Victims of Trafficking and Violence Protection Act of 2000
PL 106-386 (H.R.3244), enacted 10/28/2000

114 STAT. 1464 
PUBLIC LAW 106-386—OCT. 28, 2000 
Public Law 106-386 
106th Congress 
Oct. 28, 2000 
IH.R. 3244] 
Victims of 
Trafficking and 
Violence 
Protection Act of 
2000. 
22 u s e 7101 
note. 
An Act 
To combat trafficking in persons, especially into the sex trade, slavery, and involun-
tary servitude, to reautiiorize certain Federal programs to prevent violence against 
women, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Victims of Trafficking and 
Violence Protection Act of 2000". 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into three divisions, as 
follows: 
(1) DIVISION A.—Trafficking Victims Protection Act of 2000. 
(2) DIVISION B.—Violence Against Women Act of 2000. 
(3) DIVISION C.—Miscellaneous Provisions. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
DIVISION A—TRAFFICKING VICTIMS PROTECTION ACT OF 2000 
Sec. 101. Short title. 
Sec. 102.Purposes and findings. 
Sec. 103. Definitions. 
Sec. 104. Annual Country Reports on Human Rights Practices. 
Sec. 105. Interagency Task Force To Monitor and Combat Trafficking. 
Sec. 106. Prevention of trafficking. 
Sec. 107. Protection and assistance for victims of trafficking. 
Sec. 108. Minimum standards for the elimination of trafficking. 
Sec. 109. Assistance to foreign countries to meet minimum stsmdards. 
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. 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1465 
Sec. 1107. Amendments to domestic violence and stalking offenses. 
Sec. 1108. School and campus security. 
Sec. 1109. Dating violence. 
TITLE II—STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE 
Sec. 1201. Legal assistance for victims. 
Sec. 1202. Shelter services for battered women and children. 
Sec. 1203. Transitional housing assistance for victims of domestic violence. 
Sec. 1204. National domestic violence hotline. 
Sec. 1205. Federal victims counselors. 
Sec. 1206. Study of State laws regarding insurance discrimination against victims of 
violence against women. 
Sec. 1207. Study of workplace effects from violence against women. 
Sec. 1208. Study of unemployment compensation for victims of violence against 
women. 
Sec. 1209. Enhancing protections for older and disabled women from domestic 
violence and sexual assault. 
TITLE III—LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN 
Sec. 1301. Safe havens for children pilot program. 
Sec. 1302. Reauthorization of victims of child abuse programs. 
Sec. 1303. Report on effects of parental kidnapping laws in domestic violence cases. 
TITLE IV—STRENGTHENING EDUCATION AND TRAINING TO COMBAT 
VIOLENCE AGAINST WOMEN 
Sec. 1401. Rape prevention and education. 
Sec. 1402. Education and training to end violence against and abuse of women with 
disabilities. 
Sec. 1403. Community initiatives. 
Sec. 1404. Development of research agenda identified by the Violence Against 
Women Act of 1994. 
Sec. 1405. Standards, practice, and training for sexual assault forensic examinations. 
Sec. 1406. Education and training forjudges and court personnel. 
Sec. 1407. Domestic Violence Task Force. 
TITLE V—BATTERED IMMIGRANT WOMEN 
Sec. 1501. Short title. 
Sec. 1502. Findings and purposes. 
Sec. 1503. Improved access to immigration protections of the Violence Against 
Women Act of 1994 for battered immigrant women. 
Sec. 1504. Improved access to cancellation of removal and suspension of deportation 
under the Violence Against Women Act of 1994. 
Sec. 1505. Offering equal access to immigration protections of the Violence Against 
Women Act of 1994 for all qualified battered immigrant self-petitioners. 
Sec. 1506. Restoring immigration protections under the Violence Against Women Act 
of 1994. 
Sec. 1507. Remedying problems with implementation of the immigration provisions of 
the Violence Against Women Act of 1994. 
Sec. 1508. Technical correction to qualified alien definition for battered immigrants. 
Sec. 1509. Access to Cuban Adjustment Act for battered immigrant spouses and 
children. 
Sec. 1510. Access to the Nicaraguan Adjustment and Central American Relief Act for 
battered spouses and children. 
Sec. 1511. Access to the Haitian Refugee Fairness Act of 1998 for battered spouses 
and children. 
Sec. 1512. Access to services and legal representation for battered immigrants. 
Sec. 1513. Protection for certain crime victims including victims of crimes against 
women. 
TITLE VI—MISCELLANEOUS 
Sec. 1601. Notice requirements for sexually violent offenders. 
Sec. 1602. Teen suicide prevention study. 
Sec. 1603. Decade of pain control and research. 
DIVISION C—MISCELLANEOUS PROVISIONS 
Sec.2001.Aimee's law. 
Sec. 2002. Payment of anti-terrorism judgments. 
Sec. 2003. Aid to victims of terrorism. 
Sec. 2004. Twenty-first amendment enforcement. 
114 STAT. 1466 
PUBLIC LAW 106-386—OCT. 28, 2000 
Trafficking 
Victims 
Protection Act of 
2000. 
DIVISION A—TRAFFICKING VICTIMS 
PROTECTION ACT OF 2000 
22 use 7101 
SEC. 101. SHORT TITLE. 
This division may be cited as the "TrafiEicking Victims Protection 
Act of 2000". 
22 use 7101. 
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 piinishment 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 per-
sons is a modern form of slavery, and it is the largest manifesta-
tion of slavery today. At least 700,000 persons annually, pri-
marily women and children, are trafficked within or across 
international borders. Approximately 50,000 women and chil-
dren are trafficked into the United States each year. 
(2) Many of these persons are trafficked into the inter-
national 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, pornog-
raphy, sex tourism, and other commercial sexual services. The 
low status of women in many parts of the world has contributed 
to a burgeoning of the trafficking industry. 
(3) Trafficking in persons is not limited to the sex industry. 
This growing transnational crime also includes forced labor 
and involves significant violations of labor, public health, and 
human rights standards worldwide. 
(4) Traffickers primarily target women and girls, who are 
disproportionately affected by poverty, the lack of access to 
education, chronic unemployment, discrimination, and the lack 
of economic opportunities in countries of origin. Traffickers 
lure women and girls into their networks through false promises 
of decent working conditions at relatively good pay as nannies, 
maids, dsincers, factory workers, restaurant workers, sales 
clerks, or models. Traffickers also buy children from poor fami-
lies 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 coun-
tries 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, starva-
tion, 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 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1467 
have the same coercive effects on victims as direct threats 
to inflict such harm. 
(8) Trafficking in persons is increasingly perpetrated by 
organized, sophisticated criminal enterprises. Such trafficking 
is the fastest growing source of profits for organized criminal 
enterprises worldwide. Profits from the trafficking industry 
contribute to the expansion of organized crime in the United 
States and worldwide. Trafficking in persons is often aided 
by official corruption in countries of origin, transit, and destina-
tion, 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 kidnap-
ping, slavery, false imprisonment, assault, battery, pandering, 
fraud, and extortion. 
(11) Trafficking exposes victims to serious health risks. 
Women emd 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 substantisdly affects interstate 
and foreign commerce. Trafficking for such purposes as involun-
tary servitude, peonage, and other forms of forced labor has 
an impact on the nationwide employment network and labor 
market. Within the context of slavery, servitude, and labor 
or services which are obtained or maintained through coercive 
conduct that amounts to a condition of servitude, victims £ire 
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 inter-
preted, 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, £ind 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 guide-
lines, resulting in -weak penalties for convicted traffickers. 
(16) In some countries, enforcement against traffickers is 
also hindered by official indifference, by corruption, and some-
times even by official participation in trafficking. 
114 STAT. 1468 
PUBLIC LAW 106-386—OCT. 28, 2000 
(17) Existing laws often fail to protect victims of trafficking, 
and iDecause victims are often illegal immigrsmts in the destina-
tion coimtry, 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 traf-
ficking victims into their home countries. 
(19) Victims of severe forms of trafficking should not be 
inappropriately incarcerated, fined, or otherwise penalized 
solely for imlawfid 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 sub-
jected 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 impos-
sible 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 dig-
nity and worth of all people. It states that all men are created 
equal and that they are endowed by their Creator with certain 
unalienable rights. The right to be free fi-om slavery and invol-
untary servitude is among those unalienable rights. Acknowl-
edging this fact, the United States outlawed slavery and invol-
untary 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 involiuitary 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 Conven-
tion on the Abolition of Slavery, the Slave Trade, and Institu-
tions 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); £ind the 1991 
Moscow Document of the Organization for Security and 
Cooperation in Europe. 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1469 
(24) Trafficking in persons is a transnational crime with 
national implications. To deter international trafficking and 
bring its perpetrators to justice, nations including the United 
States must recognize that trafficking is a serious offense. 
This is done by prescribing appropriate punishment, giving 
priority to the prosecution of trafficking offenses, and protecting 
rather than punishing the victims of such offenses. The United 
States must work bilaterally and multilaterally to abolish the 
trafficking industry by taking steps to promote cooperation 
among countries linked together by international trafficking 
routes. The United States must also urge the international 
community to take strong action in multilateral fora to engage 
recalcitrant countries in serious and sustained efforts to elimi-
nate trafficking and protect trafficking victims. 
SEC. 103. DEFINITIONS. 
22 USC 7102. 
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 Representa-
tives. 
(2) COERCION.—The term "coercion" means— 
(A) threats of serious harm to or physical restraint 
against any person; 
(B) any scheme, plan, or pattern intended to cause 
a person to believe that failure to perform an act would 
result in serious harm to or physical restraint against 
any person; or 
(C) the abuse or threatened abuse of the legal process. 
(3) COMMERCIAL SEX ACT.—The term "commercial sex act" 
means any sex act on account of which anything of value 
is given to or received by any person. 
(4) DEBT BONDAGE.—^The term "debt bondage" means the 
status or condition of a debtor arising from a pledge by the 
debtor of his or her personal services or of those of a person 
under his or her control as a security for debt, if the value 
of those services as reasonably assessed is not applied toward 
the liquidation of the debt or the length and nature of those 
services are not respectively limited and defined. 
(5) INVOLUNTARY SERVITUDE.—The term "involuntary ser-
vitude" 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 
ASSISTANCE.—The term "nonhumanitarian, 
nontrade-related 
foreign assistance" means— 
(A) any assistance under the Foreign Assistance Act 
of 1961, other than— 
114 STAT. 1470 
PUBLIC LAW 106-386—OCT. 28, 2000 
(i) assistance under chapter 4 of part II of that 
Act that is made available for any program, project, 
or activity eligible for assistance under chapter 1 of 
part I of that Act; 
(ii) assistance under chapter 8 of part I of that 
Act; 
(iii) any other narcotics-related assistance under 
part I of that Act or under chapter 4 or 5 part II 
of that Act, but any such assistance provided under 
this clause shall be subject to the prior notification 
procedures applicable to reprogrammings pursuant to 
section 634A of that Act; 
(iv) disaster relief assistance, including any assist-
ance imder 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 assist-
ance 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 Invest-
ment 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 finsmcing provided 
for narcotics-related purposes following notification in 
accordance with the prior notification procedures applicable 
to reprogrammings pursuant to section 634A of the Foreign 
Assistance Act of 1961. 
(8) SEVERE FORMS OF TRAFFICKING IN PERSONS.—The term 
"severe forms of trafficking in persons" means— 
(A) sex trafficking in which a commercial sex act is 
induced by force, fi'aud, 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, provi-
sion, or obtaining of a person for labor or services, through 
the use of force, fraud, or coercion for the purpose of subjec-
tion 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 Inter-
agency Task Force to Monitor and Combat Trafficking estab-
lished under section 105. 
(12) UNITED STATES.—The term "United States" means the 
fifty States of the United States, the District of Columbia, 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1471 
the Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, the Commonwealth of the Northern Mariana 
Islands, and the territories and possessions of the United 
States. 
(13) VICTIM OF A SEVERE FORM OF TRAFFICKING.—The term 
"victim of a severe form of trafficking" means a person subject 
to an act or practice described in paragraph (8). 
(14) VICTIM OF TRAFFICKING.—The term "victim of traf-
ficking" means a person subjected to an act or practice described 
in paragraph (8) or (9). 
SEC. 104. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. 22 USC 215 In. 
(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 Traf-
ficking Victims Protection Act of 2000, in each foreign country. 
"(B) With respect to each country that is a country of 
origin, transit, or destination for victims of severe forms of 
trafficking in persons, an assessment of the efforts by the 
government of that country to combat such trafficking. The 
assessment shall address the following: 
"(i) Whether government authorities in that country 
participate in, facilitate, or condone such trafficking. 
"(ii) Which government authorities in that country are 
involved in activities to combat such trafficking. 
"(iii) What steps the government of that country has 
taken to prohibit government officials fi'om 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 elimi-
nating 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 fi'om being further victimized by traf-
fickers, government officials, or others, grants of relief fi"om 
deportation, and provision of humanitarian relief, including 
provision of mental and physical health care and shelter, 
"(vi) Whether the government of that country is cooper-
ating with governments of other countries to extradite traf-
fickers when requested, or, to the extent that such coopera-
tion 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 
114 STAT. 1472 
PUBLIC LAW 106-386—OCT. 28, 2000 
trafficking networks and in other cooperative efforts to 
combat severe forms of trafficking in persons. 
"(viii) Whether the government of that country refrains 
from prosecuting victims of severe forms of trafficking in 
persons due to such victims having been trafficked, and 
refrains from other discriminatory treatment of such vic-
tims. 
"(ix) Whether the government of that country recog-
nizes 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 per-
sons as the Secretary of State considers appropriate. 
"(2) In compihng 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 Traf-
ficking Victims Protection Act of 2000, in each foreign country. 
