $25,000,000 for fiscal

year 2001.’’.

SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

Section 316(f ) of the Family Violence Prevention and Services

Act (42 U.S.C. 10416(f )) is amended by striking paragraph (1)

and inserting the following:

‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out this section $2,000,000 for each of fiscal years

2001 through 2005.’’.

SEC. 1205. FEDERAL VICTIMS COUNSELORS.

Section 40114 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1910) is amended

by striking ‘‘(such as District of Columbia)—’’ and all that follows

and inserting ‘‘(such as District of Columbia), $1,000,000 for each

of fiscal years 2001 through 2005.’’.

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

WOMEN.

(a) IN GENERAL.—The Attorney General shall conduct a

national study to identify State laws that address discrimination

against victims of domestic violence and sexual assault related

to issuance or administration of insurance policies.

(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Attorney General shall submit to Congress

a report on the findings and recommendations of the study required

by subsection (a).

SEC. 1207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST

WOMEN.

The Attorney General shall—

42 USC 14042

note.

Deadline.

42 USC 14042

note.

114 STAT. 1508 PUBLIC LAW 106–386—OCT. 28, 2000

(1) conduct a national survey of plans, programs, and practices developed to assist employers and employees on appropriate responses in the workplace related to victims of domestic

violence, stalking, or sexual assault; and

(2) not later than 18 months after the date of the enactment

of this Act, submit to Congress a report describing the results

of that survey, which report shall include the recommendations

of the Attorney General to assist employers and employees

affected in the workplace by incidents of domestic violence,

stalking, and sexual assault.

SEC. 1208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS

OF VIOLENCE AGAINST WOMEN.

The Secretary of Labor, in consultation with the Attorney General, shall—

(1) conduct a national study to identify State laws that

address the separation from employment of an employee due

to circumstances directly resulting from the experience of

domestic violence by the employee and circumstances governing

that receipt (or nonreceipt) by the employee of unemployment

compensation based on such separation; and

(2) not later than 1 year after the date of the enactment

of this Act, submit to Congress a report describing the results

of that study, together with any recommendations based on

that study.

SEC. 1209. ENHANCING PROTECTIONS FOR OLDER AND DISABLED

WOMEN FROM DOMESTIC VIOLENCE AND SEXUAL

ASSAULT.

(a) ELDER ABUSE, NEGLECT, AND EXPLOITATION.—The Violence

Against Women Act of 1994 (108 Stat. 1902 et seq.) is amended

by adding at the end the following:

‘‘Subtitle H—Elder Abuse, Neglect, and Exploitation, Including Domestic Violence

and Sexual Assault Against Older or Disabled Individuals

‘‘SEC. 40801. DEFINITIONS.

‘‘In this subtitle:

‘‘(1) IN GENERAL.—The terms ‘elder abuse, neglect, and

exploitation’, and ‘older individual’ have the meanings given

the terms in section 102 of the Older Americans Act of 1965

(42 U.S.C. 3002).

‘‘(2) DOMESTIC VIOLENCE.—The term ‘domestic violence’ has

the meaning given such term by section 2003 of title I of

the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3796gg–2).

‘‘(3) SEXUAL ASSAULT.—The term ‘sexual assault’ has the

meaning given the term in section 2003 of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–

2).

42 USC 14041.

42 USC 14042

note.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1509

‘‘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;

42 USC 10420.

42 USC 3796hh.

42 USC 14041b.

42 USC 14041a.

114 STAT. 1510 PUBLIC LAW 106–386—OCT. 28, 2000

(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

the enactment of this Act, and not later than 180 days after

the last day of each fiscal year thereafter, the Attorney General

shall submit to Congress a report that includes information

concerning—

(A) the number of—

(i) individuals served and the number of individuals turned away from visitation programs and services

and safe visitation exchange (categorized by State);

(ii) the number of individuals from underserved

populations served and turned away from services; and

(iii) the type of problems that underlie the need

for supervised visitation or safe visitation exchange,

such as domestic violence, child abuse, sexual assault,

other physical abuse, or a combination of such factors;

(B) the numbers of supervised visitations or safe visitation exchanges ordered under this section during custody

determinations under a separation or divorce decree or

protection order, through child protection services or other

social services agencies, or by any other order of a civil,

criminal, juvenile, or family court;

(C) the process by which children or abused partners

are protected during visitations, temporary custody transfers, and other activities for which supervised visitation

is established under this section;

Deadline.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1511

(D) safety and security problems occurring during the

reporting period during supervised visitation under this

section, including the number of parental abduction cases;

and

(E) the number of parental abduction cases in a judicial

district using supervised visitation programs and services

under this section, both as identified in criminal prosecution and custody violations.

(2) GUIDELINES.—The Attorney General shall establish

guidelines for the collection and reporting of data under this

subsection.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $15,000,000 for each

of fiscal years 2001 and 2002.

(f ) ALLOTMENT FOR INDIAN TRIBES.—Not less than 5 percent

of the total amount made available for each fiscal year to carry

out this section shall be available for grants to Indian tribal governments.

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

(a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.—Section

218 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014)

is amended by striking subsection (a) and inserting the following:

‘‘(a) AUTHORIZATION.—There is authorized to be appropriated

to carry out this subtitle $12,000,000 for each of fiscal years 2001

through 2005.’’.

(b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL

AND PRACTITIONERS.—Section 224 of the Victims of Child Abuse

Act of 1990 (42 U.S.C. 13024) is amended by striking subsection

(a) and inserting the following:

‘‘(a) AUTHORIZATION.—There is authorized to be appropriated

to carry out this subtitle $2,300,000 for each of fiscal years 2001

through 2005.’’.

(c) GRANTS FOR TELEVISED TESTIMONY.—Section 1001(a) of title

I of the Omnibus Crime Control and Safe Streets Act of 1968

(42 U.S.C. 3793(a)) is amended by striking paragraph (7) and

inserting the following:

‘‘(7) There is authorized to be appropriated to carry out part

N $1,000,000 for each of fiscal years 2001 through 2005.’’.

(d) DISSEMINATION OF INFORMATION.—The Attorney General

shall—

(1) annually compile and disseminate information

(including through electronic publication) about the use of

amounts expended and the projects funded under section 218(a)

of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)),

section 224(a) of the Victims of Child Abuse Act of 1990 (42

U.S.C. 13024(a)), and section 1007(a)(7) of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3793(a)(7)), including any evaluations of the projects and

information to enable replication and adoption of the strategies

identified in the projects; and

(2) focus dissemination of the information described in

paragraph (1) toward community-based programs, including

domestic violence and sexual assault programs.

42 USC 3793

note.

