67–108

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–939

VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION

ACT OF 2000

OCTOBER 5, 2000.—Ordered to be printed

Mr. SMITH of New Jersey, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 3244]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R.

3244), an Act to combat trafficking of persons, especially into the

sex trade, slavery, and slavery-like conditions, in the United States

and countries around the world through prevention, through prosecution and enforcement against traffickers, and through protection

and assistance to victims of trafficking, having met, after full and

free conference, have agreed to recommend and do recommend to

their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as

follows:

In lieu of the matter proposed to be inserted by the Senate

amendment, insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Victims of Trafficking and Violence Protection Act of 2000’’.

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

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

follows:

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

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

(3) DIVISION C.—Miscellaneous Provisions.

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

as follows:

Sec. 1. Short title.

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

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DIVISION A—TRAFFICKING VICTIMS PROTECTION ACT OF 2000

Sec. 101. Short title.

Sec. 102. Purposes and findings.

Sec. 103. Definitions.

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

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

Sec. 106. Prevention of trafficking.

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

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

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

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

Sec. 111. Actions against significant traffickers in persons.

Sec. 112. Strengthening prosecution and punishment of traffickers.

Sec. 113. Authorizations of appropriations.

DIVISION B—VIOLENCE AGAINST WOMEN ACT OF 2000

Sec. 1001. Short title.

Sec. 1002. Definitions.

Sec. 1003. Accountability and oversight.

TITLE I—STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE

AGAINST WOMEN

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

Sec. 1102. Role of courts.

Sec. 1103. Reauthorization of STOP grants.

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

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

grants.

Sec. 1106. National stalker and domestic violence reduction.

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

Sec. 1108. School and campus security.

Sec. 1109. Dating violence.

TITLE II—STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec. 1201. Legal assistance for victims.

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

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

Sec. 1204. National domestic violence hotline.

Sec. 1205. Federal victims counselors.

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

of violence against women.

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

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

women.

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

TITLE III—LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec. 1301. Safe havens for children pilot program.

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

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

TITLE IV—STRENGTHENING EDUCATION AND TRAINING TO COMBAT

VIOLENCE AGAINST WOMEN

Sec. 1401. Rape prevention and education.

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

disabilities.

Sec. 1403. Community initiatives.

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

Women Act of 1994.

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

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

Sec. 1407. Domestic Violence Task Force.

TITLE V—BATTERED IMMIGRANT WOMEN

Sec. 1501. Short title.

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Sec. 1502. Findings and purposes.

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

Women Act of 1994 for battered immigrant women.

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

under the Violence Against Women Act of 1994.

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

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

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

of 1994.

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

of the Violence Against Women Act of 1994.

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

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

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

for battered spouses and children.

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

and children.

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

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

women.

TITLE VI—MISCELLANEOUS

Sec. 1601. Notice requirements for sexually violent offenders.

Sec. 1602. Teen suicide prevention study.

Sec. 1603. Decade of pain control and research.

DIVISION C—MISCELLANEOUS PROVISIONS

Sec. 2001. Aimee’s law.

Sec. 2002. Payment of anti-terrorism judgments.

Sec. 2003. Aid to victims of terrorism.

Sec. 2004. Twenty-first century amendment.

DIVISION A—TRAFFICKING VICTIMS

PROTECTION ACT OF 2000

SEC. 101. SHORT TITLE.

This division may be cited as the ‘‘Trafficking Victims Protection Act of 2000’’.

SEC. 102. PURPOSES AND FINDINGS.

(a) PURPOSES.—The purposes of this division are to combat

trafficking in persons, a contemporary manifestation of slavery

whose victims are predominantly women and children, to ensure

just and effective punishment of traffickers, and to protect their victims.

(b) FINDINGS.—Congress finds that:

(1) As the 21st century begins, the degrading institution of

slavery continues throughout the world. Trafficking in persons

is a modern form of slavery, and it is the largest manifestation

of slavery today. At least 700,000 persons annually, primarily

women and children, are trafficked within or across international borders. Approximately 50,000 women and children

are trafficked into the United States each year.

(2) Many of these persons are trafficked into the international sex trade, often by force, fraud, or coercion. The sex industry has rapidly expanded over the past several decades. It

involves sexual exploitation of persons, predominantly women

and girls, involving activities related to prostitution, pornography, sex tourism, and other commercial sexual services. The

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low status of women in many parts of the world has contributed

to a burgeoning of the trafficking industry.

(3) Trafficking in persons is not limited to the sex industry.

This growing transnational crime also includes forced labor

and involves significant violations of labor, public health, and

human rights standards worldwide.

(4) Traffickers primarily target women and girls, who are

disproportionately affected by poverty, the lack of access to education, chronic unemployment, discrimination, and the lack of

economic opportunities in countries of origin. Traffickers lure

women and girls into their networks through false promises of

decent working conditions at relatively good pay as nannies,

maids, dancers, factory workers, restaurant workers, sales

clerks, or models. Traffickers also buy children from poor families and sell them into prostitution or into various types of

forced or bonded labor.

(5) Traffickers often transport victims from their home communities to unfamiliar destinations, including foreign countries

away from family and friends, religious institutions, and other

sources of protection and support, leaving the victims defenseless and vulnerable.

(6) Victims are often forced through physical violence to engage in sex acts or perform slavery-like labor. Such force includes rape and other forms of sexual abuse, torture, starvation,

imprisonment, threats, psychological abuse, and coercion.

(7) Traffickers often make representations to their victims

that physical harm may occur to them or others should the victim escape or attempt to escape. Such representations can have

the same coercive effects on victims as direct threats to inflict

such harm.

(8) Trafficking in persons is increasingly perpetrated by organized, sophisticated criminal enterprises. Such trafficking is

the fastest growing source of profits for organized criminal enterprises worldwide. Profits from the trafficking industry contribute to the expansion of organized crime in the United States

and worldwide. Trafficking in persons is often aided by official

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

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

forcible rape when it involves the involuntary participation of

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

(10) Trafficking also involves violations of other laws, including labor and immigration codes and laws against kidnapping, slavery, false imprisonment, assault, battery, pandering,

fraud, and extortion.

(11) Trafficking exposes victims to serious health risks.

Women and children trafficked in the sex industry are exposed

to deadly diseases, including HIV and AIDS. Trafficking victims are sometimes worked or physically brutalized to death.

(12) Trafficking in persons substantially affects interstate

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

an impact on the nationwide employment network and labor

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

services which are obtained or maintained through coercive conVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00004 Fmt 6659 Sfmt 6603 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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duct that amounts to a condition of servitude, victims are subjected to a range of violations.

(13) Involuntary servitude statutes are intended to reach

cases in which persons are held in a condition of servitude

through nonviolent coercion. In United States v. Kozminski, 487

U.S. 931 (1988), the Supreme Court found that section 1584 of

title 18, United States Code, should be narrowly interpreted,

absent a definition of involuntary servitude by Congress. As a

result, that section was interpreted to criminalize only servitude

that is brought about through use or threatened use of physical

or legal coercion, and to exclude other conduct that can have

the same purpose and effect.

(14) Existing legislation and law enforcement in the United

States and other countries are inadequate to deter trafficking

and bring traffickers to justice, failing to reflect the gravity of

the offenses involved. No comprehensive law exists in the

United States that penalizes the range of offenses involved in

the trafficking scheme. Instead, even the most brutal instances

of trafficking in the sex industry are often punished under laws

that also apply to lesser offenses, so that traffickers typically escape deserved punishment.

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

its components is not reflected in current sentencing guidelines,

resulting in weak penalties for convicted traffickers.

(16) In some countries, enforcement against traffickers is

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

(17) Existing laws often fail to protect victims of trafficking,

and because victims are often illegal immigrants in the destination country, they are repeatedly punished more harshly than

the traffickers themselves.

(18) Additionally, adequate services and facilities do not

exist to meet victims’ needs regarding health care, housing, education, and legal assistance, which safely reintegrate trafficking

victims into their home countries.

(19) Victims of severe forms of trafficking should not be inappropriately incarcerated, fined, or otherwise penalized solely

for unlawful acts committed as a direct result of being trafficked, such as using false documents, entering the country

without documentation, or working without documentation.

(20) Because victims of trafficking are frequently unfamiliar with the laws, cultures, and languages of the countries

into which they have been trafficked, because they are often subjected to coercion and intimidation including physical detention

and debt bondage, and because they often fear retribution and

forcible removal to countries in which they will face retribution

or other hardship, these victims often find it difficult or impossible to report the crimes committed against them or to assist

in the investigation and prosecution of such crimes.

(21) Trafficking of persons is an evil requiring concerted

and vigorous action by countries of origin, transit or destination, and by international organizations.

(22) One of the founding documents of the United States,

the Declaration of Independence, recognizes the inherent dignity

and worth of all people. It states that all men are created equal

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and that they are endowed by their Creator with certain

unalienable rights. The right to be free from slavery and involuntary servitude is among those unalienable rights. Acknowledging this fact, the United States outlawed slavery and involuntary servitude in 1865, recognizing them as evil institutions

that must be abolished. Current practices of sexual slavery and

trafficking of women and children are similarly abhorrent to

the principles upon which the United States was founded.

(23) The United States and the international community

agree that trafficking in persons involves grave violations of

human rights and is a matter of pressing international concern.

The international community has repeatedly condemned slavery

and involuntary servitude, violence against women, and other

elements of trafficking, through declarations, treaties, and

United Nations resolutions and reports, including the Universal

Declaration of Human Rights; the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; the 1948 American Declaration on the Rights and Duties of Man; the 1957 Abolition

of Forced Labor Convention; the International Covenant on

Civil and Political Rights; the Convention Against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment;

United Nations General Assembly Resolutions 50/167, 51/66,

and 52/98; the Final Report of the World Congress against Sexual Exploitation of Children (Stockholm, 1996); the Fourth

World Conference on Women (Beijing, 1995); and the 1991 Moscow Document of the Organization for Security and Cooperation

in Europe.

(24) Trafficking in persons is a transnational crime with

national implications. To deter international trafficking and

bring its perpetrators to justice, nations including the United

States must recognize that trafficking is a serious offense. This

is done by prescribing appropriate punishment, giving priority

to the prosecution of trafficking offenses, and protecting rather

than punishing the victims of such offenses. The United States

must work bilaterally and multilaterally to abolish the trafficking industry by taking steps to promote cooperation among

countries linked together by international trafficking routes.

The United States must also urge the international community

to take strong action in multilateral fora to engage recalcitrant

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

SEC. 103. DEFINITIONS.

In this division:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means the Committee

on Foreign Relations and the Committee on the Judiciary of the

Senate and the Committee on International Relations and the

Committee on the Judiciary of the House of Representatives.

(2) COERCION.—The term ‘‘coercion’’ means—

(A) threats of serious harm to or physical restraint

against any person;

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

person to believe that failure to perform an act would result

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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 TRAF- FICKING.—The term ‘‘minimum standards for the elimination of

trafficking’’ means the standards set forth in section 108.

(7) NONHUMANITARIAN, NONTRADE-RELATED FOREIGN AS- SISTANCE.—The term ‘‘nonhumanitarian, nontrade-related foreign assistance’’ means—

(A) any assistance under the Foreign Assistance Act of

1961, other than—

(i) assistance under chapter 4 of part II of that Act

that is made available for any program, project, or activity eligible for assistance under chapter 1 of part I

of that Act;

(ii) assistance under chapter 8 of part I of that Act;

(iii) any other narcotics-related assistance under

part I of that Act or under chapter 4 or 5 part II of

that Act, but any such assistance provided under this

clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 634A of that Act;

(iv) disaster relief assistance, including any assistance under chapter 9 of part I of that Act;

(v) antiterrorism assistance under chapter 8 of

part II of that Act;

(vi) assistance for refugees;

(vii) humanitarian and other development assistance in support of programs of nongovernmental organizations under chapters 1 and 10 of that Act;

(viii) programs under title IV of chapter 2 of part

I of that Act, relating to the Overseas Private Investment Corporation; and

(ix) other programs involving trade-related or humanitarian assistance; and

(B) sales, or financing on any terms, under the Arms

Export Control Act, other than sales or financing provided

for narcotics-related purposes following notification in acVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00007 Fmt 6659 Sfmt 6603 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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cordance with the prior notification procedures applicable

to reprogrammings pursuant to section 634A of the Foreign

Assistance Act of 1961.

(8) SEVERE FORMS OF TRAFFICKING IN PERSONS.—The term

‘‘severe forms of trafficking in persons’’ means—

(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person

induced to perform such act has not attained 18 years of

age; or

(B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through

the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or

slavery.

(9) SEX TRAFFICKING.—The term ‘‘sex trafficking’’ means the

recruitment, harboring, transportation, provision, or obtaining

of a person for the purpose of a commercial sex act.

(10) STATE.—The term ‘‘State’’ means each of the several

States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,

Guam, American Samoa, the Commonwealth of the Northern

Mariana Islands, and territories and possessions of the United

States.

(11) TASK FORCE.—The term ‘‘Task Force’’ means the Interagency Task Force to Monitor and Combat Trafficking established under section 105.

(12) UNITED STATES.—The term ‘‘United States’’ means the

fifty States of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, American

Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

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

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

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

(14) VICTIM OF TRAFFICKING.—The term ‘‘victim of trafficking’’ means a person subjected to an act or practice described in paragraph (8) or (9).

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

(a) COUNTRIES RECEIVING ECONOMIC ASSISTANCE.—Section

116(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151(f)) is

amended to read as follows:

‘‘(f)(1) The report required by subsection (d) shall include the

following:

‘‘(A) A description of the nature and extent of severe forms

of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, in each foreign country.

‘‘(B) With respect to each country that is a country of origin,

transit, or destination for victims of severe forms of trafficking

in persons, an assessment of the efforts by the government of

that country to combat such trafficking. The assessment shall

address the following:

‘‘(i) Whether government authorities in that country

participate in, facilitate, or condone such trafficking.

‘‘(ii) Which government authorities in that country are

involved in activities to combat such trafficking.

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‘‘(iii) What steps the government of that country has

taken to prohibit government officials from participating in,

facilitating, or condoning such trafficking, including the investigation, prosecution, and conviction of such officials.

‘‘(iv) What steps the government of that country has

taken to prohibit other individuals from participating in

such trafficking, including the investigation, prosecution,

and conviction of individuals involved in severe forms of

trafficking in persons, the criminal and civil penalties for

such trafficking, and the efficacy of those penalties in eliminating or reducing such trafficking.

‘‘(v) What steps the government of that country has

taken to assist victims of such trafficking, including efforts

to prevent victims from being further victimized by traffickers, government officials, or others, grants of relief from

deportation, and provision of humanitarian relief, including provision of mental and physical health care and shelter.

‘‘(vi) Whether the government of that country is cooperating with governments of other countries to extradite traffickers when requested, or, to the extent that such cooperation would be inconsistent with the laws of such country or

with extradition treaties to which such country is a party,

whether the government of that country is taking all appropriate measures to modify or replace such laws and treaties

so as to permit such cooperation.

‘‘(vii) Whether the government of that country is assisting in international investigations of transnational trafficking networks and in other cooperative efforts to combat

severe forms of trafficking in persons.

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

from prosecuting victims of severe forms of trafficking in

persons due to such victims having been trafficked, and refrains from other discriminatory treatment of such victims.

‘‘(ix) Whether the government of that country recognizes

the rights of victims of severe forms of trafficking in persons and ensures their access to justice.

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

‘‘(2) In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel

shall consult with human rights organizations and other appropriate nongovernmental organizations.’’.

(b) COUNTRIES RECEIVING SECURITY ASSISTANCE.—Section

502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is

amended by adding at the end the following new subsection:

‘‘(h)(1) The report required by subsection (b) shall include the

following:

‘‘(A) A description of the nature and extent of severe forms

of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, in each foreign country.

‘‘(B) With respect to each country that is a country of origin,

transit, or destination for victims of severe forms of trafficking

in persons, an assessment of the efforts by the government of

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that country to combat such trafficking. The assessment shall

address the following:

‘‘(i) Whether government authorities in that country

participate in, facilitate, or condone such trafficking.

‘‘(ii) Which government authorities in that country are

involved in activities to combat such trafficking.

‘‘(iii) What steps the government of that country has

taken to prohibit government officials from participating in,

facilitating, or condoning such trafficking, including the investigation, prosecution, and conviction of such officials.

‘‘(iv) What steps the government of that country has

taken to prohibit other individuals from participating in

such trafficking, including the investigation, prosecution,

and conviction of individuals involved in severe forms of

trafficking in persons, the criminal and civil penalties for

such trafficking, and the efficacy of those penalties in eliminating or reducing such trafficking.

‘‘(v) What steps the government of that country has

taken to assist victims of such trafficking, including efforts

to prevent victims from being further victimized by traffickers, government officials, or others, grants of relief from

deportation, and provision of humanitarian relief, including provision of mental and physical health care and shelter.

‘‘(vi) Whether the government of that country is cooperating with governments of other countries to extradite traffickers when requested, or, to the extent that such cooperation would be inconsistent with the laws of such country or

with extradition treaties to which such country is a party,

whether the government of that country is taking all appropriate measures to modify or replace such laws and treaties

so as to permit such cooperation.

‘‘(vii) Whether the government of that country is assisting in international investigations of transnational trafficking networks and in other cooperative efforts to combat

severe forms of trafficking in persons.

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

from prosecuting victims of severe forms of trafficking in

persons due to such victims having been trafficked, and refrains from other discriminatory treatment of such victims.

‘‘(ix) Whether the government of that country recognizes

the rights of victims of severe forms of trafficking in persons and ensures their access to justice.

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

‘‘(2) In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel

shall consult with human rights organizations and other appropriate nongovernmental organizations.’’.

SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT

TRAFFICKING.

(a) ESTABLISHMENT.—The President shall establish an Interagency Task Force to Monitor and Combat Trafficking.

(b) APPOINTMENT.—The President shall appoint the members of

the Task Force, which shall include the Secretary of State, the AdVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00010 Fmt 6659 Sfmt 6603 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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ministrator of the United States Agency for International Development, the Attorney General, the Secretary of Labor, the Secretary of

Health and Human Services, the Director of Central Intelligence,

and such other officials as may be designated by the President.

(c) CHAIRMAN.—The Task Force shall be chaired by the Secretary of State.

(d) ACTIVITIES OF THE TASK FORCE.—The Task Force shall

carry out the following activities:

(1) Coordinate the implementation of this division.

(2) Measure and evaluate progress of the United States and

other countries in the areas of trafficking prevention, protection,

and assistance to victims of trafficking, and prosecution and enforcement against traffickers, including the role of public corruption in facilitating trafficking. The Task Force shall have

primary responsibility for assisting the Secretary of State in the

preparation of the reports described in section 110.

(3) Expand interagency procedures to collect and organize

data, including significant research and resource information

on domestic and international trafficking. Any data collection

procedures established under this subsection shall respect the

confidentiality of victims of trafficking.

(4) Engage in efforts to facilitate cooperation among countries of origin, transit, and destination. Such efforts shall aim

to strengthen local and regional capacities to prevent trafficking, prosecute traffickers and assist trafficking victims, and

shall include initiatives to enhance cooperative efforts between

destination countries and countries of origin and assist in the

appropriate reintegration of stateless victims of trafficking.

(5) Examine the role of the international ‘‘sex tourism’’ industry in the trafficking of persons and in the sexual exploitation of women and children around the world.

(6) Engage in consultation and advocacy with governmental and nongovernmental organizations, among other entities, to advance the purposes of this division.

(e) SUPPORT FOR THE TASK FORCE.—The Secretary of State is

authorized to establish within the Department of State an Office to

Monitor and Combat Trafficking, which shall provide assistance to

the Task Force. Any such Office shall be headed by a Director. The

Director shall have the primary responsibility for assisting the Secretary of State in carrying out the purposes of this division and may

have additional responsibilities as determined by the Secretary. The

Director shall consult with nongovernmental organizations and

multilateral organizations, and with trafficking victims or other affected persons. The Director shall have the authority to take evidence in public hearings or by other means. The agencies represented on the Task Force are authorized to provide staff to the Office on a nonreimbursable basis.

SEC. 106. PREVENTION OF TRAFFICKING.

(a) ECONOMIC ALTERNATIVES TO PREVENT AND DETER TRAFFICKING.—The President shall establish and carry out international

initiatives to enhance economic opportunity for potential victims of

trafficking as a method to deter trafficking. Such initiatives may

include—

(1) microcredit lending programs, training in business development, skills training, and job counseling;

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(2) programs to promote women’s participation in economic

decisionmaking;

(3) programs to keep children, especially girls, in elementary and secondary schools, and to educate persons who have

been victims of trafficking;

(4) development of educational curricula regarding the dangers of trafficking; and

(5) grants to nongovernmental organizations to accelerate

and advance the political, economic, social, and educational

roles and capacities of women in their countries.

(b) PUBLIC AWARENESS AND INFORMATION.—The President, acting through the Secretary of Labor, the Secretary of Health and

Human Services, the Attorney General, and the Secretary of State,

shall establish and carry out programs to increase public awareness, particularly among potential victims of trafficking, of the dangers of trafficking and the protections that are available for victims

of trafficking.

(c) CONSULTATION REQUIREMENT.—The President shall consult

with appropriate nongovernmental organizations with respect to the

establishment and conduct of initiatives described in subsections (a)

and (b).

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

(a) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES.— (1) IN GENERAL.—The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with appropriate nongovernmental organizations, shall establish and carry out programs and initiatives in foreign countries to assist in the safe integration, reintegration, or resettlement, as appropriate, of victims of trafficking. Such programs and initiatives shall be designed to

meet the appropriate assistance needs of such persons and their

children, as identified by the Task Force.

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

the Secretary of State and the Administrator of the United

States Agency for International Development shall take all appropriate steps to enhance cooperative efforts among foreign

countries, including countries of origin of victims of trafficking,

to assist in the integration, reintegration, or resettlement, as appropriate, of victims of trafficking, including stateless victims.

(b) VICTIMS IN THE UNITED STATES.—

(1) ASSISTANCE.—

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

Work Opportunity Reconciliation Act of 1996, an alien who

is a victim of a severe form of trafficking in persons shall

be eligible for benefits and services under any Federal or

State program or activity funded or administered by any

official or agency described in subparagraph (B) to the

same extent as an alien who is admitted to the United

States as a refugee under section 207 of the Immigration

and Nationality Act.

(B) REQUIREMENT TO EXPAND BENEFITS AND SERVICES.—Subject to subparagraph (C) and, in the case of nonVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
13

entitlement programs, to the availability of appropriations,

the Secretary of Health and Human Services, the Secretary

of Labor, the Board of Directors of the Legal Services Corporation, and the heads of other Federal agencies shall expand benefits and services to victims of severe forms of trafficking in persons in the United States, without regard to

the immigration status of such victims.

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

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

means only a person—

(i) who has been subjected to an act or practice described in section 103(8) as in effect on the date of the

enactment of this Act; and

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

(II) who is the subject of a certification under subparagraph (E).

(D) ANNUAL REPORT.—Not later than December 31 of

each year, the Secretary of Health and Human Services, in

consultation with the Secretary of Labor, the Board of Directors of the Legal Services Corporation, and the heads of

other appropriate Federal agencies shall submit a report,

which includes information on the number of persons who

received benefits or other services under this paragraph in

connection with programs or activities funded or administered by such agencies or officials during the preceding fiscal year, to the Committee on Ways and Means, the Committee on International Relations, and the Committee on

the Judiciary of the House of Representatives and the Committee on Finance, the Committee on Foreign Relations,

and the Committee on the Judiciary of the Senate.

(E) CERTIFICATION.—

(i) IN GENERAL.—Subject to clause (ii), the certification referred to in subparagraph (C) is a certification

by the Secretary of Health and Human Services, after

consultation with the Attorney General, that the person

referred to in subparagraph (C)(ii)(II)—

(I) is willing to assist in every reasonable way

in the investigation and prosecution of severe

forms of trafficking in persons; and

(II)(aa) has made a bona fide application for

a visa under section 101(a)(15)(T) of the Immigration and Nationality Act, as added by subsection

(e), that has not been denied; or

(bb) is a person whose continued presence in

the United States the Attorney General is ensuring

in order to effectuate prosecution of traffickers in

persons.

(ii) PERIOD OF EFFECTIVENESS.—A certification referred to in subparagraph (C), with respect to a person

described in clause (i)(II)(bb), shall be effective only for

so long as the Attorney General determines that the

continued presence of such person is necessary to effectuate prosecution of traffickers in persons.

14

(iii) INVESTIGATION AND PROSECUTION DEFINED.—

For the purpose of a certification under this subparagraph, the term ‘‘investigation and prosecution’’

includes—

(I) identification of a person or persons who

have committed severe forms of trafficking in persons;

(II) location and apprehension of such persons;

and

(III) testimony at proceedings against such

persons.

(2) GRANTS.—

(A) IN GENERAL.—Subject to the availability of appropriations, the Attorney General may make grants to States,

Indian tribes, units of local government, and nonprofit,

nongovernmental victims’ service organizations to develop,

expand, or strengthen victim service programs for victims of

trafficking.

(B) ALLOCATION OF GRANT FUNDS.—Of amounts made

available for grants under this paragraph, there shall be

set aside—

(i) three percent for research, evaluation, and statistics;

(ii) two percent for training and technical assistance; and

(iii) one percent for management and administration.

(C) LIMITATION ON FEDERAL SHARE.—The Federal

share of a grant made under this paragraph may not exceed 75 percent of the total costs of the projects described

in the application submitted.

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

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

and the Secretary of State shall promulgate regulations for law enforcement personnel, immigration officials, and Department of State

officials to implement the following:

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

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

(A) not be detained in facilities inappropriate to their

status as crime victims;

(B) receive necessary medical care and other assistance;

and

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

or if there is danger of additional harm by recapture of the

victim by a trafficker, including—

(i) taking measures to protect trafficked persons

and their family members from intimidation and

threats of reprisals and reprisals from traffickers and

their associates; and

(ii) ensuring that the names and identifying information of trafficked persons and their family members

are not disclosed to the public.

15

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

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

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

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

(S) and inserting ‘‘; or’’; and

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

‘‘(T)(i) subject to section 214(n), an alien who the Attorney General determines—

‘‘(I) is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the

Trafficking Victims Protection Act of 2000,

‘‘(II) is physically present in the United States,

American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry thereto, on

account of such trafficking,

‘‘(III)(aa) has complied with any reasonable request for assistance in the investigation or prosecution

of acts of trafficking, or

‘‘(bb) has not attained 15 years of age, and

‘‘(IV) the alien would suffer extreme hardship involving unusual and severe harm upon removal; and

‘‘(ii) if the Attorney General considers it necessary to

avoid extreme hardship—

‘‘(I) in the case of an alien described in clause (i)

who is under 21 years of age, the spouse, children, and

parents of such alien; and

‘‘(II) in the case of an alien described in clause (i)

who is 21 years of age or older, the spouse and children

of such alien,

if accompanying, or following to join, the alien described in

clause (i).’’.