"(B) With respect to each country that is a country of 
origin, trgmsit, or destination for victims of severe forms of 
trafficking in persons, an assessment of the efforts by the 
government of that country to combat such trafficking. The 
assessment shall address the following: 
"(i) Whether government authorities in that country 
participate in, facilitate, or condone such trafficking. 
"(ii) Which government authorities in that country are 
involved in activities to combat such trafficking. 
"(iii) What steps the government of that country has 
taken to prohibit government officials from participating 
in, facilitating, or condoning such trafficking, including the 
investigation, prosecution, and conviction of such officials, 
"(iv) What steps the government of that country has 
taken to prohibit other individuals from participating in 
such trafficking, including the investigation, prosecution, 
and conviction of individuals involved in severe forms of 
trafficking in persons, the criminal and civil penalties for 
such trafficking, and the efficacy of those penalties in elimi-
nating or reducing such trafficMng. 
"(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 traf-
fickers, 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 cooper-
ating with governments of other countries to extradite traf-
fickers when requested, or, to the extent that such coopera-
tion 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 coimtry is taking 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1473 
all appropriate measures to modify or replace such laws 
and treaties so as to permit such cooperation. 
"(vii) Whether the government of that country is 
assisting in international investigations of transnational 
trafficking networks and in other cooperative efforts to 
combat severe forms of trafficking in persons. 
"(viii) Whether the government of that country refrains 
from prosecuting victims of severe forms of trafficking in 
persons due to such victims having been trafficked, and 
refrains from other discriminatory treatment of such vic-
tims. 
"(ix) Whether the government of that country recog-
nizes 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 per-
sons 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 TRAF- 
22 USC 7103. 
FICKING. 
(a) ESTABLISHMENT.—The President shall establish an Inter- President. 
agency Task Force to Monitor and Combat Trafficking. 
(b) APPOINTMENT.—The President shall appoint the members 
of the Task Force, which shall include the Secretary of State, 
the Administrator of the United States Agency for International 
Development, the Attorney General, the Secretary of Labor, the 
Secretary of Health and Human Services, the Director of Central 
Intelligence, and such other officials as may be designated by the 
President. 
(c) CHAIRMAN.—The Task Force shall be chaired by the Sec-
retary 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 £ind evaluate progress of the United States 
and other countries in the areas of trafficking prevention, 
protection, and assistance to victims of trafficking, and prosecu-
tion 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 coun-
tries of origin, transit, and destination. Such efforts shall aim 
to strengthen local and regional capacities to prevent traf-
ficking, 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. 
79-194 O - 00 - 24 : QL 3 Part 2 
114 STAT. 1474 
PUBLIC LAW 106-386—OCT. 28, 2000 
(5) Examine the role of the international "sex tourism" 
industry in the trafficking of persons and in the sexual exploi-
tation 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. 
22 use 7104. 
SEC. 106. PREVENTION OF TRAFFICKING. 
(a) ECONOMIC ALTERNATIVES TO PREVENT AND DETER TRAF-
FICKING.—^The President shall establish and carry out international 
initiatives to enhance economic opportunity for potential victims 
of trafficking as a method to deter trafficking. Such initiatives 
may include— 
(1) microcredit lending programs, training in business 
development, skills training, and job counseling; 
(2) programs to promote women's participation in economic 
decisionmaking; 
(3) programs to keep 
children, 
especially 
girls, in 
elementary and secondary schools, and to educate persons who 
have been victims of trafficking; 
(4) development of educational curricula regarding the dan-
gers 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 
£ind 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). 
22 use 7105. 
SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAF-
FICKING. 
(a) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES.— 
(1) IN GENERAL.—The Secretary of State and the Adminis-
trator of the United States Agency for International Develop-
ment, in consultation with appropriate 
nongovernmental 
organizations, shall establish and carry out programs and ini-
tiatives in foreign countries to assist in the safe integration. 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1475 
reintegration, or resettlement, as appropriate, of victims of 
trafficking. Such programs and initiatives shall be designed 
to meet the appropriate assistance needs of such persons and 
their children, as identified by the Task Force. 
(2) ADDITIONAL REQUIREMENT.—In establishing and con-
ducting 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.—Notwith-
standing 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 SERV-
ICES.—Subject to subparagraph (C) and, in the case of 
nonentitlement programs, to the availability of appropria-
tions, 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 agen-
cies 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 TRAF-
FICKING 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; Eind 
(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 Deadline, 
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 
114 STAT. 1476 
PUBLIC LAW 106-386—OCT. 28, 2000 
Relations, and the Committee on the Judiciary of the 
Senate. 
(E) CERTIFICATION.— 
(i) IN GENERAL.—Subject to clause (ii), the certifi-
cation referred to in subparagraph (C) is a certification 
by the Secretary of Health and Human Services, after 
consultation with the Attorney General, that the per-
son 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 Immigra-
tion and Nationality Act, as added by subsection 
(e), that has not been denied; or 
(bb) is a person whose continued presence in 
the United States the Attorney General is ensuring 
in order to effectuate prosecution of traffickers in 
persons. 
(ii) PERIOD OF EFFECTIVENESS.—^A certification 
referred to in subparagraph (C), with respect to a 
person described in clause (i)(II)(bb), shall be effective 
only for so long as the Attorney General determines 
that the continued presence of such person is necessary 
to effectuate prosecution of traffickers in persons. 
(iii) INVESTIGATION AND PROSECUTION DEFINED.— 
For the purpose of a certification under this subpara-
graph, the term 
"investigation and prosecution" 
includes— 
(I) identification of a person or persons who 
have committed severe forms of trafficking in per-
sons; 
(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 appro-
priations, 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 assist-
ance; and 
(iii) one percent for management and administra-
tion. 
(C) LIMITATION ON FEDERAL SHARE.—The Federal share 
of a grant made under this paragraph may not exceed 
75 percent of the total costs of the projects described in 
the application submitted. 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1477 
(c) TRAFFICKING VICTIM REGULATIONS.—Not later than 180 days Deadline, 
after the date of the enactment of this Act, the Attorney General 
and the Secretary of State shall promulgate regulations for law 
enforcement personnel, immigration officials, and Department of 
State officials to implement the following: 
(1) PROTECTIONS WHILE IN CUSTODY.—Victims of severe 
forms of trafficking, while in the custody of the Federal Govern-
ment 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 assist-
ance; 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 mem-
bers are not disclosed to the public. 
(2) ACCESS TO INFORMATION.—^Victims of severe forms of 
trafficking shall have access to information about their rights 
and translation services. 
(3) AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE 
UNITED STATES.—Federal law enforcement officials may permit 
an alien individual's continued presence in the United States, 
if after an assessment, it is determined that such individual 
is a victim of a severe form of trafficking £md 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 
Eind 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 con-
strued as creating any private cause of action against the United 
States or its officers or employees. 
(e) PROTECTION FROM REMOVAL FOR CERTAIN CRIME VICTIMS.— 
(1) IN GENERAL.—Section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)) is amended— 
(A) by striking "or" at the end of subparagraph (R); 
(B) by striking the period at the end of subparagraph 
(5) and inserting "; or"; and 
(C) by adding at the end the following new subpara-
graph: 
"(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, 
114 STAT. 1478 
PUBLIC LAW 106-386—OCT. 28, 2000 
"(11) 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 accoiuit 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 accompan3n[ng, or following to join, the alien described 
in clause (i).". 
(2) CONDITIONS OF NONIMMIGRANT STATUS.—Section 214 
of the Immigration and Nationality Act (8 U.S.C. 1184) is 
amended— 
(A) by redesignating the subsection (1) added by section 
625(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (PubUc Law 104-208; 110 Stat. 
3009-1820) as subsection (m); and 
(B) by adding at the end the following: 
"(n)(l) 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 nonimmigrsmt 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-
SlON.^Section 212(d) of the Immigration and Nationality Act 
(8 U.S.C. 1182(d)) is amended by adding at the end the fol-
lowing: 
"(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 para-
graphs (3), (10)(C), and (10(E)) if the activities rendering the 
alien inadmissible under the provision were caused by, or were 
incident 
to, 
the 
victimization 
described 
in 
section 
101(a)(15)(T)(i)(I).". 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1479 
(4) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO 
"T" VISA NONIMMIGRANTS.—Section 101 of the Immigration and 
Nationality Act (8 U.S.C. 1101) is amended by adding at the 
end the following new subsection: 
"(i) With respect to each nonimmigrant alien described in sub-
section (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 emplo3anent in the 
United States and provide the alien with an 'employment 
authorized' endorsement or other appropriate work permit.". 
(5) STATUTORY CONSTRUCTION.—Nothing in this section, 
or in the amendments made by this section, shall be construed 
as prohibiting the Attorney General from instituting removal 
proceedings under section 240 of the Immigration and Nation-
ality 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: 
"(1)(1) If, in the opinion of the Attorney General, a non-
immigrant 
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 admis-
sion 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 reason-
able 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 
gmy 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 o
f
— 
"(A) paragraphs (1) and (4) of section 212(a); and 
"(B) any other provision of such section (excluding para-
graphs (3), (10)(C), and (10(E)), if the activities rendering the 
alien inadmissible under the provision were caused by, or were 
114 STAT. 1480 
PUBLIC LAW 106-386—OCT. 28, 2000 
incident 
to, 
the 
victimization 
described 
in 
section 
101(a)(15)(T)(i)(I). 
"(2) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under paragraph 
(1)(A) if the alien has departed from the United States for any 
period in excess of 90 days or for any periods in the aggregate 
exceeding 180 days. 
"(3)(A) The total number of aliens whose status may be adjusted 
under paragraph (1) during any fiscal year may not exceed 5,000. 
"(B) The numerical limitation of subparagraph (A) shall only 
apply to principal aliens and not to the spouses, sons, daughters, 
or parents of such aliens. 
"(4) Upon the approval of adjustment of status under paragraph 
(1), the Attorney General shall record the alien's lawful admission 
for permanent residence as of the date of such approval.". 
(g) ANNUAL REPORTS.—On or before October 31 of each year, 
the Attorney General shall submit a report to the appropriate 
congressional committees setting forth, with respect to the preceding 
fiscal year, the number, if any, of otherwise eligible applicants 
who did not receive visas under section 101(a)(15)(T) of the 
Immigration and Nationality Act, as added by subsection (e), or 
who were unable to adjust their status under section 245(1) of 
such Act, solely on account of the unavailability of visas due to 
a limitation imposed by section 214(n)(l) or 245(1)(4)(A) of such 
Act. 
22 use 7106. 
SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAF-
FICKING. 
(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 smd punish acts of such traf-
ficking. 
(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 
pxinishment 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 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1481 
in persons that take place wholly or partly within the territory 
of the country. 
(2) Whether the government of the country protects victims 
of severe forms of trafficking in persons and encourages their 
assistance in the investigation and prosecution of such traf-
ficking, including provisions for legal alternatives to their 
removal to countries in which they would face retribution or 
hardship, and ensures that victims are not inappropriately 
incarcerated, fined, or otherwise penalized solely for unlawful 
acts as a direct result of being trafficked, 
(3) Whether the government of the country has adopted 
measures to prevent severe forms of trafficking in persons, 
such as measures to inform and educate the public, including 
potential victims, about the causes and consequences of severe 
forms of trafficking in persons. 
(4) Whether the government of the country cooperates with 
other governments in the investigation and prosecution of 
severe forms of trafficking in persons. 
(5) Whether the government of the country extradites per-
sons 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 trea-
ties 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 
22 USC 2152d. 
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 jfbr 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; 
114 STAT. 1482 
PUBLIC LAW 106-386—OCT. 28, 2000 
22 use 7107. 
Deadline. 
"(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 per-
sonnel to combat trafficking, 
"(b) FUNDING.—^Amoimts made available to carry out the other 
provisions of this part (including chapter 4 of part II of this Act) 
and the Support for East European Democracy (SEED) Act of 
1989 shall be made available to carry out this section.". 
SEC. HO. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MIN-
IMUM 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 elimi-
nation 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 congres-
sional 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 min-
imum 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 min-
imum 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 min-
imum standards for the elimination of trafficking are 
applicable and whose governments do not fiiUy comply 
with such standards and are not making significant efforts 
to bring themselves into compliance. 
(2) INTERIM REPORTS.—In addition to the smnual 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 min-
imum 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 para-
graph (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; 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1483 
(B) the extent of noncompliance with the minimum 
standards by the government and, particularly, the extent 
to which officials or employees of the government have 
participated in, facilitated, condoned, or are otherwise 
complicit in severe forms of trafficking; and 
(C) what measures are reasonable to bring the govern-
ment into compliance with the minimum standards in light 
of the resources and capabilities of the government. 
(c) NOTIFICATION.—Not less than 45 days or more than 90 Deadline, 
days after the submission, on or after January 1, 2003, of an 
annual report under subsection (b)(1), or an interim report under 
subsection (b)(2), the President shall submit to the appropriate 
congressional committees a notification of one of the determinations 
listed in subsection (d) with respect to each foreign country whose 
government, according to such report— 
(A) does not comply with the minimum standards for the 
elimination of trafficking; and 
(B) is not making significant efforts to bring itself into 
compliance, as described in subsection (b)(1)(C). 
(d) 
PRESIDENTIAL 
DETERMINATIONS.—The 
determinations 
referred to in subsection (c) are the following: 
(1) 
WITHHOLDING 
OF NONHUMANITARIAN, 
NONTRADE-
RELATED ASSISTANCE.—The President has determined that— President. 
(A)(i) the United States will not provide nonhumani-
tarian, nontrade-related foreign assistance to the govern-
ment 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 edu-
cational and cultural exchange programs for the subsequent 
fiscal year until such government complies with the min-
imum standards or maJkes significant efforts to bring itself 
into compliance; and 
(B) the President will instruct the United States Execu-
tive 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 them 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 
114 STAT, 1484 
PUBLIC LAW 106-386—OCT. 28, 2000 
President. 