114 STAT. 1512 PUBLIC LAW 106–386—OCT. 28, 2000

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;

42 USC 280b–1c.

28 USC 1738A

note.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1513

‘‘(6) education to increase awareness about drugs used to

facilitate rapes or sexual assaults; and

‘‘(7) other efforts to increase awareness of the facts about,

or to help prevent, sexual assault, including efforts to increase

awareness in underserved communities and awareness among

individuals with disabilities (as defined in section 3 of the

Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).

‘‘(b) COLLECTION AND DISSEMINATION OF INFORMATION ON

SEXUAL ASSAULT.—The Secretary shall, through the National

Resource Center on Sexual Assault established under the National

Center for Injury Prevention and Control at the Centers for Disease

Control and Prevention, provide resource information, policy,

training, and technical assistance to Federal, State, local, and

Indian tribal agencies, as well as to State sexual assault coalitions

and local sexual assault programs and to other professionals and

interested parties on issues relating to sexual assault, including

maintenance of a central resource library in order to collect, prepare,

analyze, and disseminate information and statistics and analyses

thereof relating to the incidence and prevention of sexual assault.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There is authorized to be appropriated

to carry out this section $80,000,000 for each of fiscal years

2001 through 2005.

‘‘(2) NATIONAL RESOURCE CENTER ALLOTMENT.—Of the total

amount made available under this subsection in each fiscal

year, not more than the greater of $1,000,000 or 2 percent

of such amount shall be available for allotment under subsection (b).

‘‘(d) LIMITATIONS.—

‘‘(1) SUPPLEMENT NOT SUPPLANT.—Amounts provided to

States under this section shall be used to supplement and

not supplant other Federal, State, and local public funds

expended to provide services of the type described in subsection

(a).

‘‘(2) STUDIES.—A State may not use more than 2 percent

of the amount received by the State under this section for

each fiscal year for surveillance studies or prevalence studies.

‘‘(3) ADMINISTRATION.—A State may not use more than

5 percent of the amount received by the State under this

section for each fiscal year for administrative expenses.’’.

(b) REPEAL.—Section 40151 of the Violence Against Women

Act of 1994 (108 Stat. 1920), 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)).

42 USC 3796gg–

7.

42 USC 300w–10.

114 STAT. 1514 PUBLIC LAW 106–386—OCT. 28, 2000

(b) PRIORITIES.—In awarding grants under this section, the

Attorney General shall give priority to applications designed to

provide education and technical assistance on—

(1) the nature, definition, and characteristics of domestic

violence, stalking, and sexual assault experienced by women

who are individuals with disabilities;

(2) outreach activities to ensure that women who are

individuals with disabilities who are victims of domestic

violence, stalking, and sexual assault receive appropriate assistance;

(3) the requirements of shelters and victim services

organizations under Federal anti-discrimination laws, including

the Americans with Disabilities Act of 1990 and section 504

of the Rehabilitation Act of 1973; and

(4) cost-effective ways that shelters and victim services

may accommodate the needs of individuals with disabilities

in accordance with the Americans with Disabilities Act of 1990.

(c) USES OF GRANTS.—Each recipient of a grant under this

section shall provide information and training to organizations and

programs that provide services to individuals with disabilities,

including independent living centers, disability-related service

organizations, and domestic violence programs providing shelter

or related assistance.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $7,500,000 for each

of fiscal years 2001 through 2005.

SEC. 1403. COMMUNITY INITIATIVES.

Section 318 of the Family Violence Prevention and Services

Act (42 U.S.C. 10418) is amended by striking subsection (h) and

inserting the following:

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $6,000,000 for each

of fiscal years 2001 through 2005.’’.

SEC. 1404. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE

VIOLENCE AGAINST WOMEN ACT OF 1994.

(a) IN GENERAL.—The Attorney General shall—

(1) direct the National Institute of Justice, in consultation

and coordination with the Bureau of Justice Statistics and

the National Academy of Sciences, through its National

Research Council, to develop a research agenda based on the

recommendations contained in the report entitled ‘‘Understanding Violence Against Women’’ of the National Academy

of Sciences; and

(2) not later than 1 year after the date of the enactment

of this Act, in consultation with the Secretary of the Department of Health and Human Services, submit to Congress a

report which shall include—

(A) a description of the research agenda developed

under paragraph (1) and a plan to implement that agenda;

and

(B) recommendations for priorities in carrying out that

agenda to most effectively advance knowledge about and

means by which to prevent or reduce violence against

women.

Deadline.

42 USC 13961

note.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1515

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

this section.

SEC. 1405. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL

ASSAULT FORENSIC EXAMINATIONS.

(a) IN GENERAL.—The Attorney General shall—

(1) evaluate existing standards of training and practice

for licensed health care professionals performing sexual assault

forensic examinations and develop a national recommended

standard for training;

(2) recommend sexual assault forensic examination training

for all health care students to improve the recognition of

injuries suggestive of rape and sexual assault and baseline

knowledge of appropriate referrals in victim treatment and

evidence collection; and

(3) review existing national, State, tribal, and local protocols on sexual assault forensic examinations, and based on

this review, develop a recommended national protocol and

establish a mechanism for its nationwide dissemination.

(b) CONSULTATION.—The Attorney General shall consult with

national, State, tribal, and local experts in the area of rape and

sexual assault, including rape crisis centers, State and tribal sexual

assault and domestic violence coalitions and programs, and programs for criminal justice, forensic nursing, forensic science, emergency room medicine, law, social services, and sex crimes in underserved communities (as defined in section 2003(7) of title I of

the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3796gg–2(7)), as amended by this division).

(c) REPORT.—The Attorney General shall ensure that not later

than 1 year after the date of the enactment of this Act, a report

of the actions taken pursuant to subsection (a) is submitted to

Congress.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $200,000 for fiscal

year 2001.

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

(a) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND

COURT PERSONNEL IN STATE COURTS.— (1) SECTION 40412.—Section 40412 of the Equal Justice

for Women in the Courts Act of 1994 (42 U.S.C. 13992) is

amended—

(A) by striking ‘‘and’’ at the end of paragraph (18);

(B) by striking the period at the end of paragraph

(19) and inserting a semicolon; and

(C) by inserting after paragraph (19) the following:

‘‘(20) the issues raised by domestic violence in determining

custody and visitation, including how to protect the safety

of the child and of a parent who is not a predominant aggressor

of domestic violence, the legitimate reasons parents may report

domestic violence, the ways domestic violence may relate to

an abuser’s desire to seek custody, and evaluating expert testimony in custody and visitation determinations involving

domestic violence;

‘‘(21) the issues raised by child sexual assault in determining custody and visitation, including how to protect the

42 USC 3796gg

note.

114 STAT. 1516 PUBLIC LAW 106–386—OCT. 28, 2000

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.—

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1517

(1) SECTION 40411.—Section 40411 of the Equal Justice

for Women in Courts Act of 1994 (42 U.S.C 13991) is amended

by inserting ‘‘dating violence,’’ after ‘‘domestic violence,’’.