16

(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 ADMIS- SION.—Section 212(d) of the Immigration and Nationality Act

(8 U.S.C. 1182(d)) is amended by adding at the end the following:

‘‘(13)(A) The Attorney General shall determine whether a

ground for inadmissibility exists with respect to a nonimmigrant described in section 101(a)(15)(T).

‘‘(B) In addition to any other waiver that may be available

under this section, in the case of a nonimmigrant described in section 101(a)(15)(T), if the Attorney General considers it to be in the

national interest to do so, the Attorney General, in the Attorney General’s discretion, may waive the application of—

‘‘(i) paragraphs (1) and (4) of subsection (a); and

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

alien inadmissible under the provision were caused by, or were

incident to, the victimization described in section

101(a)(15)(T)(i)(I).’’.

(4) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO

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

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

end the following new subsection:

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

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

where appropriate, shall provide the alien with a referral to a

nongovernmental organization that would advise the alien regarding the alien’s options while in the United States and the

resources available to the alien; and

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

is in lawful temporary resident status under that subsection,

grant the alien authorization to engage in employment in the

United States and provide the alien with an ‘employment authorized’ endorsement or other appropriate work permit.’’.

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

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

17

prohibiting the Attorney General from instituting removal proceedings under section 240 of the Immigration and Nationality

Act (8 U.S.C. 1229a) against an alien admitted as a nonimmigrant under section 101(a)(15)(T)(i) of that Act, as added

by subsection (e), for conduct committed after the alien’s admission into the United States, or for conduct or a condition that

was not disclosed to the Attorney General prior to the alien’s

admission as a nonimmigrant under such section

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

(f) ADJUSTMENT TO PERMANENT RESIDENT STATUS.—Section

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

the following new subsection:

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

101(a)(15)(T)(i)—

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

continuous period of at least 3 years since the date of admission

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

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

moral character, and

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

acts of trafficking, or

‘‘(ii) the alien would suffer extreme hardship involving unusual and severe harm upon removal from the United States,

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

person admitted under that section as the spouse, parent, or child

of the alien) to that of an alien lawfully admitted for permanent residence.

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

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

reason of a ground that has not been waived under section 212, except that, if the Attorney General considers it to be in the national

interest to do so, the Attorney General, in the Attorney General’s discretion, may waive the application of—

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

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

alien inadmissible under the provision were caused by, or were

incident to, the victimization described in section

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

‘‘(2) An alien shall be considered to have failed to maintain continuous physical presence in the United States under paragraph

(1)(A) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.

‘‘(3)(A) The total number of aliens whose status may be adjusted

under paragraph (1) during any fiscal year may not exceed 5,000.

‘‘(B) The numerical limitation of subparagraph (A) shall only

apply to principal aliens and not to the spouses, sons, daughters, or

parents of such aliens.

‘‘(4) Upon the approval of adjustment of status under paragraph (1), the Attorney General shall record the alien’s lawful admission for permanent residence as of the date of such approval.’’.

18

(g) ANNUAL REPORTS.—On or before October 31 of each year,

the Attorney General shall submit a report to the appropriate congressional committees setting forth, with respect to the preceding fiscal year, the number, if any, of otherwise eligible applicants who

did not receive visas under section 101(a)(15)(T) of the Immigration

and Nationality Act, as added by subsection (e), or who were unable

to adjust their status under section 245(l) of such Act, solely on account of the unavailability of visas due to a limitation imposed by

section 214(n)(1) or 245(l)(4)(A) of such Act.

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

(a) MINIMUM STANDARDS.—For purposes of this division, the

minimum standards for the elimination of trafficking applicable to

the government of a country of origin, transit, or destination for a

significant number of victims of severe forms of trafficking are the

following:

(1) The government of the country should prohibit severe

forms of trafficking in persons and punish acts of such trafficking.

(2) For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim

of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or

which causes a death, the government of the country should

prescribe punishment commensurate with that for grave crimes,

such as forcible sexual assault.

(3) For the knowing commission of any act of a severe form

of trafficking in persons, the government of the country should

prescribe punishment that is sufficiently stringent to deter and

that adequately reflects the heinous nature of the offense.

(4) The government of the country should make serious and

sustained efforts to eliminate severe forms of trafficking in persons.

(b) CRITERIA.—In determinations under subsection (a)(4), the

following factors should be considered as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons:

(1) Whether the government of the country vigorously investigates and prosecutes acts of severe forms of trafficking in persons that take place wholly or partly within the territory of the

country.

(2) Whether the government of the country protects victims

of severe forms of trafficking in persons and encourages their

assistance in the investigation and prosecution of such trafficking, including provisions for legal alternatives to their removal to countries in which they would face retribution or

hardship, and ensures that victims are not inappropriately incarcerated, fined, or otherwise penalized solely for unlawful

acts as a direct result of being trafficked.

(3) Whether the government of the country has adopted

measures to prevent severe forms of trafficking in persons, such

as measures to inform and educate the public, including potential victims, about the causes and consequences of severe forms

of trafficking in persons.

19

(4) Whether the government of the country cooperates with

other governments in the investigation and prosecution of severe

forms of trafficking in persons.

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

on substantially the same terms and to substantially the same

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

extent such extradition would be inconsistent with the laws of

such country or with international agreements to which the

country is a party, whether the government is taking all appropriate measures to modify or replace such laws and treaties so

as to permit such extradition).

(6) Whether the government of the country monitors immigration and emigration patterns for evidence of severe forms of

trafficking in persons and whether law enforcement agencies of

the country respond to any such evidence in a manner that is

consistent with the vigorous investigation and prosecution of

acts of such trafficking, as well as with the protection of human

rights of victims and the internationally recognized human

right to leave any country, including one’s own, and to return

to one’s own country.

(7) Whether the government of the country vigorously investigates and prosecutes public officials who participate in or facilitate severe forms of trafficking in persons, and takes all appropriate measures against officials who condone such trafficking.

SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM

STANDARDS.

Chapter 1 of part I of the Foreign Assistance Act of 1961 (22

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

new section:

‘‘SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM

STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

‘‘(a) AUTHORIZATION.—The President is authorized to provide

assistance to foreign countries directly, or through nongovernmental

and multilateral organizations, for programs, projects, and activities designed to meet the minimum standards for the elimination of

trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000), including—

‘‘(1) the drafting of laws to prohibit and punish acts of trafficking;

‘‘(2) the investigation and prosecution of traffickers;

‘‘(3) the creation and maintenance of facilities, programs,

projects, and activities for the protection of victims; and

‘‘(4) the expansion of exchange programs and international

visitor programs for governmental and nongovernmental personnel to combat trafficking.

‘‘(b) FUNDING.—Amounts made available to carry out the other

provisions of this part (including chapter 4 of part II of this Act)

and the Support for East European Democracy (SEED) Act of 1989

shall be made available to carry out this section.’’.

20

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

(a) STATEMENT OF POLICY.—It is the policy of the United States

not to provide nonhumanitarian, nontrade-related foreign assistance

to any government that—

(1) does not comply with minimum standards for the elimination of trafficking; and

(2) is not making significant efforts to bring itself into compliance with such standards.

(b) REPORTS TO CONGRESS.—

(1) ANNUAL REPORT.—Not later than June 1 of each year,

the Secretary of State shall submit to the appropriate congressional committees a report with respect to the status of severe

forms of trafficking in persons that shall include—

(A) a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable and whose governments fully comply with such

standards;

(B) a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable and whose governments do not yet fully comply

with such standards but are making significant efforts to

bring themselves into compliance; and

(C) a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable and whose governments do not fully comply with

such standards and are not making significant efforts to

bring themselves into compliance.

(2) INTERIM REPORTS.—In addition to the annual report

under paragraph (1), the Secretary of State may submit to the

appropriate congressional committees at any time one or more

interim reports with respect to the status of severe forms of trafficking in persons, including information about countries whose

governments—

(A) have come into or out of compliance with the minimum standards for the elimination of trafficking; or

(B) have begun or ceased to make significant efforts to

bring themselves into compliance,

since the transmission of the last annual report.

(3) SIGNIFICANT EFFORTS.—In determinations under paragraph (1) or (2) as to whether the government of a country is

making significant efforts to bring itself into compliance with

the minimum standards for the elimination of trafficking, the

Secretary of State shall consider—

(A) the extent to which the country is a country of origin, transit, or destination for severe forms of trafficking;

(B) the extent of noncompliance with the minimum

standards by the government and, particularly, the extent

to which officials or employees of the government have participated in, facilitated, condoned, or are otherwise

complicit in severe forms of trafficking; and

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

of the resources and capabilities of the government.

21

(c) NOTIFICATION.—Not less than 45 days or more than 90 days

after the submission, on or after January 1, 2003, of an annual report under subsection (b)(1), or an interim report under subsection

(b)(2), the President shall submit to the appropriate congressional

committees a notification of one of the determinations listed in subsection (d) with respect to each foreign country whose government,

according to such report—

(A) does not comply with the minimum standards for the

elimination of trafficking; and

(B) is not making significant efforts to bring itself into compliance, as described in subsection (b)(1)(C).

(d) PRESIDENTIAL DETERMINATIONS.—The determinations referred to in subsection (c) are the following:

(1) WITHHOLDING OF NONHUMANITARIAN, NONTRADE-RE- LATED ASSISTANCE.—The President has determined that—

(A)(i) the United States will not provide nonhumanitarian, nontrade-related foreign assistance to the government of the country for the subsequent fiscal year until

such government complies with the minimum standards or

makes significant efforts to bring itself into compliance; or

(ii) in the case of a country whose government received

no nonhumanitarian, nontrade-related foreign assistance

from the United States during the previous fiscal year, the

United States will not provide funding for participation by

officials or employees of such governments in educational

and cultural exchange programs for the subsequent fiscal

year until such government complies with the minimum

standards or makes significant efforts to bring itself into

compliance; and

(B) the President will instruct the United States Executive Director of each multilateral development bank and of

the International Monetary Fund to vote against, and to

use the Executive Director’s best efforts to deny, any loan or

other utilization of the funds of the respective institution to

that country (other than for humanitarian assistance, for

trade-related assistance, or for development assistance

which directly addresses basic human needs, is not administered by the government of the sanctioned country, and

confers no benefit to that government) for the subsequent

fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself

into compliance.

(2) ONGOING, MULTIPLE, BROAD-BASED RESTRICTIONS ON

ASSISTANCE IN RESPONSE TO HUMAN RIGHTS VIOLATIONS.—The

President has determined that such country is already subject

to multiple, broad-based restrictions on assistance imposed in

significant part in response to human rights abuses and such

restrictions are ongoing and are comparable to the restrictions

provided in paragraph (1). Such determination shall be accompanied by a description of the specific restriction or restrictions

that were the basis for making such determination.

(3) SUBSEQUENT COMPLIANCE.—The Secretary of State has

determined that the government of the country has come into

compliance with the minimum standards or is making significant efforts to bring itself into compliance.

22

(4) CONTINUATION OF ASSISTANCE IN THE NATIONAL INTER- EST.—Notwithstanding the failure of the government of the

country to comply with minimum standards for the elimination

of trafficking and to make significant efforts to bring itself into

compliance, the President has determined that the provision to

the country of nonhumanitarian, nontrade-related foreign assistance, or the multilateral assistance described in paragraph

(1)(B), or both, would promote the purposes of this division or

is otherwise in the national interest of the United States.

(5) EXERCISE OF WAIVER AUTHORITY.— (A) IN GENERAL.—The President may exercise the authority under paragraph (4) with respect to—

(i) all nonhumanitarian, nontrade-related foreign

assistance to a country;

(ii) all multilateral assistance described in paragraph (1)(B) to a country; or

(iii) one or more programs, projects, or activities of

such assistance.

(B) AVOIDANCE OF SIGNIFICANT ADVERSE EFFECTS.— The President shall exercise the authority under paragraph

(4) when necessary to avoid significant adverse effects on

vulnerable populations, including women and children.

(6) DEFINITION OF MULTILATERAL DEVELOPMENT BANK.—In

this subsection, the term ‘‘multilateral development bank’’ refers

to any of the following institutions: the International Bank for

Reconstruction and Development, the International Development Association, the International Finance Corporation, the

Inter-American Development Bank, the Asian Development

Bank, the Inter-American Investment Corporation, the African

Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency.

(e) CERTIFICATION.—Together with any notification under subsection (c), the President shall provide a certification by the Secretary of State that, with respect to any assistance described in

clause (ii), (iii), or (v) of section 103(7)(A), or with respect to any assistance described in section 103(7)(B), no assistance is intended to

be received or used by any agency or official who has participated

in, facilitated, or condoned a severe form of trafficking in persons.

SEC. 111. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.

(a) AUTHORITY TO SANCTION SIGNIFICANT TRAFFICKERS IN PERSONS.—

(1) IN GENERAL.—The President may exercise the authorities set forth in section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701) without regard to section

202 of that Act (50 U.S.C. 1701) in the case of any of the following persons:

(A) Any foreign person that plays a significant role in

a severe form of trafficking in persons, directly or indirectly

in the United States.

(B) Foreign persons that materially assist in, or provide financial or technological support for or to, or provide

goods or services in support of, activities of a significant

foreign trafficker in persons identified pursuant to subparagraph (A).

23

(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 AF- FECTED.—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 IL- LICIT ACTIVITIES OF TRAFFICKERS IN PERSONS.—Section 212(a)(2) of

the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is

amended by inserting at the end the following new subparagraph:

‘‘(H) SIGNIFICANT TRAFFICKERS IN PERSONS.—

‘‘(i) IN GENERAL.—Any alien who is listed in a report submitted pursuant to section 111(b) of the Trafficking Victims Protection Act of 2000, or who the consular officer or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor,

assister, conspirator, or colluder with such a trafficker

in severe forms of trafficking in persons, as defined in

the section 103 of such Act, is inadmissible.

‘‘(ii) BENEFICIARIES OF TRAFFICKING.—Except as

provided in clause (iii), any alien who the consular officer or the Attorney General knows or has reason to

believe is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5

years, obtained any financial or other benefit from the

illicit activity of that alien, and knew or reasonably

should have known that the financial or other benefit

was the product of such illicit activity, is inadmissible.

‘‘(iii) EXCEPTION FOR CERTAIN SONS AND DAUGHTERS.—Clause (ii) shall not apply to a son or daughter

24

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;

‘‘(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

25

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—

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

against any person;

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

person to believe that failure to perform an act would result

in serious harm to or physical restraint against any person;

or

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

process.

‘‘(3) The term ‘venture’ means any group of 2 or more individuals associated in fact, whether or not a legal entity.

26

‘‘§ 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 sections 3663 or 3663A, and in addition

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

shall order restitution for any offense under this chapter.

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

the defendant to pay the victim (through the appropriate court

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

the court under paragraph (3) of this subsection.

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

and enforced in accordance with section 3664 in the same manner

as an order under section 3663A.

‘‘(3) As used in this subsection, the term ‘full amount of the victim’s losses’ has the same meaning as provided in section 2259(b)(3)

and shall in addition include the greater of the gross income or

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

of the victim’s labor as guaranteed under the minimum wage and

overtime guarantees of the Fair Labor Standards Act (29 U.S.C.

201, et seq.).

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

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

incapacitated, or deceased, the legal guardian of the victim or a representative of the victim’s estate, or another family member, or any

other person appointed as suitable by the court, but in no event

shall the defendant be named such representative or guardian.

‘‘§ 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.

27

‘‘(b) The court, in imposing sentence on any person convicted of

a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that

such person shall forfeit to the United States—

‘‘(1) such person’s interest in any property, real or personal,

that was used or intended to be used to commit or to facilitate

the commission of such violation; and

‘‘(2) any property, real or personal, constituting or derived

from, any proceeds that such person obtained, directly or indirectly, as a result of such violation.

‘‘(c)(1) The following shall be subject to forfeiture to the United

States and no property right shall exist in them:

‘‘(A) Any property, real or personal, used or intended to be

used to commit or to facilitate the commission of any violation

of this chapter.

‘‘(B) Any property, real or personal, which constitutes or is

derived from proceeds traceable to any violation of this chapter.

‘‘(2) The provisions of chapter 46 of this title relating to civil

forfeitures shall extend to any seizure or civil forfeiture under this

subsection.

‘‘(d) WITNESS PROTECTION.—Any violation of this chapter shall

be considered an organized criminal activity or other serious offense

for the purposes of application of chapter 224 (relating to witness

protection).’’; and

(3) by amending the table of sections at the beginning of

chapter 77 by adding at the end the following new items:

‘‘1589. Forced labor.

‘‘1590. Trafficking with respect to peonage, slavery, involuntary servitude, or forced

labor.

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

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

‘‘1593. Mandatory restitution.

‘‘1594. General provisions.’’.

(b) AMENDMENT TO THE SENTENCING GUIDELINES.—

(1) Pursuant to its authority under section 994 of title 28,

United States Code, and in accordance with this section, the

United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the

trafficking of persons including component or related crimes of

peonage, involuntary servitude, slave trade offenses, and possession, transfer or sale of false immigration documents in furtherance of trafficking, and the Fair Labor Standards Act and the

Migrant and Seasonal Agricultural Worker Protection Act.

(2) In carrying out this subsection, the Sentencing Commission shall—

(A) take all appropriate measures to ensure that these

sentencing guidelines and policy statements applicable to

the offenses described in paragraph (1) of this subsection

are sufficiently stringent to deter and adequately reflect the

heinous nature of such offenses;

(B) consider conforming the sentencing guidelines applicable to offenses involving trafficking in persons to the

28

guidelines applicable to peonage, involuntary servitude,

and slave trade offenses; and

(C) consider providing sentencing enhancements for

those convicted of the offenses described in paragraph (1) of

this subsection that—

(i) involve a large number of victims;

(ii) involve a pattern of continued and flagrant violations;

(iii) involve the use or threatened use of a dangerous weapon; or

(iv) result in the death or bodily injury of any person.

(3) The Commission may promulgate the guidelines or

amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987,

as though the authority under that Act had not expired.

SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS IN SUPPORT OF THE

TASK FORCE.—To carry out the purposes of sections 104, 105, and

110, there are authorized to be appropriated to the Secretary of

State $1,500,000 for fiscal year 2001 and $3,000,000 for fiscal year

2002.

(b) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF

HEALTH AND HUMAN SERVICES.—To carry out the purposes of section 107(b), there are authorized to be appropriated to the Secretary

of Health and Human Services $5,000,000 for fiscal year 2001 and

$10,000,000 for fiscal year 2002.

(c) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF

STATE.—

(1) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES.—To

carry out the purposes of section 107(a), there are authorized to

be appropriated to the Secretary of State $5,000,000 for fiscal

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

(2) VOLUNTARY CONTRIBUTIONS TO OSCE.—To carry out the

purposes of section 109, there are authorized to be appropriated

to the Secretary of State $300,000 for voluntary contributions to

advance projects aimed at preventing trafficking, promoting respect for human rights of trafficking victims, and assisting the

Organization for Security and Cooperation in Europe participating states in related legal reform for fiscal year 2001.

(3) PREPARATION OF ANNUAL COUNTRY REPORTS ON HUMAN

RIGHTS.—To carry out the purposes of section 104, there are authorized to be appropriated to the Secretary of State such sums

as may be necessary to include the additional information required by that section in the annual Country Reports on

Human Rights Practices, including the preparation and publication of the list described in subsection (a)(1) of that section.

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

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

(e) AUTHORIZATION OF APPROPRIATIONS TO PRESIDENT.—

(1) FOREIGN VICTIM ASSISTANCE.—To carry out the purposes of section 106, there are authorized to be appropriated to

29

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

for fiscal year 2002.

(2) ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM

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

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

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

(f) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF

LABOR.—To carry out the purposes of section 107(b), there are authorized to be appropriated to the Secretary of Labor $5,000,000 for

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

DIVISION B—VIOLENCE AGAINST

WOMEN ACT OF 2000

SEC. 1001. SHORT TITLE.

This division may be cited as the ‘‘Violence Against Women Act

of 2000’’.

SEC. 1002. DEFINITIONS.

In this division—

(1) the term ‘‘domestic violence’’ has the meaning given the

term in section 2003 of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2); and

(2) the term ‘‘sexual assault’’ has the meaning given the

term in section 2003 of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2).

SEC. 1003. ACCOUNTABILITY AND OVERSIGHT.

(a) REPORT BY GRANT RECIPIENTS.—The Attorney General or

Secretary of Health and Human Services, as applicable, shall require grantees under any program authorized or reauthorized by

this division or an amendment made by this division to report on

the effectiveness of the activities carried out with amounts made

available to carry out that program, including number of persons

served, if applicable, numbers of persons seeking services who could

not be served and such other information as the Attorney General

or Secretary may prescribe.

(b) REPORT TO CONGRESS.—The Attorney General or Secretary

of Health and Human Services, as applicable, shall report biennially to the Committees on the Judiciary of the House of Representatives and the Senate on the grant programs described in subsection

(a), including the information contained in any report under that

subsection.

TITLE I—STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE

AGAINST WOMEN

SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION

ORDERS.

(a) IN GENERAL.—Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is

amended—

30

(1) in the heading, by adding ‘‘AND ENFORCEMENT OF

PROTECTION ORDERS’’ at the end;

(2) in section 2101(b)—

(A) in paragraph (6), by inserting ‘‘(including juvenile

courts)’’ after ‘‘courts’’; and

(B) by adding at the end the following:

‘‘(7) To provide technical assistance and computer and

other equipment to police departments, prosecutors, courts, and

tribal jurisdictions to facilitate the widespread enforcement of

protection orders, including interstate enforcement, enforcement

between States and tribal jurisdictions, and enforcement between tribal jurisdictions.’’; and

(3) in section 2102—

(A) in subsection (b)—

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

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

end and inserting ‘‘, including the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions);’’; and

(iii) by adding at the end the following:

‘‘(3) have established cooperative agreements or can demonstrate effective ongoing collaborative arrangements with

neighboring jurisdictions to facilitate the enforcement of protection orders from other States and jurisdictions (including tribal

jurisdictions); and

‘‘(4) in applications describing plans to further the purposes

stated in paragraph (4) or (7) of section 2101(b), will give priority to using the grant to develop and install data collection

and communication systems, including computerized systems,

and training on how to use these systems effectively to link police, prosecutors, courts, and tribal jurisdictions for the purpose

of identifying and tracking protection orders and violations of

protection orders, in those jurisdictions where such systems do

not exist or are not fully effective.’’; and

(B) by adding at the end the following:

‘‘(c) DISSEMINATION OF INFORMATION.—The Attorney General

shall annually compile and broadly disseminate (including through

electronic publication) information about successful data collection

and communication systems that meet the purposes described in

this section. Such dissemination shall target States, State and local

courts, Indian tribal governments, and units of local government.’’.

(b) PROTECTION ORDERS.—

(1) FILING COSTS.—Section 2006 of part T of title I of the

Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3796gg–5) is amended—

(A) in the heading, by striking ‘‘FILING’’ and inserting

‘‘AND PROTECTION ORDERS’’ after ‘‘CHARGES’’;

(B) in subsection (a)—

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

‘‘(1) certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor

or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protection order, or a

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

31

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

costs associated with the filing of criminal charges against the

offender, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for

a protection order, or witness subpoena, whether issued inside

or outside the State, tribal, or local jurisdiction; or’’; and

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

inserting ‘‘2 years after the date of enactment of the Violence Against Women Act of 2000’’; and

(C) by adding at the end the following:

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

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

Code.’’.

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

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

amended—

(A) in subsection (c), by striking paragraph (4) and inserting the following:

‘‘(4) certify that their laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor

or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protection order, or a

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

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

costs associated with the filing of criminal charges against the

offender, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for

a protection order, or witness subpoena, whether issued inside

or outside the State, tribal, or local jurisdiction.’’; and

(B) by adding at the end the following:

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

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

Code.’’.

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

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

1(a)(1)(B)) is amended by inserting before the semicolon the following: ‘‘or, in the case of the condition set forth in subsection

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

date of enactment of the Violence Against Women Act of 2000’’.

(4) REGISTRATION FOR PROTECTION ORDERS.—Section 2265

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

end the following:

‘‘(d) NOTIFICATION AND REGISTRATION.—

‘‘(1) NOTIFICATION.—A State or Indian tribe according full

faith and credit to an order by a court of another State or Indian tribe shall not notify or require notification of the party

against whom a protection order has been issued that the protection order has been registered or filed in that enforcing State

or tribal jurisdiction unless requested to do so by the party protected under such order.

‘‘(2) NO PRIOR REGISTRATION OR FILING AS PREREQUISITE

FOR ENFORCEMENT.—Any protection order that is otherwise consistent with this section shall be accorded full faith and credit,

32

notwithstanding failure to comply with any requirement that

the order be registered or filed in the enforcing State or tribal

jurisdiction.

‘‘(e) TRIBAL COURT JURISDICTION.—For purposes of this section,

a tribal court shall have full civil jurisdiction to enforce protection

orders, including authority to enforce any orders through civil contempt proceedings, exclusion of violators from Indian lands, and

other appropriate mechanisms, in matters arising within the authority of the tribe.’’.

(c) TECHNICAL AMENDMENT.—The table of contents for title I of

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

3711 et seq.) is amended in the item relating to part U, by adding

‘‘AND ENFORCEMENT OF PROTECTION ORDERS’’ at the end.

SEC. 1102. ROLE OF COURTS.

(a) COURTS AS ELIGIBLE STOP SUBGRANTEES.—Part T of title

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

U.S.C. 3796gg et seq.) is amended—

(1) in section 2001—

(A) in subsection (a), by striking ‘‘Indian tribal governments,’’ and inserting ‘‘State and local courts (including juvenile courts), Indian tribal governments, tribal courts,’’;

and

(B) in subsection (b)—

(i) in paragraph (1), by inserting ‘‘, judges, other

court personnel,’’ after ‘‘law enforcement officers’’;

(ii) in paragraph (2), by inserting ‘‘, judges, other

court personnel,’’ after ‘‘law enforcement officers’’; and

(iii) in paragraph (3), by inserting ‘‘, court,’’ after

‘‘police’’; and

(2) in section 2002—

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

courts (including juvenile courts),’’ after ‘‘States,’’ the second place it appears;

(B) in subsection (c), by striking paragraph (3) and inserting the following:

‘‘(3) of the amount granted—

‘‘(A) not less than 25 percent shall be allocated to police

and not less than 25 percent shall be allocated to prosecutors;

‘‘(B) not less than 30 percent shall be allocated to victim services; and

‘‘(C) not less than 5 percent shall be allocated for State

and local courts (including juvenile courts); and’’; and

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

enforcement,’’.