President. 
22 u s e 7108. 
provided in paragraph (1). Such determination shall be accom-
panied 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 signifi-
C£mt efforts to bring itself into compliance, 
(4) 
CONTINUATION 
OF 
ASSISTANCE 
IN 
THE 
NATIONAL 
INTEREST.—Notwithstanding the failure of the government of 
the coxintry to comply with minimum standards for the elimi-
nation 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 para-
graph (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 Corpora-
tion, the Inter-American Development Bank, the Asian Develop-
ment 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 xmder sub-
section (c), the President shall provide a certification by the Sec-
retary 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 PER-
SONS. 
(1) IN GENERAL.—The President may exercise the authori-
ties 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: 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1485 
(A) Any foreign person that plays a significant role 
in a severe form of trafficking in persons, directly or 
indirectly in the United States. 
(B) Foreign persons that materially assist in, or provide 
financial or technological support for or to, or provide goods 
or services in support of, activities of a significant foreign 
trafficker in persons identified pursuant to subparagraph 
(A). 
(C) Foreign persons that are owned, controlled, or 
directed by, or acting for or on behalf of, a significant 
foreign trafficker identified pursuant to subparagraph (A). 
(2) PENALTIES.—The penalties set forth in section 206 of 
the International Emergency Economic Powers Act (50 U.S.C. 
1705) apply to violations of any license, order, or regulation 
issued under this section. 
(b) REPORT TO CONGRESS ON IDENTIFICATION AND SANCTIONING 
OF SIGNIFICANT TRAFFICKERS IN PERSONS.— 
(1) IN GENERAL.—Upon exercising the authority of sub-
section (a), the President shall report to the appropriate 
congressional committees— 
(A) identifjdng publicly the foreign persons that the 
President determines are appropriate for sanctions pursu-
ant 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 termi-
nating 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 sub-
mitted under this subsection may include an annex with classi-
fied information regarding the basis for the determination made 
by the President under paragraph (1)(A). 
(c) 
LAW ENFORCEMENT AND INTELLIGENCE ACTIVITIES NOT 
AFFECTED.—Nothing in this section prohibits or otherwise limits 
the authorized law enforcement or intelligence activities of the 
United States, or the law enforcement activities of any State or 
subdivision thereof. 
(d) EXCLUSION OF PERSONS WHO HAVE BENEFITED FROM ILLICIT 
ACTIVITIES OF TRAFFICKERS IN PERSONS.—Section 212(a)(2) of 
the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended 
by inserting at the end the following new subparagraph: 
"(H) SIGNIFICANT TRAFFICKERS IN PERSONS.— 
"(i) IN GENERAL.—^Any alien who is listed in a 
report submitted pursuant to section 111(b) of the Traf-
ficking 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 inadmis-
sible. 
"(ii) 
BENEFICIARIES OF TRAFFICKING.—Except 
as 
provided in clause (iii), any alien who the consular 
officer or the Attorney General knows or has reason 
to believe is the spouse, son, or daughter of an alien 
President. 
President. 
114 STAT. 1486 
PUBLIC LAW 106-386—OCT. 28, 2000 
inadmissible under clause (i), has, within the previous 
5 years, obtained any financial or other benefit fi-om 
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 DAUGH-
TERS.—Clause (ii) shall not apply to a son or daughter 
who was a child at the time he or she received the 
benefit described in such clause.". 
(e) IMPLEMENTATION.— 
(1) DELEGATION OF AUTHORITY,—^The President may dele-
gate 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 author-
ized 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 memner, 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). 
22 use 7109. 
SEC. 112. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAF-
FICKERS. 
(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"; 
£ind 
(B) by adding at the end the following: "If death results 
fi-om 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; 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1487 
"(2) by means of any scheme, plan, or pattern intended 
to cause the person to behave that, if the person did not 
perform such labor or services, that person or another person 
would suffer serious harm or physical restraint; or 
"(3) by means of the abuse or threatened abuse of law 
or the legal process, 
shall be fined under this title or imprisoned not more than 20 
years, or both. If death results from the violation of this section, 
or if the violation includes kidnapping or an attempt to kidnap, 
aggravated sexual abuse or the attempt to commit aggravated 
sexual abuse, or an attempt to kill, the defendant shadl be fined 
under this title or imprisoned for any term of years or life, or 
both. 
"§ 1590. Trafficking with respect to peonage, slavery, involun-
tary 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 luider 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 
trsmsported 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 accoiuit of which anything of value is given to or received 
by any person. 
"(2) The term 'coercion' means— 
114 STAT. 1488 
PUBLIC LAW 106-386—OCT. 28, 2000 
"(A) threats of serious harm to or physical restraint 
against any person; 
"(B) any scheme, plan, or pattern intended to cause 
a person to believe that failure to perform an act would 
result in serious harm to or physical restraint against 
any person; or 
"(C) the abuse or threatened abuse of law or the legal 
process. 
"(3) The term Venture' means any group of two or more 
individuals associated in fact, whether or not a legal entity. 
"§ 1592. Unlawful conduct with respect to documents in fur-
therance of trafficking, peonage, slavery, invol-
untary servitude, or forced labor 
"(a) Whoever knowingly destroys, conceals, removes, con-
fiscates, 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 Protec-
tion Act of 2000, if that conduct is caused by, or incident to, 
that trafficking. 
*'§ 1593. Mandatory restitution 
"(a) Notwithstanding section 3663 or 3663A, and in addition 
to any other civil or criminal penalties authorized by law, the 
court shall order restitution for any offense under this chapter. 
"(b)(1) The order of restitution under this section shall direct 
the defendant to pay the victim (through the appropriate court 
mechanism) the fiill 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 indi-
vidual harmed as a result of a crime under this chapter, including, 
in the case of a victim who is under 18 years of age, incompetent, 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1489 
incapacitated, or deceased, the legal guardian of the victim or 
a representative of the victim's estate, or another family member, 
or any other person appointed as suitable by the court, but in 
no event shall the defendant be named such representative or 
guardian. 
"§ 1594. General provisions 
"(a) Whoever attempts to violate section 1581, 1583, 1584, 
1589, 1590, or 1591 shall be punishable in the same manner as 
a completed violation of that section. 
"(b) The court, in imposing sentence on any person convicted 
of a violation of this chapter, shall order, in addition to £uiy 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 viola-
tion 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 Protec-
tion Act. 
114 STAT. 1490 
PUBLIC LAW 106-386—OCT. 28, 2000 
(2) In carrying out this subsection, the Sentencing Commis-
sion shall— 
(A) take £ill appropriate measures to ensure that these 
sentencing guidelines and policy statements applicable to 
the offenses described in paragraph (1) of this subsection 
are sufficiently stringent to deter and adequately reflect 
the heinous nature of such offenses; 
(B) consider conforming the sentencing guidelines 
applicable to offenses involving trafficking in persons to 
the guidelines applicable to peonage, involuntary servitude, 
and slave trade offenses; and 
(C) consider providing sentencing enhancements for 
those convicted of the offenses described in paragraph (1) 
of this subsection that— 
(i) involve a large number of victims; 
(ii) involve a pattern of continued and flagrant 
violations; 
(iii) involve the use or threatened use of a dan-
gerous 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. 
22 use 7110. 
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 sec-
tion 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 advemce projects aimed at preventing trafficking, promoting 
respect for humsm 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 publica-
tion of the list described in subsection (a)(1) of that section. 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1491 
(d) AUTHORIZATION OF APPROPRIATIONS TO ATTORNEY GEN-
ERAL.—^To carry out the purposes of section 107(b), there are author-
ized to be appropriated to the Attorney General $5,000,000 for 
fiscal year 2001 and $10,000,000 for fiscal year 2002. 
(e) AUTHORIZATION OF APPROPRIATIONS TO PRESIDENT.— 
(1) FOREIGN VICTIM ASSISTANCE.—To carry out the purposes 
of section 106, there are authorized to be appropriated to the 
President $5,000,000 for fiscal year 2001 and $10,000,000 for 
fiscal year 2002. 
(2) ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM 
STANDARDS.—To carry out the purposes of section 109, there 
are authorized to be appropriated to the President $5,000,000 
for fiscal year 2001 and $10,000,000 for fiscal year 2002. 
(f) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF 
LABOR.—^To carry out the purposes of section 107(b), there are 
authorized to be appropriated to the Secretary of Labor $5,000,000 
for fiscal year 2001 and $10,000,000 for fiscal year 2002. 
DIVISION B—VIOLENCE AGAINST 
WOMEN ACT OF 2000 
Violence Against 
Women Act of 
2000. 
SEC. 1001. SHORT TITLE. 
This division may be cited as the "Violence Against Women 
Act of 2000". 
SEC. 1002. DEFINITIONS. 
In this division— 
(1) the term "domestic violence" has the meaning given 
the term in section 2003 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); 
and 
(2) the term "sexual assault" has the meaning given the 
term in section 2003 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2). 
SEC. 1003. ACCOUNTABILITY AND OVERSIGHT. 
(a) REPORT BY GRANT RECIPIENTS.—^The Attorney General or 
Secretary of Health and Human Services, as applicable, shall 
require grantees under any program authorized or reauthorized 
by this division or an amendment made by this division to report 
on the effectiveness of the activities carried out with amounts 
made available to carry out that program, including number of 
persons served, if applicable, numbers of persons seeking services 
who could not be served and such other information as the Attorney 
General or Secretary may prescribe. 
(b) REPORT TO CONGRESS.—The Attorney General or Secretary 
of Health and Human Services, as applicable, shall report biennially 
to the Committees on the Judiciary of the House of Representatives 
and the Senate on the grant programs described in subsection 
(a), including the information contained in any report under that 
subsection. 
42 u s e 13701 
note. 
42 u s e 3796gg-
2 note. 
42 u s e 3789p. 
114 STAT. 1492 
PUBLIC LAW 106-386—OCT. 28, 2000 
TITLE 
I—STRENGTHENING LAW EN-
FORCEMENT TO REDUCE VIOLENCE 
AGAINST WOMEN 
SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION 
ORDERS. 
(a) IN GENERAL.—Part U of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) 
is amended— 
(1) in the heading, by adding "AND ENFORCEMENT 
OF PROTECTION ORDERS" at the end; 
42 use 3796hh. 
(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 protec-
tion orders, including interstate enforcement, 
enforcement 
between States and tribal jurisdictions, and enforcement 
between tribal jurisdictions."; and 
42 use 3796hh- 
(3) in section 2102— 
1- 
(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 dem-
onstrate effective ongoing collaborative arrangements with 
neighboring jurisdictions to facilitate the enforcement of protec-
tion 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 
£ind communication systems, including computerized systems, 
and training on how to use these systems effectively to link 
police, prosecutors, courts, and tribal jurisdictions for the pur-
pose 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 govern-
ment.". 
(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— 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1493 
(A) in the heading, by striking "FILDNTG" and inserting 
"AND PROTECTION ORDERS" after "CHARGES"; 
(B) in subsection (a)— 
(i) by striking paragraph (1) and inserting the 
following: 
"(1) certifies that its laws, policies, and practices do not 
require, in connection with the prosecution of any misdemeanor 
or felony domestic violence offense, or in connection with the 
filing, issuance, registration, or service of a protection order, 
or a petition for a protection order, to protect a victim of 
domestic violence, stalking, or sexual assault, that the victim 
bear the costs associated with the filing of criminal charges 
against the offender, or the costs associated with the filing, 
issuance, registration, or service of a warrant, protection order, 
petition for a protection order, or witness subpoena, whether 
issued inside or outside the State, tribal, or local jurisdiction; 
or"; and 
(ii) in paragraph (2)(B), by striking "2 years" and 
inserting "2 years after the date of the enactment 
of the Violence Against Women Act of 2000"; and 
(C) by adding at the end the following: 
"(c) DEFINITION.—In this section, the term 'protection order' 
has the meaning given the term in section 2266 of title 18, United 
States Code.". 
(2) ELIGIBILITY FOR GRANTS TO ENCOURAGE ARREST 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 POLI-
CIES.—Section 2102(a)(1)(B) of part U of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
1(a)(1)(B)) is amended by inserting before the semicolon the 
following: "or, in the case of the condition set forth in subsection 
2101(c)(4), the expiration of the 2-year period beginning on 
the date the of the enactment of the Violence Against Women 
Act of 2000". 
(4) REGISTRATION FOR PROTECTION ORDERS.—Section 2265 
of title 18, United States Code, is amended by adding at the 
end the following: 
114 STAT. 1494 
PUBLIC LAW 106-386—OCT. 28, 2000 
42 use 3796gg. 
42 use 3796gg-
1. 
"(d) NOTIFICATION AND REGISTRATION.— 
"(1) NOTIFICATION.—^A State or Indian tribe according full 
faith and credit to an order by a court of another State or 
Indian tribe shall not notify or require notification of the party 
against whom a protection order has been issued that the 
protection order has been registered or filed in that enforcing 
State or tribal jurisdiction unless requested to do so by the 
party protected under such order. 
"(2) No PRIOR REGISTRATION OR FILING AS PREREQUISITE 
FOR ENFORCEMENT.—Any protection order that is otherwise 
consistent with this section shall be accorded full faith and 
credit, notwithstanding failure to comply with any requirement 
that the order be registered or filed in the enforcing State 
or tribal jurisdiction. 