(2) SECTION 40412.—Section 40412 of such Act (42 U.S.C

13992) is amended—

(A) in paragraph (10), by inserting ‘‘and dating violence

(as defined in section 2003 of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg–

2))’’ before the semicolon;

(B) in paragraph (11), by inserting ‘‘and dating

violence’’ after ‘‘domestic violence’’;

(C) in paragraph (13), by inserting ‘‘and dating

violence’’ after ‘‘domestic violence’’ in both places that it

appears;

(D) in paragraph (17), by inserting ‘‘or dating violence’’

after ‘‘domestic violence’’ in both places that it appears;

and

(E) in paragraph (18), by inserting ‘‘and dating

violence’’ after ‘‘domestic violence’’.

SEC. 1407. DOMESTIC VIOLENCE TASK FORCE

The Violence Against Women Act of 1994 (108 Stat. 1902 et

seq.) (as amended by section 1209(a) of this division) is amended

by adding at the end the following:

‘‘Subtitle I—Domestic Violence Task Force

‘‘SEC. 40901. 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.’’.

42 USC 14042.

114 STAT. 1518 PUBLIC LAW 106–386—OCT. 28, 2000

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:

8 USC 1101 note.

8 USC 1101 note.

Battered

Immigrant

Women

Protection Act of

2000.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1519

‘‘(iii)(I) An alien who is described in subclause (II) may file

a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if the alien demonstrates

to the Attorney General that—

‘‘(aa) the marriage or the intent to marry the United States

citizen was entered into in good faith by the alien; and

‘‘(bb) during the marriage or relationship intended by the

alien to be legally a marriage, the alien or a child of the

alien has been battered or has been the subject of extreme

cruelty perpetrated by the alien’s spouse or intended spouse.

‘‘(II) For purposes of subclause (I), an alien described in this

subclause is an alien—

‘‘(aa)(AA) who is the spouse of a citizen of the United

States;

‘‘(BB) who believed that he or she had married a citizen

of the United States and with whom a marriage ceremony

was actually performed and who otherwise meets any applicable

requirements under this Act to establish the existence of and

bona fides of a marriage, but whose marriage is not legitimate

solely because of the bigamy of such citizen of the United

States; or

‘‘(CC) who was a bona fide spouse of a United States

citizen within the past 2 years and—

‘‘(aaa) whose spouse died within the past 2 years;

‘‘(bbb) whose spouse lost or renounced citizenship

status within the past 2 years related to an incident of

domestic violence; or

‘‘(ccc) who demonstrates a connection between the legal

termination of the marriage within the past 2 years and

battering or extreme cruelty by the United States citizen

spouse;

‘‘(bb) who is a person of good moral character;

‘‘(cc) who is eligible to be classified as an immediate relative

under section 201(b)(2)(A)(i) or who would have been so classified but for the bigamy of the citizen of the United States

that the alien intended to marry; and

‘‘(dd) who has resided with the alien’s spouse or intended

spouse.’’.

(2) SELF-PETITIONING CHILDREN.—Section 204(a)(1)(A)(iv) of

the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv))

is amended to read as follows:

‘‘(iv) An alien who is the child of a citizen of the United

States, or who was a child of a United States citizen parent who

within the past 2 years lost or renounced citizenship status related

to an incident of domestic violence, and who is a person of good

moral character, who is eligible to be classified as an immediate

relative under section 201(b)(2)(A)(i), and who resides, or has

resided in the past, with the citizen parent may file a petition

with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section

if the alien demonstrates to the Attorney General that the alien

has been battered by or has been the subject of extreme cruelty

perpetrated by the alien’s citizen parent. For purposes of this clause,

residence includes any period of visitation.’’.

(3) FILING OF PETITIONS.—Section 204(a)(1)(A) of the

Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is

amended by adding at the end the following:

114 STAT. 1520 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(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.’’.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1521

(2) SELF-PETITIONING CHILDREN.—Section 204(a)(1)(B)(iii)

of the Immigration and Nationality Act (8 U.S.C.

1154(a)(1)(B)(iii)) is amended to read as follows:

‘‘(iii) An alien who is the child of an alien lawfully admitted

for permanent residence, or who was the child of a lawful permanent

resident who within the past 2 years lost lawful permanent resident

status due to an incident of domestic violence, and who is a person

of good moral character, who is eligible for classification under

section 203(a)(2)(A), and who resides, or has resided in the past,

with the alien’s permanent resident alien parent may file a petition

with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section

if the alien demonstrates to the Attorney General that the alien

has been battered by or has been the subject of extreme cruelty

perpetrated by the alien’s permanent resident parent.’’.

(3) FILING OF PETITIONS.—Section 204(a)(1)(B) of the

Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is

amended by adding at the end the following:

‘‘(iv) An alien who—

‘‘(I) is the spouse, intended spouse, or child living abroad

of a lawful permanent resident who—

‘‘(aa) is an employee of the United States Government;

‘‘(bb) is a member of the uniformed services (as defined

in section 101(a) of title 10, United States Code); or

‘‘(cc) has subjected the alien or the alien’s child to

battery or extreme cruelty in the United States; and

‘‘(II) is eligible to file a petition under clause (ii) or (iii),

shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (ii) or (iii), as

applicable.’’.

(d) GOOD MORAL CHARACTER DETERMINATIONS FOR SELF-PETITIONERS AND TREATMENT OF CHILD SELF-PETITIONERS AND PETITIONS INCLUDING DERIVATIVE CHILDREN ATTAINING 21 YEARS OF

AGE.—Section 204(a)(1) of the Immigration and Nationality Act

(8 U.S.C. 1154(a)(1)) is amended—

(1) by redesignating subparagraphs (C) through (H) as

subparagraphs (E) through (J), respectively;

(2) by inserting after subparagraph (B) the following:

‘‘(C) Notwithstanding section 101(f ), an act or conviction that

is waivable with respect to the petitioner for purposes of a determination of the petitioner’s admissibility under section 212(a) or

deportability under section 237(a) shall not bar the Attorney General from finding the petitioner to be of good moral character

under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney

General finds that the act or conviction was connected to the alien’s

having been battered or subjected to extreme cruelty.

‘‘(D)(i)(I) Any child who attains 21 years of age who has filed

a petition under clause (iv) of section 204(a)(1)(A) that was filed

or approved before the date on which the child attained 21 years

of age shall be considered (if the child has not been admitted

or approved for lawful permanent residence by the date the child

attained 21 years of age) a petitioner for preference status under

paragraph (1), (2), or (3) of section 203(a), whichever paragraph

is applicable, with the same priority date assigned to the selfpetition filed under clause (iv) of section 204(a)(1)(A). No new petition shall be required to be filed.