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

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

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

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

governments,’’;

(2) in subsection (b)—

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

33

(B) in paragraph (2), by striking ‘‘policies and’’ and inserting ‘‘policies, educational programs, and’’;

(C) in paragraph (3), by inserting ‘‘parole and probation officers,’’ after ‘‘prosecutors,’’; and

(D) in paragraph (4), by inserting ‘‘parole and probation officers,’’ after ‘‘prosecutors,’’;

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

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

and

(4) by adding at the end the following:

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

of the total amount made available for grants under this section for

each fiscal year shall be available for grants to Indian tribal governments.’’.

SEC. 1103. REAUTHORIZATION OF STOP GRANTS.

(a) REAUTHORIZATION.—Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))

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

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

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

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

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

amended—

(1) in section 2001—

(A) in subsection (b)—

(i) in paragraph (5), by striking ‘‘racial, cultural,

ethnic, and language minorities’’ and inserting ‘‘underserved populations’’;

(ii) in paragraph (6), by striking ‘‘and’’ at the end;

(iii) in paragraph (7), by striking the period at the

end and inserting a semicolon; and

(iv) by adding at the end the following:

‘‘(8) supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by State funds, to coordinate the response of State law enforcement agencies, prosecutors, courts, victim services agencies, and other State agencies and departments, to violent crimes against women, including the crimes of sexual assault, domestic violence, and dating

violence;

‘‘(9) training of sexual assault forensic medical personnel

examiners in the collection and preservation of evidence, analysis, prevention, and providing expert testimony and treatment

of trauma related to sexual assault;’’; and

(B) by adding at the end the following:

‘‘(c) STATE COALITION GRANTS.—

‘‘(1) PURPOSE.—The Attorney General shall award grants to

each State domestic violence coalition and sexual assault coalition for the purposes of coordinating State victim services activities, and collaborating and coordinating with Federal, State,

and local entities engaged in violence against women activities.

‘‘(2) GRANTS TO STATE COALITIONS.—The Attorney General

shall award grants to—

‘‘(A) each State domestic violence coalition, as determined by the Secretary of Health and Human Services

34

through the Family Violence Prevention and Services Act

(42 U.S.C. 10410 et seq.); and

‘‘(B) each State sexual assault coalition, as determined

by the Center for Injury Prevention and Control of the Centers for Disease Control and Prevention under the Public

Health Service Act (42 U.S.C. 280b et seq.).

‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Receipt of an award

under this subsection by each State domestic violence and sexual assault coalition shall not preclude the coalition from receiving additional grants under this part to carry out the purposes described in subsection (b).’’;

(2) in section 2002(b)—

(A) by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively;

(B) in paragraph (1), by striking ‘‘4 percent’’ and inserting ‘‘5 percent’’;

(C) in paragraph (5), as redesignated, by striking

‘‘$500,000’’ and inserting ‘‘$600,000’’; and

(D) by inserting after paragraph (1) the following:

‘‘(2) 2.5 percent shall be available for grants for State domestic violence coalitions under section 2001(c), with the coalition for each State, the coalition for the District of Columbia,

the coalition for the Commonwealth of Puerto Rico, and the coalition for the combined Territories of the United States, each receiving an amount equal to 1⁄54 of the total amount made available under this paragraph for each fiscal year;

‘‘(3) 2.5 percent shall be available for grants for State sexual assault coalitions under section 2001(c), with the coalition

for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, and the coalition

for the combined Territories of the United States, each receiving

an amount equal to 1⁄54 of the total amount made available

under this paragraph for each fiscal year;

‘‘(4) 1⁄54 shall be available for the development and operation of nonprofit tribal domestic violence and sexual assault

coalitions in Indian country;’’;

(3) in section 2003, by striking paragraph (7) and inserting

the following:

‘‘(7) the term ‘underserved populations’ includes populations underserved because of geographic location (such as

rural isolation), underserved racial and ethnic populations,

populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any

other population determined to be underserved by the State

planning process in consultation with the Attorney General;’’

and

(4) in section 2004(b)(3), by inserting ‘‘, and the membership of persons served in any underserved population’’ before

the semicolon.

SEC. 1104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST

POLICIES.

Section 1001(a) of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking

paragraph (19) and inserting the following:

35

‘‘(19) There is authorized to be appropriated to carry out part U $65,000,000 for each of fiscal years 2001 through 2005.’’.

SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND

CHILD ABUSE ENFORCEMENT GRANTS.

Section 40295(c) of the Violence Against Women Act of 1994 (42

U.S.C. 13971(c)) is amended—

(1) by striking paragraph (1) and inserting the following:

‘‘(1) IN GENERAL.—There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001

through 2005.’’; and

(2) by adding at the end the following:

‘‘(3) ALLOTMENT FOR INDIAN TRIBES.—Not less than 5 percent of the total amount made available to carry out this section

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

governments.’’.

SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

(a) REAUTHORIZATION.—Section 40603 of the Violence Against

Women Act of 1994 (42 U.S.C. 14032) is amended to read as follows:

‘‘SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

‘‘There is authorized to be appropriated to carry out this subtitle

$3,000,000 for each of fiscal years 2001 through 2005.’’.

(b) TECHNICAL AMENDMENT.—Section 40602(a) of the Violence

Against Women Act of 1994 (42 U.S.C. 14031 note) is amended by

inserting ‘‘and implement’’ after ‘‘improve’’.

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

(a) INTERSTATE DOMESTIC VIOLENCE.—Section 2261 of title 18,

United States Code, is amended by striking subsection (a) and inserting the following:

‘‘(a) OFFENSES.— ‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A person who

travels in interstate or foreign commerce or enters or leaves Indian country with the intent to kill, injure, harass, or intimidate a spouse or intimate partner, and who, in the course of or

as a result of such travel, commits or attempts to commit a

crime of violence against that spouse or intimate partner, shall

be punished as provided in subsection (b).

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

spouse or intimate partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to

facilitate such conduct or travel, commits or attempts to commit

a crime of violence against that spouse or intimate partner,

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

(b) INTERSTATE STALKING.—

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

Code, is amended to read as follows:

‘‘§ 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

36

kill, injure, harass, or intimidate another person, and in the

course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, that person, a member of the immediate family (as defined in section

115) of that person, or the spouse or intimate partner of that

person; or

‘‘(2) with the intent—

‘‘(A) to kill or injure a person in another State or tribal

jurisdiction or within the special maritime and territorial

jurisdiction of the United States; or

‘‘(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death

of, or serious bodily injury to—

‘‘(i) that person;

‘‘(ii) a member of the immediate family (as defined

in section 115) of that person; or

‘‘(iii) a spouse or intimate partner of that person;

uses the mail or any facility of interstate or foreign commerce

to engage in a course of conduct that places that person in reasonable fear of the death of, or serious bodily injury to, any of

the persons described in clauses (i) through (iii);

shall be punished as provided in section 2261(b).’’.

(2) AMENDMENT OF FEDERAL SENTENCING GUIDELINES.— (A) IN GENERAL.—Pursuant to its authority under section 994 of title 28, United States Code, the United States

Sentencing Commission shall amend the Federal Sentencing Guidelines to reflect the amendment made by this

subsection.

(B) FACTORS FOR CONSIDERATION.—In carrying out

subparagraph (A), the Commission shall consider—

(i) whether the Federal Sentencing Guidelines relating to stalking offenses should be modified in light

of the amendment made by this subsection; and

(ii) whether any changes the Commission may

make to the Federal Sentencing Guidelines pursuant to

clause (i) should also be made with respect to offenses

under chapter 110A of title 18, United States Code.

(c) INTERSTATE VIOLATION OF PROTECTION ORDER.—Section

2262 of title 18, United States Code, is amended by striking subsection (a) and inserting the following:

‘‘(a) OFFENSES.—

‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A person who

travels in interstate or foreign commerce, or enters or leaves Indian country, with the intent to engage in conduct that violates

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

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

in the jurisdiction in which the order was issued, and subsequently engages in such conduct, shall be punished as provided

in subsection (b).

‘‘(2) CAUSING TRAVEL OF VICTIM.—A person who causes another person to travel in interstate or foreign commerce or to

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

37

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

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

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the State or tribal jurisdiction in which the injury occurred

or where the victim resides.

‘‘(8) STATE.—The term ‘State’ includes a State of the United

States, the District of Columbia, and a commonwealth, territory, or possession of the United States.

‘‘(9) TRAVEL IN INTERSTATE OR FOREIGN COMMERCE.—The

term ‘travel in interstate or foreign commerce’ does not include

travel from 1 State to another by an individual who is a member of an Indian tribe and who remains at all times in the territory of the Indian tribe of which the individual is a member.’’.

SEC. 1108. SCHOOL AND CAMPUS SECURITY.

(a) GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN ON

CAMPUS.—Section 826 of the Higher Education Amendments of

1998 (20 U.S.C. 1152) is amended—

(1) in paragraphs (2), (6), (7), and (9) of subsection (b), by

striking ‘‘and domestic violence’’ and inserting ‘‘domestic violence, and dating violence’’;

(2) in subsection (c)(2)(B), by striking ‘‘and domestic violence’’ and inserting ‘‘, domestic violence and dating violence’’;

(3) in subsection (f)—

(A) by redesignating paragraphs (1), (2), and (3) as

paragraphs (2), (3), and (4), respectively;

(B) by inserting before paragraph (2) (as redesignated

by subparagraph (A)) the following:

‘‘(1) the term ‘dating violence’ means violence committed by

a person—

‘‘(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and

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

determined based on a consideration of the following factors:

‘‘(i) the length of the relationship;

‘‘(ii) the type of relationship; and

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

(C) in paragraph (2) (as redesignated by subparagraph

(A)), by inserting ‘‘, dating’’ after ‘‘domestic’’ each place the

term appears; and

(D) in paragraph (4) (as redesignated by subparagraph

(A))—

(i) by inserting ‘‘or a public, nonprofit organization

acting in a nongovernmental capacity’’ after ‘‘organization’’;

(ii) by inserting ‘‘, dating violence’’ after ‘‘assists

domestic violence’’;

(iii) by striking ‘‘or domestic violence’’ and inserting ‘‘, domestic violence or dating violence’’; and

(iv) by inserting ‘‘dating violence,’’ before ‘‘stalking,’’; and

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

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

years’’ and inserting ‘‘each of fiscal years 2001 through 2005’’.

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

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

amended by inserting after part Z the following new part:

39

‘‘PART AA—MATCHING GRANT PROGRAM FOR

SCHOOL SECURITY

‘‘SEC. 2701. PROGRAM AUTHORIZED.

‘‘(a) IN GENERAL.—The Attorney General is authorized to make

grants to States, units of local government, and Indian tribes to provide improved security, including the placement and use of metal

detectors and other deterrent measures, at schools and on school

grounds.

‘‘(b) USES OF FUNDS.—Grants awarded under this section shall

be distributed directly to the State, unit of local government, or Indian tribe, and shall be used to improve security at schools and on

school grounds in the jurisdiction of the grantee through one or

more of the following:

‘‘(1) Placement and use of metal detectors, locks, lighting,

and other deterrent measures.

‘‘(2) Security assessments.

‘‘(3) Security training of personnel and students.

‘‘(4) Coordination with local law enforcement.

‘‘(5) Any other measure that, in the determination of the Attorney General, may provide a significant improvement in security.

‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding grants under

this part, the Attorney General shall give preferential consideration,

if feasible, to an application from a jurisdiction that has a demonstrated need for improved security, has a demonstrated need for

financial assistance, and has evidenced the ability to make the improvements for which the grant amounts are sought.

‘‘(d) MATCHING FUNDS.—

‘‘(1) The portion of the costs of a program provided by a

grant under subsection (a) may not exceed 50 percent.

‘‘(2) Any funds appropriated by Congress for the activities

of any agency of an Indian tribal government or the Bureau of

Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a

matching requirement funded under this subsection.

‘‘(3) The Attorney General may provide, in the guidelines

implementing this section, for the requirement of paragraph (1)

to be waived or altered in the case of a recipient with a financial need for such a waiver or alteration.

‘‘(e) EQUITABLE DISTRIBUTION.—In awarding grants under this

part, the Attorney General shall ensure, to the extent practicable, an

equitable geographic distribution among the regions of the United

States and among urban, suburban, and rural areas.

‘‘(f) ADMINISTRATIVE COSTS.—The Attorney General may reserve

not more than 2 percent from amounts appropriated to carry out

this part for administrative costs.

‘‘SEC. 2702. APPLICATIONS.

‘‘(a) IN GENERAL.—To request a grant under this part, the chief

executive of a State, unit of local government, or Indian tribe shall

submit an application to the Attorney General at such time, in such

manner, and accompanied by such information as the Attorney General may require. Each application shall—

‘‘(1) include a detailed explanation of—

40

‘‘(A) the intended uses of funds provided under the

grant; and

‘‘(B) how the activities funded under the grant will

meet the purpose of this part; and

‘‘(2) be accompanied by an assurance that the application

was prepared after consultation with individuals not limited to

law enforcement officers (such as school violence researchers,

child psychologists, social workers, teachers, principals, and

other school personnel) to ensure that the improvements to be

funded under the grant are—

‘‘(A) consistent with a comprehensive approach to preventing school violence; and

‘‘(B) individualized to the needs of each school at which

those improvements are to be made.

‘‘(b) GUIDELINES.—Not later than 90 days after the date of the

enactment of this part, the Attorney General shall promulgate

guidelines to implement this section (including the information that

must be included and the requirements that the States, units of

local government, and Indian tribes must meet) in submitting the

applications required under this section.

‘‘SEC. 2703. ANNUAL REPORT TO CONGRESS.

‘‘Not later than November 30th of each year, the Attorney General shall submit a report to the Congress regarding the activities

carried out under this part. Each such report shall include, for the

preceding fiscal year, the number of grants funded under this part,

the amount of funds provided under those grants, and the activities

for which those funds were used.

‘‘SEC. 2704. DEFINITIONS.

‘‘For purposes of this part—

‘‘(1) the term ‘school’ means a public elementary or secondary school;

‘‘(2) the term ‘unit of local government’ means a county,

municipality, town, township, village, parish, borough, or other

unit of general government below the State level; and

‘‘(3) the term ‘Indian tribe’ has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).

‘‘SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this part

$30,000,000 for each of fiscal years 2001 through 2003.’’.

SEC. 1109. DATING VIOLENCE.

(a) DEFINITIONS.—

(1) SECTION 2003.—Section 2003 of title I of the Omnibus

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

2) is amended—

(A) in paragraph (8), by striking the period at the end

and inserting ‘‘; and’’; and

(B) by adding at the end the following:

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

a person—

‘‘(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and

41

‘‘(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’’.

42

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

43

input from and in collaboration with a State, local, or tribal

domestic violence or sexual assault program or coalition, as

well as appropriate State and local law enforcement officials;

(3) any person or organization providing legal assistance

through a program funded under subsection (c) has informed

and will continue to inform State, local, or tribal domestic violence or sexual assault programs and coalitions, as well as appropriate State and local law enforcement officials of their

work; and

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

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

child sexual abuse is an issue.

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

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

sexual assault, and on evaluation research.

(f) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001

through 2005.

(2) ALLOCATION OF FUNDS.—

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

under this subsection in each fiscal year, not less than 5

percent shall be used for grants for programs that assist

victims of domestic violence, stalking, and sexual assault

on lands within the jurisdiction of an Indian tribe.

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

made available under this subsection in each fiscal year,

not less than 25 percent shall be used for direct services,

training, and technical assistance to support projects focused solely or primarily on providing legal assistance to

victims of sexual assault.

(3) NONSUPPLANTATION.—Amounts made available under

this section shall be used to supplement and not supplant other

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

of this section.

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

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

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

read as follows:

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

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

through 2005.’’.

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

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

amended—

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

any fiscal year’’ and all that follows and inserting the following: ‘‘and available for grants to States under this subsection for any fiscal year—

‘‘(1) Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than 1⁄8 of 1 percent of the

44

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

year for which the allotment is made; and

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

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

same ratio to such remaining funds as the population of such

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

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

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

(3) by adding at the end the following:

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

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

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

Title III of the Family Violence Prevention and Services Act (42

U.S.C. 10401 et seq.) is amended by adding at the end the following:

‘‘SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

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

section to carry out programs to provide assistance to individuals,

and their dependents—

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

other housing assistance, as a result of fleeing a situation of domestic violence; and

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

insufficient.

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

section may include—

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

such as payment of security deposits and other costs incidental

to relocation to transitional housing, in cases in which assistance described in this paragraph is necessary to prevent homelessness because an individual or dependent is fleeing a situation of domestic violence; and

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

dependent who is fleeing a situation of domestic violence to locate and secure permanent housing, and to integrate the individual or dependent into a community, such as transportation,

counseling, child care services, case management, employment

counseling, and other assistance.

‘‘(c) TERM OF ASSISTANCE.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), an individual

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

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

may waive the restrictions of paragraph (1) for up to an additional 6-month period with respect to any individual (and dependents of the individual) who has made a good-faith effort to

acquire permanent housing and has been unable to acquire the

housing.

‘‘(d) REPORTS.—

‘‘(1) REPORT TO SECRETARY.—

45

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

under this section shall annually prepare and submit to the

Secretary a report describing the number of individuals

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

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

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

provided to each individual or dependent assisted

under this section;

‘‘(ii) the number of months each individual or dependent received the assistance;

‘‘(iii) the number of individuals and dependents

who were eligible to receive the assistance, and to

whom the entity could not provide the assistance solely

due to a lack of available housing; and

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

individual or dependent assisted under this section.

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

prepare and submit to the Committee on the Judiciary of the

House of Representatives and the Committee on the Judiciary

of the Senate a report that contains a compilation of the information contained in reports submitted under paragraph (1).

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

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

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

monitoring, and administrative costs under this section.

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

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

year 2001.’’.

SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

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

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

inserting the following:

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

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

through 2005.’’.

SEC. 1205. FEDERAL VICTIMS COUNSELORS.

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

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

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

of fiscal years 2001 through 2005.’’.

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

WOMEN.

(a) IN GENERAL.—The Attorney General shall conduct a national study to identify State laws that address discrimination

against victims of domestic violence and sexual assault related to

issuance or administration of insurance policies.

(b) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Attorney General shall submit to Congress a report

on the findings and recommendations of the study required by subsection (a).

46

SEC. 1207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST

WOMEN.

The Attorney General shall—

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

violence, stalking, or sexual assault; and

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

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

that survey, which report shall include the recommendations of

the Attorney General to assist employers and employees affected

in the workplace by incidents of domestic violence, stalking, and

sexual assault.

SEC. 1208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS

OF VIOLENCE AGAINST WOMEN.

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

(1) conduct a national study to identify State laws that address the separation from employment of an employee due to

circumstances directly resulting from the experience of domestic

violence by the employee and circumstances governing that receipt (or nonreceipt) by the employee of unemployment compensation based on such separation; and

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

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

study, together with any recommendations based on that study.

SEC. 1209. ENHANCING PROTECTIONS FOR OLDER AND DISABLED

WOMEN FROM DOMESTIC VIOLENCE AND SEXUAL ASSAULT.

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

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

adding at the end the following:

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

and Sexual Assault Against Older or Disabled Individuals

‘‘SEC. 40801. DEFINITIONS.

‘‘In this subtitle:

‘‘(1) IN GENERAL.—The terms ‘elder abuse, neglect, and exploitation’, and ‘older individual’ have the meanings given the

terms in section 102 of the Older Americans Act of 1965 (42

U.S.C. 3002).

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

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

Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3796gg–2).

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

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

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

2).

47

‘‘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 sub- title $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;

48

(2) the extent to which the proposed supervised visitation

programs and services serve underserved populations (as defined in section 2003 of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2));

(3) with respect to an applicant for a contract or cooperative

agreement, the extent to which the applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental

entities in the local community served, including the State or

tribal domestic violence coalition, State or tribal sexual assault

coalition, local shelters, and programs for domestic violence and

sexual assault victims; and

(4) the extent to which the applicant demonstrates coordination and collaboration with State and local court systems, including mechanisms for communication and referral.

(c) APPLICANT REQUIREMENTS.—The Attorney General shall

award grants for contracts and cooperative agreements to applicants

that—

(1) demonstrate expertise in the area of family violence, including the areas of domestic violence or sexual assault, as appropriate;

(2) ensure that any fees charged to individuals for use of

programs and services are based on the income of those individuals, unless otherwise provided by court order;

(3) demonstrate that adequate security measures, including

adequate facilities, procedures, and personnel capable of preventing violence, are in place for the operation of supervised visitation programs and services or safe visitation exchange; and

(4) prescribe standards by which the supervised visitation

or safe visitation exchange will occur.

(d) REPORTING.— (1) IN GENERAL.—Not later than 1 year after the last day

of the first fiscal year commencing on or after the date of enactment of this Act, and not later than 180 days after the last day

of each fiscal year thereafter, the Attorney General shall submit

to Congress a report that includes information concerning—

(A) the number of—

(i) individuals served and the number of individuals turned away from visitation programs and services and safe visitation exchange (categorized by State);

(ii) the number of individuals from underserved

populations served and turned away from services; and

(iii) the type of problems that underlie the need for

supervised visitation or safe visitation exchange, such

as domestic violence, child abuse, sexual assault, other

physical abuse, or a combination of such factors;

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

determinations under a separation or divorce decree or protection order, through child protection services or other social services agencies, or by any other order of a civil,

criminal, juvenile, or family court;

(C) the process by which children or abused partners

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

established under this section;

49

(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.

50

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;

51

‘‘(5) education and training programs for students and

campus personnel designed to reduce the incidence of sexual assault at colleges and universities;

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

facilitate rapes or sexual assaults; and

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

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

awareness in underserved communities and awareness among

individuals with disabilities (as defined in section 3 of the

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

‘‘(b) COLLECTION AND DISSEMINATION OF INFORMATION ON SEXUAL ASSAULT.—The Secretary shall, through the National Resource

Center on Sexual Assault established under the National Center for

Injury Prevention and Control at the Centers for Disease Control

and Prevention, provide resource information, policy, training, and

technical assistance to Federal, State, local, and Indian tribal agencies, as well as to State sexual assault coalitions and local sexual

assault programs and to other professionals and interested parties

on issues relating to sexual assault, including maintenance of a central resource library in order to collect, prepare, analyze, and disseminate information and statistics and analyses thereof relating to

the incidence and prevention of sexual assault.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

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

carry out this section $80,000,000 for each of fiscal years 2001

through 2005.

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

amount made available under this subsection in each fiscal

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

such amount shall be available for allotment under subsection

(b).

‘‘(d) LIMITATIONS.—

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

States under this section shall be used to supplement and not

supplant other Federal, State, and local public funds expended

to provide services of the type described in subsection (a).

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

the amount received by the State under this section for each fiscal year for surveillance studies or prevalence studies.

‘‘(3) ADMINISTRATION.—A State may not use more than 5

percent of the amount received by the State under this section

for each fiscal year for administrative expenses.’’.

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

of 1994 (108 Stat. 1920), and the amendment made by such section,

is repealed.

SEC. 1402. EDUCATION AND TRAINING TO END VIOLENCE AGAINST

AND ABUSE OF WOMEN WITH DISABILITIES.

(a) IN GENERAL.—The Attorney General, in consultation with

the Secretary of Health and Human Services, may award grants to

States, units of local government, Indian tribal governments, and

nongovernmental private entities to provide education and technical

assistance for the purpose of providing training, consultation, and

information on domestic violence, stalking, and sexual assault

against women who are individuals with disabilities (as defined in

52

section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.

12102)).

(b) PRIORITIES.—In awarding grants under this section, the Attorney General shall give priority to applications designed to provide education and technical assistance on—

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

violence, stalking, and sexual assault experienced by women

who are individuals with disabilities;

(2) outreach activities to ensure that women who are individuals with disabilities who are victims of domestic violence,

stalking, and sexual assault receive appropriate assistance;

(3) the requirements of shelters and victim services organizations under Federal anti-discrimination laws, including the

Americans with Disabilities Act of 1990 and section 504 of the

Rehabilitation Act of 1973; and

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

accommodate the needs of individuals with disabilities in accordance with the Americans with Disabilities Act of 1990.

(c) USES OF GRANTS.—Each recipient of a grant under this section shall provide information and training to organizations and

programs that provide services to individuals with disabilities, including independent living centers, disability-related service organizations, and domestic violence programs providing shelter or related

assistance.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

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

fiscal years 2001 through 2005.

SEC. 1403. COMMUNITY INITIATIVES.

Section 318 of the Family Violence Prevention and Services Act

(42 U.S.C. 10418) is amended by striking subsection (h) and inserting the following:

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $6,000,000 for each

of fiscal years 2001 through 2005.’’.

SEC. 1404. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE

VIOLENCE AGAINST WOMEN ACT OF 1994.

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

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

and coordination with the Bureau of Justice Statistics and the

National Academy of Sciences, through its National Research

Council, to develop a research agenda based on the recommendations contained in the report entitled ‘‘Understanding

Violence Against Women’’ of the National Academy of Sciences;

and

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

Act, in consultation with the Secretary of the Department of

Health and Human Services, submit to Congress a report which

shall include—

(A) a description of the research agenda developed

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

(B) recommendations for priorities in carrying out that

agenda to most effectively advance knowledge about and

means by which to prevent or reduce violence against

women.

53

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

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

section.

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

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

(1) evaluate existing standards of training and practice for

licensed health care professionals performing sexual assault forensic examinations and develop a national recommended

standard for training;

(2) recommend sexual assault forensic examination training

for all health care students to improve the recognition of injuries suggestive of rape and sexual assault and baseline knowledge of appropriate referrals in victim treatment and evidence

collection; and

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

review, develop a recommended national protocol and establish

a mechanism for its nationwide dissemination.

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

national, State, tribal, and local experts in the area of rape and sexual assault, including rape crisis centers, State and tribal sexual

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

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

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

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

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

actions taken pursuant to subsection (a) is submitted to Congress.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

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

2001.

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

(a) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND

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

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

amended—

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

(B) by striking the period at the end of paragraph (19)

and inserting a semicolon; and

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

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

custody and visitation, including how 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

54

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.’’.