"(e) TRIBAL COURT JURISDICTION.—For purposes of this section, 
a tribal court shall have full civil jurisdiction to enforce protection 
orders, including authority to enforce any orders through civil con-
tempt 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 govern-
ments," 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 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1495 
(0) 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 juve-
nile courts)," after "Indian tribal governments"; 
(B) in paragraph (2), by striking "policies and" and 
inserting "policies, educational programs, and"; 
(C) in paragraph (3), by inserting "parole and probation 
officers," after "prosecutors,"; and 
(D) in paragraph (4), by inserting "parole and probation 
officers," after "prosecutors,"; 
(3) in subsection (c), by inserting "State and local courts 
(including juvenile courts)," after "Indian tribal governments"; 
and 
(4) by adding at the end the following: 
"(e) ALLOTMENT FOR INDIAN TRIBES.—Not less than 5 percent 
of the total amount made available for grants under this section 
for each fiscal year shall be available for grants to Indian tribal 
governments.". 
SEC. 1103. REAUTHORIZATION OF STOP GRANTS. 
(a) REAUTHORIZATION.—Section 1001(a) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) 
is amended by striking paragraph (18) and inserting the following: 
"(18) There is authorized to be appropriated to carry out part 
T $185,000,000 for each of fiscal years 2001 through 2005.". 
(b) GRANT PURPOSES.—Part T of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) 
is amended— 
(1) in section 2001— 
42 USC 3796gg. 
(A) in subsection (b)— 
(i) in paragraph (5), by striking "racial, cultural, 
ethnic, and language minorities" and inserting "under-
served 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, multidisci-
plinary 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, anal-
ysis, 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.— 
114 STAT. 1496 
PUBLIC LAW 106-386—OCT. 28, 2000 
42 use 3796gg-
1. 
42 use 3796gg-
2. 
"(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 deter-
mined by the Secretary of Health and Human Services 
through the Family Violence Prevention and Services Act 
(42 U.S.C. 10410 et seq.); and 
"(B) each State sexual assault coalition, as determined 
by the Center for Injury Prevention and Control of the 
Centers for Disease Control and Prevention under the 
PubHc 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 para-
graphs (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 V54 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 coali-
tion 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 V54 of the total amount 
made available under this paragraph for each fiscal year; 
"(4) V54 shall be available for the development and oper-
ation 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 popu-
lations underserved because of geographic location (such as 
rural isolation), underserved racial and ethnic populations, 
populations underserved because of special needs (such as lan-
guage 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 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1497 
(4) in section 2004(b)(3), by inserting ", and the membership 
42 USC 3796gg-
of persons served in any underserved population" before the 3-
semicolon. 
SEC. 1104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST 
POLICIES. 
Section 1001(a) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking 
paragraph (19) and inserting the following: 
"(19) There is authorized to be appropriated to carry out part 
U $65,000,000 for each of fiscal years 2001 through 2005.". 
SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND 
CHILD ABUSE ENFORCEMENT GRANTS. 
Section 40295(c) of the Violence Against Women Act of 1994 
(42 U.S.C. 13971(c)) is amended— 
(1) by striking paragraph (1) and inserting the following: 
"(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $40,000,000 for each of fiscal years 
2001 through 2005."; and 
(2) by adding at the end the following: 
"(3) ALLOTMENT FOR INDIAN TRIBES.—Not less than 5 per-
cent 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 
42 use I403i. 
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 intimi-
date 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).". 
114 STAT. 1498 
PUBLIC LAW 106-386—OCT. 28, 2000 
(b) INTERSTATE STALKING.— 
(1) IN GENERAL.—Section 2261A of title 18, United States 
Code, is amended to read as follows: 
*
*
§ 2261A. Interstate stalking 
"Whoever— 
"(1) travels in interstate or foreign commerce or within 
the special maritime and territorial jurisdiction of the United 
States, or enters or leaves Indian country, with the intent 
to kill, injure, harass, or intimidate another person, and in 
the course of, or as a result of, such travel places that person 
in reasonable fear of the death of, or serious bodily injury 
to, that person, a member of the immediate family (as defined 
in section 115) of that person, or the spouse or intimate partner 
of that person; or 
"(2) with the intent— 
"(A) to kill or injure a person in another State or 
tribal jurisdiction or within the special maritime and terri-
torial jurisdiction of the United States; or 
"(B) to place a person in another State or tribal jurisdic-
tion, or within the special maritime and territorial jurisdic-
tion 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).". 
28 u s e 994 note. 
(2) AMENDMENT OF FEDERAL SENTENCING GUIDELINES.— 
(A) IN GENERAL.—Pursuant to its authority under sec-
tion 994 of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal Sen-
tencing 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 llOA of title 18, United States 
Code. 
(c) INTERSTATE VIOLATION OF PROTECTION ORDER.—Section 
2262 of title 18, United States Code, is amended by striking sub-
section (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 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1499 
against, contact or communication with, or physical proximity 
to, another person, or that would violate such a portion of 
a protection order in the jurisdiction in which the order was 
issued, and subsequently engages in such conduct, shall be 
piinished as provided in subsection (b). 
"(2) CAUSING TRAVEL OF VICTIM,—A person who causes 
another person to travel in interstate or foreign commerce 
or to enter or leave Indian country by force, coercion, duress, 
or fraud, and in the course of, as a result of, or to facilitate 
such conduct or travel engages in conduct that violates the 
portion of a protection order that prohibits or provides protec-
tion against violence, threats, or harassment against, contact 
or commtinication with, or physical proximity to, another per-
son, 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, 
Einother 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 cus-
tody 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 smother 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 o
f
— 
"(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 2261 
A, a spouse or former spouse of 
the target of the stalking, a person who shares a child 
114 STAT. 1500 
PUBLIC LAW 106-386—OCT. 28, 2000 
in common with the target of the stalking, and a person 
who cohabits or has cohabited as a spouse with the 
target of the stalking; and 
"(B) any other person similarly situated to a spouse 
who is protected by the domestic or family violence laws 
of the State or tribal jurisdiction in which the injury 
occurred or where the victim resides. 
"(8) STATE.—The term 'State' includes a State of the United 
States, the District of Columbia, and a commonwealth, terri-
tory, 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 per-
sons 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 "organiza-
tion"; 
(ii) by inserting ", dating violence" after "assists 
domestic violence"; 
(iii) by striking "or domestic violence" and inserting 
", domestic violence or dating violence"; and 
(iv) 
by 
inserting 
"dating 
violence," 
before 
"stalking,"; and 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1501 
(4) in subsection (g), by striking "fiscal year 1999 and 
such sums as may be necessary for each of the 4 succeeding 
fiscal years" and inserting "each of fiscal years 2001 through 
2005". 
(b) MATCHING GRANT PROGRAM FOR SCHOOL SECURITY.—Title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
is amended by inserting after part Z the following new part: 
"PART AA—MATCHING GRANT PROGRAM FOR 
SCHOOL SECURITY 
"SEC. 2701. PROGRAM AUTHORIZED. 
42 USC 3797a. 
"(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 dem-
onstrated 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 £iny 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. 
114 STAT. 1502 
PUBLIC LAW 106-386—OCT. 28, 2000 
42 use 3797b. 
"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 o
f
— 
"(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 pre-
venting school violence; and 
"(B) individualized to the needs of each school at which 
those improvements are to be made. 
Deadline. 
"(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. 
42 use 3797c. 
"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 activi-
ties 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. 
42 use 3797d. 
"SEC. 2704. DEFINITIONS. 
"For purposes of this part— 
"(1) the term 'school' means a public elementary or sec-
ondary 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)). 
42 use 3797e. 
"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 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1503 
(B) by adding at the end the following: 
"(9) the term 'dating violence' means violence committed 
by a person— 
"(A) who is or has been in a social relationship of 
a romantic or intimate nature with the victim; and 
"(B) where the existence of such a relationship shall 
be determined based on a consideration of the following 
factors: 
"(i) the length of the relationship; 
"(ii) the type of relationship; and 
"(iii) the frequency of interaction between the per-
sons 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 per-
sons 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 ENFORCE-
MENT.—Section 40295(a) of the Safe Homes for Women Act of 
1994 (42 U.S.C. 13971(a)) is amended— 
(1) in paragraph (1), by inserting "and dating violence 
(as defined in section 2003 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))" 
after "domestic violence"; and 
(2) in paragraph (2), by inserting "and dating violence 
(as defined in section 2003 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))" 
after "domestic violence". 
114 STAT. 1504 
PUBLIC LAW 106-386—OCT. 28, 2000 
TITLE II—STRENGTHENING SERVICES 
TO VICTIMS OF VIOLENCE 
42USC3796gg- 
SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS. 
g 
(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 assist-
ance" includes assistance to victims of domestic violence, 
stalking, and sexual assault in family, immigration, administra-
tive agency, or housing matters, protection or stay away order 
proceedings, and other similar matters. No funds made avail-
able under this section may be used to provide financial assist-
ance in support of any litigation described in paragraph (14) 
of section 504 of PubUc 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 non-
profit 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 dem-
onstrated history of providing direct legal or advocacy services 
on behalf of these victims; and 
(3) to provide training, technical assistance, and data collec-
tion to improve the capacity of grantees and other entities 
to offer legal assistance to victims of domestic violence, stalking, 
and sexual assault. 
(d) ELIGIBILITY.—To be eligible for a grant under subsection 
(c), applicants shall certify in writing that— 
(1) any person providing legal assistance through a program 
funded under subsection (c) has completed or will complete 
training in connection with domestic violence or sexual assault 
and related legal issues; 
(2) any training program conducted in satisfaction of the 
requirement of paragraph (1) has been or will be developed 
with input from and in collaboration with a State, local, or 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1505 
tribal domestic violence or sexual assault program or coalition, 
as well as appropriate State and local law enforcement officials; 
(3) any person or organization providing legal assistance 
through a program funded under subsection (c) has informed 
and will continue to inform State, local, or tribal domestic 
violence or sexual assault programs and coalitions, as well 
as appropriate State and local law enforcement officials of 
their work; and 
(4) the grantee's organizational policies do not require medi-
ation 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 
grgmts funded under this section through contracts or other arrange-
ments 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 CHIL-
DREN. 
(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 Vs of 1 percent 
of the amounts available for grants under section 303(a) for 
the fiscal year for which the allotment is made; and 
79-194 O-00-25:(^3Part2 
114 STAT. 1506 
PUBLIC LAW 106-386--OCT. 28, 2000 
"(2) each State shall be allotted for payment in a grant 
authorized under section 303(a), $600,000, with the remaining 
funds to be allotted to each State in an amount that bears 
the same ratio to such remaining funds as the population 
of such State bears to the population of all States."; 
(2) in subsection (c), in the first sentence, by inserting 
"and available" before "for grants"; and 
(3) by adding at the end the following: 
"(e) In subsection (a)(2), the term "State" does not include 
any jurisdiction specified in subsection (a)(1).". 
SEC. 1203. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF 
DOMESTIC VIOLENCE. 
Title III of the Family Violence Prevention and Services Act 
(42 U.S.C. 10401 et seq.) is amended by adding at the end the 
following: 
42 use 10419. 
"SEC. 319. TRANSITIONAL HOUSING ASSISTANCE. 
"(a) IN GENERAL.—The Secretary shall award grants under 
this section to carry out programs to provide assistance to individ-
uals, 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 utili-
ties pa3rments 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 assist-
ance 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 transpor-
tation, 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 assist-
ance 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 addi-
tional 6-month period with respect to any individual (and 
dependents of the individual) who has made a good-faith effort 
to acquire permanent housing and has been unable to acquire 
the housing. 
"(d) REPORTS.— 
"(1) REPORT TO SECRETARY.— 
"(A) IN GENERAL.—^An entity that receives a grant 
under this section shall annually prepare and submit to 
the Secretary a report describing the number of individuals 
and dependents assisted, and the tjrpes of housing assist-
ance and support services provided, under this section. 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1507 
"(B) CONTENTS.—Each report shall include information 
on-
"(i) the purpose and amount of housing assistance 
provided to each individual or dependent assisted 
under this section; 
"(ii) the number of months each individual or 
dependent received the assistance; 
"(iii) the number of individuals and dependents 
who were eligible to receive the assistance, and to 
whom the entity could not provide the assistance solely 
due to a lack of available housing; and 
"(iv) the type of support services provided to each 
individual or dependent assisted under this section. 
"(2) REPORT TO CONGRESS.—The Secretary shall annually 
prepare and submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the Judiciary 
of the Senate a report that contains a compilation of the 
information contained in reports submitted under paragraph 
(1). 
"(e) EVALUATION, MONITORING, AND ADMINISTRATION.—Of the 
amount appropriated under subsection (f) for each fiscal year, not 
more than 1 percent shall be used by the Secretary for evaluation, 
monitoring, and administrative costs under this section. 
"(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $25,000,000 for fiscal 
year 2001.". 
SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE. 
Section 316(f) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10416(f)) is amended by striking paragraph (1) 
and inserting the following: 
"(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this section $2,000,000 for each of fiscal years 
2001 through 2005.". 
SEC. 1205. FEDERAL VICTIMS COUNSELORS. 
Section 40114 of the Violent Crime Control and Law Enforce-
ment Act of 1994 (Pubhc 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 DISCRIMI-
NATION 
AGAINST VICTIMS OF VIOLENCE AGAINST 
WOMEN. 
(a) IN GENERAL.—The Attorney General shall conduct a 
national study to identify State laws that address discrimination 
against victims of domestic violence and sexual assault related 
to issuance or administration of insurance policies. 
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Attorney General shall submit to Congress 
a report on the findings and recommendations of the study required 
by subsection (a). 
SEC. 1207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST 
WOMEN. 
The Attorney General shall— 
42 u s e 14042 
note. 
Deadline. 
42 u s e 14042 
note. 