114 STAT. 1522 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(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

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1523

child of an alien who is or was a lawful permanent

resident and the child has been battered or subjected

to extreme cruelty by such permanent resident parent);

or

‘‘(III) the alien has been battered or subjected to

extreme cruelty by a United States citizen or lawful

permanent resident whom the alien intended to marry,

but whose marriage is not legitimate because of that

United States citizen’s or lawful permanent resident’s

bigamy;

‘‘(ii) the alien has been physically present in the

United States for a continuous period of not less than

3 years immediately preceding the date of such application, and the issuance of a charging document for

removal proceedings shall not toll the 3-year period

of continuous physical presence in the United States;

‘‘(iii) the alien has been a person of good moral

character during such period, subject to the provisions

of subparagraph (C);

‘‘(iv) the alien is not inadmissible under paragraph

(2) or (3) of section 212(a), is not deportable under

paragraphs (1)(G) or (2) through (4) of section 237(a)

(except in a case described in section 237(a)(7) where

the Attorney General exercises discretion to grant a

waiver), and has not been convicted of an aggravated

felony; and

‘‘(v) the removal would result in extreme hardship

to the alien, the alien’s child, or the alien’s parent.

‘‘(B) PHYSICAL PRESENCE.—Notwithstanding subsection

(d)(2), for purposes of subparagraph (A)(i)(II) or for purposes of section 244(a)(3) (as in effect before the title III–

A effective date in section 309 of the Illegal Immigration

Reform and Immigrant Responsibility Act of 1996), an alien

shall not be considered to have failed to maintain continuous physical presence by reason of an absence if the

alien demonstrates a connection between the absence and

the battering or extreme cruelty perpetrated against the

alien. No absence or portion of an absence connected to

the battering or extreme cruelty shall count toward the

90-day or 180-day limits established in subsection (d)(2).

If any absence or aggregate absences exceed 180 days,

the absences or portions of the absences will not be considered to break the period of continuous presence. Any such

period of time excluded from the 180-day limit shall be

excluded in computing the time during which the alien

has been physically present for purposes of the 3-year

requirement set forth in section 240A(b)(2)(B) and section

244(a)(3) (as in effect before the title III–A effective date

in section 309 of the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996).

‘‘(C) GOOD MORAL CHARACTER.—Notwithstanding section 101(f ), an act or conviction that does not bar the

Attorney General from granting relief under this paragraph

by reason of subparagraph (A)(iv) shall not bar the Attorney

General from finding the alien to be of good moral character

under subparagraph (A)(i)(III) or section 244(a)(3) (as in

effect before the title III–A effective date in section 309

114 STAT. 1524 PUBLIC LAW 106–386—OCT. 28, 2000

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

8 USC 1229b

note.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1525

Immigrant Responsibility Act of 1996) shall take effect as if included

in subtitle G of title IV of the Violent Crime Control and Law

Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1953

et seq.).

SEC. 1505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS

OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR

ALL QUALIFIED BATTERED IMMIGRANT SELF-PETITIONERS.

(a) BATTERED IMMIGRANT WAIVER.—Section 212(a)(9)(C)(ii) of

the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii))

is amended by adding at the end the following: ‘‘The Attorney

General in the Attorney General’s discretion may waive the provisions of section 212(a)(9)(C)(i) in the case of an alien to whom

the Attorney General has granted classification under clause (iii),

(iv), or (v) of section 204(a)(1)(A), or classification under clause

(ii), (iii), or (iv) of section 204(a)(1)(B), in any case in which there

is a connection between—

‘‘(1) the alien’s having been battered or subjected to extreme

cruelty; and

‘‘(2) the alien’s—

‘‘(A) removal;

‘‘(B) departure from the United States;

‘‘(C) reentry or reentries into the United States; or

‘‘(D) attempted reentry into the United States.’’.

(b) DOMESTIC VIOLENCE VICTIM WAIVER.—

(1) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.—Section

237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a))

is amended by inserting at the end the following:

‘‘(7) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.—

‘‘(A) IN GENERAL.—The Attorney General is not limited

by the criminal court record and may waive the application

of paragraph (2)(E)(i) (with respect to crimes of domestic

violence and crimes of stalking) and (ii) in the case of

an alien who has been battered or subjected to extreme

cruelty and who is not and was not the primary perpetrator

of violence in the relationship—

‘‘(i) upon a determination that—

‘‘(I) the alien was acting is self-defense;

‘‘(II) the alien was found to have violated a

protection order intended to protect the alien; or

‘‘(III) the alien committed, was arrested for,

was convicted of, or pled guilty to committing a

crime—

‘‘(aa) that did not result in serious bodily

injury; and

‘‘(bb) where there was a connection

between the crime and the alien’s having been

battered or subjected to extreme cruelty.

‘‘(B) CREDIBLE EVIDENCE CONSIDERED.—In acting on

applications under this paragraph, the Attorney General

shall consider any credible evidence relevant to the application. The determination of what evidence is credible and

the weight to be given that evidence shall be within the

sole discretion of the Attorney General.’’.

(2) CONFORMING AMENDMENT.—Section 240A(b)(1)(C) of the

Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is

114 STAT. 1526 PUBLIC LAW 106–386—OCT. 28, 2000

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 the

enactment of this Act, the Attorney General shall submit a report

to the Committees on the Judiciary of the Senate and the House

of Representatives covering, with respect to fiscal year 1997 and

each fiscal year thereafter—

(1) the policy and procedures of the Immigration and Naturalization Service under which an alien who has been battered

Deadline.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1527

or subjected to extreme cruelty who is eligible for suspension

of deportation or cancellation of removal can request to be

placed, and be placed, in deportation or removal proceedings

so that such alien may apply for suspension of deportation

or cancellation of removal;

(2) the number of requests filed at each district office

under this policy;

(3) the number of these requests granted reported separately for each district; and

(4) the average length of time at each Immigration and

Naturalization office between the date that an alien who has

been subject to battering or extreme cruelty eligible for suspension of deportation or cancellation of removal requests to be

placed in deportation or removal proceedings and the date

that the immigrant appears before an immigration judge to

file an application for suspension of deportation or cancellation

of removal.

SEC. 1506. RESTORING IMMIGRATION PROTECTIONS UNDER THE

VIOLENCE AGAINST WOMEN ACT OF 1994.

(a) REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VICTIMS OF DOMESTIC VIOLENCE.—

(1) IMMIGRATION AMENDMENTS.—Section 245 of the

Immigration and Nationality Act (8 U.S.C. 1255) is amended—

(A) in subsection (a), by inserting ‘‘or the status of

any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii)

of section 204(a)(1) or’’ after ‘‘into the United States.’’;

and

(B) in subsection (c), by striking ‘‘Subsection (a) shall

not be applicable to’’ and inserting the following: ‘‘Other

than an alien having an approved petition for classification

under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii),

(B)(iii), or (B)(iv) of section 204(a)(1), subsection (a) shall

not be applicable to’’.