55

(d) DATING VIOLENCE.—

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

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

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

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

13992) is amended—

(A) in paragraph (10), by inserting ‘‘and dating violence (as defined in section 2003 of title I of the Omnibus

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

3996gg–2))’’ before the semicolon;

(B) in paragraph (11), by inserting ‘‘and dating violence’’ after ‘‘domestic violence’’;

(C) in paragraph (13), by inserting ‘‘and dating violence’’ after ‘‘domestic violence’’ in both places that it appears;

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

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

(E) in paragraph (18), by inserting ‘‘and dating violence’’ after ‘‘domestic violence’’.

SEC. 1407. DOMESTIC VIOLENCE TASK FORCE

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

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

adding at the end the following:

‘‘Subtitle I—Domestic Violence Task Force

‘‘SEC. 40901. TASK FORCE.

‘‘(a) ESTABLISH.—The Attorney General, in consultation with

national nonprofit, nongovernmental organizations whose primary

expertise is in domestic violence, shall establish a task force to coordinate research on domestic violence and to report to Congress on

any overlapping or duplication of efforts on domestic violence issues.

The task force shall be comprised of representatives from all Federal

agencies that fund such research.

‘‘(b) USES OF FUNDS.—Funds appropriated under this section

shall be used to—

‘‘(1) develop a coordinated strategy to strengthen research

focused on domestic violence education, prevention, and intervention strategies;

‘‘(2) track and report all Federal research and expenditures

on domestic violence; and

‘‘(3) identify gaps and duplication of efforts in domestic violence research and governmental expenditures on domestic violence issues.

‘‘(c) REPORT.—The Task Force shall report to Congress annually

on its work under subsection (b).

‘‘(d) DEFINITION.—For purposes of this section, the term ‘domestic violence’ has the meaning given such term by section 2003 of title

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

U.S.C. 3796gg–2(1)).

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $500,000 for each of fiscal years 2001 through 2004.’’.

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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:

57

‘‘(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.’’.

58

(3) FILING OF PETITIONS.—Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following:

‘‘(v) An alien who—

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

of a citizen who—

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

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

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

‘‘(cc) has subjected the alien or the alien’s child to battery or extreme cruelty in the United States; and

‘‘(II) is eligible to file a petition under clause (iii) or (iv);

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

(c) SECOND PREFERENCE IMMIGRATION STATUS FOR SELF-PETITIONERS MARRIED TO LAWFUL PERMANENT RESIDENTS.—

(1) SELF-PETITIONING SPOUSES.—Section 204(a)(1)(B)(ii) of

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

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

‘‘(ii)(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification

of the alien (and any child of the alien) if such a child has not been

classified under clause (iii) of section 203(a)(2)(A) and if the alien

demonstrates to the Attorney General that—

‘‘(aa) the marriage or the intent to marry the lawful permanent resident was entered into in good faith by the alien; and

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

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

has been battered or has been the subject of extreme cruelty perpetrated by the alien’s spouse or intended spouse.

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

paragraph is an alien—

‘‘(aa)(AA) who is the spouse of a lawful permanent resident

of the United States; or

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

permanent resident of the United States and with whom a marriage ceremony was actually performed and who otherwise

meets any applicable requirements under this Act to establish

the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such lawful permanent resident of the United States; or

‘‘(CC) who was a bona fide spouse of a lawful permanent

resident within the past 2 years and—

‘‘(aaa) whose spouse lost status within the past 2 years

due to an incident of domestic violence; or

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

termination of the marriage within the past 2 years and

battering or extreme cruelty by the lawful permanent resident spouse;

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

‘‘(cc) who is eligible to be classified as a spouse of an alien

lawfully admitted for permanent residence under section

203(a)(2)(A) or who would have been so classified but for the

59

bigamy of the lawful permanent resident of the United States

that the alien intended to marry; and

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

spouse.’’.

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

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

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

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

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

resident who within the past 2 years lost lawful permanent resident

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

of good moral character, who is eligible for classification under section 203(a)(2)(A), and who resides, or has resided in the past, with

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

the Attorney General under this subparagraph for classification of

the alien (and any child of the alien) under such section if the alien

demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the

alien’s permanent resident parent.’’.

(3) FILING OF PETITIONS.—Section 204(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is amended by adding at the end the following:

‘‘(iv) An alien who—

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

of a lawful permanent resident who—

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

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

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

‘‘(cc) has subjected the alien or the alien’s child to battery or extreme cruelty in the United States; and

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

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

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

AGE.—Section 204(a)(1) of the Immigration and Nationality Act (8

U.S.C. 1154(a)(1)) is amended—

(1) by redesignating subparagraphs (C) through (H) as subparagraphs (E) through (J), respectively;

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

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

waivable with respect to the petitioner for purposes of a determination of the petitioner’s admissibility under section 212(a) or deportability under section 237(a) shall not bar the Attorney General from

finding the petitioner to be of good moral character under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds

that the act or conviction was connected to the alien’s having been

battered or subjected to extreme cruelty.

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

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

approved before the date on which the child attained 21 years of age

shall be considered (if the child has not been admitted or approved

for lawful permanent residence by the date the child attained 21

60

years of age) a petitioner for preference status under paragraph (1),

(2), or (3) of section 203(a), whichever paragraph is applicable, with

the same priority date assigned to the self-petition filed under clause

(iv) of section 204(a)(1)(A). No new petition shall be required to be

filed.

‘‘(II) Any individual described in subclause (I) is eligible for deferred action and work authorization.

‘‘(III) Any derivative child who attains 21 years of age who is

included in a petition described in clause (ii) that was filed or approved before the date on which the child attained 21 years of age

shall be considered (if the child has not been admitted or approved

for lawful permanent residence by the date the child attained 21

years of age) a petitioner for preference status under paragraph (1),

(2), or (3) of section 203(a), whichever paragraph is applicable, with

the same priority date as that assigned to the petitioner in any petition described in clause (ii). No new petition shall be required to be

filed.

‘‘(IV) Any individual described in subclause (III) and any derivative child of a petition described in clause (ii) is eligible for deferred action and work authorization.

‘‘(ii) The petition referred to in clause (i)(III) is a petition filed

by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in

which the child is included as a derivative beneficiary.’’; and

(3) in subparagraph (J) (as so redesignated), by inserting

‘‘or in making determinations under subparagraphs (C) and

(D),’’ after ‘‘subparagraph (B),’’.

(e) ACCESS TO NATURALIZATION FOR DIVORCED VICTIMS OF

ABUSE.—Section 319(a) of the Immigration and Nationality Act (8

U.S.C. 1430(a)) is amended—

(1) by inserting ‘‘, or any person who obtained status as a

lawful permanent resident by reason of his or her status as a

spouse or child of a United States citizen who battered him or

her or subjected him or her to extreme cruelty,’’ after ‘‘United

States’’ the first place such term appears; and

(2) by inserting ‘‘(except in the case of a person who has

been battered or subjected to extreme cruelty by a United States

citizen spouse or parent)’’ after ‘‘has been living in marital

union with the citizen spouse’’.

SEC. 1504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND

SUSPENSION OF DEPORTATION UNDER THE VIOLENCE

AGAINST WOMEN ACT OF 1994.

(a) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

FOR CERTAIN NONPERMANENT RESIDENTS.—Section 240A(b)(2) of

the Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)) is

amended to read as follows:

‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR CHILD.—

‘‘(A) AUTHORITY.—The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that—

‘‘(i)(I) the alien has been battered or subjected to

extreme cruelty by a spouse or parent who is or was a

United States citizen (or is the parent of a child of a

61

United States citizen and the child has been battered

or subjected to extreme cruelty by such citizen parent);

‘‘(II) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a

lawful permanent resident (or is the parent of a child

of an alien who is or was a lawful permanent resident

and the child has been battered or subjected to extreme

cruelty by such permanent resident parent); or

‘‘(III) the alien has been battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident whom the alien intended to marry, but

whose marriage is not legitimate because of that

United States citizen’s or lawful permanent resident’s

bigamy;

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

United States for a continuous period of not less than

3 years immediately preceding the date of such application, and the issuance of a charging document for removal proceedings shall not toll the 3-year period of

continuous physical presence in the United States;

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

character during such period, subject to the provisions

of subparagraph (C);

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

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

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

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

the Attorney General exercises discretion to grant a

waiver), and has not been convicted of an aggravated

felony; and

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

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

‘‘(B) PHYSICAL PRESENCE.—Notwithstanding subsection

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

effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), an alien

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

demonstrates a connection between the absence and the battering or extreme cruelty perpetrated against the alien. No

absence or portion of an absence connected to the battering

or extreme cruelty shall count toward the 90-day or 180-day

limits established in subsection (d)(2). If any absence or aggregate absences exceed 180 days, the absences or portions

of the absences will not be considered to break the period

of continuous presence. Any such period of time excluded

from the 180-day limit shall be excluded in computing the

time during which the alien has been physically present for

purposes of the 3-year requirement set forth in section

240A(b)(2)(B) and section 244(a)(3) (as in effect before the

title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).

‘‘(C) GOOD MORAL CHARACTER.—Notwithstanding section 101(f), an act or conviction that does not bar the AttorVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00061 Fmt 6659 Sfmt 6603 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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ney General from granting relief under this paragraph by

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

General from finding the alien to be of good moral character under subparagraph (A)(i)(III) or section 244(a)(3) (as

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

of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), if the Attorney General finds that the

act or conviction was connected to the alien’s having been

battered or subjected to extreme cruelty and determines that

a waiver is otherwise warranted.

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

applications under this paragraph, the Attorney General

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

the weight to be given that evidence shall be within the sole

discretion of the Attorney General.’’.

(b) CHILDREN OF BATTERED ALIENS AND PARENTS OF BATTERED

ALIEN CHILDREN.—Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended by adding at the end the

following:

‘‘(4) CHILDREN OF BATTERED ALIENS AND PARENTS OF BAT- TERED 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 purVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00062 Fmt 6659 Sfmt 6603 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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suant to section 240(c)(6)(C)(iv). The amendments made by subsections (a) and (b) shall take effect as if included in the enactment

of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 587). Such

portions of the amendments made by subsection (b) that relate to

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

section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) shall take effect as if included in subtitle

G of title IV of the Violent Crime Control and Law Enforcement Act

of 1994 (Public Law 103–322; 108 Stat. 1953 et seq.).

SEC. 1505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS

OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL

QUALIFIED BATTERED IMMIGRANT SELF-PETITIONERS.

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

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

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

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

General has granted classification under clause (iii), (iv), or (v) of

section 204(a)(1)(A), or classification under clause (ii), (iii), or (iv)

of section 204(a)(1)(B), in any case in which there is a connection

between—

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

cruelty; and

‘‘(2) the alien’s—

‘‘(A) removal;

‘‘(B) departure from the United States;

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

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

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

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

1227(a)) is amended by inserting at the end the following:

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

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

by the criminal court record and may waive the application

of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an

alien who has been battered or subjected to extreme cruelty

and who is not and was not the primary perpetrator of violence in the relationship—

‘‘(i) upon a determination that—

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

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

protection order intended to protect the alien; or

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

was convicted of, or pled guilty to committing a

crime—

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

injury; and

‘‘(bb) where there was a connection between the crime and the alien’s having been

battered or subjected to extreme cruelty.

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

applications under this paragraph, the Attorney General

64

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

the weight to be given that evidence shall be within the sole

discretion of the Attorney General.’’.

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

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

amended by inserting ‘‘(except in a case described in section

237(a)(7) where the Attorney General exercises discretion to

grant a waiver)’’ after ‘‘237(a)(3)’’.

(c) MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF

UNITED STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS.—

(1) WAIVER OF INADMISSIBILITY.—Section 212(i)(1) of the

Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is

amended by inserting before the period at the end the following:

‘‘or, in the case of an alien granted classification under clause

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

204(a)(1)(B), the alien demonstrates extreme hardship to the

alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child’’.

(2) WAIVER OF DEPORTABILITY.—Section 237(a)(1)(H) of the

Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is

amended—

(A) in clause (i), by inserting ‘‘(I)’’ after ‘‘(i)’’;

(B) by redesignating clause (ii) as subclause (II); and

(C) by adding after clause (i) the following:

‘‘(ii) is an alien who qualifies for classification

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

clause (ii) or (iii) of section 204(a)(1)(B).’’.

(d) BATTERED IMMIGRANT WAIVER.—Section 212(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is amended—

(1) in subparagraph (A), by striking ‘‘or’’ at the end;

(2) in subparagraph (B), by adding ‘‘or’’ at the end; and

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

‘‘(C) qualifies for classification under clause (iii) or (iv)

of section 204(a)(1)(A) or classification under clause (ii) or

(iii) of section 204(a)(1)(B);’’.

(e) WAIVERS FOR VAWA ELIGIBLE BATTERED IMMIGRANTS.—

Section 212(h)(1) of the Immigration and Nationality Act (8 U.S.C.

1182(h)(1)) is amended—

(1) in subparagraph (B), by striking ‘‘and’’ and inserting

‘‘or’’; and

(2) by adding at the end the following:

‘‘(C) the alien qualifies for classification under clause

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

clause (ii) or (iii) of section 204(a)(1)(B); and’’.

(f) PUBLIC CHARGE.—Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the

following:

‘‘(p) In determining whether an alien described in subsection

(a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to receive an immigrant visa or otherwise to adjust to the status of permanent resident by reason of subsection (a)(4), the consular officer

or the Attorney General shall not consider any benefits the alien

may have received that were authorized under section 501 of the IlVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00064 Fmt 6659 Sfmt 6603 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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legal Immigration Reform and Immigrant Responsibility Act of

1996 (8 U.S.C. 1641(c)).’’.

(g) REPORT.—Not later than 6 months after the date of enactment of this Act, the Attorney General shall submit a report to the

Committees on the Judiciary of the Senate and the House of Representatives covering, with respect to fiscal year 1997 and each fiscal year thereafter—

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

or subjected to extreme cruelty who is eligible for suspension of

deportation or cancellation of removal can request to be placed,

and be placed, in deportation or removal proceedings so that

such alien may apply for suspension of deportation or cancellation of removal;

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

this policy;

(3) the number of these requests granted reported separately

for each district; and

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

Naturalization office between the date that an alien who has

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

placed in deportation or removal proceedings and the date that

the immigrant appears before an immigration judge to file an

application for suspension of deportation or cancellation of removal.

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

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

(1) IMMIGRATION AMENDMENTS.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended—

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

other alien having an approved petition for classification

under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of

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

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

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

than an alien having an approved petition for classification

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

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

not be applicable to’’.

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply to applications for adjustment of status

pending on or made on or after January 14, 1998.

(b) REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND

SUSPENSION OF DEPORTATION FOR VICTIMS OF DOMESTIC VIOLENCE.—

(1) NOT TREATING SERVICE OF NOTICE AS TERMINATING

CONTINUOUS PERIOD.—Section 240A(d)(1) of the Immigration

and Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking ‘‘when the alien is served a notice to appear under section

239(a) or’’ and inserting ‘‘(A) except in the case of an alien who

applies for cancellation of removal under subsection (b)(2),

66

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 BAT- TERED SPOUSE OR CHILD.—Section 309(c)(5)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8

U.S.C. 1101 note) is amended—

(A) by striking the subparagraph heading and inserting the following:

‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEM- PORARY PROTECTION FROM DEPORTATION AND FOR BAT- TERED 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 DOMES- TIC VIOLENCE.— (1) REMOVAL PROCEEDINGS.—

(A) IN GENERAL.—Section 240(c)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is

amended by adding at the end the following:

‘‘(iv) SPECIAL RULE FOR BATTERED SPOUSES AND

CHILDREN.—The deadline specified in subsection

(b)(5)(C) for filing a motion to reopen does not apply—

‘‘(I) if the basis for the motion is to apply for

relief under clause (iii) or (iv) of section

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

204(a)(1)(B), or section 240A(b)(2);

‘‘(II) if the motion is accompanied by a cancellation of removal application to be filed with the

Attorney General or by a copy of the self-petition

that has been or will be filed with the Immigration

and Naturalization Service upon the granting of

the motion to reopen; and

‘‘(III) if the motion to reopen is filed within 1

year of the entry of the final order of removal, except that the Attorney General may, in the Attorney

General’s discretion, waive this time limitation in

the case of an alien who demonstrates extraorVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00066 Fmt 6659 Sfmt 6603 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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dinary circumstances or extreme hardship to the

alien’s child.’’.

(B) EFFECTIVE DATE.—The amendment made by subparagraph (A) shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996 (8 U.S.C. 1229–

1229c).

(2) DEPORTATION PROCEEDINGS.— (A) IN GENERAL.—Notwithstanding any limitation imposed by law on motions to reopen or rescind deportation

proceedings under the Immigration and Nationality Act (as

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

of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)), there is no time

limit on the filing of a motion to reopen such proceedings,

and the deadline specified in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8 U.S.C.

1252b(c)(3)) does not apply—

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

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

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

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

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

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

1254(a)(3)); and

(ii) if the motion is accompanied by a suspension

of deportation application to be filed with the Attorney

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

filed with the Immigration and Naturalization Service

upon the granting of the motion to reopen.

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

motions filed by aliens who—

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

the Immigration and Nationality Act (as in effect before the title III–A effective date in section 309 of the

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

(ii) have become eligible to apply for relief under

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

clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8

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

(as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note))

as a result of the amendments made by—

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

Control and Law Enforcement Act of 1994 (Public

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

(II) this title.

SEC. 1507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE

IMMIGRATION PROVISIONS OF THE VIOLENCE AGAINST

WOMEN ACT OF 1994.

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

SELF-PETITION.—

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(1) RECLASSIFICATION.—Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as amended by section 1503(b)(3) of this title) is amended by adding at

the end the following:

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

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

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

after filing of the petition shall not adversely affect the approval of

the petition, and for approved petitions shall not preclude the classification of the eligible self-petitioning spouse or child as an immediate relative or affect the alien’s ability to adjust status under subsections (a) and (c) of section 245 or obtain status as a lawful permanent resident based on the approved self-petition under such

clauses.’’.

(2) LOSS OF STATUS.—Section 204(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as amended

by section 1503(c)(3) of this title) is amended by adding at the

end the following:

‘‘(v)(I) For the purposes of any petition filed or approved under

clause (ii) or (iii), divorce, or the loss of lawful permanent resident

status by a spouse or parent after the filing of a petition under that

clause shall not adversely affect approval of the petition, and, for an

approved petition, shall not affect the alien’s ability to adjust status

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

lawful permanent resident based on an approved self-petition under

clause (ii) or (iii).

‘‘(II) Upon the lawful permanent resident spouse or parent becoming or establishing the existence of United States citizenship

through naturalization, acquisition of citizenship, or other means,

any petition filed with the Immigration and Naturalization Service

and pending or approved under clause (ii) or (iii) on behalf of an

alien who has been battered or subjected to extreme cruelty shall be

deemed reclassified as a petition filed under subparagraph (A) even

if the acquisition of citizenship occurs after divorce or termination

of parental rights.’’.

(3) DEFINITION OF IMMEDIATE RELATIVES.—Section

201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C.

1154(b)(2)(A)(i)) is amended by adding at the end the following:

‘‘For purposes of this clause, an alien who has filed a petition

under clause (iii) or (iv) of section 204(a)(1)(A) of this Act remains an immediate relative in the event that the United States

citizen spouse or parent loses United States citizenship on account of the abuse.’’.

(b) ALLOWING REMARRIAGE OF BATTERED IMMIGRANTS.—Section 204(h) of the Immigration and Nationality Act (8 U.S.C.

1154(h)) is amended by adding at the end the following: ‘‘Remarriage of an alien whose petition was approved under section

204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or marriage of an alien described

in clause (iv) or (vi) of section 204(a)(1)(A) or in section

204(a)(1)(B)(iii) shall not be the basis for revocation of a petition approval under section 205.’’.

69

SEC. 1508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION

FOR BATTERED IMMIGRANTS.

Section 431(c)(1)(B)(iii) of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)(iii))

is amended to read as follows:

‘‘(iii) suspension of deportation under section

244(a)(3) of the Immigration and Nationality Act (as in

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

of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).’’.

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

(a) IN GENERAL.—The last sentence of the first section of Public

Law 89–732 (November 2, 1966; 8 U.S.C. 1255 note) is amended by

striking the period at the end and inserting the following: ‘‘, except

that such spouse or child who has been battered or subjected to extreme cruelty may adjust to permanent resident status under this

Act without demonstrating that he or she is residing with the

Cuban spouse or parent in the United States. In acting on applications under this section with respect to spouses or children who have

been battered or subjected to extreme cruelty, the Attorney General

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

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

shall be effective as if included in subtitle G of title IV of the Violent

Crime Control and Law Enforcement Act of 1994 (Public Law 103–

322; 108 Stat. 1953 et seq.).

SEC. 1510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL

AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND

CHILDREN.

(a) ADJUSTMENT OF STATUS OF CERTAIN NICARAGUAN AND

CUBAN BATTERED SPOUSES.—Section 202(d) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note; Public Law 105–100, as amended) is amended—

(1) in paragraph (1), by striking subparagraph (B) and inserting the following:

‘‘(B) the alien—

‘‘(i) is the spouse, child, or unmarried son or

daughter of an alien whose status is adjusted to that

of an alien lawfully admitted for permanent residence

under subsection (a), except that in the case of such an

unmarried son or daughter, the son or daughter shall

be required to establish that the son or daughter has

been physically present in the United States for a continuous period beginning not later than December 1,

1995, and ending not earlier than the date on which

the application for adjustment under this subsection is

filed; or

‘‘(ii) was, at the time at which an alien filed for

adjustment under subsection (a), the spouse or child of

an alien whose status is adjusted to that of an alien

lawfully admitted for permanent residence under subsection (a), and the spouse, child, or child of the spouse

has been battered or subjected to extreme cruelty by the

alien that filed for adjustment under subsection (a);’’;

and

70

(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 DEPORTA- TION TRANSITION RULES FOR CERTAIN BATTERED SPOUSES.—Section 309(c)(5)(C) of the Illegal Immigration and Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208;

8 U.S.C. 1101 note) (as amended by section 1506(b)(3) of this title)

is amended—

(1) in clause (i)—

(A) by striking the period at the end of subclause (VI)

(as added by section 1506(b)(3) of this title) and inserting

‘‘; or’’; and

(B) by adding at the end the following:

‘‘(VII)(aa) was the spouse or child of an alien

described in subclause (I), (II), or (V)—

‘‘(AA) at the time at which a decision is

rendered to suspend the deportation or cancel

the removal of the alien;

‘‘(BB) at the time at which the alien filed

an application for suspension of deportation or

cancellation of removal; or

‘‘(CC) at the time at which the alien registered for benefits under the settlement agreement in American Baptist Churches, et. al. v.

Thornburgh (ABC), applied for temporary protected status, or applied for asylum; and

‘‘(bb) the spouse, child, or child of the spouse

has been battered or subjected to extreme cruelty

by the alien described in subclause (I), (II), or

(V).’’; and

(2) by adding at the end the following:

‘‘(iii) CONSIDERATION OF PETITIONS.—In acting on

a petition filed under subclause (VII) of clause (i) the

provisions set forth in section 204(a)(1)(H) shall apply.

‘‘(iv) RESIDENCE WITH SPOUSE OR PARENT NOT RE- QUIRED.—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

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subsection (a), except that, in the case of such an unmarried son or daughter, the son or daughter shall be required

to establish that the son or daughter has been physically

present in the United States for a continuous period beginning not later than December 1, 1995, and ending not earlier than the date on which the application for such adjustment is filed;

‘‘(ii) at the time of filing of the application for adjustment under subsection (a), the alien is the spouse or child

of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a)

and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the individual described in subsection (a); and

‘‘(iii) in acting on applications under this section with

respect to spouses or children who have been battered or

subjected to extreme cruelty, the Attorney General shall

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

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

shall be effective as if included in the Haitian Refugee Immigration

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

105–277; 112 Stat. 2681–538).

SEC. 1512. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR

BATTERED IMMIGRANTS.

(a) LAW ENFORCEMENT AND PROSECUTION GRANTS.—Section

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

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

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

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

and sexual assault in immigration matters.’’.

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

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

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

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

victims in immigration matters’’.

(c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE 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, trafVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00071 Fmt 6659 Sfmt 6603 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
72

ficking, incest, domestic violence, sexual assault, female

genital mutilation, forced prostitution, involuntary servitude, being held hostage or being criminally restrained.

(B) All women and children who are victims of these

crimes committed against them in the United States must

be able to report these crimes to law enforcement and fully

participate in the investigation of the crimes committed

against them and the prosecution of the perpetrators of

such crimes.

(2) PURPOSE.—

(A) The purpose of this section is to create a new nonimmigrant visa classification that will strengthen the ability of law enforcement agencies to detect, investigate, and

prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes described in section

101(a)(15)(U)(iii) of the Immigration and Nationality Act

committed against aliens, while offering protection to victims of such offenses in keeping with the humanitarian interests of the United States. This visa will encourage law

enforcement officials to better serve immigrant crime victims and to prosecute crimes committed against aliens.

(B) Creating a new nonimmigrant visa classification

will facilitate the reporting of crimes to law enforcement officials by trafficked, exploited, victimized, and abused

aliens who are not in lawful immigration status. It also

gives law enforcement officials a means to regularize the

status of cooperating individuals during investigations or

prosecutions. Providing temporary legal status to aliens

who have been severely victimized by criminal activity also

comports with the humanitarian interests of the United

States.

(C) Finally, this section gives the Attorney General discretion to convert the status of such nonimmigrants to that

of permanent residents when doing so is justified on humanitarian grounds, for family unity, or is otherwise in the

public interest.