114 STAT. 1508 
PUBLIC LAW 106-386—OCT. 28, 2000 
(1) conduct a national survey of plans, programs, and prac-
tices developed to assist employers and employees on appro-
priate responses in the workplace related to victims of domestic 
violence, stalking, or sexual assault; and 
(2) not later than 18 months after the date of the enactment 
of this Act, submit to Congress a report describing the results 
of that survey, which report shall include the recommendations 
of the Attorney General to assist employers and employees 
affected in the workplace by incidents of domestic violence, 
stalking, and sexual assault. 
42 use 14042 
SEC. 1208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS 
note. 
OF VIOLENCE AGAINST WOMEN. 
The Secretary of Labor, in consultation with the Attorney Gen-
eral, shall— 
(1) conduct a national study to identify State laws that 
address the separation from employment of an employee due 
to circumstances directly resulting from the experience of 
domestic violence by the employee and circumstances governing 
that receipt (or nonreceipt) by the employee of unemployment 
compensation based on such separation; and 
(2) not later than 1 year after the date of the enactment 
of this Act, submit to Congress a report describing the results 
of that study, together with any recommendations based on 
that study. 
SEC. 1209. ENHANCING PROTECTIONS FOR OLDER AND DISABLED 
WOMEN 
FROM 
DOMESTIC 
VIOLENCE 
AND 
SEXUAL 
ASSAULT. 
(a) ELDER ABUSE, NEGLECT, AND EXPLOITATION.—The Violence 
Against Women Act of 1994 (108 Stat. 1902 et seq.) is amended 
by adding at the end the following: 
'^Subtitle H—Elder Abuse, Neglect, and Ex-
ploitation, Including Domestic Violence 
and Sexual Assault Against Older or Dis-
abled Individuals 
42 use 14041. 
"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-
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1509 
"SEC. 40802. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFI-
CERS. 
"The Attorney General may make grants for training programs 
to assist law enforcement officers, prosecutors, and relevant officers 
of Federal, State, tribal, and local courts in recognizing, addressing, 
investigating, and prosecuting instances of elder abuse, neglect, 
and exploitation and violence against individuals with disabilities, 
including domestic violence and sexual assault, against older or 
disabled individuals. 
"SEC. 40803. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out this 
subtitle $5,000,000 for each of fiscal years 2001 through 2005.". 
(b) PROTECTIONS FOR OLDER AND DISABLED INDIVIDUALS FROM 
DOMESTIC 
VIOLENCE 
AND 
SEXUAL 
ASSAULT 
IN 
PRO-ARREST 
GRANTS.—Section 2101(b) of part U of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) 
is amended by adding at the end the following: 
"(8) To develop or strengthen policies and training for 
police, prosecutors, and the judiciary in recognizing, inves-
tigating, 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 
42 u s e 14041a. 
42 u s e 14041b. 
42 u s e 3796hh. 
S E C . 1301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM. 
(a) IN GENERAL.—^The Attorney General may award grants 
to States, units of local government, and Indian tribal governments 
that propose to enter into or expand the scope of existing contracts 
and cooperative agreements with public or private nonprofit entities 
to provide supervised visitation and safe visitation exchange of 
children by and between parents in situations involving domestic 
violence, child abuse, sexual assault, or stalking. 
(b) CONSIDERATIONS.—In awarding grants under subsection (a), 
the Attorney General shall take into account— 
(1) the number of families to be served by the proposed 
visitation programs and services; 
42 u s e 10420. 
114 STAT. 1510 
PUBLIC LAW 106-386—OCT. 28, 2000 
(2) the extent to which the proposed supervised visitation 
programs sind 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 sys-
tems, including mechanisms for communication gmd 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 pre-
venting 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.— 
Deadline. 
(1) IN GENERAL.—^Not later than 1 year after the last day 
of the first fiscal year commencing on or after the date of 
the enactment of this Act, and not later than 180 days after 
the last day of each fiscal year thereafter, the Attorney General 
shall submit to Congress a report that includes information 
concerning— 
(A) the number of— 
(i) individuals served and the number of individ-
uals turned away from visitation programs and services 
£ind 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 visita-
tion 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 trans-
fers, and other activities for which supervised visitation 
is established under this section; 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1511 
(D) safety and security problems occurring during the 
reporting period during supervised visitation iinder 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 prosecu-
tion 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 govern-
ments. 
SEC. 1302. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PRO-
GRAMS. 
(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 42 use 3793 
shall— 
note. 
(1) 
annually 
compile 
£uid 
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. 
114 STAT. 1512 
PUBLIC LAW 106-386—OCT. 28, 2000 
28 u s e 1738A 
SEC. 1303. REPORT ON EFFECTS OF PARENTAL KIDNAPPBVG LAWS 
note. 
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 Enforce-
ment 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 amend-
ments 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 
EDU-
CATION 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: 
42 u s e 280b-lc. 
"SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION. 
"(a) 
PERMITTED USE.—The Secretary, acting through the 
National Center for Injury Prevention and Control at the Centers 
for Disease Control and Prevention, shall award targeted grants 
to States to be used for rape prevention and education programs 
conducted by rape crisis centers. State sexual assault coalitions, 
and other public and private nonprofit entities for— 
"(1) educational seminars; 
"(2) the operation of hotlines; 
"(3) training programs for professionals; 
"(4) the preparation of informational material; 
"(5) education and training programs for students and cam-
pus personnel designed to reduce the incidence of sexual assault 
at colleges and universities; 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1513 
"(6) education to increase awareness about drugs used to 
facilitate rapes or sexual assaults; and 
"(7) other efforts to increase awareness of the facts about, 
or to help prevent, sexual assault, including efforts to increase 
awareness in underserved communities and awareness among 
individuals with disabilities (as defined in section 3 of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12102)). 
"(b) COLLECTION AND DISSEMINATION OF INFORMATION ON 
SEXUAL ASSAULT.—The Secretary shall, through the National 
Resource Center on Sexual Assault established under the National 
Center for Injury Prevention and Control at the Centers for Disease 
Control and Prevention, provide resource information, policy, 
training, and technical assistance to Federal, State, local, and 
Indian tribal agencies, as well as to State sexual assault coalitions 
and local sexual assault programs and to other professionals and 
interested parties on issues relating to sexual assault, including 
maintenance of a central resource library in order to collect, prepare, 
analyze, and disseminate information and statistics and analyses 
thereof relating to the incidence and prevention of sexual assault. 
"(c) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $80,000,000 for each of fiscal years 
2001 through 2005. 
"(2) NATIONAL RESOURCE CENTER ALLOTMENT.—Of the total 
amount made available under this subsection in each fiscal 
year, not more than the greater of $1,000,000 or 2 percent 
of such amount shall be available for allotment under sub-
section (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 42 USC 300w-l0. 
section, is repealed. 
SEC. 1402. EDUCATION AND TRAINING TO END VIOLENCE AGAINST 42 USC 3796gg-
AND ABUSE OF WOMEN WITH DISABILITIES. 
7. 
(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, consulta-
tion, and information on domestic violence, stalking, and sexual 
assault against women who are individuals with disabilities (as 
defined in section 3 of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12102)). 
114 STAT. 1514 
PUBLIC LAW 106-386—OCT. 28, 2000 
42 use 13961 
note. 
Deadline. 
(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 assist-
ance; 
(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 "Under-
standing Violence Against Women" of the National Academy 
of Sciences; and 
(2) not later than 1 year after the date of the enactment 
of this Act, in consultation with the Secretary of the Depart-
ment of Health and Human Services, submit to Congress a 
report which shall include— 
(A) a description of the research agenda developed 
under paragraph (1) and a plan to implement that agenda; 
and 
(B) recommendations for priorities in carrying out that 
agenda to most effectively advance knowledge about and 
means by which to prevent or reduce violence against 
women. 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1515 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section. 
SEC. 1405. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL 42 USC 3796gg 
ASSAULT FORENSIC EXAMINATIONS. 
note. 
(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 proto-
cols 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 pro-
grams for criminal justice, forensic nursing, forensic science, emer-
gency room medicine, law, social services, and sex crimes in under-
served 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 oi the enactment of this Act, a report 
of the actions taken pursuant to subsection (a) is submitted to 
Congress. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $200,000 for fiscal 
year 2001. 
SEC. 1406. EDUCATION AND TRAINING FOR JUDGES AND COURT PER-
SONNEL. 
(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 testi-
mony in custody and visitation determinations 
involving 
domestic violence; 
"(21) the issues raised by child sexual assault in deter-
mining custody and visitation, including how to protect the 
114 STAT. 1516 
PUBLIC LAW 106-386—OCT. 28, 2000 
safety of the child, the legitimate reasons parents may report 
child sexual assault, and evaluating expert testimony in custody 
and visitation determinations involving child sexual assault, 
including the current scientifically-accepted and empirically 
valid research on child sexual assault; 
"(22) the extent to which addressing domestic violence and 
victim safety contributes to the efficient administration of jus-
tice;". 
(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 coali-
tions" 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 PRO-
GRAMS.—Section 40414 of the Equal Justice for Women in 
the Courts Act of 1994 (42 U.S.C. 13994) is amended by adding 
at the end the following: 
"(c) STATE JUSTICE INSTITUTE.—The State Justice Institute may 
use up to 5 percent of the funds appropriated under this section 
for annually compiling and broadly disseminating 
(including 
through electronic publication) information about the use of funds 
and about the projects funded under this section, including any 
evaluations of the projects and information to enable the replication 
and adoption of the projects.", 
(d) DATING VIOLENCE.— 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1517 
(1) SECTION 40411.—Section 40411 of the Equal Justice 
for Women in Courts Act of 1994 (42 U.S.C 13991) is amended 
by inserting "dating violence," after "domestic violence,". 
(2) SECTION 40412.—Section 40412 of such Act (42 U.S.C 
13992) is amended— 
(A) in paragraph (10), by inserting "and dating violence 
(as defined in section 2003 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-
2))" before the semicolon; 
(B) in paragraph (11), by inserting "and dating 
violence" after "domestic violence"; 
(C) in paragraph (13), by inserting "and dating 
violence" after "domestic violence" in both places that it 
appears; 
(D) in paragraph (17), by inserting "or dating violence" 
after "domestic violence" in both places that it appears; 
and 
(E) in paragraph (18), by inserting "and dating 
violence" after "domestic violence". 
SEC. 1407. DOMESTIC VIOLENCE TASK FORCE 
The Violence Against Women Act of 1994 (108 Stat. 1902 et 
seq.) (as amended by section 1209(a) of this division) is amended 
by adding at the end the following: 
"Subtitle I—Domestic Violence Task Force 
"SEC. 40901. TASK FORCE. 
42 USC 14042. 
"(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 inter-
vention 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(l)). 
"(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.". 
114 STAT. 1518 
PUBLIC LAW 106-386—OCT. 28, 2000 
Battered 
TITLE V—BATTERED IMMIGRANT 
w^Sr' 
, 
WOMEN 
Protection Act of 
8 u s e 1101 note. 
SEC.1501. SHORT TITLE. 
This title may be cited as the "Battered Immigrant Women 
Protection Act of 2000". 
8 u s e 1101 note. 
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 rela-
tionships; 
(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 protec-
tions 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 Immigra-
tion 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)(l)(A)(iii)(II)(aa)(BB), 
204(a)(l)(B)(ii)(II)(aa)(BB), or 240A(b)(2)(A)(i)(III).". 
(b) IMMEDIATE RELATIVE STATUS FOR SELF-PETITIONERS MAR-
RIED TO U.S. CITIZENS.— 
(1) SELF-PETITIONING SPOUSES.— 
(A) BATTERY OR CRUELTY TO ALIEN OR ALIEN'S CHILD.— 
Section 204(a)(l)(A)(iii) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(l)(A)(iii)) is amended to read as fol-
lows: 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1519 
"(iii)(I) An alien who is described in subclause (II) may file 
a petition with the Attorney General under this clause for classifica-
tion 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. 
"(11) 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 classi-
fied 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)(l)(A)(iv) of 
the Immigration and Nationality Act (8 U.S.C. 1154(a)(l)(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 classifica-
tion of the alien (£ind any child of the alien) under such section 
if the alien demonstrates to the Attorney General that the alien 
has been battered by or has been the subject of extreme cruelty 
perpetrated by the alien's citizen parent. For purposes of this clause, 
residence includes any period of visitation.". 
(3) FILING OF PETITIONS.—Section 204(a)(1)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is 
amended by adding at the end the following: 
114 STAT. 1520 
PUBLIC LAW 106-386—OCT. 28, 2000 
"(v) An alien who— 
"(I) is the spouse, intended spouse, or child living abroad 
of a citizen who— 
"(aa) is an employee of the United States Government; 
"(bb) is a member of the uniformed services (as defined 
in section 101(a) of title 10, United States Code); or 
"(cc) has subjected the alien or the alien's child to 
battery or extreme cruelty in the United States; and 
"(II) is eligible to file a petition under clause (iii) or (iv), 
shall file such petition with the Attorney General under the proce-
dures that apply to self-petitioners under clause (iii) or (iv), as 
applicable.". 
(c) SECOND PREFERENCE IMMIGRATION STATUS FOR SELF-PETI-
TIONERS MARRIED TO LAWFUL PERMANENT RESIDENTS.— 
(1) SELF-PETITIONING SPOUSES.—Section 204(a)(l)(B)(ii) of 
the Immigration and Nationality Act (8 U.S.C. 1154(a)(l)(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 classifica-
tion 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 perma-
nent 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 mar-
riage is not legitimate solely because of the bigamy of such 
lawful permanent resident of the United States; or 
"(CC) who was a bona fide spouse of a lawful permanent 
resident within the past 2 years and— 
"(aaa) whose spouse lost status within the past 2 years 
due to an incident of domestic violence; or 
"(bbb) who demonstrates a connection between the 
legal termination of the marriage within the past 2 years 
and battering or extreme cruelty by the lawful permanent 
resident spouse; 
"(bb) who is a person of good moral character; 
"(cc) who is eligible to be classified as a spouse of an 
alien lawfully admitted for permanent residence under section 
203(a)(2)(A) or who would have been so classified but for the 
bigamy of the lawful permanent resident of the United States 
that the alien intended to marry; and 
"(dd) who has resided with the alien's spouse or intended 
spouse.". 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1521 
(2) SELF-PETITIONING CHILDREN.—Section 204(a)(l)(B)(iii) 
of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(l)(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 classifica-
tion 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 OP 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 luiiformed 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; £ind 
"(II) is eligible to file a petition under clause (ii) or (iii), 
shall file such petition with the Attorney General under the proce-
dures that apply to self-petitioners under clause (ii) or (iii), as 
applicable.". 