(2) EFFECTIVE DATE.—The 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—

8 USC 1229b

note.

8 USC 1255 note.

114 STAT. 1528 PUBLIC LAW 106–386—OCT. 28, 2000

(A) by striking the subparagraph heading and inserting

the following:

‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEM- PORARY 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 selfpetition 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

8 USC 1229a

note.

8 USC 1229a

note.

8 USC 1101 note.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1529

309 of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (8 U.S.C. 1101 note)), there

is no time limit on the filing of a motion to reopen such

proceedings, and the deadline specified in section 242B(c)(3)

of the Immigration and Nationality Act (as so in effect)

(8 U.S.C. 1252b(c)(3)) does not apply—

(i) if the basis of the motion is to apply for relief

under clause (iii) or (iv) of section 204(a)(1)(A) of the

Immigration and Nationality Act (8 U.S.C.

1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B)

of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3)

of such Act (as so in effect) (8 U.S.C. 1254(a)(3)); and

(ii) if the motion is accompanied by a suspension

of deportation application to be filed with the Attorney

General or by a copy of the self-petition that will

be filed with the Immigration and Naturalization

Service upon the granting of the motion to reopen.

(B) APPLICABILITY.—Subparagraph (A) shall apply to

motions filed by aliens who—

(i) are, or were, in deportation proceedings under

the Immigration and Nationality Act (as in effect before

the title III–A effective date in section 309 of the

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)); and

(ii) have become eligible to apply for relief under

clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause

(ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C.

1154(a)(1)(B)), or section 244(a)(3) of such Act (as in

effect before the title III–A effective date in section

309 of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (8 U.S.C. 1101 note)) as

a result of the amendments made by—

(I) subtitle G of title IV of the Violent Crime

Control and Law Enforcement Act of 1994 (Public

Law 103–322; 108 Stat. 1953 et seq.); or

(II) this title.

SEC. 1507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE

IMMIGRATION PROVISIONS OF THE VIOLENCE AGAINST

WOMEN ACT OF 1994.

(a) EFFECT OF CHANGES IN ABUSERS’ CITIZENSHIP STATUS ON

SELF-PETITION.—

(1) RECLASSIFICATION.—Section 204(a)(1)(A) of the

Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as

amended by section 1503(b)(3) of this title) is amended by

adding at the end the following:

‘‘(vi) For the purposes of any petition filed under clause (iii)

or (iv), the denaturalization, loss or renunciation of citizenship,

death of the abuser, divorce, or changes to the abuser’s citizenship

status after filing of the petition shall not adversely affect the

approval of the petition, and for approved petitions shall not preclude the classification of the eligible self-petitioning spouse or

child as an immediate relative or affect the alien’s ability to adjust

status under subsections (a) and (c) of section 245 or obtain status

as a lawful permanent resident based on the approved self-petition

under such clauses.’’.

114 STAT. 1530 PUBLIC LAW 106–386—OCT. 28, 2000

(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 selfpetition 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

8 USC 1151.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1531

applications under this section with respect to spouses or children

who have been battered or subjected to extreme cruelty, the

Attorney General shall apply the provisions of section 204(a)(1)(H).’’.

(b) EFFECTIVE DATE.—The 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)—

8 USC 1255 note.

114 STAT. 1532 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(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).’’.

8 USC 1255 note.

8 USC 1101 note.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1533

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall be effective as if included in the Haitian Refugee Immigration

Fairness Act of 1998 (division A of section 101(h) of Public Law

105–277; 112 Stat. 2681–538).

SEC. 1512. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR

BATTERED IMMIGRANTS.

(a) LAW ENFORCEMENT AND PROSECUTION GRANTS.—Section

2001(b) of part T of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) (as amended by

section 1209(c) of this division) is amended by adding at the end

the following:

‘‘(11) providing assistance to victims of domestic violence

and sexual assault in immigration matters.’’.

(b) GRANTS TO ENCOURAGE ARRESTS.—Section 2101(b)(5) of

part U of title I of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796hh(b)(5)) is amended by inserting before

the period the following: ‘‘, including strengthening assistance to

such victims in immigration matters’’.

(c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCE- MENT 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

8 USC 1101 note.

114 STAT. 1534 PUBLIC LAW 106–386—OCT. 28, 2000

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

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1535

assistance of the spouse, the child, or, in the case of an

alien child, the parent of the alien; and

‘‘(iii) the criminal activity referred to in this clause

is that involving one or more of the following or any similar

activity in violation of Federal, State, or local criminal

law: rape; torture; trafficking; incest; domestic violence;

sexual assault; abusive sexual contact; prostitution; sexual

exploitation; female genital mutilation; being held hostage;

peonage; involuntary servitude; slave trade; kidnapping;

abduction; unlawful criminal restraint; false imprisonment;

blackmail; extortion; manslaughter; murder; felonious

assault; witness tampering; obstruction of justice; perjury;

or attempt, conspiracy, or solicitation to commit any of

the above mentioned crimes.’’.

(c) CONDITIONS FOR ADMISSION AND DUTIES OF THE ATTORNEY

GENERAL.—Section 214 of such Act (8 U.S.C. 1184) (as amended

by section 107 of this Act) is amended by adding at the end the

following new subsection:

‘‘(o) REQUIREMENTS APPLICABLE TO SECTION 101(a)(15)(U)

VISAS.—

‘‘(1) PETITIONING PROCEDURES FOR SECTION 101(a)(15)(U)

VISAS.—The petition filed by an alien under section

101(a)(15)(U)(i) shall contain a certification from a Federal,

State, or local law enforcement official, prosecutor, judge, or

other Federal, State, or local authority investigating criminal

activity described in section 101(a)(15)(U)(iii). This certification

may also be provided by an official of the Service whose ability

to provide such certification is not limited to information concerning immigration violations. This certification shall state

that the alien ‘‘has been helpful, is being helpful, or is likely

to be helpful’’ in the investigation or prosecution of criminal

activity described in section 101(a)(15)(U)(iii).

‘‘(2) NUMERICAL LIMITATIONS.—

‘‘(A) The number of aliens who may be issued visas

or otherwise provided status as nonimmigrants under section 101(a)(15)(U) in any fiscal year shall not exceed 10,000.

‘‘(B) The numerical limitations in subparagraph (A)

shall only apply to principal aliens described in section

101(a)(15)(U)(i), and not to spouses, children, or, in the

case of alien children, the alien parents of such children.

‘‘(3) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO

‘U’ VISA NONIMMIGRANTS.—With respect to nonimmigrant aliens

described in subsection (a)(15)(U)—

‘‘(A) the Attorney General and other government officials, where appropriate, shall provide those aliens with

referrals to nongovernmental organizations to advise the

aliens regarding their options while in the United States

and the resources available to them; and

‘‘(B) the Attorney General shall, during the period those

aliens are in lawful temporary resident status under that

subsection, provide the aliens with employment authorization.