(b) ESTABLISHMENT OF HUMANITARIAN/MATERIAL WITNESS

NONIMMIGRANT CLASSIFICATION.—Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) (as amended by

section 107 of this Act) is amended—

(1) by striking ‘‘or’’ at the end of subparagraph (S);

(2) by striking the period at the end of subparagraph (T)

and inserting ‘‘; or’’; and

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

‘‘(U)(i) subject to section 214(o), an alien who files a petition for status under this subparagraph, if the Attorney

General determines that—

‘‘(I) the alien has suffered substantial physical or

mental abuse as a result of having been a victim of

criminal activity described in clause (iii);

‘‘(II) the alien (or in the case of an alien child

under the age of 16, the parent, guardian, or next

friend of the alien) possesses information concerning

criminal activity described in clause (iii);

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‘‘(III) the alien (or in the case of an alien child

under the age of 16, the parent, guardian, or next

friend of the alien) has been helpful, is being helpful,

or is likely to be helpful to a Federal, State, or local

law enforcement official, to a Federal, State, or local

prosecutor, to a Federal or State judge, to the Service,

or to other Federal, State, or local authorities investigating or prosecuting criminal activity described in

clause (iii); and

‘‘(IV) the criminal activity described in clause (iii)

violated the laws of the United States or occurred in

the United States (including in Indian country and

military installations) or the territories and possessions

of the United States;

‘‘(ii) if the Attorney General considers it necessary to

avoid extreme hardship to the spouse, the child, or, in the

case of an alien child, the parent of the alien described in

clause (i), the Attorney General may also grant status

under this paragraph based upon certification of a government official listed in clause (i)(III) that an investigation or

prosecution would be harmed without the assistance of the

spouse, the child, or, in the case of an alien child, the parent of the alien; and

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

that involving one or more of the following or any similar

activity in violation of Federal, State, or local criminal law:

rape; torture; trafficking; incest; domestic violence; sexual

assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment;

blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or

attempt, conspiracy, or solicitation to commit any of the

above mentioned crimes.’’.

(c) CONDITIONS FOR ADMISSION AND DUTIES OF THE ATTORNEY

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

section 107 of this Act) is amended by adding at the end the following new subsection:

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

VISAS.—

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

VISAS.—The petition filed by an alien under section

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

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

other Federal, State, or local authority investigating criminal

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

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

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

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

be helpful’’ in the investigation or prosecution of criminal activity described in section 101(a)(15)(U)(iii).

‘‘(2) NUMERICAL LIMITATIONS.—

74

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

otherwise provided status as nonimmigrants under section

101(a)(15)(U) in any fiscal year shall not exceed 10,000.

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

shall only apply to principal aliens described in section

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

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

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

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

described in subsection (a)(15)(U)—

‘‘(A) the Attorney General and other government officials, where appropriate, shall provide those aliens with referrals to nongovernmental organizations to advise the

aliens regarding their options while in the United States

and the resources available to them; and

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

aliens are in lawful temporary resident status under that

subsection, provide the aliens with employment authorization.

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

petition filed under this subsection, the consular officer or the

Attorney General, as appropriate, shall consider any credible

evidence relevant to the petition.

‘‘(5) NONEXCLUSIVE RELIEF.—Nothing in this subsection

limits the ability of aliens who qualify for status under section

101(a)(15)(U) to seek any other immigration benefit or status for

which the alien may be eligible.’’.

(d) PROHIBITION ON ADVERSE DETERMINATIONS OF ADMISSIBILITY OR DEPORTABILITY.—Section 384(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is

amended—

(1) by striking ‘‘or’’ at the end of paragraph (1)(C);

(2) by striking the comma at the end of paragraph (1)(D)

and inserting ‘‘, or’’; and

(3) by inserting after paragraph (1)(D) the following new

subparagraph:

‘‘(E) in the case of an alien applying for status under

section 101(a)(15)(U) of the Immigration and Nationality

Act, the perpetrator of the substantial physical or mental

abuse and the criminal activity,’’; and

(4) in paragraph (2), by inserting ‘‘section 101(a)(15)(U),’’

after ‘‘section 216(c)(4)(C),’’.

(e) WAIVER OF GROUNDS OF INELIGIBILITY FOR ADMISSION.—

Section 212(d) of the Immigration and Nationality Act (8 U.S.C.

1182(d)) is amended by adding at the end the following new paragraph:

‘‘(13) The Attorney General shall determine whether a ground

of inadmissibility exists with respect to a nonimmigrant described

in section 101(a)(15)(U). The Attorney General, in the Attorney General’s discretion, may waive the application of subsection (a) (other

than paragraph (3)(E)) in the case of a nonimmigrant described in

section 101(a)(15)(U), if the Attorney General considers it to be in

the public or national interest to do so.’’.

75

(f) ADJUSTMENT TO PERMANENT RESIDENT STATUS.—Section

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

the following new subsection:

‘‘(l)(1) The Attorney General may adjust the status of an alien

admitted into the United States (or otherwise provided nonimmigrant status) under section 101(a)(15)(U) to that of an alien

lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E), unless the Attorney General determines based on affirmative evidence that the alien unreasonably refused to provide assistance in a criminal investigation or prosecution, if—

‘‘(A) the alien has been physically present in the United

States for a continuous period of at least 3 years since the date

of admission as a nonimmigrant under clause (i) or (ii) of section 101(a)(15)(U); and

‘‘(B) in the opinion of the Attorney General, the alien’s continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the

public interest.

‘‘(2) An alien shall be considered to have failed to maintain continuous physical presence in the United States under paragraph

(1)(A) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days unless the absence is in order to assist in the investigation or prosecution or unless an official involved in the investigation or prosecution certifies that the absence was otherwise justified.

‘‘(3) Upon approval of adjustment of status under paragraph (1)

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

may adjust the status of or issue an immigrant visa to a spouse, a

child, or, in the case of an alien child, a parent who did not receive

a nonimmigrant visa under section 101(a)(15)(U)(ii) if the Attorney

General considers the grant of such status or visa necessary to avoid

extreme hardship.

‘‘(4) Upon the approval of adjustment of status under paragraph (1) or (3), the Attorney General shall record the alien’s lawful

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

TITLE VI—MISCELLANEOUS

SEC. 1601. NOTICE REQUIREMENTS FOR SEXUALLY VIOLENT OFFENDERS.

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

Sex Crimes Prevention Act’’.

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

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

amended by adding at the end the following:

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

‘‘(1) NOTICE BY OFFENDERS.—

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

76

in a State shall provide notice as required under State

law—

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

State at which the person is employed, carries on a vocation, or is a student; and

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

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

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

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

manner provided by State law. State procedures shall ensure that the updated information is promptly made available to a law enforcement agency having jurisdiction where

such institution is located and entered into the appropriate

State records or data system.

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

the registration information collected under paragraph (1)—

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

agency having jurisdiction where such institution is located; and

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

system.

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

educational institution to request such information from any

State.’’.

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

this Act.

(c) DISCLOSURES BY INSTITUTIONS OF HIGHER EDUCATION.—

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

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

end the following:

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

enforcement agency information provided by a State under section 170101(j) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(j)), concerning registered sex

offenders may be obtained, such as the law enforcement office

of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address.’’.

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

this Act.

(d) AMENDMENT TO FAMILY EDUCATIONAL RIGHTS AND PRIVACY

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

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

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

the following:

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

an educational institution from disclosing information provided

to the institution under section 170101 of the Violent Crime

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

concerning registered sex offenders who are required to register

under such section.

77

‘‘(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 atrisk youth and other youth who are contemplating suicide, and barriers to treatment of the youth; and

(ii) the development of model treatment programs

for the youth;

(C) include a pilot study of the outcomes of treatment

for juvenile delinquents with mental health or substance

abuse problems;

(D) include a public education approach to combat the

negative effects of the stigma of, and discrimination against

individuals with, mental health and substance abuse problems; and

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

and evaluate a mental health awareness program for

schools, communities, and families;

(3) although numerous symptoms, diagnoses, traits, characteristics, and psychosocial stressors of suicide have been investigated, no single factor or set of factors has ever come close to

predicting suicide with accuracy;

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

by Lewinsohn, Rohde, and Seeley, has shown predictors of suicide, such as a history of suicide attempts, current suicidal ideation and depression, a recent attempt or completed suicide by

a friend, and low self-esteem; and

(5) epidemiological data illustrate—

(A) the trend of suicide at younger ages as well as increases in suicidal ideation among youth in the United

States; and

(B) distinct differences in approaches to suicide by gender, with—

(i) 3 to 5 times as many females as males attempting suicide; and

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

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

study of predictors of suicide among at-risk and other youth, and

barriers that prevent the youth from receiving treatment, to faciliVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00077 Fmt 6659 Sfmt 6603 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
78

tate the development of model treatment programs and public education and awareness efforts.

(d) STUDY.—Not later than 1 year after the date of enactment

of this Act, the Secretary of Health and Human Services shall carry

out, directly or by grant or contract, a study that is designed to

identify—

(1) the characteristics of at-risk and other youth age 13

through 21 who are contemplating suicide;

(2) the characteristics of at-risk and other youth who are

younger than age 13 and are contemplating suicide; and

(3) the barriers that prevent youth described in paragraphs

(1) and (2) from receiving treatment.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may be

necessary.

SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH.

The calendar decade beginning January 1, 2001, is designated

as the ‘‘Decade of Pain Control and Research’’.

DIVISION C—MISCELLANEOUS

PROVISIONS

SEC. 2001. AIMEE’S LAW.

(a) SHORT TITLE.—This section may be cited as ‘‘Aimee’s Law’’.

(b) DEFINITIONS.—In this section:

(1) DANGEROUS SEXUAL OFFENSE.—The term ‘‘dangerous

sexual offense’’ means any offense under State law for conduct

that would constitute an offense under chapter 109A of title 18,

United States Code, had the conduct occurred in the special

maritime and territorial jurisdiction of the United States or in

a Federal prison.

(2) MURDER.—The term ‘‘murder’’ has the meaning given

the term in part I of the Uniform Crime Reports of the Federal

Bureau of Investigation.

(3) RAPE.—The term ‘‘rape’’ has the meaning given the term

in part I of the Uniform Crime Reports of the Federal Bureau

of Investigation.

(c) PENALTY.— (1) SINGLE STATE.—In any case in which a State convicts

an individual of murder, rape, or a dangerous sexual offense,

who has a prior conviction for any one of those offenses in a

State described in paragraph (3), the Attorney General shall

transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not

distributed to the State that convicted the individual of the

prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense.

(2) MULTIPLE STATES.—In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one or more of those

offenses in more than one other State described in paragraph

(3), the Attorney General shall transfer an amount equal to the

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costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that

have been allocated to but not distributed to each State that

convicted such individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of

the State that convicted that individual of the subsequent offense.

(3) STATE DESCRIBED.—A State is described in this paragraph if—

(A) the average term of imprisonment imposed by the

State on individuals convicted of the offense for which the

individual described in paragraph (1) or (2), as applicable,

was convicted by the State is less than the average term of

imprisonment imposed for that offense in all States; or

(B) with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served

less than 85 percent of the term of imprisonment to which

that individual was sentenced for the prior offense.

For purposes of subparagraph (B), in a State that has indeterminate sentencing, the term of imprisonment to which that individual was sentenced for the prior offense shall be based on

the lower of the range of sentences.

(d) STATE APPLICATIONS.—In order to receive an amount transferred under subsection (c), the chief executive of a State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may reasonably

require, which shall include a certification that the State has convicted an individual of murder, rape, or a dangerous sexual offense,

who has a prior conviction for one of those offenses in another State.

(e) SOURCE OF FUNDS.— (1) IN GENERAL.—Any amount transferred under subsection

(c) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State that convicted

such individual of the prior offense before the distribution of the

funds to the State. The Attorney General shall provide the State

with an opportunity to select the specific Federal law enforcement assistance funds to be so reduced (other than Federal

crime victim assistance funds).

(2) PAYMENT SCHEDULE.—The Attorney General, in consultation with the chief executive of the State that convicted

such individual of the prior offense, shall establish a payment

schedule.

(f) CONSTRUCTION.—Nothing in this section may be construed

to diminish or otherwise affect any court ordered restitution.

(g) EXCEPTION.—This section does not apply if the individual

convicted of murder, rape, or a dangerous sexual offense has been

released from prison upon the reversal of a conviction for an offense

described in subsection (c) and subsequently been convicted for an

offense described in subsection (c).

(h) REPORT.—The Attorney General shall—

(1) conduct a study evaluating the implementation of this

section; and

(2) not later than October 1, 2006, submit to Congress a report on the results of that study.

(i) COLLECTION OF RECIDIVISM DATA.—

80

(1) IN GENERAL.—Beginning with calendar year 2002, and

each calendar year thereafter, the Attorney General shall collect

and maintain information relating to, with respect to each

State—

(A) the number of convictions during that calendar

year for—

(i) any dangerous sexual offense;

(ii) rape; and

(iii) murder; and

(B) the number of convictions described in subparagraph (A) that constitute second or subsequent convictions

of the defendant of an offense described in that subparagraph.

(2) REPORT.—Not later than March 1, 2003, and on March

1 of each year thereafter, the Attorney General shall submit to

Congress a report, which shall include—

(A) the information collected under paragraph (1) with

respect to each State during the preceding calendar year;

and

(B) the percentage of cases in each State in which an

individual convicted of an offense described in paragraph

(1)(A) was previously convicted of another such offense in

another State during the preceding calendar year.

(j) EFFECTIVE DATE.—This section shall take effect on January

1, 2002.

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

(a) PAYMENTS.—

(1) IN GENERAL.—Subject to subsections (b) and (c), the Secretary of the Treasury shall pay each person described in paragraph (2), at the person’s election—

(A) 110 percent of compensatory damages awarded by

judgment of a court on a claim or claims brought by the

person under section 1605(a)(7) of title 28, United States

Code, plus amounts necessary to pay post-judgment interest

under section 1961 of such title, and, in the case of a claim

or claims against Cuba, amounts awarded as sanctions by

judicial order on April 18, 2000 (as corrected on June 2,

2000), subject to final appellate review of that order; or

(B) 100 percent of the compensatory damages awarded

by judgment of a court on a claim or claims brought by the

person under section 1605(a)(7) of title 28, United States

Code, plus amounts necessary to pay post-judgment interest, as provided in section 1961 of such title, and, in the

case of a claim or claims against Cuba, amounts awarded

as sanctions by judicial order on April 18, 2000 (as corrected June 2, 2000), subject to final appellate review of

that order.

Payments under this subsection shall be made promptly upon

request.

(2) PERSONS COVERED.—A person described in this paragraph is a person who—

(A)(i) as of July 20, 2000, held a final judgment for a

claim or claims brought under section 1605(a)(7) of title 28,

United States Code, against Iran or Cuba, or the right to

81

payment of an amount awarded as a judicial sanction with

respect to such claim or claims; or

(ii) filed a suit under such section 1605(a)(7) on February 17, 1999, June 7, 1999, January 28, 2000, March 15,

2000, or July 27, 2000;

(B) relinquishes all claims and rights to compensatory

damages and amounts awarded as judicial sanctions under

such judgments;

(C) in the case of payment under paragraph (1)(A), relinquishes all rights and claims to punitive damages

awarded in connection with such claim or claims; and

(D) in the case of payment under paragraph (1)(B), relinquishes all rights to execute against or attach property

that is at issue in claims against the United States before

an international tribunal, that is the subject of awards rendered by such tribunal, or that is subject to section

1610(f)(1)(A) of title 28, United States Code.

(b) FUNDING OF AMOUNTS.—

(1) JUDGMENTS AGAINST CUBA.—For purposes of funding

the payments under subsection (a) in the case of judgments and

sanctions entered against the Government of Cuba or Cuban entities, the President shall vest and liquidate up to and not exceeding the amount of property of the Government of Cuba and

sanctioned entities in the United States or any commonwealth,

territory, or possession thereof that has been blocked pursuant

to section 5(b) of the Trading with the Enemy Act (50 U.S.C.

App. 5(b)), sections 202 and 203 of the International Emergency

Economic Powers Act (50 U.S.C. 1701–1702), or any other proclamation, order, or regulation issued thereunder. For the purposes of paying amounts for judicial sanctions, payment shall

be made from funds or accounts subject to sanctions as of April

18, 2000, or from blocked assets of the Government of Cuba.

(2) JUDGMENTS AGAINST IRAN.—For purposes of funding

payments under subsection (a) in the case of judgments against

Iran, the Secretary of the Treasury shall make such payments

from amounts paid and liquidated from—

(A) rental proceeds accrued on the date of enactment of

this Act from Iranian diplomatic and consular property located in the United States; and

(B) funds not otherwise made available in an amount

not to exceed the total of the amount in the Iran Foreign

Military Sales Program account within the Foreign Military Sales Fund on the date of enactment of this Act.

(c) SUBROGATION.—Upon payment under subsection (a) with respect to payments in connection with a Foreign Military Sales Program account, the United States shall be fully subrogated, to the extent of the payments, to all rights of the person paid under that subsection against the debtor foreign state. The President shall pursue

these subrogated rights as claims or offsets of the United States in

appropriate ways, including any negotiation process which precedes

the normalization of relations between the foreign state designated

as a state sponsor of terrorism and the United States, except that

no funds shall be paid to Iran, or released to Iran, from property

blocked under the International Emergency Economic Powers Act or

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from the Foreign Military Sales Fund, until such subrogated claims

have been dealt with to the satisfaction of the United States.

(d) SENSE OF CONGRESS.—It is the sense of Congress that the

President should not normalize relations between the United States

and Iran until the claims subrogated have been dealt with to the

satisfaction of the United States.

(e) REAFFIRMATION OF AUTHORITY.—Congress reaffirms the

President’s statutory authority to manage and, where appropriate

and consistent with the national interest, vest foreign assets located

in the United States for the purposes, among other things, of assisting and, where appropriate, making payments to victims of terrorism.

(f) AMENDMENTS.—(1) Section 1610(f) of title 28, United States

Code, is amended—

(A) in paragraphs (2)(A) and (2)(B)(ii), by striking ‘‘shall’’

each place it appears and inserting ‘‘should make every effort

to’’; and

(B) by adding at the end the following new paragraph:

‘‘(3) WAIVER.—The President may waive any provision of

paragraph (1) in the interest of national security.’’.

(2) Subsections (b) and (d) of section 117 of the Treasury Department Appropriations Act, 1999 (as contained in section 101(h)

of Public Law 105–277) are repealed.

SEC. 2003. AID FOR VICTIMS OF TERRORISM.

(a) MEETING THE NEEDS OF VICTIMS OF TERRORISM OUTSIDE

THE UNITED STATES.— (1) IN GENERAL.—Section 1404B(a) of the Victims of Crime

Act of 1984 (42 U.S.C. 10603b(a)) is amended as follows:

‘‘(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE UNITED

STATES.—

‘‘(1) IN GENERAL.—The Director may make supplemental

grants as provided in 1402(d)(5) to States, victim service organizations, and public agencies (including Federal, State, or

local governments) and nongovernmental organizations that

provide assistance to victims of crime, which shall be used to

provide emergency relief, including crisis response efforts, assistance, training, and technical assistance, and ongoing assistance, including during any investigation or prosecution, to victims of terrorist acts or mass violence occurring outside the

United States who are not persons eligible for compensation

under title VIII of the Omnibus Diplomatic Security and

Antiterrorism Act of 1986.

‘‘(2) VICTIM DEFINED.—In this subsection, the term

‘victim’—

‘‘(A) means a person who is a national of the United

States or an officer or employee of the United States Government who is injured or killed as a result of a terrorist

act or mass violence occurring outside the United States;

and

‘‘(B) in the case of a person described in subparagraph

(A) who is less than 18 years of age, incompetent, incapacitated, or deceased, includes a family member or legal

guardian of that person.

‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection

shall be construed to allow the Director to make grants to any

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foreign power (as defined by section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) or to any

domestic or foreign organization operated for the purpose of engaging in any significant political or lobbying activities.’’.

(2) APPLICABILITY.—The amendment made by this subsection shall apply to any terrorist act or mass violence occurring on or after December 21, 1988, with respect to which an

investigation or prosecution was ongoing after April 24, 1996.

(3) ADMINISTRATIVE PROVISION.—Not later than 90 days

after the date of enactment of this Act, the Director shall establish guidelines under section 1407(a) of the Victims of Crime

Act of 1984 (42 U.S.C. 10604(a)) to specify the categories of organizations and agencies to which the Director may make

grants under this subsection.

(4) TECHNICAL AMENDMENT.—Section 1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended by

striking ‘‘1404(d)(4)(B)’’ and inserting ‘‘1402(d)(5)’’.

(b) AMENDMENTS TO EMERGENCY RESERVE FUND.—

(1) CAP INCREASE.—Section 1402(d)(5)(A) of the Victims of

Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended by

striking ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’.

(2) TRANSFER.—Section 1402(e) of the Victims of Crime Act

of 1984 (42 U.S.C 10601(e)) is amended by striking ‘‘in excess

of $500,000’’ and all that follows through ‘‘than $500,000’’ and

inserting ‘‘shall be available for deposit into the emergency reserve fund referred to in subsection (d)(5) at the discretion of

the Director. Any remaining unobligated sums’’.

(c) COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM.—

(1) IN GENERAL.—The Victims of Crime Act of 1984 (42

U.S.C. 10601 et seq.) is amended by inserting after section

1404B the following:

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

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) INTERNATIONAL TERRORISM.—The term ‘international

terrorism’ has the meaning given the term in section 2331 of

title 18, United States Code.

‘‘(2) NATIONAL OF THE UNITED STATES.—The term ‘national

of the United States’ has the meaning given the term in section

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

1101(a)).

‘‘(3) VICTIM.—

‘‘(A) IN GENERAL.—The term ‘victim’ means a person

who—

‘‘(i) suffered direct physical or emotional injury or

death as a result of international terrorism occurring

on or after December 21, 1988 with respect to which an

investigation or prosecution was ongoing after April 24,

1996; and

‘‘(ii) as of the date on which the international terrorism occurred, was a national of the United States or

an officer or employee of the United States Government.

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‘‘(B) INCOMPETENT, INCAPACITATED, OR DECEASED VICTIMS.—In the case of a victim who is less than 18 years of

age, incompetent, incapacitated, or deceased, a family member or legal guardian of the victim may receive the compensation under this section on behalf of the victim.

‘‘(C) EXCEPTION.—Notwithstanding any other provision

of this section, in no event shall an individual who is

criminally culpable for the terrorist act or mass violence receive any compensation under this section, either directly or

on behalf of a victim.

‘‘(b) AWARD OF COMPENSATION.—The Director may use the

emergency reserve referred to in section 1402(d)(5)(A) to carry out a

program to compensate victims of acts of international terrorism

that occur outside the United States for expenses associated with

that victimization.

‘‘(c) ANNUAL REPORT.—The Director shall annually submit to

Congress a report on the status and activities of the program under

this section, which report shall include—

‘‘(1) an explanation of the procedures for filing and processing of applications for compensation;

‘‘(2) a description of the procedures and policies instituted

to promote public awareness about the program;

‘‘(3) a complete statistical analysis of the victims assisted

under the program, including—

‘‘(A) the number of applications for compensation submitted;

‘‘(B) the number of applications approved and the

amount of each award;

‘‘(C) the number of applications denied and the reasons

for the denial;

‘‘(D) the average length of time to process an application for compensation; and

‘‘(E) the number of applications for compensation pending and the estimated future liability of the program; and

‘‘(4) an analysis of future program needs and suggested

program improvements.’’.

(2) CONFORMING AMENDMENT.—Section 1402(d)(5)(B) of the

Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is

amended by inserting ‘‘, to provide compensation to victims of

international terrorism under the program under section

1404C,’’ after ‘‘section 1404B’’.

(d) AMENDMENTS TO VICTIMS OF CRIME FUND.—Section 1402(c)

of the Victims of Crime Act 1984 (42 U.S.C. 10601(c)) is amended

by adding at the end the following: ‘‘Notwithstanding section

1402(d)(5), all sums deposited in the Fund in any fiscal year that

are not made available for obligation by Congress in the subsequent

fiscal year shall remain in the Fund for obligation in future fiscal

years, without fiscal year limitation.’’.

SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT.

(a) SHIPMENT OF INTOXICATING LIQUOR IN VIOLATION OF STATE

LAW.—The Act entitled ‘‘An Act divesting intoxicating liquors of

their interstate character in certain cases’’, approved March 1, 1913

(commonly known as the ‘‘Webb-Kenyon Act’’) (27 U.S.C. 122) is

amended by adding at the end the following:

85

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

‘‘(a) DEFINITIONS.—In this section—

‘‘(1) the term ‘attorney general’ means the attorney general

or other chief law enforcement officer of a State or the designee

thereof;

‘‘(2) the term ‘intoxicating liquor’ means any spirituous, vinous, malted, fermented, or other intoxicating liquor of any

kind;

‘‘(3) the term ‘person’ means any individual and any partnership, corporation, company, firm, society, association, joint

stock company, trust, or other entity capable of holding a legal

or beneficial interest in property, but does not include a State

or agency thereof; and

‘‘(4) the term ‘State’ means any State of the United States,

the District of Columbia, the Commonwealth of Puerto Rico, or

any territory or possession of the United States.

‘‘(b) ACTION BY STATE ATTORNEY GENERAL.—If the attorney

general has reasonable cause to believe that a person is engaged in,

or has engaged in, any act that would constitute a violation of a

State law regulating the importation or transportation of any intoxicating liquor, the attorney general may bring a civil action in accordance with this section for injunctive relief (including a preliminary or permanent injunction) against the person, as the attorney

general determines to be necessary to—

‘‘(1) restrain the person from engaging, or continuing to engage, in the violation; and

‘‘(2) enforce compliance with the State law.

‘‘(c) FEDERAL JURISDICTION.—

‘‘(1) IN GENERAL.—The district courts of the United States

shall have jurisdiction over any action brought under this section by an attorney general against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State.

‘‘(2) VENUE.—An action under this section may be brought

only in accordance with section 1391 of title 28, United States

Code, or in the district in which the recipient of the intoxicating

liquor resides or is found.

‘‘(3) FORM OF RELIEF.—An action under this section is limited to actions seeking injunctive relief (a preliminary and/or

permanent injunction).

‘‘(4) NO RIGHT TO JURY TRIAL.—An action under this section

shall be tried before the court.

‘‘(d) REQUIREMENTS FOR INJUNCTIONS AND ORDERS.—

‘‘(1) IN GENERAL.—In any action brought under this section,

upon a proper showing by the attorney general of the State, the

court may issue a preliminary or permanent injunction to restrain a violation of this section. A proper showing under this

paragraph shall require that a State prove by a preponderance

of the evidence that a violation of State law as described in subsection (b) has taken place or is taking place.

‘‘(2) ADDITIONAL SHOWING FOR PRELIMINARY INJUNCTION.—

No preliminary injunction may be granted except upon—

‘‘(A) evidence demonstrating the probability of irreparable injury if injunctive relief is not granted; and

86

‘‘(B) evidence supporting the probability of success on

the merits.

‘‘(3) NOTICE.—No preliminary or permanent injunction may

be issued under paragraph (1) without notice to the adverse

party and an opportunity for a hearing.