(d) GOOD MORAL CHARACTER DETERMINATIONS FOR SELF-PETI-
TIONERS AND TREATMENT OF CHILD SELF-PETITIONERS AND PETI-
TIONS 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 deter-
mination of the petitioner's admissibility under section 212(a) or 
deportability under section 237(a) shall not bar the Attorney Gen-
eral from finding the petitioner to be of good moral character 
under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney 
General finds that the act or conviction was connected to the alien's 
having been battered or subjected to extreme cruelty. 
"(D)(i)(I) Any child who attains 21 years of age who has filed 
a petition under clause (iv) of section 204(a)(1)(A) that was filed 
or approved before the date on which the child attained 21 years 
of age shall be considered (if the child has not been admitted 
or approved for lawful permanent residence by the date the child 
attained 21 years of age) a petitioner for preference status under 
paragraph (1), (2), or (3) of section 203(a), whichever paragraph 
is applicable, with the same priority date assigned to the self-
petition filed under clause (iv) of section 204(a)(1)(A). No new peti-
tion shall be required to be filed. 
114 STAT. 1522 
PUBLIC LAW 106-386—OCT. 28, 2000 
"(II) Any individual described in subclause (I) is eligible for 
deferred action and work authorization. 
"(Ill) 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 deriva-
tive 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 mar-
ital 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 inadmis-
sible or deportable from the United States if the alien 
demonstrates that— 
"(i)(I) the alien has been battered or subjected 
to extreme cruelty by a spouse or parent who is or 
was a United States citizen (or is the parent of a 
child of a United States citizen and the child has 
been battered or subjected to extreme cruelty by such 
citizen parent); 
"(II) the alien has been battered or subjected to 
extreme cruelty by a spouse or parent who is or was 
a lawful permanent resident (or is the parent of a 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1523 
child of an alien who is or was a lawful permanent 
resident and the child has been battered or subjected 
to extreme cruelty by such permginent 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 applica-
tion, 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 pur-
poses 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 contin-
uous 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 consid-
ered 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 sec-
tion 101(f), an act or conviction that does not bar the 
Attorney General from granting relief under this paragraph 
by reason of subparagraph (A)(iv) shall not bar the Attorney 
General from finding the alien to be of good moral character 
under subparagraph (A)(i)(III) or section 244(a)(3) (as in 
effect before the title III-A effective date in section 309 
114 STAT. 1524 
PUBLIC LAW 106-386—OCT. 28, 2000 
of the Illegal Immigration Reform and Immigrant Responsi-
bility 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 applica-
tion. 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 Nation-
ality 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 effec-
tive 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.", 
8 use 1229b 
(c) EFFECTIVE DATE.—Any individual who becomes eligible for 
note. 
relief by reason of the enactment of the amendments made by 
subsections (a) and (b), shall be eligible to file a motion to reopen 
pursuant to section 240(c)(6)(C)(iv). The amendments made by sub-
sections (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 (PubHc 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 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1525 
Immigrant Responsibility Act of 1996) shall take effect as if included 
in subtitle G of title IV of the Violent Crime Control and Law 
Enforcement Act of 1994 (PubHc Law 103-322; 108 Stat. 1953 
et seq.). 
SEC. 1505. OFFERE>JG EQUAL ACCESS TO IMMIGRATION PROTECTIONS 
OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR 
ALL 
QUALIFIED BATTERED 
IMMIGRANT 
SELF-PETI-
TIONERS. 
(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 provi-
sions 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(aXl)(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 aUen's— 
"(A) removal; 
"(B) departure from the United States; 
"(C) reentry or reentries into the United States; or 
"(D) attempted reentry into the United States.". 
(b) DOMESTIC VIOLENCE VICTIM WAIVER.— 
(1) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.—Section 
237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) 
is amended by inserting at the end the following: 
"(7) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.— 
"(A) IN GENERAL.—The Attorney General is not limited 
by the criminal court record and may waive the application 
of paragraph (2)(E)(i) (with respect to crimes of domestic 
violence and crimes of stalking) and (ii) in the case of 
an alien who has been battered or subjected to extreme 
cruelty and who is not and was not the primary perpetrator 
of violence in the relationship— 
"(i) upon a determination that— 
"(I) the alien was acting is self-defense; 
"(II) the alien was found to have violated a 
protection order intended to protect the alien; or 
"(III) the alien committed, was arrested for, 
was convicted of, or pled guilty to committing a 
crime— 
"(aa) that did not result in serious bodily 
injury; and 
"(bb) where there was a connection 
between the crime and the alien's having been 
battered or subjected to extreme cruelty. 
"(B) CREDIBLE EVIDENCE CONSIDERED.—In acting on 
applications under this paragraph, the Attorney General 
shall consider any credible evidence relevant to the applica-
tion. 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)(l)(C) of the 
Immigration and Nationality Act (8 U.S.C. 1229b(b)(l)(C)) is 
114 STAT. 1526 
PUBLIC LAW 106-386—OCT. 28, 2000 
amended by inserting "(except in a case described in section 
237(a)(7) where the Attorney General exercises discretion to 
grant a waiver)" after "237(a)(3)". 
(c) MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF 
UNITED STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS.— 
(1) WAIVER OF INADMISSIBILITY.—Section 212(i)(l) of the 
Immigration and NationaHty Act (8 U.S.C. 1182(i)(l)) 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 V A W A ELIGIBLE BATTERED IMMIGRANTS.— 
Section 212(h)(1) of the Immigration and Nationality Act (8 U.S.C. 
1182(h)(1)) is amended— 
(1) in subparagraph (B), by striking "and" and inserting 
"or"; and 
(2) by adding at the end the following: 
"(C) the alien qualifies for classification under clause 
(iii) or (iv) of section 204(a)(1)(A) or classification under 
clause (ii) or (iii) of section 204(a)(1)(B); and". 
(f) PUBLIC CHARGE.—Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended by adding at the end 
the following: 
"(p) In determining whether an alien described in subsection 
(a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to 
receive an immigrant visa or otherwise to adjust to the status 
of permanent resident by reason of subsection (a)(4), the consular 
officer or the Attorney General shall not consider any benefits 
the alien may have received that were authorized under section 
501 of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1641(c)),". 
Deadline. 
(g) REPORT.—Not later than 6 months after the date of the 
enactment of this Act, the Attorney General shall submit a report 
to the Committees on the Judiciary of the Senate and the House 
of Representatives covering, with respect to fiscal year 1997 and 
each fiscal year thereafter— 
(1) the policy and procedures of the Immigration and Natu-
ralization Service under which an alien who has been battered 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1527 
or subjected to extreme cruelty who is eligible for suspension 
of deportation or cancellation of removal can request to be 
placed, and be placed, in deportation or removal proceedings 
so that such alien may apply for suspension of deportation 
or cancellation of removal; 
(2) the number of requests filed at each district office 
under this policy; 
(3) the number of these requests granted reported sepa-
rately 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 suspen-
sion 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. RESTORE»IG IMMIGRATION PROTECTIONS UNDER THE 
VIOLENCE AGAINST WOMEN ACT OF 1994. 
(a) REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VIC-
TIMS 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 classifica-
tion 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 
8 USC 1255 note. 
(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)(l) of the Immigration 
and Nationality Act (8 U.S.C. 1229b(d)(l)) 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 sub-
section (b)(2), when the alien is served a notice to appear 
under section 239(a), or (B)". 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
8 USC I229b 
(1) shall take effect as if included in the enactment of section ^°^-
304 of the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (PubUc 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— 
114 STAT. 1528 
PUBLIC LAW 106-386~OCT. 28, 2000 
8 u s e 1101 note. 
8 u s e 1229a 
note. 
8 u s e 1229a 
note. 
(A) by striking the subparagraph heading and inserting 
the following: 
"(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEM-
PORARY PROTECTION FROM DEPORTATION AND FOR BATTERED 
SPOUSES AND CHILDREN.—"; and 
(B) in clause (i)— 
(i) in subclause (IV), by striking "or" at the end; 
(ii) in subclause (V), by striking the period at the 
end and inserting "; or"; and 
(iii) by adding at the end the following: 
"(VI) is an alien who was issued an order 
to show cause or was in deportation proceedings 
before April 1, 1997, and who applied for suspen-
sion 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 Responsi-
bility Act of 1996 (8 U.S.C. 1101 note). 
(c) ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN 
REMOVAL 
AND 
DEPORTATION 
PROCEEDINGS 
FOR 
VICTIMS 
OF 
DOMESTIC VIOLENCE.— 
(1) REMOVAL PROCEEDINGS.— 
(A) IN GENERAL.—Section 240(c)(6)(C) of the Immigra-
tion 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 can-
cellation of removal application to be filed with 
the Attorney General or by a copy of the self-
petition that has been or will be filed with the 
Immigration and Naturalization Service upon the 
granting of the motion to reopen; and 
"(III) if the motion to reopen is filed within 
1 year of the entry of the final order of removal, 
except that the Attorney General may, in the 
Attorney General's discretion, waive this time 
limitation in the case of an alien who demonstrates 
extraordinary circumstances or extreme hardship 
to the alien's child.". 
(B) 
EFFECTIVE DATE.—The amendment 
made 
by 
subparagraph (A) shall take effect as if included in the 
enactment of section 304 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1229-
1229c). 
(2) DEPORTATION PROCEEDINGS.— 
(A) IN GENERAL.—Notwithstanding any 
limitation 
imposed by law on motions to reopen or rescind deportation 
proceedings under the Immigration and Nationality Act 
(as in effect before the title III-A effective date in section 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1529 
309 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1101 note)), there 
is no time limit on the filing of a motion to reopen such 
proceedings, and the deadline specified in section 242B(c)(3) 
of the Immigration and Nationality Act (as so in effect) 
(8 U.S.C. 1252b(c)(3)) does not apply— 
(i) if the basis of the motion is to apply for relief 
under clause (iii) or (iv) of section 204(a)(1)(A) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B) 
of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) 
of such Act (as so in effect) (8 U.S.C. 1254(a)(3)); and 
(ii) if the motion is accompanied by a suspension 
of deportation application to be filed with the Attorney 
General or by a copy of the self-petition that will 
be filed with the Immigration and Naturalization 
Service upon the granting of the motion to reopen. 
(B) APPLICABILITY.—Subparagraph (A) shall apply to 
motions filed by aliens who— 
(i) are, or were, in deportation proceedings under 
the Immigration and Nationality Act (as in effect before 
the title III-A effective date in section 309 of the 
Illegal Immigration Reform and Immigrant Responsi-
bility 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 Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause 
(ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 
1154(a)(1)(B)), or section 244(a)(3) of such Act (as in 
effect before the title III-A effective date in section 
309 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1101 note)) as 
a result of the amendments made by— 
(I) subtitle G of title IV of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public 
Law 103-322; 108 Stat. 1953 et seq.); or 
(II) this title. 
SEC. 1507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE 
IMMIGRATION PROVISIONS OF THE VIOLENCE AGAINST 
WOMEN ACT OF 1994. 
(a) EFFECT OF CHANGES IN ABUSERS' CITIZENSHIP STATUS ON 
SELF-PETITION.— 
(1) 
RECLASSIFICATION.—Section 
204(a)(1)(A) 
of 
the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as 
amended by section 1503(b)(3) of this title) is amended by 
adding at the end the following: 
"(vi) For the purposes of any petition filed under clause (iii) 
or (iv), the denaturalization, loss or renunciation of citizenship, 
death of the abuser, divorce, or changes to the abuser's citizenship 
status after filing of the petition shall not adversely affect the 
approval of the petition, and for approved petitions shall not pre-
clude the classification of the eligible self-petitioning spouse or 
child as an immediate relative or affect the alien's ability to adjust 
status under subsections (a) and (c) of section 245 or obtain status 
as a lawful permanent resident based on the approved self-petition 
under such clauses.". 
114 STAT. 1530 
PUBLIC LAW 106-386—OCT. 28, 2000 
(2) Loss OF STATUS.—Section 204(a)(1)(B) of the Immigra-
tion 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.". 
8 use 1151. 
(3) 
DEFINITION 
O F 
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)(l)(B)(ii) 
or 204(a)(l)(A)(iii) or marriage of an alien described in clause (iv) 
or (vi) of section 204(a)(1)(A) or in section 204(a)(l)(B)(iii) shall 
not be the basis for revocation of a petition approval under section 
205.". 
SEC. 1508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION 
FOR BATTERED IMMIGRANTS. 
Section 431(c)(l)(B)(iii) of the Personal Responsibility and Work 
Opportunity ReconciUation Act of 1996 (8 U.S.C. 1641(c)(l)(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 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1531 
applications under this section with respect to spouses or children 
who have been battered or subjected to extreme cruelty, the 
Attorney General shall apply the provisions of section 204(a)(1)(H).". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 8 use 1255 note, 
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 cru-
elty by the alien that filed for adjustment under sub-
section (a);"; and 
(2) by adding at the end the following: 
"(3) PROCEDURE.—In acting on an application under this 
section with respect to a spouse or child who has been battered 
or subjected to extreme cruelty, the Attorney General shall 
apply section 204(a)(1)(H).". 