‘‘(4) CREDIBLE EVIDENCE CONSIDERED.—In acting on any

petition filed under this subsection, the consular officer or

the Attorney General, as appropriate, shall consider any credible evidence relevant to the petition.

114 STAT. 1536 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(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.

8 USC 1367.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1537

‘‘(3) Upon approval of adjustment of status under paragraph

(1) of an alien described in section 101(a)(15)(U)(i) the Attorney

General may adjust the status of or issue an immigrant visa to

a spouse, a child, or, in the case of an alien child, a parent who

did not receive a nonimmigrant visa under section 101(a)(15)(U)(ii)

if the Attorney General considers the grant of such status or visa

necessary to avoid extreme hardship.

‘‘(4) Upon the approval of adjustment of status under paragraph

(1) or (3), the Attorney General shall record the alien’s lawful

admission for permanent residence as of the date of such approval.’’.

TITLE VI—MISCELLANEOUS

SEC. 1601. NOTICE REQUIREMENTS FOR SEXUALLY VIOLENT

OFFENDERS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Campus

Sex Crimes Prevention Act’’.

(b) NOTICE WITH RESPECT TO INSTITUTIONS OF HIGHER EDUCATION.—

(1) IN GENERAL.—Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is

amended by adding at the end the following:

‘‘( j) NOTICE OF ENROLLMENT AT OR EMPLOYMENT BY INSTITUTIONS OF HIGHER EDUCATION.—

‘‘(1) NOTICE BY OFFENDERS.—

‘‘(A) IN GENERAL.—In addition to any other requirements of this section, any person who is required to register

in a State shall provide notice as required under State

law—

‘‘(i) of each institution of higher education in that

State at which the person is employed, carries on a

vocation, or is a student; and

‘‘(ii) of each change in enrollment or employment

status of such person at an institution of higher education in that State.

‘‘(B) CHANGE IN STATUS.—A change in status under

subparagraph (A)(ii) shall be reported by the person in

the manner provided by State law. State procedures shall

ensure that the updated information is promptly made

available to a law enforcement agency having jurisdiction

where such institution is located and entered into the

appropriate State records or data system.

‘‘(2) STATE REPORTING.—State procedures shall ensure that

the registration information collected under paragraph (1)—

‘‘(A) is promptly made available to a law enforcement

agency having jurisdiction where such institution is located;

and

‘‘(B) entered into the appropriate State records or data

system.

‘‘(3) REQUEST.—Nothing in this subsection shall require

an educational institution to request such information from

any State.’’.

(2) EFFECTIVE DATE.—The amendment made by this subsection shall take effect 2 years after the date of the enactment

of this Act.

(c) DISCLOSURES BY INSTITUTIONS OF HIGHER EDUCATION.—

42 USC 14071

note.

20 USC 1001

note.

Campus Sex

Crimes

Prevention Act.

114 STAT. 1538 PUBLIC LAW 106–386—OCT. 28, 2000

(1) IN GENERAL.—Section 485(f )(1) of the Higher Education

Act of 1965 (20 U.S.C. 1092(f )(1)) is amended by adding at

the end the following:

‘‘(I) A statement advising the campus community where

law enforcement agency information provided by a State under

section 170101( j) of the Violent Crime Control and Law

Enforcement Act of 1994 (42 U.S.C. 14071( j)), concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency

with jurisdiction for the campus, or a computer network

address.’’.

(2) EFFECTIVE DATE.—The amendment made by this subsection shall take effect 2 years after the date of the enactment

of this Act.

(d) AMENDMENT TO FAMILY EDUCATIONAL RIGHTS AND PRIVACY

ACT OF 1974.—Section 444(b) of the General Education Provisions

Act (20 U.S.C. 1232g(b)), also known as the Family Educational

Rights and Privacy Act of 1974, is amended by adding at the

end the following:

‘‘(7)(A) Nothing in this section may be construed to prohibit

an educational institution from disclosing information provided

to the institution under section 170101 of the Violent Crime

Control and Law Enforcement Act of 1994 (42 U.S.C. 14071)

concerning registered sex offenders who are required to register

under such section.

‘‘(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

Teen Suicide

Prevention Act of

2000.

42 USC 290bb–

36 note.

20 USC 1092

note.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1539

(E) include a nationwide effort to develop, implement,

and evaluate a mental health awareness program for

schools, communities, and families;

(3) although numerous symptoms, diagnoses, traits,

characteristics, and psychosocial stressors of suicide have been

investigated, no single factor or set of factors has ever come

close to predicting suicide with accuracy;

(4) research of United States youth, such as a 1994 study

by Lewinsohn, Rohde, and Seeley, has shown predictors of

suicide, such as a history of suicide attempts, current suicidal

ideation and depression, a recent attempt or completed suicide

by a friend, and low self-esteem; and

(5) epidemiological data illustrate—

(A) the trend of suicide at younger ages as well as

increases in suicidal ideation among youth in the United

States; and

(B) distinct differences in approaches to suicide by

gender, with—

(i) 3 to 5 times as many females as males

attempting suicide; and

(ii) 3 to 5 times as many males as females completing suicide.

(c) PURPOSE.—The purpose of this section is to provide for

a study of predictors of suicide among at-risk and other youth,

and barriers that prevent the youth from receiving treatment, to

facilitate the development of model treatment programs and public

education and awareness efforts.

(d) STUDY.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services

shall carry out, directly or by grant or contract, a study that

is designed to identify—

(1) the characteristics of at-risk and other youth age 13

through 21 who are contemplating suicide;

(2) the characteristics of at-risk and other youth who are

younger than age 13 and are contemplating suicide; and

(3) the barriers that prevent youth described in paragraphs

(1) and (2) from receiving treatment.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary.

SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH.

The calendar decade beginning January 1, 2001, is designated

as the ‘‘Decade of Pain Control and Research’’.

DIVISION C—MISCELLANEOUS

PROVISIONS

SEC. 2001. 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

Aimee’s Law.

42 USC 13713.

114 STAT. 1540 PUBLIC LAW 106–386—OCT. 28, 2000

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.—

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1541

(1) IN GENERAL.—Any amount transferred under subsection

(c) shall be derived by reducing the amount of Federal law

enforcement assistance funds received by the State that convicted such individual of the prior offense before the distribution

of the funds to the State. The Attorney General shall provide

the State with an opportunity to select the specific Federal

law enforcement assistance funds to be so reduced (other than

Federal crime victim assistance funds).

(2) PAYMENT SCHEDULE.—The Attorney General, in consultation with the chief executive of the State that convicted

such individual of the prior offense, shall establish a payment

schedule.

(f ) CONSTRUCTION.—Nothing in this section may be construed

to diminish or otherwise affect any court ordered restitution.