‘‘(4) FORM AND SCOPE OF ORDER.—Any preliminary or permanent injunction entered in an action brought under this section shall—

‘‘(A) set forth the reasons for the issuance of the order;

‘‘(B) be specific in terms;

‘‘(C) describe in reasonable detail, and not by reference

to the complaint or other document, the act or acts sought

to be restrained; and

‘‘(D) be binding upon—

‘‘(i) the parties to the action and the officers,

agents, employees, and attorneys of those parties; and

‘‘(ii) persons in active concert or participation with

the parties to the action who receive actual notice of the

order by personal service or otherwise.

‘‘(5) ADMISSIBILITY OF EVIDENCE.—In a hearing on an application for a permanent injunction, any evidence previously

received on an application for a preliminary injunction in connection with the same civil action and that would otherwise be

admissible, may be made a part of the record of the hearing on

the permanent injunction.

‘‘(e) RULES OF CONSTRUCTION.—This section shall be construed

only to extend the jurisdiction of Federal courts in connection with

State law that is a valid exercise of power vested in the States—

‘‘(1) under the twenty-first article of amendment to the Constitution of the United States as such article of amendment is

interpreted by the Supreme Court of the United States including interpretations in conjunction with other provisions of the

Constitution of the United States; and

‘‘(2) under the first section herein as such section is interpreted by the Supreme Court of the United States; but shall not

be construed to grant to States any additional power.

‘‘(f) ADDITIONAL REMEDIES.— ‘‘(1) IN GENERAL.—A remedy under this section is in addition to any other remedies provided by law.

‘‘(2) STATE COURT PROCEEDINGS.—Nothing in this section

may be construed to prohibit an authorized State official from

proceeding in State court on the basis of an alleged violation of

any State law.

‘‘SEC. 3. GENERAL PROVISIONS.

‘‘(a) EFFECT ON INTERNET TAX FREEDOM ACT.—Nothing in this

section may be construed to modify or supersede the operation of the

Internet Tax Freedom Act (47 U.S.C. 151 note).

‘‘(b) INAPPLICABILITY TO SERVICE PROVIDERS.—Nothing in this

section may be construed to—

‘‘(1) authorize any injunction against an interactive computer service (as defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)) used by another person to

engage in any activity that is subject to this Act;

‘‘(2) authorize any injunction against an electronic communication service (as defined in section 2510(15) of title 18,

87

United States Code) used by another person to engage in any

activity that is subject to this Act; or

‘‘(3) authorize an injunction prohibiting the advertising or

marketing of any intoxicating liquor by any person in any case

in which such advertising or marketing is lawful in the jurisdiction from which the importation, transportation or other conduct to which this Act applies originates.’’.

(b) EFFECTIVE DATE.—This section and the amendments made

by this section shall become effective 90 days after the date of this

enactment of this Act.

(c) STUDY.—The Attorney General shall carry out the study to

determine the impact of this section and shall submit the results of

such study not later than 180 days after the enactment of this Act.

Amend the title so as to read: ‘‘An Act to combat trafficking in

persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence

against women, and for other purposes.’’.

And the Senate agree to the same.

BENJAMIN GILMAN,

BILL GOODLING,

CHRIS SMITH,

HENRY J. HYDE,

NANCY L. JOHNSON,

SAM GEJDENSON,

TOM LANTOS,

BEN CARDIN,

Managers on the Part of the House.

From the Committee on the Judiciary:

ORRIN HATCH, STROM THURMOND,

From the Committee on Foreign Relations:

JESSE HELMS,

SAM BROWNBACK,

JOE BIDEN,

PAUL WELLSTONE,

Managers on the Part of the Senate.

(88)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 3244) an Act to combat

trafficking of persons, especially into the sex trade, slavery, and

slavery-like conditions, in the United States and countries around

the world through prevention, through prosecution and enforcement against traffickers, and through protection and assistance to

victims of trafficking, submit the following joint statement to the

House and the Senate in explanation of the effect of the action

agreed upon by the managers and recommended in the accompanying conference report:

Division A of the conference agreement is the Trafficking Victims Protection Act of 2000, an act to combat trafficking in persons,

especially into the sex trade, slavery, and involuntary servitude, in

the United States and foreign countries. Division B is the Violence

Against Women Act of 2000, an act to reauthorize federal programs

that combat violence against women, to strengthen law enforcement to reduce violence against women, to strengthen services to

victims of violence, to limit the effects of violence on children, to

strengthen education and training to combat violence against

women, to enact new procedures for the protection of battered immigrant women, and to extend the Violent Crime Reduction Trust

Fund. Division C consists of anti-crime measures including provisions to encourage States to incarcerate individuals convicted of

murder, rape, or child molestation, to facilitate recovery by victims

of terrorism against the assets of foreign entities that have been

held responsible for such terrorism; and to provide for injunctive

relief in Federal district court to enforce State laws relating to the

interstate transportation of intoxicating liquor.

CONCERNING DIVISION A

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 3244), an Act to combat

trafficking of persons, especially into the sex trade, slavery, and involuntary servitude, in the United States and foreign countries,

through prevention, through prosecution and enforcement against

traffickers, and through protection and assistance to victims of trafficking, submit the following joint statement to the House and the

Senate in explanation of the effect of the action agreed upon by the

managers and recommended in the accompanying conference report:

89

SEC. 1. SHORT TITLE; TABLE OF CONTENTS

Section 1 of the House bill states that this Act may be cited

as the Trafficking Victims Protection Act of 2000 and lists its contents. Section 1 of the Senate amendment is substantially identical

to the House provision. The conference agreement provides that

this Act may be cited as the Trafficking Victims Protection Act of

2000 and includes a table of contents.

SEC. 2. PURPOSES AND FINDINGS

Section 2 of the House bill states that the purposes of this Act

are to combat trafficking in persons, to ensure just punishment of

traffickers, and to protect their victims. Section 2 of the House bill

also includes findings to the effect that every year millions of people, predominantly women and children, are trafficked within or

across international borders; that many victims are trafficked into

the international sex industry, often through force, fraud, or coercion; that trafficking in persons is not limited to sex trafficking, but

often involves forced labor and other violations of human rights;

that trafficking is a growing transnational problem that is increasingly perpetrated by organized criminal enterprises; that existing

legislation and law enforcement in the United States and abroad

are inadequate to deter trafficking, bring traffickers to justice, and

meet the safe reintegration needs of trafficking victims; that in

some countries, anti-trafficking efforts are hindered by official indifference, corruption, and sometimes even official participation in

trafficking; that trafficking in persons is a matter of pressing international concern, and that the United States must work bilaterally

and multilaterally to abolish trafficking and protect trafficking victims. The House findings also include references to the Declaration

of Independence, the Universal Declaration of Human Rights, and

numerous treaties and other international instruments.

Section 2 of the Senate amendment contains identical purposes

and similar findings, with a more succinct set of references to

international agreements. Section 2 of the Senate amendment also

contains findings to the effect that victims of severe forms of trafficking in persons should not be inappropriately incarcerated, fined,

or otherwise penalized, and that existing United States statutes on

involuntary servitude have been narrowly construed, in the absence of a definition by Congress, to exclude certain cases in which

persons are held in a condition of servitude by nonviolent coercion.

Section 2 of the conference agreement is substantially identical

to section 2 of the Senate amendment.

SEC. 3. DEFINITIONS

Section 3 of the House bill defines certain terms used in this

Act. ‘‘Sex trafficking’’ is defined as the purchase, sale, recruitment,

harboring, transportation, transfer, or receipt of a person for the

purpose of a commercial sex act. ‘‘Severe forms of trafficking in persons’’ is defined as sex trafficking induced by force, coercion, fraud,

or deception, or involving a person under the age of 18, as well as

trafficking for the purpose of subjecting the trafficked person to involuntary servitude, slavery, or slavery-like practices by force, coercion, fraud, or deception. ‘‘Slavery-like practices’’ means induceVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00089 Fmt 6604 Sfmt 6601 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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ment of a person to perform labor or other services by force, coercion, or by any scheme, plan, or pattern to cause the person to believe that failure to perform the work will result in the infliction

of serious harm, debt bondage amounting to involuntary servitude,

or subjection to conditions so harsh or degrading as to provide a

clear indication that the person has been subjected to them by

force, fraud, or coercion. In the context of this bill, ‘‘serious harm’’

could include physical restraint that severely limits freedom of

movement. ‘‘Coercion,’’ as defined, includes the use of force, violence, and physical restraint, as well as acts calculated to have the

same effect (such as the credible threat of serious harm). The

House provision also defines ‘‘nonhumanitarian foreign assistance’’

to include certain assistance under the Foreign Assistance Act of

1961 and the Export-Import Bank Act of 1945.

Section 3 of the Senate amendment contains definitions similar

to those in the House bill, with several exceptions. The Senate provision defines ‘‘debt bondage’’ as a condition in which personal services are pledged as security for a debt but in which either the reasonable value of such services is not in fact applied to the debt or

the length and nature of such services are unlimited or undefined.

The Senate definitions do not use the term ‘‘deception’’ in the definition of severe forms of trafficking. The Senate provision omits the

House definition of ‘‘slavery-like practices’’ because this term is not

contained elsewhere in the Senate bill. Instead, the Senate provision makes clear that ‘‘involuntary servitude’’ includes a condition

of servitude induced by means of any act, scheme, plan, or pattern

intended to cause a belief that serious harm or physical restraint

would otherwise occur, or by the abuse or threatened abuse of the

legal process and also includes a definition of ‘‘coercion.’’ The Senate provision also includes definitions of ‘‘State’’ and ‘‘United

States’’ which include the District of Columbia and United States

territories and possessions. Finally, the Senate omits the definitions of ‘‘act of a severe form of trafficking’’ and ‘‘nonhumanitarian

foreign assistance’’ contained in the House bill.

Section 3 of the conference agreement is similar to the Senate

provision, except that it includes a definition of ‘‘nonhumanitarian,

nontrade-related foreign assistance’’ similar to the definition contained in the House provision, but excluding assistance under the

Export-Import Bank Act of 1945 and under title IV of chapter 2 of

part I of the Foreign Assistance Act of 1961, relating to the Overseas Private Investment Corporation. The conference agreement

also includes a definition of ‘‘coercion’’ corresponding to the definition included in 18 U.S.C. sec. 1591, added by section 12 of this

Act, which provides for a criminal offense of sex trafficking.

In various sections, the conference agreement uses more general terms such as ‘‘trafficking’’ or ‘‘trafficking in persons’’ rather

than the more limited term ‘‘severe forms of trafficking in persons.’’

In such contexts, these terms are intended to be used in a more

general sense, giving the President and other officials some degree

of discretion to apply the relevant provisions to a broader range of

actions or victims beyond those associated with severe forms of

trafficking in persons. Such discretion is particularly appropriate in

assistance to and protection of victims, because trafficked women

and children may have a compelling need for such assistance and

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protection even though they have not been subjected to severe

forms of trafficking. In this connection, the conference agreement

includes a definition of ‘‘victims of trafficking’’ that would encompass a broader class of victims in certain programs. Where, however, this Act uses the term ‘‘victims of severe forms of trafficking,’’

even in provisions related to protection and assistance, the application of such provisions is limited to such victims.

SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES

Section 4 of the House bill requires the Secretary of State to

include in the annual Country Reports a list of foreign countries

that are countries of origin, transit, or destination for a significant

number of victims of severe forms of trafficking, as well as information such as the extent to which government officials in such countries are involved in such trafficking, and an assessment of the

steps governments are taking to combat trafficking and to assist

victims of trafficking and protect their rights. Section 4 of the Senate amendment is substantially identical to the House provision,

except that it does not require a list of countries and would therefore effectively require information about severe forms of trafficking in persons to be provided in the annual Country Report for

each foreign country.

Section 4 of the conference agreement is similar to the Senate

provision except that it amends sections 116(f) and 502B of the

Foreign Assistance Act of 1961, requiring certain information on

trafficking in persons to be provided in the Country Reports. The

section as amended will limit the required reporting in the Country

Reports to severe forms of trafficking in persons, but gives the Secretary of State discretion to include such other information on trafficking as the Secretary deems appropriate. As with other human

rights violations, the extent to which trafficking in persons is discussed in the Country Report for a particular country should be

commensurate with the extent of the problem in such country.

SEC. 5. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT

TRAFFICKING

Section 5 of the House bill provides that the President shall establish an Inter-Agency Task Force to Monitor and Combat Trafficking and authorizes the establishment an Office in the State Department to provide assistance to the Task Force. Section 5 of the

Senate provision is substantially identical to the House provision,

except that it requires the Task Force, beginning in 2002, to publish an annual list of countries which do not meet the minimum

standards set forth in section 8, and authorizes interim reports

with respect to such countries. Section 5 of the conference agreement is substantially identical to the House provision, although the

conference agreement does provide in section 10 for annual and interim reports on countries whose governments do not comply with

the minimum standards. It also provides that the Task Force will

have primary responsibility for advising the Secretary of State on

preparation of the reports in section 10.

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SEC. 6. PREVENTION OF TRAFFICKING

Section 6 of the House bill charges the President, acting

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

SEC. 7. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING

Subsection 7(a) of the House bill charges the State Department

and the Agency for International Development (AID) with establishing programs and initiatives in foreign countries to assist victims of trafficking. Subsection 7(a) of the Senate amendment is

substantially identical to the House provision. Subsection 7(a) of

the conference agreement is identical to the Senate provision, except that all authorities are vested in the President.

Subsection 7(b) of the House bill directs the Attorney General,

the Secretaries of Labor and of Health and Human Services, and

the Board of Directors of the Legal Services Corporation to expand

assistance to victims of severe forms of tafficking in the United

States. The provision makes clear that for the purpose of receiving

benefits, a ‘‘victim of a severe form of trafficking’’ means only a person who has been subjected to such trafficking and who either has

not obtained the age of 15 years or is the subject of a certification

that he or she (1) is willing to assist in every reasonable way in

the investigation and prosecution of severe forms of trafficking in

persons, and (2) either has made a bona fide application for a visa

under the provisions of immigration law added by section 7(f), or

is a person whose presence in the United States the Attorney General is ensuring in order to effectuate prosecution of traffickers. In

addition, the section makes victims of severe forms of trafficking in

the United States eligible for benefits under the Crime Victims

Fund without regard to their immigration status, and allows the

Attorney General to make grants to local governments and nonprofit organizations to expand services for victims of trafficking. It

also provides trafficking victims a civil right of action against traffickers for violations of 18 U.S.C. 1589 (trafficking into slavery-like

conditions) or 1589A (sex trafficking of children or by force, fraud,

or coercion).

Subsection 7(b) of the Senate amendment is similar to the

House provision except that it does not contain the certification requirement as a condition on eligibility for benefits. It also contains

no reference to the Crime Victims Fund and does not provide a

civil right of action.

Subsection 7(b) of the conference agreement contains the certification requirement for benefit eligibility. The conference agreement, however, requires a certification only for victims who have

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attained the age of 18 years. This subsection of the conference

agreement is similar to the Senate provision in that it provides no

civil right of action. The conferees emphasize that nothing in this

Act will preclude trafficking victims from availing themselves of applicable State, local or other Federal laws in seeking compensatory

or other damages and relief in any civil proceeding. The House provision making victims eligible for benefits under the Crime Victims

Fund has been deleted as unnecessary, because current law does

not bar such victims from receiving such benefits on account of

their immigration status. The conferees expect that the Office of

Victims of Crimes will provide assistance to these victims, even

though this provision was deleted. In addition, the conferees believe that in making grants under this section, the Attorney General and other federal officials should consider whether the prospective grantee denies services to a trafficking victim solely on account of conduct incident to that person’s status as a victim.

Subsection 7(c) of the House bill requires the Attorney General

and the Secretary of State to promulgate regulations to ensure

that: (1) victims of severe forms of trafficking are provided with appropriate shelter and care while in Federal custody; (2) victims are

not jailed or fined merely because they were trafficked; (3) victims

have access to legal assistance and translation services; (4) victims

are assured continuous presence in the United States to assist in

the prosecution of traffickers; and (5) State and Justice Department personnel are trained in identifying and protecting victims of

severe forms of trafficking.

Subsection 7(c) of the Senate amendment is similar to the

House provision, with to principal exceptions. First, it does not require regulations that explicitly prohibit incarceration, fines, or

other penalties against victims on account of their having been

trafficked. Instead, it requires regulations that prohibit the detention of victims in facilities inappropriate to their status as crime

victims. Second, it requires regulations under which the Attorney

General ‘‘may’’ ensure the continued presence of a person in the

United States in order to effectuate prosecution of traffickers if the

person is both a victim and a potential witness.

Subsection 7(c) of the Senate conference agreement is substantially identical to the Senate provision. The conferees believe that

the House provision with respect to jailing, fining, or otherwise penalizing victims of serious crimes on account of their status as

crime victims or on account of conduct committed under duress incident to such status restates existing criminal law and is therefore

unnecessary. The conferees also believe that training provided to

State Department and Justice Department personnel should include methods for achieving antitrafficking objectives through nondiscriminatory application of immigration laws and others laws.

Subsection 7(d) of the House bill makes clear that nothing in

subsection (c) creates a private cause of action against the United

States or its employees. Subsection 7(d) of the Senate amendment

is identical to the House provision. Subsection 7(d) of the conference agreement is identical to both provisions.

Subsection 7(e) of the House bill makes funds derived from the

sale of assets seized from and forfeited by traffickers (pursuant to

section 12(a) of the House bill) available for the victim assistance

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under subsections (a) and (b). The Senate amendment contains no

corresponding provision. The conference agreement is identical to

the Senate amendment.

Section 7(f) of the House bill creates a new nonimmigrant ‘‘T’’

visa for certain victims of severe forms of trafficking. Eligibility

would be limited to persons who: (1) are victims of a severe form

of trafficking in persons, as defined in section 3 of the act; (2) are

in the United States or at a United States port of entry by reason

of having been trafficked here; (3) are no older than 14 years of age

or were induced to participate in the sex trade or slavery-like practices by force, coercion, fraud, or deception, did not voluntarily

agree to any arrangement including such participation, and have

complied with any reasonable request for assistance in the investigation or prosecution of trafficking acts; and (4) have a wellfounded fear of retribution involving the infliction of severe harm

upon removal from the United States or would suffer extreme

hardship in connection with the trafficking upon removal from the

United States. It also permits the Attorney General to grant a ‘‘T’’

visa if necessary to avoid extreme hardship to the victim’s spouse,

sons and daughters (who are not children), and the parents if the

victim is under 21 years old. A victim’s children who are unmarried

and under 21 years old need not establish extreme hardship to receive a ‘‘T’’ visa. It precludes anyone in this section from receiving

a ‘‘T’’ visa if there is substantial reason to believe that the person

has committed an act of a severe form of trafficking in persons. The

House provision permits the Attorney General to waive grounds of

inadmissibility, including health-related grounds, public charge,

and, with the exception of security, international child abduction,

and former citizens who renounced citizenship to avoid taxation,

any other provision of section 212(a) of the INA if the activities

rendering the alien inadmissible were caused by the trafficking. It

states that the INS is not prohibited from instituting removal proceedings against an alien admitted with a ‘‘T’’ visa for conduct committed after the alien’s admission into the United States, or for

conduct or a condition that was not disclosed to the Attorney General prior to the alien’s admission. The House provision also places

an annual cap of 5,000 on ‘‘T’’ visas for trafficking victims. Finally,

the House provision permits the Attorney General to adjust the

status of a ‘‘T’’ visa holder to that of a permanent resident if the

alien: (1) has been physically present in the United States for a

continuous period of at least 3 years since the date of admission;

(2) has throughout such period been a person of good moral character; (3) has during such period complied with any reasonable request for assistance in the investigation or prosecution of trafficking acts; and (4) has a well-founded fear of retribution involving

the infliction of severe harm upon removal from the United States,

or would suffer extreme hardship in connection with the trafficking

upon removal from the United States. It also permits the Attorney

General to adjust the status of the victim’s spouse, parents, and

married and unmarried sons and daughters, if admitted with a ‘‘T’’

visa, to that of an alien lawfully admitted for permanent residence.

An annual cap of 5,000 is placed on adjustments of status for victims. The provision also permits the Attorney General to waive

grounds of inadmissibility, including health-related grounds, public

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charge, and, with the exception of security, international child abduction, and former citizens who renounced citizenship to avoid

taxation, any other provision of section 212(a) of the INA if the activities rendering the alien inadmissible were caused by the trafficking.

Subsections 7(e) and (f) of the Senate amendment are similar

to section 7(f) of the House bill. The Senate provision allows victims who meet all other eligibility requirements for the ‘‘T’’ visa to

make a showing of ‘‘extreme hardship’’ whether or not such hardship is ‘‘in connection with the victimization.’’ The Senate provision

also makes a victim’s spouse and minor children eligible for visas

only on a showing that their presence in the United States would

be ‘‘necessary to avoid extreme hardship.’’ The Senate provision

makes a victim’s parents eligible for visas only if the victim is

under the age of 21, and provides no eligibility for a victim’s sons

and daughters who are not minor children. The Senate provision

contained no annual limitation on the number of nonimmigrant

visas or on the number of persons eligible to adjust status to permanent residence. The Senate provision allowing to waive grounds

of inadmissibility was broader than the House provision, allowing

waivers of all grounds except participation in Nazi persecution,

genocide, and related grounds.

Subsections 7(e) and (f) of the conference agreement are similar to the House bill but incorporate elements of the Senate amendment. The conferees believe that an applicant who voluntarily

agrees to be smuggled into the United States in exchange for working to pay off the smuggling fee is not eligible for the ‘‘T’’ visa, unless the applicant becomes a victim of a severe form of trafficking

in persons as defined by the Act. The conference provision requires

that a victim would face ‘‘extreme hardship involving unusual and

severe harm’’ upon removal as an element in establishing eligibility

for a visa. The conferees expect that the Immigration and Naturalization Service and the Executive Office for Immigration Review

will interpret the ‘‘extreme hardship involving unusual and severe

harm’’ to be a higher standard than just ‘‘extreme hardship.’’ The

standard shall cover those cases where a victim likely would face

genuine and serious hardship if removed from the United States,

whether or not the severe harm is physical harm or on account of

having been trafficked. The extreme hardship shall involve more

than the normal economic and social disruptions involved in deportation. The conference provision is also similar to the Senate provision in requiring a showing of extreme hardship for the admission

of a victim’s spouse and minor children and in containing no provision for admission of adult sons and daughters. The conference provision is identical to the House provision with respect to waivers

of grounds of inadmissibility.

The conference agreement limits the number of nonimmigrant

visas to 5000 per year and also contains an annual limit of 5000

on the number of ‘‘T’’ visa holders who are eligible to adjust their

status to lawful permanent residence. The conference provision also

adds a new subsection (g), directing the Immigration and Naturalization Service to report annually on whether any otherwise eligible applicant has been denied a visa or adjustment of status solely on account of the annual limitation. The conferees expect that

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this report will list the number of visa and adjustment applications

filed, the number of denials for any reason, and the number denied

on account of the annual limitation. The conferees believe that the

annual limitation of 5000 is sufficient to include all bona fide victims of severe forms of trafficking in persons who meet all other

eligibility requirements. If experience should indicate that the

number is insufficient to include all such bona fide eligible victims,

it would be appropriate for Congress to consider enacting legislation to increase the annual limitation.

SEC. 8. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING

Section 8 of the House bill establishes minimums standards

applicable to governments of countries that are countries of origin,

transit, or destination for a significant number of victims of severe

forms of trafficking in persons. The section provides that such governments should enact laws that prohibit and severely punish such

trafficking and should make serious and sustained efforts to eliminate such trafficking. The section sets forth a number of indicia of

such serious and sustained efforts, including vigorous prosecution

of offenders, protection of victims, education of the public and of potential victims, and cooperation with international efforts to stop

trafficking. Section 8 of the Senate amendment is substantially

similar to the House provision. Section 8 of the conference agreement is substantially similar to the House and Senate provisions.

The conferees do not expect that a government would be required

to fulfill all the criteria in subsection 8(b) in order to be making

‘‘serious and sustained efforts’’ to eliminate severe forms of trafficking in persons. Rather, the subsection requires only that the

Secretary consider these factors in determining whether the government is making such efforts.

SEC. 9. ASSISTANCE TO FOREIGN COUNTRIES TO MEETING MINIMUM

STANDARDS

Section 9 of the House bill authorizes the Agency for International Development to fund activities designed to help foreign

countries meet the minimum standards outlined in section 8(a) of

this Act. Such activities include, but are not limited to, assistance

in drafting anti-trafficking legislation, training law enforcement

and judicial system officials in the investigation and prosecution of

trafficking cases, and efforts by foreign governments to assist victims. Section 9 of the Senate amendment is similar to the House

provision but makes clear that such activities may be conducted

through nongovernmental or multilateral organizations and may

include the expansion of exchange programs and international visitor programs. Section 9 of the conference agreement is substantially identical to the Senate provision.

SEC. 10. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM

STANDARDS

Section 10 of the House bill requires the Secretary of State to

submit to Congress an annual report on the status of severe forms

of trafficking, consisting of a list of countries that do not meet the

minimum standards set forth in section 8 of the Act, together with

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such other information as the Secretary may wish to provide. The

section provides that the Secretary may also file interim reports.

Beginning in FY 2002, the section requires that for each government that fails to meet the minimum standards, the President

‘‘shall’’ either (a) withhold nonhumanitarian U.S. foreign assistance

to that government and direct that the U.S. executive directors of

multilateral lending instutions vote against nonhumanitarian assistance to that government during the following fiscal year; or (b)

waive these requirements if the President finds that the provision

of nonhumanitarian assistance to that country is in the national interest of the United States.

Section 10 of the Senate amendment provides that, with respect to each country that does not meet the minimum standards

set forth in section 8, the President ‘‘may’’ take any of a number

of actions, including withholding foreign assistance, instructing the

U.S. executive directors of multilateral lending institutions to vote

against loans or assistance to such countries, prohibiting arms

sales, and restricting exports to such countries.