(b) CANCELLATION OF REMOVAL AND SUSPENSION OF 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)— 
114 STAT. 1532 
PUBLIC LAW 106-386—OCT. 28, 2000 
"(AA) at the time at which a decision is 
rendered to suspend the deportation or cancel 
the removal of the alien; 
"(BB) at the time at which the alien filed 
an application for suspension of deportation 
or cancellation of removal; or 
"(CO) at the time at which the alien reg-
istered for benefits under the 
settlement 
agreement in American Baptist Churches, et. 
al. V. Thornburgh (ABC), applied for tem-
porary protected status, or applied for asylum; 
and 
"(bb) the spouse, child, or child of the spouse 
has been battered or subjected to extreme cruelty 
by the alien described in subclause (I), (II), or 
(V)."; and 
(2) by adding at the end the following: 
"(iii) CONSIDERATION OF PETITIONS.—In acting on 
a petition filed under subclause (VII) of clause (i) the 
provisions set forth in section 204(a)(1)(H) shall apply. 
"(iv) RESIDENCE WITH SPOUSE OR PARENT NOT 
REQUIRED.—For purposes of the application of clause 
(i)(VII), a spouse or child shall not be required to 
demonstrate that he or she is residing with the spouse 
or parent in the United States.". 
8 use 1101 note. 
(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). 
8 use 1255 note. 
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 PubUc 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 
imder 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 adjust-
ment 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 sub-
section (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).". 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1533 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall be effective as if included in the Haitian Refugee Immigration 
Fairness Act of 1998 (division A of section 101(h) of Public Law 
105-277; 112 Stat. 2681-538). 
SEC. 1512. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR 
BATTERED IMMIGRANTS. 
(a) LAW ENFORCEMENT AND PROSECUTION GRANTS.—Section 
2001(b) of part T of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) (as amended by 
section 1209(c) of this division) is amended by adding at the end 
the following: 
"(11) providing assistance to victims of domestic violence 
and sexual assault in immigration matters.". 
(b) GRANTS TO ENCOURAGE ARRESTS.—Section 2101(b)(5) of 
part U of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796hh(b)(5)) is amended by inserting before 
the period the following: ", including strengthening assistance to 
such victims in immigration matters". 
(c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCE-
MENT GRANTS.—Section 40295(a)(2) of the Violent Crime Control 
and Law Enforcement Act of 1994 (Pubhc 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. P R O T E C T I O N FOR CERTAIN CRIME VICTIMS INCLUDING 
VICTIMS OF CRIMES AGAINST WOMEN. 
(a) FINDINGS AND PURPOSE.— 
8 use iioi note. 
(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, traf-
ficking, incest, domestic violence, sexual assault, female 
genital mutilation, forced prostitution, involuntary ser-
vitude, 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 com-
mitted 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, £ind other crimes described in section 
101(a)(15XU)(iii) of the Immigration and Nationality Act 
committed against aliens, while offering protection to vic-
tims of such offenses in keeping with the humanitarian 
interests of the United States. This visa will encourage 
114 STAT. 1534 
PUBLIC LAW 106-386—OCT. 28, 2000 
law enforcement officials to better serve immigrant crime 
victims and to prosecute crimes committed against aliens. 
(B) Creating a new nonimmigrant visa classification 
will facilitate the reporting of crimes to law enforcement 
officials by trafficked, exploited, victimized, and abused 
aliens who are not in lawful immigration status. It also 
gives law enforcement officials a means to regularize the 
status of cooperating individuals during investigations or 
prosecutions. Providing temporary legal status to aliens 
who have been severely victimized by criminal activity 
also comports with the humanitarian interests of the 
United States. 
(C) Finally, this section gives the Attorney General 
discretion to convert the status of such nonimmigrants 
to that of permanent residents when doing so is justified 
on humanitarian grounds, for family unity, or is otherwise 
in the public interest. 
(b) ESTABLISHMENT OF HUMANITARIAN/MATERIAL WITNESS NON-
IMMIGRANT CLASSIFICATION.—Section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)) (as amended by section 
107 of this Act) is amended— 
(1) by striking "or" at the end of subparagraph (S); 
(2) by striking the period at the end of subparagraph (T) 
and inserting "; or"; and 
(3) by adding at the end the following new subparagraph: 
"(U)(i) subject to section 214(o), an alien who files 
a petition for status under this subparagraph, if the 
Attorney General determines that— 
"(I) the alien has suffered substantial physical or 
mental abuse as a result of having been a victim of 
criminal activity described in clause (iii); 
"(II) the alien (or in the case of an alien child 
under the age of 16, the parent, guardian, or next 
friend of the alien) possesses information concerning 
criminal activity described in clause (iii); 
"(III) the alien (or in the case of an alien child 
under the age of 16, the parent, guardian, or next 
friend of the alien) has been helpful, is being helpful, 
or is likely to be helpful to a Federal, State, or local 
law enforcement official, to a Federal, State, or local 
prosecutor, to a Federal or State judge, to the Service, 
or to other Federal, State, or local authorities inves-
tigating or prosecuting criminal activity described in 
clause (iii); and 
"(IV) the criminal activity described in clause (iii) 
violated the laws of the United States or occurred 
in the United States (including in Indian country and 
military installations) or the territories and possessions 
of the United States; 
"(ii) if the Attorney General considers it necessary 
to avoid extreme hardship to the spouse, the child, or, 
in the case of an alien child, the parent of the alien 
described in clause (i), the Attorney General may also 
grant status under this paragraph based upon certification 
of a government official listed in clause (i)(III) that an 
investigation or prosecution would be harmed without the 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1535 
assistance of the spouse, the child, or, in the case of an 
aUen 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 ioi(a)(i5)(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 con-
cerning immigration violations. This certification shall state 
that the alien 'Tias been helpful, is being helpful, or is likely 
to be helpful" in the investigation or prosecution of criminal 
activity described in section 101(a)(15)(U)(iii). 
"(2) NUMERICAL LIMITATIONS.— 
"(A) The number of aliens who may be issued visas 
or otherwise provided status as nonimmigrants under sec-
tion 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 offi-
cials, 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 emplojmient authoriza-
tion. 
"(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 cred-
ible evidence relevant to the petition. 
114 STAT. 1536 
PUBLIC LAW 106-386—OCT. 28, 2000 
"(5) NONEXCLUSIVE RELIEF.—Nothing in this subsection 
limits the abihty of ahens who quaHfy for status under section 
101(a)(15)(U) to seek any other immigration benefit or status 
for which the aUen may be eHgible.". 
8 use 1367. 
(d) 
PROHIBITION ON ADVERSE DETERMINATIONS OF ADMISSI-
BILITY 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 para-
graph: 
"(13) The Attorney General shall determine whether a ground 
of inadmissibility exists with respect to a nonimmigrant described 
in section 101(a)(15)(U), The Attorney General, in the Attorney 
General's discretion^ may waive the application of subsection (a) 
(other than paragraph (3)(E)) in the case of a nonimmigrant 
described in section 101(a)(15)(U), if the Attorney General considers 
it to be in the public or national interest to do so.". 
(f) ADJUSTMENT TO PERMANENT RESIDENT STATUS.—Section 
245 of such Act (8 U.S.C. 1255) is amended by adding at the 
end the following new subsection: 
"(1)(1) The Attorney General may adjust the status of an alien 
admitted into the United States (or otherwise provided non-
immigrant 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 deter-
mines based on affirmative evidence that the alien unreasonably 
refused to provide assistance in a criminal investigation or prosecu-
tion, 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 humani-
tarian 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 other-
wise justified. 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1537 
"(3) Upon approval of adjustment of status under paragraph 
(1) of an alien described in section 101(a)(15)(U)(i) the Attorney 
General may adjust the status of or issue an immigrant visa to 
a spouse, a child, or, in the case of an alien child, a parent who 
did not receive a nonimmigrant visa under section 101(a)(15)(U)(ii) 
if the Attorney General considers the grant of such status or visa 
necessary to avoid extreme hardship. 
"(4) Upon the approval of adjustment of status under paragraph 
(1) or (3), the Attorney General shall record the alien's lawful 
admission for permanent residence as of the date of such approval.". 
TITLE VI—MISCELLANEOUS 
SEC. 1601. 
NOTICE 
REQUIREMENTS 
OFFENDERS. 
FOR 
SEXUALLY VIOLENT 
(a) SHORT TITLE.—This section may be cited as the "Campus 
Sex Crimes Prevention Act". 
(b) NOTICE WITH RESPECT TO INSTITUTIONS OF HIGHER EDU-
CATION.— 
(1) IN GENERAL.—Section 170101 of the Violent Crime Con-
trol 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 INSTITU-
TIONS OF HIGHER EDUCATION.— 
"(1) NOTICE BY OFFENDERS.— 
"(A) IN GENERAL.—In addition to any other require-
ments of this section, any person who is required to register 
in a State shall provide notice as required under State 
law— 
"(i) of each institution of higher education in that 
State at which the person is employed, carries on a 
vocation, or is a student; and 
"(ii) of each change in enrollment or employment 
status of such person at an institution of higher edu-
cation 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 sub-
section shall take effect 2 years after the date of the enactment 
of this Act. 
(c) DISCLOSURES BY INSTITUTIONS OF HIGHER EDUCATION.— 
Campus Sex 
Crimes 
Prevention Act. 
20 u s e 1001 
note. 
42 u s e 14071 
note. 
79-194 O - 00 - 26 : QL 3 Part 2 
114 STAT. 1538 
PUBLIC LAW 106-386—OCT. 28, 2000 
(1) IN GENERAL.—Section 485(f)(1) of the Higher Education 
Act of 1965 (20 U.S.C. 1092(f)(1)) is amended by adding at 
the end the following: 
"(I) A statement advising the campus community where 
law enforcement agency information provided by a State under 
section 170101(j) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(j)), concerning reg-
istered sex offenders may be obtained, such as the law enforce-
ment office of the institution, a local law enforcement agency 
with jurisdiction for the campus, or a computer network 
address.". 
20 use 1092 
(2) EFFECTIVE DATE.—The amendment made by this sub-
note, 
section shall take effect 2 years after the date of the enactment 
of this Act. 
(d) AMENDMENT TO FAMILY EDUCATIONAL RIGHTS AND PRIVACY 
ACT OF 1974.—Section 444(b) of the General Education Provisions 
Act (20 U.S.C. 1232g(b)), also known as the Family Educational 
Rights and Privacy Act of 1974, is amended by adding at the 
end the following: 
"(7)(A) Nothing in this section may be construed to prohibit 
an educational institution from disclosing information provided 
to the institution under section 170101 of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) 
concerning registered sex offenders who are required to register 
under such section. 
"(B) The Secretary shall take appropriate steps to notify 
educational institutions that disclosure of information described 
in subparagraph (A) is permitted.". 
Teen Suicide 
SEC. 1602. TEEN SUICIDE PREVENTION STUDY. 
2000. 
(^) SHORT TITLE.—This section may be cited as the "Teen 
42 use 290bb- 
Suicide Prevention Act of 2000". 
36 note. 
(b) FINDINGS.—Congress finds that— 
(1) measures that increase public awareness of suicide as 
a preventable public health problem, and target parents and 
youth so that suicide risks and warning signs can be recognized, 
will help to eliminate the ignorance and stigma of suicide 
as barriers to youth and families seeking preventive care; 
(2) suicide prevention efforts in the year 2000 should— 
(A) target at-risk youth, particularly youth with mental 
health problems, substance abuse problems, or contact with 
the juvenile justice system; 
(B) involve— 
(i) the identification of the characteristics of the 
at-risk youth and other youth who are contemplating 
suicide, and barriers to treatment of the youth; and 
(ii) the development of model treatment programs 
for the youth; 
(C) include a pilot study of the outcomes of treatment 
for juvenile delinquents with mental health or substance 
abuse problems; 
(D) include a public education approach to combat the 
negative effects of the stigma of, and discrimination against 
individuals with, mental health and substance abuse prob-
lems; and 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1539 
(E) include a nationwide effort to develop, implement, 
and evaluate a mental health awareness program for 
schools, communities, and families; 
(3) although 
numerous 
symptoms, 
diagnoses, 
traits, 
characteristics, and psychosocial stressors of suicide have been 
investigated, no single factor or set of factors has ever come 
close to predicting suicide with accuracy; 
(4) research of United States youth, such as a 1994 study 
by Lewinsohn, Rohde, and Seeley, has shown predictors of 
suicide, such as a history of suicide attempts, current suicidal 
ideation and depression, a recent attempt or completed suicide 
by a friend, and low self-esteem; and 
(5) epidemiological data illustrate— 
(A) the trend of suicide at younger ages as well as 
increases in suicidal ideation among youth in the United 
States; and 
(B) distinct differences in approaches to suicide by 
gender, with— 
(i) 3 to 5 times as many females as males 
attempting suicide; and 
(ii) 3 to 5 times as many males as females com-
pleting suicide. 
(c) PURPOSE.—The purpose of this section is to provide for 
a study of predictors of suicide among at-risk and other youth, 
and barriers that prevent the youth from receiving treatment, to 
facilitate the development of model treatment programs and public 
education and awareness efforts. 
(d) STUDY.—Not later than 1 year after the date of the enact-
ment 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. 
Aimee's Law. 
42 use 13713 
(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 
114 STAT. 1540 
PUBLIC LAW 106-386—OCT. 28, 2000 
maritime and territorial jurisdiction of the United States or 
in a Federal prison. 
(2) MURDER.—The term "murder" has the meaning given 
the term in part I of the Uniform Crime Reports of the Federal 
Bureau of Investigation. 