(g) EXCEPTION.—This section does not apply if the individual

convicted of murder, rape, or a dangerous sexual offense has been

released from prison upon the reversal of a conviction for an offense

described in subsection (c) and subsequently been convicted for

an offense described in subsection (c).

(h) REPORT.—The Attorney General shall—

(1) conduct a study evaluating the implementation of this

section; and

(2) not later than October 1, 2006, submit to Congress

a report on the results of that study.

(i) COLLECTION OF RECIDIVISM DATA.—

(1) IN GENERAL.—Beginning with calendar year 2002, and

each calendar year thereafter, the Attorney General shall collect

and maintain information relating to, with respect to each

State—

(A) the number of convictions during that calendar

year for—

(i) any dangerous sexual offense;

(ii) rape; and

(iii) murder; and

(B) the number of convictions described in subparagraph (A) that constitute second or subsequent convictions

of the defendant of an offense described in that subparagraph.

(2) REPORT.—Not 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—

Deadline.

114 STAT. 1542 PUBLIC LAW 106–386—OCT. 28, 2000

(A) 110 percent of compensatory damages awarded by

judgment of a court on a claim or claims brought by the

person under section 1605(a)(7) of title 28, United States

Code, plus amounts necessary to pay post-judgment

interest under section 1961 of such title, and, in the case

of a claim or claims against Cuba, amounts awarded as

sanctions by judicial order on April 18, 2000 (as corrected

on June 2, 2000), subject to final appellate review of that

order; or

(B) 100 percent of the compensatory damages awarded

by judgment of a court on a claim or claims brought by

the person under section 1605(a)(7) of title 28, United

States Code, plus amounts necessary to pay post-judgment

interest, as provided in section 1961 of such title, and,

in the case of a claim or claims against Cuba, amounts

awarded as sanctions by judicial order on April 18, 2000

(as corrected June 2, 2000), subject to final appellate review

of that order.

Payments under this subsection shall be made promptly upon

request.

(2) PERSONS COVERED.—A person described in this paragraph is a person who—

(A)(i) as of July 20, 2000, held a final judgment for

a claim or claims brought under section 1605(a)(7) of title

28, United States Code, against Iran or Cuba, or the right

to payment of an amount awarded as a judicial sanction

with respect to such claim or claims; or

(ii) filed a suit under such section 1605(a)(7) on February 17, 1999, December 13, 1999, January 28, 2000,

March 15, 2000, or July 27, 2000;

(B) relinquishes all claims and rights to compensatory

damages and amounts awarded as judicial sanctions under

such judgments;

(C) in the case of payment under paragraph (1)(A),

relinquishes all rights and claims to punitive damages

awarded in connection with such claim or claims; and

(D) in the case of payment under paragraph (1)(B),

relinquishes all rights to execute against or attach property

that is at issue in claims against the United States before

an international tribunal, that is the subject of awards

rendered by such tribunal, or that is subject to section

1610(f )(1)(A) of title 28, United States Code.

(b) FUNDING OF AMOUNTS.—

(1) JUDGMENTS AGAINST CUBA.—For purposes of funding

the payments under subsection (a) in the case of judgments

and sanctions entered against the Government of Cuba or

Cuban entities, the President shall vest and liquidate up to

and not exceeding the amount of property of the Government

of Cuba and sanctioned entities in the United States or any

commonwealth, territory, or possession thereof that has been

blocked pursuant to section 5(b) of the Trading with the Enemy

Act (50 U.S.C. App. 5(b)), sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701–

1702), or any other proclamation, order, or regulation issued

thereunder. For the purposes of paying amounts for judicial

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1543

sanctions, payment shall be made from funds or accounts subject to sanctions as of April 18, 2000, or from blocked assets

of the Government of Cuba.

(2) JUDGMENTS AGAINST IRAN.—For purposes of funding

payments under subsection (a) in the case of judgments against

Iran, the Secretary of the Treasury shall make such payments

from amounts paid and liquidated from—

(A) rental proceeds accrued on the date of the enactment of this Act from Iranian diplomatic and consular

property located in the United States; and

(B) funds not otherwise made available in an amount

not to exceed the total of the amount in the Iran Foreign

Military Sales Program account within the Foreign Military

Sales Fund on the date of the enactment of this Act.

(c) SUBROGATION.—Upon payment under subsection (a) with

respect to payments in connection with a Foreign Military Sales

Program account, the United States shall be fully subrogated, to

the extent of the payments, to all rights of the person paid under

that subsection against the debtor foreign state. The President

shall pursue these subrogated rights as claims or offsets of the

United States in appropriate ways, including any negotiation

process which precedes the normalization of relations between the

foreign state designated as a state sponsor of terrorism and the

United States, except that no funds shall be paid to Iran, or released

to Iran, from property blocked under the International Emergency

Economic Powers Act or from the Foreign Military Sales Fund,

until such subrogated claims have been dealt with to the satisfaction

of the United States.

(d) SENSE OF THE CONGRESS.—It is the sense of the Congress

that the President should not normalize relations between the

United States and Iran until the claims subrogated have been

dealt with to the satisfaction of the United States.

(e) REAFFIRMATION OF AUTHORITY.—Congress reaffirms the

President’s statutory authority to manage and, where appropriate

and consistent with the national interest, vest foreign assets located

in the United States for the purposes, among other things, of

assisting and, where appropriate, making payments to victims of

terrorism.

(f ) AMENDMENTS.—(1) Section 1610(f ) of title 28, United States

Code, is amended—

(A) in paragraphs (2)(A) and (2)(B)(ii), by striking ‘‘shall’’

each place it appears and inserting ‘‘should make every effort

to’’; and

(B) by adding at the end the following new paragraph:

‘‘(3) WAIVER.—The President may waive any provision of

paragraph (1) in the interest of national security.’’.

(2) Subsections (b) and (d) of section 117 of the Treasury Department Appropriations Act, 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.—

28 USC 1606,

1610 note.

114 STAT. 1544 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(1) IN GENERAL.—The Director may make supplemental

grants as provided in 1402(d)(5) to States, victim service

organizations, and public agencies (including Federal, State,

or local governments) and nongovernmental organizations that

provide assistance to victims of crime, which shall be used

to provide emergency relief, including crisis response efforts,

assistance, training, and technical assistance, and ongoing

assistance, including during any investigation or prosecution,

to victims of terrorist acts or mass violence occurring outside

the United States who are not persons eligible for compensation

under title VIII of the Omnibus Diplomatic Security and

Antiterrorism Act of 1986.

‘‘(2) VICTIM DEFINED.—In this subsection, the term

‘victim’—

‘‘(A) means a person who is a national of the United

States or an officer or employee of the United States

Government who is injured or killed as a result of a terrorist act or mass violence occurring outside the United

States; and

‘‘(B) in the case of a person described in subparagraph

(A) who is less than 18 years of age, incompetent, incapacitated, or deceased, includes a family member or legal

guardian of that person.

‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection

shall be construed to allow the Director to make grants to

any foreign power (as defined by section 101(a) of the Foreign

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) or

to any domestic or foreign organization operated for the purpose

of engaging in any significant political or lobbying activities.’’.

(2) APPLICABILITY.—The amendment made by this subsection shall apply to any terrorist act or mass violence occurring on or after December 21, 1988, with respect to which

an investigation or prosecution was ongoing after April 24,

1996.

(3) ADMINISTRATIVE PROVISION.—Not later than 90 days

after the date of the enactment of this Act, the Director shall

establish guidelines under section 1407(a) of the Victims of

Crime Act of 1984 (42 U.S.C. 10604(a)) to specify the categories

of organizations and agencies to which the Director may make

grants under this subsection.

(4) TECHNICAL AMENDMENT.—Section 1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended

by striking ‘‘1404(d)(4)(B)’’ and inserting ‘‘1402(d)(5)’’.

(b) AMENDMENTS TO EMERGENCY RESERVE FUND.—

(1) CAP INCREASE.—Section 1402(d)(5)(A) of the Victims

of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended

by striking ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’.

(2) TRANSFER.—Section 1402(e) of the Victims of Crime

Act of 1984 (42 U.S.C 10601(e)) is amended by striking ‘‘in

excess of $500,000’’ and all that follows through ‘‘than $500,000’’

and inserting ‘‘shall be available for deposit into the emergency

reserve fund referred to in subsection (d)(5) at the discretion

of the Director. Any remaining unobligated sums’’.

(c) COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM.—

(1) IN GENERAL.—The Victims of Crime Act of 1984 (42

U.S.C. 10601 et seq.) is amended by inserting after section

1404B the following:

Deadline.

42 USC 10603b

note.

42 USC 10603b

note.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1545

‘‘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

42 USC 10603c.

114 STAT. 1546 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(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

27 USC 122a.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1547

Code, or in the district in which the recipient of the intoxicating

liquor resides or is found.

‘‘(3) FORM OF RELIEF.—An action under this section is limited to actions seeking injunctive relief (a preliminary and/

or permanent injunction).

‘‘(4) NO RIGHT TO JURY TRIAL.—An action under this section

shall be tried before the court.

‘‘(d) REQUIREMENTS FOR INJUNCTIONS AND ORDERS.—

‘‘(1) IN GENERAL.—In any action brought under this section,

upon a proper showing by the attorney general of the State,

the court may issue a preliminary or permanent injunction

to restrain a violation of this section. A proper showing under

this paragraph shall require that a State prove by a preponderance of the evidence that a violation of State law as described

in subsection (b) has taken place or is taking place.

‘‘(2) ADDITIONAL SHOWING FOR PRELIMINARY INJUNCTION.—

No preliminary injunction may be granted except upon—

‘‘(A) evidence demonstrating the probability of irreparable injury if injunctive relief is not granted; and

‘‘(B) evidence supporting the probability of success on

the merits.

‘‘(3) NOTICE.—No preliminary or permanent injunction may

be issued under paragraph (1) without notice to the adverse

party and an opportunity for a hearing.

‘‘(4) FORM AND SCOPE OF ORDER.—Any preliminary or

permanent injunction entered in an action brought under this

section shall—

‘‘(A) set forth the reasons for the issuance of the order;

‘‘(B) be specific in terms;

‘‘(C) describe in reasonable detail, and not by reference

to the complaint or other document, the act or acts sought

to be restrained; and

‘‘(D) be binding upon—

‘‘(i) the parties to the action and the officers,

agents, employees, and attorneys of those parties; and

‘‘(ii) persons in active concert or participation with

the parties to the action who receive actual notice

of the order by personal service or otherwise.

‘‘(5) ADMISSIBILITY OF EVIDENCE.—In a hearing on an

application for a permanent injunction, any evidence previously

received on an application for a preliminary injunction in

connection with the same civil action and that would otherwise

be admissible, may be made a part of the record of the hearing

on the permanent injunction.

‘‘(e) RULES OF CONSTRUCTION.—This section shall be construed

only to extend the jurisdiction of Federal courts in connection with

State law that is a valid exercise of power vested in the States—

‘‘(1) under the twenty-first article of amendment to the

Constitution of the United States as such article of amendment

is interpreted by the Supreme Court of the United States

including interpretations in conjunction with other provisions

of the Constitution of the United States; and

‘‘(2) under the first section herein as such section is interpreted by the Supreme Court of the United States; but shall

not be construed to grant to States any additional power.

‘‘(f ) ADDITIONAL REMEDIES.—

114 STAT. 1548 PUBLIC LAW 106–386—OCT. 28, 2000

LEGISLATIVE HISTORY—H.R. 3244:

HOUSE REPORTS: Nos. 106–487, Pt. 1 (Comm. on International Relations) and Pt.

2 (Comm. on the Judiciary) and 106–939 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 146 (2000):

May 9, considered and passed House.

July 27, considered and passed Senate, amended.

Oct. 6, House agreed to conference report.

Oct. 11, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):

Oct. 28, Presidential statement.

Æ

‘‘(1) IN GENERAL.—A remedy under this section is in addition to any other remedies provided by law.

‘‘(2) STATE COURT PROCEEDINGS.—Nothing in this section

may be construed to prohibit an authorized State official from

proceeding in State court on the basis of an alleged violation

of any State law.

‘‘SEC. 3. GENERAL PROVISIONS.

‘‘(a) EFFECT ON INTERNET TAX FREEDOM ACT.—Nothing in this

section may be construed to modify or supersede the operation

of the Internet Tax Freedom Act (47 U.S.C. 151 note).

‘‘(b) INAPPLICABILITY TO SERVICE PROVIDERS.—Nothing in this

section may be construed to—

‘‘(1) authorize any injunction against an interactive computer service (as defined in section 230(f ) of the Communications Act of 1934 (47 U.S.C. 230(f )) used by another person

to engage in any activity that is subject to this Act;

‘‘(2) authorize any injunction against an electronic communication service (as defined in section 2510(15) of title 18,

United States Code) used by another person to engage in any

activity that is subject to this Act; or

‘‘(3) authorize an injunction prohibiting the advertising or

marketing of any intoxicating liquor by any person in any

case in which such advertising or marketing is lawful in the

jurisdiction from which the importation, transportation or other

conduct to which this Act applies originates.’’.

(b) EFFECTIVE DATE.—This section and the amendments made

by this section shall become effective 90 days after the date of

the enactment of this Act.

(c) STUDY.—The Attorney General shall carry out the study

to determine the impact of this section and shall submit the results

of such study not later than 180 days after the enactment of

this Act.

Approved October 28, 2000.

Deadline.

27 USC 122a

note.

27 USC 122a

note.

27 USC 122b.