Section 10 of the conference agreement is similar to the Senate

provision with respect to countries whose governments do not comply with the minimum standards but are making significant efforts

to bring themselves into compliance, in that is contains no provision for actions against such countries, thereby leaving the President free to take no action or to take any action that is within the

President’s discretion under current law. This section of the conference agreement is similar to the House provision only with respect to countries whose governments not only fail to comply with

the minimum standards, but also fail to make significant efforts to

comply with such standards. With respect to this small number of

truly egregious offenders, the conference agreement contains a provision similar to the House bill, but with the following additional

limitations: (1) The requirement that the President either withhold

assistance to the foreign government or waive the withholding requirement is limited to assistance which is ‘‘nonhumanitarian’’ and

also ‘‘nontrade-related.’’ (2) Similarly, the provision with respect to

international financial institutions is limited to non-humanitarian,

nontrade-related loans and other utilizations of funds. For the purposes of this provision, the conferees consider humanitarian assistance to include debt relief extended by international financial institutions to governments in order to allow such governments to meet

the basic needs of the people of their countries. (3) The President

may waive these requirements if a waiver would promote the purposes of this Act, such as in a case in which the President believes

providing assistance will cause the offending government to attempt to comply with the minimums standards. (4) The President

may also waive the requirements if for any other reason he believes

a waiver to be in the national interest. (5) The President may use

the waiver authority with respect to all assistance and extensions

of credit to a government or with respect to any subset of such assistance or extensions of credit. (6) The President must use the

waiver authority as necessary to avoid substantial adverse impact

on vulnerable populations including women and children. (7) In

lieu of notifying Congress that aid will be withdrawn or that one

of the waiver authorities granted by this section will be used, the

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President may notify Congress that the government of a country is

already subject to broad-based reductions in assistance due to

human rights violations and that no additional measures are

deemed appropriate. Finally, (8) the requirement will not go into

effect until 2003. The three-year delay in implementation of this

provision is intended to give foreign governments time to begin

making efforts to comply with the minimum standards. The conferees emphasize that the provisions of this Act clearly require that

in assessing the records of foreign governments with respect to the

minimum standards for the elimination of trafficking, the President and other executive branch officials must not limit their scrutiny to the governments of countries of origin for victims of severe

forms of trafficking in persons, but must apply equally close scrutiny to the governments of transit countries and countries of destination for such victims.

SEC. 11. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS

Section 11 of the House bill authorizes the Secretary of State

to compile and publish a list of foreign persons who have a significant role in a severe form of trafficking in persons, directly or indirectly in the United States, who materially support such persons,

or who are owned or controlled by such persons. It allows the President to impose International Emergency Economic Power Acts

(IEEPA) sanctions, including the freezing of assets located in the

United States, without regard to section 202 of such Act against

any foreign person on that list, and requires that the President report to Congress on any such sanctions. It also allows for the nondisclosure of persons on the list for intelligence and law enforcement reasons, and requires that Congress be notified of such exclusions on an annual basis. Subsection 11(e) excludes significant traffickers, persons who knowingly assist them, and their spouses,

sons, and daughters who knowingly benefit from the proceeds of

their trafficking activities, from entry into the United States. This

approach is similar to that adopted by the Foreign Narcotics Kingpin Designation Act, enacted in Title VIII of the Intelligence Authorization Act of 2000, P.L. 106–120.

Section 11 of the Senate amendment is similar to the House

provision in that it provides authority to the President to block assets and transactions of foreign persons who were traffickers in

persons and foreign persons who materially assist or are owned,

controlled or directed by such persons. The House bill and the Senate amendment also include similar provisions for compiling lists

of such persons and for reporting on what persons were subject to

the authority to block assets and transactions. Finally, the Senate

section also includes a provision similar to the House amendment

to the Immigration and Nationality Act making inadmissible persons subject to blocking under section 11 as well as spouses, sons

and daughters who had obtained financial benefit from such persons and who knew or should have known that the financial benefit

was the product of trafficking in persons.

Section 11 of the conference agreement is similar in substance

to the House and Senate provisions. The conferees determined that

in light of the discretionary character of both proposals, a streamlined provision for designating and reporting on persons subject to

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the section was warranted, with all authority vested in the President rather than in other executive branch officials. A provision

was added explicitly providing the President authority to delegate

any responsibility. While the provision explicitly refers to the authority to make derivative designations, the conferees intend that

any authority or responsibility in this section may be delegated.

The conferees expect that a substantial part of this authority will

be delegated to the Secretary of the Treasury, since the Office of

Foreign Assets Control within the Department of the Treasury is

responsible for administering other blocking programs. However,

the conferees also expect that the delegation of authority under section 11 or regulations promulgated to implement this section will

ensure that appropriate agencies such as the Departments of State

and Justice are involved in the designation process contemplated

under this section.

The conferees remain concerned regarding administrative actions that may seriously affect the livelihood of persons subject to

such actions but that are not subject to a hearing prior to their application. The conferees have been assured that blocking authority

of this type is generally exercised only on persons who have most

of their assets abroad, and the chief effect of blocking orders is to

prohibit U.S. persons from engaging in transactions with such persons. While this assurance decreases the concern of the conferees

that the provisions may inadvertently be used against an innocent

person who would then be unable to use any of his or her assets

to live during a challenge to a determination, the conferees included a provision requiring the agency administering this section

to provide an expedited process for hearing from any person subject

to this section, including any designation made directly by the

President. It also provides that nothing in this section precludes judicial review of determinations under this section. The conferees

recognize, however, that courts will give significant deference to a

foreign policy determination of the President, which would be basis

for making determinations under this section.

Finally, several of the conferees raised concerns regarding the

provision making certain spouses and children of traffickers inadmissible. In order to address these concerns, the conference agreement contains an exception for sons and daughters who were minor

children at the time they received a benefit from trafficking enterprises.

SEC. 12. STRENGTHENING PROSECUTION AND PUNISHMENT OF

TRAFFICKERS

Section 12 of the House bill amends chapter 77 of title 18 of

the United States Code to increase penalties for involuntary servitude and other existing crimes, adds several new criminal violations in the areas of trafficking in persons, and amends the sentencing guidelines related to these crimes. Subsection (a) increases

the penalties for involuntary servitude, peonage and other existing

crimes from 10 years to 20 years and provides for life imprisonment if the violation includes kidnaping, aggravated sexual abuse

or an attempt to kill. Subsection (a) also adds several new crimes

to title 18. Section 1589 creates a new crime of forced labor for persons who knowingly provide or obtain the labor or services of a perVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00099 Fmt 6604 Sfmt 6601 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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son by threats of serious harm to, or physical restraint against that

person or another; by use of fraud, deceit or misrepresentation if

the person is a minor, mentally disabled, or otherwise particularly

susceptible to undue influence; by means of any scheme, plan or

pattern intended to cause the person to believe that if the person

did not perform such labor or services, serious harm or physical restraint would be inflicted on that person or another; or by means

of the abuse or threatened abuse of law or the legal process. New

section 1590 would criminalize trafficking of any person in violation of Chapter 77 of title 18, including by those who benefit financially or otherwise by such trafficking. New Section 1591 creates a

crime for trafficking persons into a criminal sex act by coercion,

fraud, deceit, misrepresentation or other abusive practices, as defined in this section. Subsection (a) also establishes a crime for unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude or forced labor, and

provides for mandatory restitution to victims of offenses under

chapter 77 of title 18. A new subsection 1594 provides general provisions ensuring that attempts and conspiracy of certain crimes in

chapter 77 are treated in the same manner as a completed violation and provides for asset forfeiture and witness protection. Finally, section 12(b) provides amendments to U.S. sentencing guidelines regarding crimes contained in the amended chapter 77 of title

18.

Section 12 of the Senate amendment is similar to the House

bill, but with certain important differences. Rather than add a new

section 1589, the Senate amendment provides a definition of involuntary servitude in section 1584 to include a condition of servitude

induced by means of any act, scheme, plan, or pattern intended to

cause a person to believe that the person or another person would

suffer serious harm or physical restraint or the abuse or threatened

abuse of the legal process. The Senate amendment also provides for

new crimes for trafficking with respect to peonage, slavery or involuntary servitude, but does not extend the criminal misconduct to

persons who benefit financially or otherwise from trafficking. The

Senate amendment provides for a new section of title 18 of the

United States Code for sex trafficking, but limits it to cases of

force, fraud, or coercion, as defined in that section. The Senate

amendment also includes new sections relating to unlawful conduct

with respect to documents in furtherance of trafficking and other

crimes, and likewise has provisions identical to the House bill on

mandatory restitution. Finally, the Senate amendment provides

general provisions regarding asset forfeiture, witness protection

and amendments to U.S. sentencing guidelines.

Section 12 of the conference agreement is substantially similar

to the House provision, but incorporates a number of provisions

contained in the Senate amendment. In order to address issues

raised by the decision of the United States Supreme Court in

United States v. Kozminski, 487 U.S. 931 (1988), the agreement

creates a new section 1589 on forced labor in form similar to the

House bill. The agreement does not contain a provision included in

the House bill addressing fraud or deception to obtain labor or

services of minors, mentally incompetent persons, or persons otherwise particularly susceptible. In deleting these provisions, the conVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00100 Fmt 6604 Sfmt 6601 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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ferees addressed the concerns of some members of the conference

that the similar House bill provision might have criminalized conduct that is currently regulated by labor law. However, the conferees are aware that the Department of Justice may seek additional statutory changes in future years to further address the

issues raised in Kozminski, as courts and prosecutors develop experience with the new crimes created by this Act.

Section 1589 is intended to address the increasingly subtle

methods of traffickers who place their victims in modern-day slavery, such as where traffickers threaten harm to third persons, restrain their victims without physical violence or injury, or threaten

dire consequences by means other than overt violence. Section 1589

will provide federal prosecutors with the tools to combat severe

forms of worker exploitation that do not rise to the level of involuntary servitude as defined in Kozminski. Because provisions within

section 1589 only require a showing of a threat of ‘‘serious harm,’’

or of a scheme, plan, or pattern intended to cause a person to believe that such harm would occur, federal prosecutors will not have

to demonstrate physical harm or threats of force against victims.

The term ‘‘serious harm’’ as used in this Act refers to a broad array

of harms, including both physical and nonphysical, and section

1589’s terms and provisions are intended to be construed with respect to the individual circumstances of victims that are relevant

in determining whether a particular type or certain degree of harm

or coercion is sufficient to maintain or obtain a victim’s labor or

services, including the age and background of the victims.

For example, it is intended that prosecutors will be able to

bring more cases in which individuals have been trafficked into domestic service, an increasingly common occurrence, not only where

such victims are kept in service through overt beatings, but also

where the traffickers use more subtle means designed to cause

their victims to believe that serious harm will result to themselves

or others if they leave, as when a nanny is led to believe that children in her care will be harmed if she leaves the home. In other

cases, a scheme, plan, or pattern intended to cause a belief of serious harm may refer to intentionally causing the victim to believe

that her family will face harms such as banishment, starvation, or

bankruptcy in their home country. Section 1589 will in certain instances permit prosecutions where children are brought to the

United States and face extreme nonviolent and psychological coercion (e.g. isolation, denial of sleep, and other punishments). A claim

by an adult of a false legal relationship with a child in order to put

the child in a condition of servitude may constitute a scheme, plan

or pattern that violates the statute, if there is a showing that such

a scheme was intended to create the belief that the victim or some

other person would suffer serious harm.

The conference agreement also includes new section 1590 for

the crime of trafficking with respect to peonage, slavery, involuntary servitude, or forced labor. The conferees adopted the approach

of the Senate bill with respect to this new crime and agreed not

to extend it to persons who benefit financially or otherwise from

the trafficking out of a concern that such a provision might include

within its scope persons, such as stockholders in large companies,

who have an attenuated financial interest in a legitimate business

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where a few employees might act in violation of the new statute.

The conference agreement also creates new section 1591 punishing

sex trafficking, which is similar to comparable provisions in both

the House bill and the Senate amendment. Also, the conference

agreement creates new section 1592, which punishes wrongful conduct with respect to immigration and identification documents in

the course of a violation of one of several provisions of chapter 77

of title 18, when such conduct is engaged in with the intent to violate one of the sections, or when such conduct is for the purpose

of preventing or restricting, without lawful authority, a person’s

liberty to move or travel in interstate or foreign commerce, or to

maintain the labor or services of another, knowing that such person is a victim of severe forms of trafficking, as defined by section

3 of this Act. This revision is intended to address, in part, cases

where one of the other crimes of chapter 77 is not completed, but

where there is evidence that a trafficker intended to commit such

a crime and withheld or destroyed immigration or identification

documents for the purpose of preventing the trafficking victim from

escaping. Finally, the conference agreement contains provisions

similar to the Senate bill regarding mandatory restitution, general

provisions, and sentencing guidelines.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS

Section 13 of the House bill authorizes a total of $94.5 million

($31.5 million for FY2000, $63 million for FY01) in the following

categories: (a) Interagency Task Force: $1.5 million for fiscal year

2000, $3 million for fiscal year 2001; (b) Health and Human Services for victim assistance in the United States: $5 million for fiscal

year 2000, $10 million for fiscal year 2001; (c) Department of State

for foreign victim assistance: $5 million for fiscal year 2000, $10

million for fiscal year 2001; (d) The Attorney General for victim assistance in the United States: $5 million for fiscal year 2000, $10

million for fiscal year 2001; (e) The President for (1) foreign victim

assistance: $5 million for fiscal year 2000, $10 million for fiscal

year 2001, and (2) assistance to help countries meet minimum trafficking standards: $5 million for fiscal year 2000, $10 million for

fiscal year 2001; and (f) Department of Labor for victim assistance

in the United States: $5 million for fiscal year 2000, $10 million

for fiscal year 2001.

Section 13 of the Senate bill is similar to the House provision,

except that it authorizes funding for fiscal years 2001 and 2002. It

also authorizes $300,000 in fiscal year 2001 for a voluntary contribution to the Organization for Security and Co-operation in Europe and such sums as may be necessary to include the additional

information required by section 4 in the annual Country Reports

on Human Rights Practices.

Section 13 of the conference agreement is substantially identical to the Senate provision.

CONCERNING DIVISION B, THE VIOLENCE AGAINST WOMEN ACT OF

2000

The Violence Against Women Act of 2000 accomplishes two

basic things:

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First, the bill reauthorizes through Fiscal Year 2005 the key

programs included in the original Violence Against Women Act,

such as the STOP, Pro-Arrest, Rural Domestic Violence and Child

Abuse Enforcement, and campus grants; battered women’s shelters;

the National Domestic Violence Hotline; rape prevention and education grant programs; and three victims of child abuse programs,

including the court-appointed special advocate program (CASA).

Second, the Violence Against Women Act of 2000 makes some

targeted improvements that our experience with the original Act

has shown to be necessary, such as—

(1) Authorizing grants for legal assistance for victims of domestic violence, stalking, and sexual assault;

(2) Providing funding for transitional housing assistance;

(3) Improving full faith and credit enforcement and computerized tracking of protection orders;

(4) Strengthening and refining the protections for battered immigrant women;

(5) Authorizing grants for supervised visitation and safe visitation exchange of children between parents in situations involving

domestic violence, child abuse, sexual assault, or stalking; and

(6) Expanding several of the key grant programs to cover violence that arises in dating relationships.

We append to this joint statement a section by section analysis

of the bill and a more detailed section by section analysis of the

provisions contained in Title V, which addresses the plight of battered immigrant women.

DIVISION B—THE VIOLENCE AGAINST WOMEN ACT OF 2000

SECTION-BY-SECTION SUMMARY

Sec. 1001. Short Title

Names this division the Violence Against Women Act of 2000.

Sec. 1002. Definitions

Restates the definitions ‘‘domestic violence’’ and ‘‘sexual assault’’ as currently defined in the STOP grant program.

Sec. 1003. Accountability and Oversight

Requires the Attorney General or Secretary of Health and

Human Services, as applicable, to require grantees under any program authorized or reauthorized by this division to report on the

effectiveness of the activities carried out. Requires the Attorney

General or Secretary, as applicable, to report biennially to the Senate and House Judiciary Committees on these grant programs.

Title I—Strengthening Law Enforcement to Reduce Violence

Against Women

Sec. 1101. Improving Full Faith and Credit Enforcement of Protection Orders

Helps states and tribal courts improve interstate enforcement

of protection orders as required by the original Violence Against

Women Act of 1994. Renames Pro-Arrest Grants to expressly include enforcement of protection orders as a focus for grant program

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funds, adds as a grant purpose technical assistance and use of computer and other equipment for enforcing orders; instructs the Department of Justice to identify and make available information on

promising order enforcement practices; adds as a funding priority

the development and enhancement of data collection and sharing

systems to promote enforcement of protection orders.

Amends the full faith and credit provision in the original Act

to prohibit requiring registration as a prerequisite to enforcement

of out-of-state orders and to prohibit notification of a batterer without the victim’s consent when an out-of-state order is registered in

a new jurisdiction. Requires recipients of STOP and Pro-Arrest

grant funds, as a condition of funding, to facilitate filing and service of protection orders without cost to the victim in both civil and

criminal cases.

Clarifies that tribal courts have full civil jurisdiction to enforce

protection orders in matters arising within the authority of the

tribe.

Sec. 1102. Enhancing the Role of Courts in Combating Violence

Against Women

Engages state courts in fighting violence against women by

targeting funds to be used by the courts for the training and education of court personnel, technical assistance, and technological

improvements. Amends STOP and Pro-Arrest grants to make state

and local courts expressly eligible for funding and dedicates 5 percent of states’ STOP grants for courts.

Sec. 1103. STOP Grants Reauthorization

Reauthorizes through 2005 this vital state formula grant program that has succeeded in bringing police and prosecutors in close

collaboration with victim services providers into the fight to end violence against women. (‘‘STOP’’ means ‘‘Services and Training for

Officers and Prosecutors’’). Preserves the original Act’s allocations

of states’ STOP grant funds of 25 percent to police and 25 percent

to prosecutors, but increases grants to victim services to 30 percent

(from 25 percent), in addition to the 5 percent allocated to state,

tribal, and local courts.

Sets aside five percent of total funds available for State and

tribal domestic violence and sexual assault coalitions and increases

the allocation for Indian tribes to 5 percent (up from 4 percent in

the original Act).

Amends the definition of ‘‘underserved populations’’ and adds

additional purpose areas for which grants may be used.

Authorization level is $185 million/year (FY 2000 appropriation

was $206.75 million (including a $28 million earmark for civil legal

assistance)).

Sec. 1104. Pro-Arrest Grants Reauthorization

Extends this discretionary grant program through 2005 to develop and strengthen programs and policies that mandate and encourage police officers to arrest abusers who commit acts of violence or violate protection orders.

Sets aside 5 percent of total amounts available for grants to Indian tribal governments.

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Authorization level is $65 million/year (FY 2000 appropriation was $34 million).

Sec. 1105. Rural Domestic Violence and Child Abuse Enforcement

Grants Reauthorization

Extends through 2005 these direct grant programs that help

states and local governments focus on problems particular to rural

areas.

Sets aside 5 percent of total amounts available for grants to Indian tribal governments. Authorization level is $40 million/year (FY 2000 appropriation was $25 million).

Sec. 1106. National Stalker and Domestic Violence Reduction

Grants Reauthorization

Extends through 2005 this grant program to assist states and

local governments in improving databases for stalking and domestic violence.

Authorization level is $3 million/year (FY 1998 appropriation was $2.75 million).

Sec. 1107. Clarify Enforcement to End Interstate Battery/Stalking

Clarifies federal jurisdiction to ensure reach to persons crossing United States borders as well as crossing state lines by use of

‘‘interstate or foreign commerce language.’’ Clarifies federal jurisdiction to ensure reach to battery or violation of specified portions

of a protection order before travel to facilitate the interstate movement of the victim. Makes the nature of the ‘‘harm’’ required for

domestic violence, stalking, and interstate travel offenses consistent by removing the requirement that the victim suffer actual

physical harm from those offenses that previously had required

such injury.

Resolves several inconsistencies between the protection order

offense involving interstate travel of the offender, and the protection order offense involving interstate travel of the victim.

Revises the definition of ‘‘protection order’’ to clarify that support or child custody orders are entitled to full faith and credit to

the extent provided under other Federal law—namely, the Parental

Kidnaping Prevention Act of 1980, as amended.

Extends the interstate stalking prohibition to cover interstate

‘‘cyber-stalking’’ that occurs by use of the mail or any facility of

interstate or foreign commerce, such as by telephone or by computer connected to the Internet.

Sec. 1108. School and Campus Security

Extends the authorization through 2005 for the grant program

established in the Higher Education Amendments of 1998 and administered by the Justice Department for grants for on-campus security, education, training, and victim services to combat violence

against women on college campuses. Incorporates ‘‘dating violence’’

into purpose areas for which grants may be used. Amends the definition of ‘‘victim services’’ to include public, nonprofit organizations

acting in a nongovernmental capacity, such as victim services organizations at public universities.

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Authorization level is $10 million/year (FY 2000 STOP grant

appropriation included a $10 million earmark for this use).

Authorizes the Attorney General to make grants through 2003

to states, units of local government, and Indian tribes to provide

improved security, including the placement and use of metal detectors and other deterrent measures, at schools and on school

grounds.

Authorization level is $30 million/year.

Sec. 1109. Dating Violence

Incorporates ‘‘dating violence’’ into certain purpose areas for

which grants may be used under the STOP, Pro-Arrest, and Rural

Domestic Violence and Child Abuse Enforcement grant programs.

Defines ‘‘dating violence’’ as violence committed by a person: (A)

who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such

a relationship shall be determined based on consideration of the

following factors: (i) the length of the relationship; (ii) the type of

relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

Title II—Strengthening Services to Victims of Violence

Sec. 1201. Legal Assistance to Victims of Domestic Violence and

Sexual Assault

Building on set-asides in past STOP grant appropriations since

fiscal year 1998 for civil legal assistance, this section authorizes a

separate grant program for those purposes through 2005. Helps

victims of domestic violence, stalking, and sexual assault who need

legal assistance as a consequence of that violence to obtain access

to trained attorneys and lay advocacy services, particularly pro

bono legal services. Grants support training, technical assistance,

data collection, and support for cooperative efforts between victim

advocacy groups and legal assistance providers.

Defines the term ‘‘legal assistance’’ to include assistance to victims of domestic violence, stalking, and sexual assault in family,

immigration, administrative agency, or housing matters, protection

or stay away order proceedings, and other similar matters. For purposes of this section, ‘‘administrative agency’’ refers to a federal,

state, or local governmental agency that provides financial benefits.

Sets aside 5 percent of the amounts made available for programs assisting victims of domestic violence, stalking, and sexual

assault in Indian country; sets aside 25 percent of the funds used

for direct services, training, and technical assistance for the use of

victims of sexual assault.

Appropriation is $40 million/year (FY 2000 STOP grant appropriation included a $28 million earmark for this use).

Sec. 1202. Expanded Shelter for Battered Women and Their Children

Reauthorizes through 2005 current programs administered by

the Department of Health and Human Services to help communities provide shelter to battered women and their children, with

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increased funding to provide more shelter space to assist the tens

of thousands who are now being turned away.

Authorization level is $175 million/year (FY 2000 appropriation

was $101.5 million).

Sec. 1203. Transitional Housing Assistance for Victims of Domestic

Violence

Authorizes the Department of Health and Human Services to

make grants to provide short-term housing assistance and support

services to individuals and their dependents who are homeless or

in need of transitional housing or other housing assistance as a result of fleeing a situation of domestic violence, and for whom emergency shelter services are unavailable or insufficient.

Authorization level is $25 million for FY 2001.

Sec. 1204. National Domestic Violence Hotline

Extends through 2005 this grant to meet the growing demands

on the National Domestic Violence Hotline established under the

original Violence Against Women Act due to increased call volume

since its inception. Requires annual reports on the Hotline’s operation.

Authorization level is $2 million/year (FY 2000 appropriation

was $2 million).

Sec. 1205. Federal Victims Counselors Grants Reauthorization

Extends through 2005 this program under which U.S. Attorney

offices can hire counselors to assist victims and witnesses in prosecution of sex crimes and domestic violence crimes.

Authorization level is $1 million/year (FY 1998 appropriation

was $1 million).

Sec. 1206. Study of State Laws Regarding Insurance Discrimination

Against Victims of Violence Against Women

Requires the Attorney General to conduct a national study to

identify state laws that address insurance discrimination against

victims of domestic violence and submit recommendations based on

that study to Congress.

Sec. 1207. Study of Workplace Effects From Violence Against

Women

Requires the Attorney General to conduct a national survey of

programs to assist employers on appropriate responses in the workplace to victims of domestic violence or sexual assault and submit

recommendations based on that study to Congress.

Sec. 1208. Study of Unemployment Compensation for Victims of Violence Against Women

Requires the Attorney General to conduct a national study to

identify the impact of state unemployment compensation laws on

victims of domestic violence when the victim’s separation from employment is a direct result of the domestic violence, and to submit

recommendations based on that study to Congress.

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Sec. 1209. Enhancing Protections for Older and Disabled Women

From Domestic Violence and Sexual Assault

Adds as new purposes areas to STOP grants and Pro-Arrest

grants the development of policies and initiatives that help in identifying and addressing the needs of older and disabled women who

are victims of domestic violence or sexual assault.

Authorizes the Attorney General to make grants for training

programs through 2005 to assist law enforcement officers, prosecutors, and relevant court officers in recognizing, addressing, investigating, and prosecuting instances of elder abuse, neglect, and exploitation and violence against individuals with disabilities, including domestic violence and sexual assault, against older or disabled

individuals.

Authorization is $5 million/year.

Title III—Limiting the Effects of Violence on Children

Sec. 1301. Safe Havens for Children Pilot Program

Establishes through 2002 a pilot Justice Department grant

program aimed at reducing the opportunity for domestic violence to

occur during the transfer of children for visitation purposes by expanding the availability of supervised visitation and safe visitation

exchange for the children of victims of domestic violence, child

abuse, sexual assault, or stalking.

Authorization level is $15 million for each year.

Sec. 1302. Reauthorization of Victims of Child Abuse Act Grants

Extends through 2005 three grant programs geared to assist

children who are victims of abuse. These are the court-appointed

special advocate program, child abuse training for judicial personnel and practitioners, and grants for televised testimony of children.

Authorization levels are $12 million/year for the special advocate program, $2.3 million/year for the judicial personnel training

program, and $1 million/year for televised testimony (FY 2000 appropriations were $10 million, $2.3 million, and $1 million respectively).

Sec. 1303. Report on Parental Kidnaping Laws

Requires the Attorney General to study and submit recommendations on federal and state child custody laws, including

custody provisions in protection orders, the Parental Kidnaping

Prevention Act of 1980, and the Uniform Child Custody Jurisdiction and Enforcement Act adopted by the National Conference of

Commissioners on Uniform State Laws in July 1997, and the effect

of those laws on child custody cases in which domestic violence is

a factor. Amends emergency jurisdiction to cover domestic violence.

Authorization levels is $200,000.

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Title IV—Strengthening Education and Training To Combat

Violence Against Women

Sec. 1401. Rape Prevention and Education Program Reauthorization

Extends through 2005 this Sexual Assault Education and Prevention Grant program; includes education for college students;

provides funding to continue the National Resource Center on Sexual Assault at the Centers for Disease Control and Prevention.

Authorization level is $80 million/year (FY 2000 appropriation

was $45 million).