(3) RAPE.—The term "rape" has the meaning given the 
term in part I of the Uniform Crime Reports of the Federal 
Bureau of Investigation. 
(c) PENALTY.— 
(1) SINGLE STATE.—In any case in which a State convicts 
an individual of murder, rape, or a dangerous sexual offense, 
who has a prior conviction for any one of those offenses in 
a State described in paragraph (3), the Attorney General shall 
transfer an amount equal to the costs of incarceration, prosecu-
tion, 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 con-
victs 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 para-
graph (3), the Attorney General shall transfer an amount equal 
to the costs of incarceration, prosecution, and apprehension 
of that individual, from Federal law enforcement assistance 
funds that have been allocated to but not distributed to each 
State that convicted such individual of the prior offense, to 
the State account that collects Federal law enforcement assist-
ance funds of the State that convicted that individual of the 
subsequent offense. 
(3) STATE DESCRIBED.—A State is described in this para-
graph 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 para-
graph (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 indeter-
minate 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 trans-
ferred 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 reason-
ably require, which shall include a certification that the State 
has convicted an individual of murder, rape, or a dangerous sexual 
offense, who has a prior conviction for one of those offenses in 
another State. 
(e) SOURCE OF FUNDS.— 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1541 
(1) IN GENERAL.—Any amount transferred under subsection 
(c) shall be derived by reducing the amount of Federal law 
enforcement assistance funds received by the State that con-
victed 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 con-
sultation with the chief executive of the State that convicted 
such individual of the prior offense, shall establish a payment 
schedule. 
(f) CONSTRUCTION.—Nothing in this section may be construed 
to diminish or otherwise affect any court ordered restitution. 
(g) EXCEPTION.—This section does not apply if the individual 
convicted of murder, rape, or a dangerous sexual offense has been 
released from prison upon the reversal of a conviction for an offense 
described in subsection (c) and subsequently been convicted for 
an offense described in subsection (c). 
(h) REPORT.—The Attorney General shall— 
(1) conduct a study evaluating the implementation of this 
section; and 
(2) not later than October 1, 2006, submit to Congress 
a report on the results of that study. 
(i) COLLECTION OF RECIDIVISM DATA.— 
(1) IN GENERAL.—Beginning with calendar year 2002, and 
each calendar year thereafter, the Attorney General shall collect 
and maintain information relating to, with respect to each 
State— 
(A) the number of convictions during that calendar 
year for— 
(i) any dangerous sexual offense; 
(ii) rape; and 
(iii) murder; and 
(B) the number of convictions described in subpara-
graph (A) that constitute second or subsequent convictions 
of the defendant of an offense described in that subpara-
graph. 
(2) REPORT.—Not later than March 1, 2003, and on March Deadline. 
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— 
114 STAT. 1542 
PUBLIC LAW 106-386—OCT. 28, 2000 
(A) 110 percent of compensatory damages awarded by 
judgment of a court on a claim or claims brought by the 
person under section 1605(a)(7) of title 28, United States 
Code, plus amounts necessary to pay 
post-judgment 
interest under section 1961 of such title, and, in the case 
of a claim or claims against Cuba, amounts awarded as 
sanctions by judicial order on April 18, 2000 (as corrected 
on June 2, 2000), subject to final appellate review of that 
order; or 
(B) 100 percent of the compensatory damages awarded 
by judgment of a court on a claim or claims brought by 
the person under section 1605(a)(7) of title 28, United 
States Code, plus amounts necessary to pay post-judgment 
interest, as provided in section 1961 of such title, and, 
in the case of a claim or claims against Cuba, amounts 
awarded as sanctions by judicial order on April 18, 2000 
(as corrected June 2, 2000), subject to final appellate review 
of that order. 
Pa)anents under this subsection shall be made promptly upon 
request. 
(2) PERSONS COVERED.—^A person described in this para-
graph is a person who— 
(A)(i) as of July 20, 2000, held a final judgment for 
a claim or claims brought under section 1605(a)(7) of title 
28, United States Code, against Iran or Cuba, or the right 
to payment of an amount awarded as a judicial sanction 
with respect to such claim or claims; or 
(ii) filed a suit under such section 1605(a)(7) on Feb-
ruary 17, 1999, December 13, 1999, January 28, 2000, 
March 15, 2000, or July 27, 2000; 
(B) relinquishes all claims and rights to compensatory 
damages and amounts awarded as judicial sanctions under 
such judgments; 
(C) in the case of payment under paragraph (1)(A), 
relinquishes all rights and claims to punitive damages 
awarded in connection with such claim or claims; and 
(D) in the case of payment under paragraph (1)(B), 
relinquishes all rights to execute against or attach property 
that is at issue in claims against the United States before 
an international tribunal, that is the subject of awards 
rendered by such tribunal, or that is subject to section 
1610(f)(1)(A) of title 28, United States Code. 
(b) FUNDING OF AMOUNTS.— 
(1) JUDGMENTS AGAINST CUBA.—For purposes of funding 
the pa3mients 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 Inter-
national Emergency Economic Powers Act (50 U.S.C. 1701-
1702), or any other proclamation, order, or regulation issued 
thereunder. For the purposes of pajdng amounts for judicial 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1543 
sanctions, payment shall be made from funds or accounts sub-
ject to sanctions as of April 18, 2000, or from blocked assets 
of the Government of Cuba. 
(2) JUDGMENTS AGAINST IRAN.—For purposes of funding 
payments under subsection (a) in the case of judgments against 
Iran, the Secretary of the Treasury shall make such payments 
from amounts paid and liquidated from— 
(A) rental proceeds accrued on the date of the enact-
ment of this Act from Iranian diplomatic and consular 
property located in the United States; and 
(B) funds not otherwise made available in an amount 
not to exceed the total of the amount in the Iran Foreign 
Military Sales Program account within the Foreign Military 
Sales Fund on the date of the enactment of this Act. 
(c) SUBROGATION.—Upon payment under subsection (a) with 
respect to payments in connection with a Foreign Military Sales 
Program account, the United States shall be fully subrogated, to 
the extent of the payments, to all rights of the person paid under 
that subsection against the debtor foreign state. The President 
shall pursue these subrogated rights as claims or offsets of the 
United States in appropriate ways, including any negotiation 
process which precedes the normalization of relations between the 
foreign state designated as a state sponsor of terrorism and the 
United States, except that no funds shall be paid to Iran, or released 
to Iran, from property blocked under the International Emergency 
Economic Powers Act or from the Foreign Military Sales Fund, 
until such subrogated claims have been dealt with to the satisfaction 
of the United States. 
(d) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that the President should not normalize relations between the 
United States and Iran until the claims subrogated have been 
dealt with to the satisfaction of the United States. 
(e) REAFFIRMATION OF AUTHORITY.—Congress reaffirms the 
President's statutory authority to manage and, where appropriate 
and consistent with the national interest, vest foreign assets located 
in the United States for the purposes, among other things, of 
assisting and, where appropriate, making pa5rments 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 Depart-
ment Appropriations Act, 1999 (as contained in section 101(h) of 28 USC 1606, 
Pubhc Law 105-277) are repealed, 
leio note. 
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.— 
— X 
114 STAT. 1544 
PUBLIC LAW 106-386—OCT. 28, 2000 
42 use 10603b 
note. 
Deadline. 
42 use 10603b 
note. 
"(1) IN GENERAL.—The Director may make supplemental 
grants as provided in 1402(d)(5) to States, victim service 
organizations, £ind 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 ter-
rorist 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, incapaci-
tated, or deceased, includes a family member or legal 
guardian of that person. 
"(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to allow the Director to make grants to 
any foreign power (as defined by section 101(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) or 
to any domestic or foreign organization operated for the purpose 
of engaging in any significant political or lobbying activities.". 
(2) APPLICABILITY.—The amendment made by this sub-
section shall apply to any terrorist act or mass violence occur-
ring on or after December 21, 1988, with respect to which 
an investigation or prosecution was ongoing after April 24, 
1996. 
(3) ADMINISTRATIVE PROVISION.—Not later than 90 days 
after the date of the enactment of this Act, the Director shall 
establish guidelines under section 1407(a) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10604(a)) to specify the categories 
of organizations and agencies to which the Director may make 
grants under this subsection. 
(4) TECHNICAL AMENDMENT.—Section 1404B(b) of the Vic-
tims 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: 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1545 
"SEC. 1404C. COMPENSATION TO VICTIMS OF INTERNATIONAL TER- 
42 USC 10603c. 
RORISM. 
"(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 Govern-
ment. 
"(B) INCOMPETENT, INCAPACITATED, OR DECEASED VIC-
TIMS.—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 proc-
essing 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 sub-
mitted; 
"(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 applica-
tion for compensation; and 
"(E) the number of applications for compensation 
pending and the estimated future liability of the program; 
and 
114 STAT. 1546 
PUBLIC LAW 106-386—OCT. 28, 2000 
"(4) an analysis of future program needs and suggested 
program improvements.". 
(2) CONFORMING AMENDMENT.—Section 1402(d)(5)(B) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is 
amended by inserting ", to provide compensation to victims 
of international terrorism under the program under section 
1404C," after "section 1404B". 
(d) AMENDMENTS TO VICTIMS OF CRIME FUND.—Section 1402(c) 
of the Victims of Crime Act 1984 (42 U.S.C. 10601(c)) is amended 
by adding at the end the following: "Notwithstanding section 
1402(d)(5), all sums deposited in the Fund in any fiscal year that 
are not made available for obligation by Congress in the subsequent 
fiscal year shall remain in the Fund for obligation in future fiscal 
years, without fiscal year limitation.". 
SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT. 
(a) SHIPMENT OF INTOXICATING LIQUOR IN VIOLATION OF STATE 
LAW.—The Act entitled "An Act divesting intoxicating liquors of 
their interstate character in certain cases", approved March 1, 
1913 (commonly known as the "Webb-Kenyon Act") (27 U.S.C. 122) 
is amended by adding at the end the following: 
27 use 122a. 
"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 part-
nership, 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 fi-om 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 sec-
tion by an attorney general against any person, except one 
licensed or otherwise authorized to produce, sell, or store intoxi-
cating 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 
PUBLIC LAW 106-386—OCT. 28, 2000 
114 STAT. 1547 
Code, or in the district in which the recipient of the intoxicating 
Uquor resides or is found. 
^ 
"(3) FORM OF RELIEF.—An action under this section is hm-
ited to actions seeking injunctive reUef (a preUminary 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 preponder-
ance 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 irrep-
arable injury if injunctive relief is not granted; and 
"(B) evidence supporting the probability of success on 
the merits. 
"(3) NOTICE.—No preliminary or permanent injunction may 
be issued under paragraph (1) without notice to the adverse 
party and an opportunity for a hearing. 
"(4) FORM AND SCOPE OF ORDER.—Any preliminary or 
permanent injunction entered in an action brought under this 
section shall— 
"(A) set forth the reasons for the issuance of the order; 
"(B) be specific in terms; 
"(C) describe in reasonable detail, and not by reference 
to the complaint or other document, the act or acts sought 
to be restrained; and 
"(D) be binding upon— 
"(i) the parties to the action and the officers, 
agents, employees, and attorneys of those parties; and 
"(ii) persons in active concert or participation with 
the parties to the action who receive actual notice 
of the order by personal service or otherwise. 
"(5) ADMISSIBILITY OF EVIDENCE.—In a hearing on an 
application for a permanent injunction, any evidence previously 
received on an application for a preliminary injunction in 
connection with the same civil action and that would otherwise 
be admissible, may be made a part of the record of the hearing 
on the permanent injunction. 
"(e) RULES OF CONSTRUCTION.—This section shall be construed 
only to extend the jurisdiction of Federal courts in connection with 
State law that is a valid exercise of power vested in the States— 
"(1) under the twenty-first article of amendment to the 
Constitution of the United States as such article of amendment 
is interpreted by the Supreme Court of the United States 
including interpretations in conjunction with other provisions 
of the Constitution of the United States; and 
"(2) under the first section herein as such section is inter-
preted by the Supreme Court of the United States; but shall 
not be construed to grant to States any additional power. 
"(f) ADDITIONAL REMEDIES.— 
114 STAT. 1548 
PUBLIC LAW 106-386—OCT. 28, 2000 
"(1) IN GENERAL.—A remedy under this section is in addi-
tion 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. 
27 u s e 122b. 
"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 com-
puter service (as defined in section 230(f) of the Communica-
tions 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 commu-
nication service (as defined in section 2510(15) of title 18, 
United States Code) used by another person to engage in any 
activity that is subject to this Act; or 
"(3) authorize an injunction prohibiting the advertising or 
marketing of any intoxicating liquor by any person in any 
case in which such advertising or marketing is lawful in the 
jurisdiction firom which the importation, transportation or other 
conduct to which this Act applies originates.". 
27 use 122a 
(b) EFFECTIVE DATE.—This section and the amendments made 
note. 
by this section shall become effective 90 days after the date of 
the enactment of this Act. 
Deadline. 
(c) STUDY.—The Attorney General shall carry out the study 
27 use 122a 
to determine the impact of this section and shall submit the results 
^°^^- 
of such study not later than 180 days afber the enactment of 
this Act. 
Approved October 28, 2000. 
LEGISLATIVE HISTORY—H.R. 3244: 
HOUSE REPORTS: Nos. 106-487, Pt. 1 (Comm. on International Relations) and Pt. 
2 (Comm. on the Judiciary) and 106-939 (Comm. of Con-
ference) 
C O N G R E S S I O N A L R E C O R D , Vol. 146 (2000): 
May 9, considered and passed House. 
July 27, considered and passed Senate, amended. 
Oct. 6, House agreed to conference report. 
Oct. 11, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Oct. 28, Presidential statement.