Sec. 1402. Education and Training to End Violence Against and

Abuse of Women With Disabilities

Establishes a new Justice Department grant program through

2005 to educate and provide technical assistance to providers on effective ways to meet the needs of disabled women who are victims

of domestic violence, sexual assault, and stalking.

Authorization level is $7.5 million/year.

Sec. 1403. Reauthorization of Community Initiatives to Prevent Domestic Violence

Reauthorizes through 2005 this grant program to fund collaborative community projects targeted for the intervention and prevention of domestic violence.

Authorization level is $6 million/year (FY 2000 appropriation

was $6 million).

Sec. 1404. Development of Research Agenda Identified Under the

Violence Against Women Act

Requires the Attorney General to direct the National Institute

of Justice, in consultation with the Bureau of Justice Statistics and

the National Academy of Sciences, through its National Research

Council, to develop a plan to implement a research agenda based

on the recommendations in the National Academy of Science report

‘‘Understanding Violence Against Women,’’ which was produced

under a grant awarded under the original Violence Against Women

Act.

Authorization is for such sums as may be necessary to carry

out this section.

Sec. 1405. Standards, Practice, and Training for Sexual Assault Forensic Examinations

Requires the Attorney General to evaluate existing standards

of training and practice for licensed health care professionals performing sexual assault forensic examinations and develop a national recommended standard for training; to recommend sexual

assault forensic examination training for all health care students;

and to review existing protocols on sexual assault forensic examinations and, based on this review, develop a recommended national

protocol and establish a mechanism for its nationwide dissemination.

Authorization level is $200,000 for FY 2001.

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Sec. 1406. Education and Training for Judges and Court Personnel.

Amends the Equal Justice for Women in the Courts Act of

1994, authorizing $1,500,000 each year through 2005 for grants for

education and training for judges and court personnel in state

courts, and $500,000 each year through 2005 for grants for education and training for judges and court personnel in federal

courts. Adds three areas of training eligible for grant use.

Sec. 1407. Domestic Violence Task Force

Requires the Attorney General to establish a task force to coordinate research on domestic violence and to report to Congress

on any overlapping or duplication of efforts among the federal

agencies that address domestic violence.

Authorization level is $500,000.

Title V—Battered Immigrant Women

Strengthens and refines the protections for battered immigrant

women in the original Violence Against Women Act. Eliminates a

number of ‘‘catch-22’’ policies and unintended consequences of subsequent changes in immigration law to ensure that domestic abusers with immigrant victims are brought to justice and that the battered immigrants Congress sought to help in the original Act are

able to escape the abuse.

Title VI—Miscellaneous

Sec. 1601. Notice Requirements for Sexually Violent Offenders

Amends the Jacob Wetterling Crimes Against Children and

Sexually Violent Offender Registration Act to require sex offenders

already required to register in a State to provide notice, as required under State law, or each institution of higher education in

that State at which the person is employed, carried on a vocation,

or is a student. Requires that state procedures ensure that this registration information is promptly made available to law enforcement agencies with jurisdiction where the institutions of higher

education are located and that it is entered into appropriate State

records or data systems. These changes take effect 2 years after enactment.

Amends the Higher Education Act of 1965 to require institutions of higher education to issue a statement, in addition to other

disclosures required under that Act, advising the campus community where law enforcement agency information provided by a State

concerning registered sex offenders may be obtained. This change

takes effect 2 years after enactment.

Amends the Family Educational Rights and Privacy Act of

1974 to clarify that nothing in that Act may be construed to prohibit an educational institution from disclosing information provided to the institution concerning registered sex offenders; requires the Secretary of Education to take appropriate steps to notify educational institutions that disclosure of this information is

permitted.

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Sec. 1602. Teen Suicide Prevention Study

Authorizes a study by the Secretary of Health and Human

Services of predictors of suicide among at-risk and other youth, and

barriers that prevent the youth from receiving treatment, to facilitate the development of model treatment programs and public education and awareness efforts.

Authorization is for such sums as may be necessary.

Sec. 1603. Decade of Pain Control and Research

Designates the calendar decade beginning January 1, 2001, as

the ‘‘Decade of Pain Control and Research.’’

DIVISION B—THE VIOLENCE AGAINST WOMEN ACT OF 2000

Title V—The Battered Immigrant Women Protection Act of 2000

SECTION-BY-SECTION ANALYSIS

Generally designed to improve on efforts made in VAWA 1994

to prevent immigration law from being used by an abusive citizen

or lawful permanent resident spouse as a tool to prevent an abused

immigrant spouse from reporting abuse or leaving the abusive relationship. This could happen because generally speaking, U.S. immigration law gives citizens and lawful permanent residents the right

to petition for their spouses to be granted a permanent resident

visa, which is the necessary prerequisite for immigrating to the

United States. In the vast majority of cases, granting the right to

seek the visa to the citizen or lawful permanent resident spouse

makes sense, since the purpose of family immigration visas is to

allow U.S. citizens or lawful permanent residents to live here with

their spouses and children. But in the unusual case of the abusive

relationship, an abusive citizen or lawful permanent resident can

use control over his or her spouse’s visa as a means to blackmail

and control the spouse. The abusive spouse would do this by withholding a promised visa petition and then threatening to turn the

abused spouse in to the immigration authorities if the abused

spouse sought to leave the abuser or report the abuse.

VAWA 1994 changed this by allowing immigrants who demonstrate that they have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouses to

file their own petitions for visas without the cooperation of their

abusive spouse. VAWA 1994 also allowed abused spouses placed in

removal proceedings to seek ‘‘cancellation of removal,’’ a form of

discretionary relief from removal available to individuals in unlawful immigration status with strong equities, after three years rather than the seven ordinarily required. Finally, VAWA 1994 granted

similar rights to minor children abused by their citizen or lawful

permanent resident parent, whose immigration status, like that of

the abused spouse, would otherwise be dependent on the abusive

parent. VAWA 2000 addresses residual immigration law obstacles

standing in the path of battered immigrant spouses and children

seeking to free themselves from abusive relationships that either

had not come to the attention of the drafters of VAWA 1994 or

have arisen since as a result of 1996 changes to immigration law.

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Sec. 1501. Short Title

Names this title the Battered Immigrant Women Protection

Act of 2000.

Sec. 1502. Findings and Purposes

Lays out as the purpose of the title building on VAWA 1994’s

efforts to enable battered immigrant spouses and children to free

themselves of abusive relationships and report abuse without fear

of immigration law consequences controlled by their abusive citizen

or lawful permanent resident spouse or parent.

Sec. 1503. Improved Access to Immigration Protections of the Violence Against Women Act of 1994 for Battered Immigrant

Women

Allows abused spouses and children who have already demonstrated to the INS that they have been the victims of battery or

extreme cruelty by their spouse or parent to file their own petition

for a lawful permanent resident visa without also having to show

they will suffer ‘‘extreme hardship’’ if forced to leave the U.S., a

showing that is not required if their citizen or lawful permanent

resident spouse or parent files the visa petition on their behalf.

Eliminates U.S. residency as a prerequisite for a spouse or child of

a citizen or lawful permanent resident who has been battered in

the U.S. or whose spouse is a member of the uniformed services or

a U.S. government employee to file for his or her own visa, since

there is no U.S. residency prerequisite for non-battered spouses’ or

children’s visas. Retains current law’s special requirement that

abused spouses and children filing their own petitions (unlike

spouses and children for whom their citizen or lawful permanent

resident spouse or parent petitions) demonstrate good moral character, but modifies it to give the Attorney General authority to find

good moral character despite certain otherwise disqualifying acts if

those acts were connected to the abuse.

Allows a victim of battery or extreme cruelty who believed

himself or herself to be a citizen’s or lawful permanent resident’s

spouse and went through a marriage ceremony to file a visa petition as a battered spouse if the marriage was not valid solely on

account of the citizen’s or lawful permanent resident’s bigamy. Allows a battered spouse whose citizen spouse died, whose spouse

lost citizenship, whose spouse lost lawful permanent residency, or

from whom the battered spouse was divorced to file a visa petition

as an abused spouse within two years of the death, loss of citizenship or lawful permanent residency, or divorce, provided that the

loss of citizenship, status or divorce was connected to the abuse

suffered by the spouse. Allows a battered spouse to naturalize after

three years residency as other spouses may do, but without requiring the battered spouse to live in marital union with the abusive

spouse during that period.

Allows abused children or children of abused spouses whose

petitions were filed when they were minors to maintain their petitions after they attain age 21, as their citizen or lawful permanent

resident parent would be entitled to do on their behalf had the

original petition been filed during the child’s minority, treating the

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petition as filed on the date of the filing of the original petition for

purposes of determining its priority date.

Sec. 1504. Improved Access to Cancellation of Removal and Suspension of Deportation under the Violence Against Women Act of

1994

Clarifies that with respect to battered immigrants, IIRIRA’s

rule, enacted in 1996, that provides that with respect to any applicant for cancellation of removal, any absence that exceeds 90 days,

or any series of absences that exceed 180 days, interrupts continuous physical presence, does not apply to any absence or portion

of an absence connected to the abuse. Makes this change retroactive to date of enactment of IIRIRA. Directs Attorney General to

parole children of battered immigrants granted cancellation until

their adjustment of status application has been acted on, provided

the battered immigrant exercises due diligence in filing such an application.

Sec. 1505. Offering Equal Access to Immigration Protections of the

Violence Against Women Act of 1994 for All Qualified Battered

Immigrant Self-Petitioners

Grants the Attorney General the authority to waive certain

bars to admissibility or grounds of deportability with respect to

battered spouses and children. New Attorney General waiver authority granted (1) for crimes of domestic violence or stalking

where the spouse or child was not the primary perpetrator of violence in the relationship, the crime did not result in serious bodily

injury, and there was a connection between the crime and the

abuse suffered by the spouse or child; (2) for misrepresentations

connected with seeking an immigration benefit in cases of extreme

hardship to the alien (paralleling the AG’s waiver authority for

spouses and children petitioned for by their citizen or lawful permanent resident spouse or parent in cases of extreme hardship to

the spouse or parent); (3) for crimes of moral turpitude not constituting aggravated felonies where the crime was connected to the

abuse (similarly paralleling the AG’s waiver authority for spouses

and children petitioned for by their spouse or parent); (4) for health

related grounds of inadmissibility (also paralleling the AG’s waiver

authority for spouses and children petitioned for by their spouse or

parent); and (5) for unlawful presence after a prior immigration

violation, if there is a connection between the abuse and the alien’s

removal, departure, reentry, or attempted reentry. Clarifies that a

battered immigrant’s use of public benefits specifically made available to battered immigrants in PRWORA does not make the immigrant inadmissible on public charge ground.

Sec. 1506. Restoring Immigration Protections under the Violence

Against Women Act of 1994

Establishes mechanism paralleling mechanism available to

spouses and children petitioned for by their spouse or parent to enable VAWA-qualified battered spouse or child to obtain status as

lawful permanent resident in the United States rather than having

to go abroad to get a visa.

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Addresses problem created in 1996 for battered immigrants’

access to cancellation of removal by IIRIRA’s new stop-time rule.

That rule was aimed at individuals gaming the system to gain access to cancellation of removal. To prevent this, IIRIRA stopped the

clock on accruing any time toward continuous physical presence at

the times INS initiates removal proceedings against an individual.

This section eliminates application of this rule to battered immigrant spouses and children, who, if they are sophisticated enough

about immigration law and had sufficient freedom of movement to

‘‘game the system’’, presumably would have filed self-petitions, and

more likely do not even know that INS has initiated proceedings

against them because their abusive spouse or parent has withheld

their mail. To implement this change, allows a battered immigrant

spouse or child to file a motion to reopen removal proceedings within 1 year of the entry of an order of removal (which deadline may

be waived in the Attorney General’s discretion if the Attorney General finds extraordinary circumstances or extreme hardship to the

alien’s child) provided the alien files a complete application to be

classified as VAWA-eligible at the time the alien files the reopening

motion.

Sec. 1507. Remedying Problems with Implementation of the Immigration Provisions of the Violence Against Women Act of 1994

Clarifies that negative changes of immigration status of abuser

or divorce after abused spouse or child files petition under VAWA

have no effect on status of abused spouse or child. Reclassifies

abused spouse or child as spouse or child of citizen if abuser becomes citizen notwithstanding divorce or termination of parental

rights (so as not to create incentive for abuse victim to delay leaving abusive situation on account of potential future improved immigration status of abuser). Clarifies that remarriage has no effect on

pending VAWA immigration petition.

Sec. 1508. Technical Correction to Qualified Alien Definition for

Battered Immigrants

Makes technical change of description of battered aliens allowed to access certain public benefits so as to use correct preIIRIRA name for equitable relief from deportation/removal (‘‘suspension of deportation’’ rather than ‘‘cancellation of removal’’) for

pre-IIRIRA cases.

Sec. 1509. Access to Cuban Adjustment Act for Battered Immigrant

Spouses and Children

Allows battered spouses and children to access special immigration benefits available under Cuban Adjustment Act to other

spouses and children of Cubans on the basis of the same showing

of battery or extreme cruelty they would have to make as VAWA

self-petitioners; relieves them of Cuban Adjustment Act showing

that they are residing with their spouse/parent.

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

Provides access to special immigration benefits under

NACARA to battered spouses and children similarly to the way section 509 does with respect to Cuban Adjustment Act.

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

Battered Spouses and Children

Provides access to special immigration benefits under HRIFA

to battered spouses and children similarly to the way section 509

does with respect to Cuban Adjustment Act.

Sec. 1512. Access to Services and Legal Representation for Battered

Immigrants

Clarifies that Stop grants, Grants to Encourage Arrest, Rural

VAWA grants, Civil Legal Assistance grants, and Campus grants

can be used to provide assistance to battered immigrants. Allows

local battered women’s advocacy organizations, law enforcement or

other eligible Stop grant applicants to apply for Stop funding to

train INS officers and immigration judges as well as other law enforcement officers on the special needs of battered immigrants.

Sec. 1513. Protection for Certain Crime Victims Including Victims

of Crimes Against Women

Creates new nonimmigrant visa for victims of certain serious

crimes that tend to target vulnerable foreign individuals without

immigration status if the victim has suffered substantial physical

or mental abuse as a result of the crime, the victim has information about the crime, and a law enforcement official or a judge certifies that the victim has been helpful, is being helpful, or is likely

to be helpful in investigating or prosecuting the crime. The crime

must involve rape, torture, trafficking, incest, sexual assault, domestic violence, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful

criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, attempt or conspiracy to commit any of the

above, or other similar conduct in violation of Federal, State, or

local criminal law. Caps visas at 10,000 per fiscal year. Allows Attorney General to adjust these individuals to lawful permanent

resident status if the alien has been present for 3 years and the

Attorney General determines this is justified on humanitarian

grounds, to promote family unity, or is otherwise in the public interest.

AIMEE’S LAW

This bill penalizes States that fail to incarcerate criminals convicted of murder, rape, and dangerous sexual offenses for long prison terms. In cases in which a State convicts a person of murder,

rape, or a dangerous sexual offense, and that person has a prior

conviction for any one of those offenses in a designated State, the

designated State must pay, from federal law enforcement assistVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00115 Fmt 6604 Sfmt 6601 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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ance funds, the incarceration and prosecution cost of the latter

State. (The Attorney General would transfer the federal law enforcement funds from the prior State to the subsequent State.)

A State is a designated State and is subject to penalty under

this section if (1) the average term of imprisonment imposed by the

State on persons convicted of the offense for which that person was

convicted is less than the average term of imprisonment imposed

for that offense in all states; or (2) that person had served less than

85 percent of the prison term to which he was sentenced for the

prior offense. (In making this calculation, if the State has an indeterminate sentencing system, the prison term shall be considered

the lower range of the sentence. For example, if a person is sentenced 10-to-12 years, then the calculation is whether the person

served 85 percent of 10 years.)

Concerning Sec. 2002 and 2003 of Division C

Sections 2002 and 2003, which may be referred to as the Justice for Victims of Terrorism Act, helps American victims of terrorism abroad collect court-awarded compensation and ensures that

the responsible state sponsors of terrorism pay a price for their

crimes.

In March 1985, Terry Anderson, an American journalist working in Beirut, was kidnapped by agents of the Islamic Republic of

Iran. He was held captive by his kidnappers in deplorable conditions until early December 1991.

During the 1980’s three other individuals working in Lebanon,

David Jacobsen, an administrator of the American University hospital in Beirut, Joseph Ciccippio, a comptroller of the American

University school and hospital and Frank Reed, a principal of a private secondary school in Beirut, were also held captive by agents

of the Islamic Republic of Iran.

In April 1995, Alisa Flatow, a 20-year-old college student from

New Jersey, was on a bus on the Gaza strip going to a Passover

holiday celebration. A terrorist from the Iranian backed Islamic

Jihad rammed his car loaded with explosives into the bus, killing

Ms. Flatow and seven others.

Two Americans studying in Israel, Matthew Eisenfeld and

Sara Duker were killed in a suicide bombing of a bus in Jerusalem

in February 1996. Those responsible were provided training,

money, and resources by Iran.

Also in February 1996, Cuban pilots flying MiG aircraft shot

down two aircraft flown by the ‘‘Brothers to the Rescue’’ humanitarian organization in international airspace over the Florida

Straits. Three American citizens were killed in the attack by the

Cuban government.

Section 221 of the Antiterrorism and Effective Death Penalty

Act of 1996 (P.L. 104–132) gave these and other American citizens

injured or killed in acts of terrorism (or their survivors) to bring

a lawsuit against the terrorist state responsible for that act. Congress and the President deliberately created an exception to the

doctrine of foreign sovereign immunity and to the statutory protections of the Foreign Sovereign Immunities Act, limited to victims’

cases against countries on the State Department’s list of state

sponsors of terrorism.

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Following enactment of the Antiterrorism Act of 1996, numerous American victims filed suit against terrorist states. Each of the

victims described above, or surviving family members, has been

awarded judgements by U.S. courts. However, the victims were not

able to collect on their judgements. Iran and Cuba have few, if any,

assets in the United States not blocked by the Treasury Department under existing sanctions laws or otherwise held by the U.S.

Government. The President did not exercise existing authorities to

make those assets available.

After the Brothers to the Rescue incident, at a February 26,

1996, White House press briefing President Clinton stated ‘‘I am

asking that Congress pass legislation that will provide immediate

compensation to the families, something to which they are entitled

under international law, out of Cuba’s blocked assets here in the

United States. If Congress passes this legislation, we can provide

the compensation immediately,’’ The President did vest funds from

blocked Cuban accounts to make modest payments to the Brothers

to the Rescue families as a ‘‘humanitarian gesture.’’

Section 117 of the Treasury and General Government Appropriations Act for fiscal year 1999, explicitly made the assets of foreign terrorist states blocked by the Treasury Department under existing sanctions laws available for attachment by U.S. courts for

the very limited purpose of satisfying Antiterrorism Act judgements.

That legislation authorized the President to waive the requirements of that provision in the interest of national security, but the

scope of that waiver authority remains in dispute. Presidential Determination 99–1 asserted broad authority to waive the entirety of

the provision. But the District Court of the Southern District of

Florida, in Alejandre v. Republic of Cuba, rejected the Administration’s view and held, instead, that the President’s authority applied

only to Section 117’s requirement that the Secretaries of State and

Treasury assist a judgement creditor in identifying, locating, and

executing against non-blocked property of a foreign terrorist state.

42 F. Supp. 2d 1317 (S.D. Fla. 1999) vacated and remanded on

other grounds, 183 F. 3d 1277 (11th Cir. 1999). Another federal district court reached a contrary opinion. Flatow v. Islamic Republic

of Iran, 76 F. Supp. 2d 16 (D.D.C. 1999) (construing the waiver authority broadly).

Subsection 1(f) of this bill repeals the waiver authority granted

in Section 117 of the Treasury and General Government Appropriations Act for fiscal year 1999, replacing it with a clearer but narrower waiver authority in the underlying statute. The Committee

hopes clarity in the legislative history and intent of subsection 1(f),

in the context of the section as a whole, will ensure appropriate application of the new waiver authority.

This is a key issue for American victims of state-sponsored terrorism who have sued or who will in the future sue the responsible

terrorism-list state, as they are entitled to do under the Anti-Terrorism Act of 1996. Victims who already hold U.S. court judgements, and a few whose related cases will soon be decided, will receive their compensatory damages as a result of this legislation.

The Committee intends that this legislation will similarly help

other pending and future Antiterrorism Act plaintiffs as and when

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U.S. courts issue judgements against the foreign state sponsors of

specific terrorist acts. The Committee shares the particular interest

of the sponsors of this legislation in ensuring that the families of

the victims of Pan Am flight 103 should be able to collect damages

promptly if they can demonstrate to the satisfaction of a U.S. court

that Libya is indeed responsible for that heinous bombing. The

Committee is similarly interested in pending suits against Iraq.

In replacing the waiver, the conferees accept that the President

should have the authority to waive the court’s authority to attach

blocked assets. But to understand the view of the committee with

respect to the use of the waiver, it must be read within the context

of other provisions of the legislation.

A waiver of the attachment provision would seem appropriate

for final and pending Anti-Terrorism Act cases identified in subsection (a)(2) of this bill. In these cases, judicial attachment is not

necessary because the executive branch will appropriately pay compensatory damages to the victims and use blocked assets to collect

the funds from terrorist states.

Of particular significance, this section reaffirms the President’s

statutory authority, inter alia, to vest blocked foreign government

assets and where appropriate make payments to victims of terrorism. The President has the authority to assist victims with

pending and future cases.

The Committee’s intent is that the President will review each

case when the court issues a final judgement to determine whether

to use the national security waiver, whether to help the plaintiffs

collect from a foreign state’s non-blocked assets in the United

States whether to allow the courts to attach and execute against

blocked assets, or whether to use existing authorities to vest and

pay those assets as damages to the victims of terrorism.

When a future President does make a decision whether to invoke the waiver, he should consider seriously whether the national

security standard for a waiver has been met. In enacting this legislation, Congress is expressing the view that the attachment and

execution of frozen assets to enforce judgements in cases under the

Anti-Terrorism Act of 1996 is not by itself contrary to the national

security interest. Indeed, in the view of the Committee, it is generally in the national security interest of the United States to make

foreign state sponsors of terrorism pay court-awarded damages to

American victims, so neither the Foreign Sovereign Immunities Act

nor any other law will stand in the way of justice. Thus, in the

view of the committee the waiver authority should not be exercised

in a routine or blanket manner, but only where U.S. national security interests would be implicated in taking action against particular blocked assets or where alternative recourse—such as vesting and paying those assets—may be preferable to court attachment.

Future Presidents should follow the precedent set by this legislation, and find the best way to help victims of terrorism collect on

their judgements and make terrorist states pay for their crimes.

The conference report also includes a section, Section 2003,

dealing with support for victims of international terrorism. This

section will enable the Office for Victims of Crime (OVC) to provide

more immediate and effective assistance to Americans who are vicVerDate 11-MAY-2000 13:04 Oct 06, 2000 Jkt 067108 PO 00000 Frm 00118 Fmt 6604 Sfmt 6601 E:\HR\OC\HR939.XXX pfrm01 PsN: HR939
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tims of terrorism abroad—Americans like those killed or injured in

the embassy bombings in Kenya and Tanzania, and in the Pan Am

103 bombing over Lockerbie, Scotland. These victims deserve help,

but existing programs are failing to meet their needs.

Section 2003(a) of the conference report will permit OVC to

serve these victims better by expanding the types of assistance for

which the Victims of Crime Act (VOCA) emergency reserve fund

may be used, and the range of organizations to which assistance

may be provided. These changes will not require new or appropriated funds: They simply allow OVC greater flexibility in using

existing reserve funds to assist victims of terrorism abroad, including the victims of the Lockerbie and embassy bombings.

Section 2003(b) will authorize OVC to raise the cap on the VOCA emergency reserve fund from $50 million to $100 million, so

that the fund is large enough to cover the extraordinary costs that

would be incurred if a terrorist act caused massive casualties, and

to replenish the reserve fund with unobligated funds from its other

grant programs.

Section 2003(c) will simplify the presently-authorized system of

using VOCA funds to provide victim compensation to American victims of terrorism abroad, by permitting OVC to establish and operate an international crime victim compensation program. This program will, in addition, cover foreign nationals who are employees

of any American government institution targeted for terrorist attack. The source of funding is the VOCA emergency reserve fund,

which Congress authorized in an amendment to the 1996

Antiterrorism and Effective Death Penalty Act.

Section 2003(d) clarifies that deposits into the Crime Victims

Fund remain available for intended uses under VOCA when not expended immediately. This should quell concerns raised regarding

the effect of spending caps included in appropriations bills last year

and this. The appropriations’ actions were meant to defer spending,

not to remove deposits from the Fund. This provision makes that

explicit.

SUMMARY OF S. 577—TWENTY-FIRST AMENDMENT ENFORCEMENT ACT

The purpose of S. 577 is to provide a mechanism to enable

States to effectively enforce their laws against the illegal interstate

shipment of alcoholic beverages. While Federal law already prohibits the interstate shipment of alcohol in violation of state law,

unfortunately, that general prohibition lacks any enforcement

mechanism. S. 577 provides that mechanism by permitting the Attorney General of a State, who has reasonable cause to believe that

his or her State laws regulating the importation and transportation

of alcohol are being violated, to file an action in federal court for

an injunction to stop those illegal shipments.

S. 577 only reaches those that violate the law. It only allows

actions for an injunction if a person is ‘‘engaged in’’ or ‘‘has engaged in’’ an act that would constitute a violation of a State law,

but prohibits injunctions to restrain otherwise lawful advertising.

Additionally, S. 577 provides that no preliminary injunctions could

be obtained without: (1) proving irreparable injury, and (2) a probability of success on the merits. S. 577 also includes a provision on

the ‘‘Rules of Construction,’’ which states that the power conveyed

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by this act is limited to the valid exercise of power vested in the

states under the 21st Amendment in accordance with Supreme

Court precedent and interpretation, and shall not be interpreted to

grant to states any additional power.

BENJAMIN GILMAN,

BILL GOODLING,

CHRIS SMITH,

HENRY J. HYDE,

NANCY L. JOHNSON,

SAM GEJDENSON,

TOM LANTOS,

BEN CARDIN,

Managers on the Part of the House.

From the Committee on the Judiciary:

ORRIN HATCH, STROM THURMOND,

From the Committee on Foreign Relations:

JESSE HELMS,

SAM BROWNBACK,

JOE BIDEN,

PAUL WELLSTONE,

Managers on the Part of the Senate.

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