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67 108                                 

                            106 th Congress                             

                                 Report                            

                        HOUSE OF REPRESENTATIVES                        

                               2d Session                               

                                106 939                                 

  VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000       

               October  5, 2000.--Ordered to be printed                

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

                        [To accompany   H.R. 3244]                       

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

          SECTION 1. SHORT TITLE.                                                 

     This Act may be cited as the ``Victims of Trafficking and Violence   
  Protection Act of 2000''.                                               
          SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.          

     (a) Divisions.--This Act is organized into three divisions, as       
  follows:                                                                
     (1)  Division a.--Trafficking Victims Protection Act of 2000.         

     (2)  Division b.--Violence Against Women Act of 2000.                 

     (3)  Division c.--Miscellaneous Provisions.                           

     (b) Table of Contents.--The table of contents for this Act is as     
  follows:                                                                


      Sec. 1. Short title.                                                    

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

                   DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000         

      Sec. 101. Short title.                                                  

      Sec. 102. Purposes and findings.                                        

      Sec. 103. Definitions.                                                  

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

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

      Sec. 106. Prevention of trafficking.                                    

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

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

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

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

      Sec. 111. Actions against significant traffickers in persons.           

      Sec. 112. Strengthening prosecution and punishment of traffickers.      

      Sec. 113. Authorizations of appropriations.                             

                       DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000             

      Sec. 1001. Short title.                                                 

      Sec. 1002. Definitions.                                                 

      Sec. 1003. Accountability and oversight.                                

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

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

      Sec. 1102. Role of courts.                                              

      Sec. 1103. Reauthorization of STOP grants.                              

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

            Sec. 1105. Reauthorization of rural domestic violence and child   
      abuse enforcement grants.                                               
      Sec. 1106. National stalker and domestic violence reduction.            

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

      Sec. 1108. School and campus security.                                  

      Sec. 1109. Dating violence.                                             

                  TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE         

      Sec. 1201. Legal assistance for victims.                                

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

            Sec. 1203. Transitional housing assistance for victims of domestic
      violence.                                                               
      Sec. 1204. National domestic violence hotline.                          

      Sec. 1205. Federal victims counselors.                                  

            Sec. 1206. Study of State laws regarding insurance discrimination 
      against victims of violence against women.                              
      Sec. 1207. Study of workplace effects from violence against women.      

            Sec. 1208. Study of unemployment compensation for victims of      
      violence against women.                                                 
            Sec. 1209. Enhancing protections for older and disabled women from
      domestic violence and sexual assault.                                   
                  TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN         

      Sec. 1301. Safe havens for children pilot program.                      

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

            Sec. 1303. Report on effects of parental kidnapping laws in       
      domestic violence cases.                                                
             TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE    
                                  AGAINST WOMEN                                   
      Sec. 1401. Rape prevention and education.                               

            Sec. 1402. Education and training to end violence against and     
      abuse of women with disabilities.                                       
      Sec. 1403. Community initiatives.                                       

            Sec. 1404. Development of research agenda identified by the       
      Violence Against Women Act of 1994.                                     
            Sec. 1405. Standards, practice, and training for sexual assault   
      forensic examinations.                                                  
      Sec. 1406. Education and training for judges and court personnel.       

      Sec. 1407. Domestic Violence Task Force.                                

                             TITLE V--BATTERED IMMIGRANT WOMEN                    

      Sec. 1501. Short title.                                                 

      Sec. 1502. Findings and purposes.                                       

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

      Sec. 1601. Notice requirements for sexually violent offenders.          

      Sec. 1602. Teen suicide prevention study.                               

      Sec. 1603. Decade of pain control and research.                         

                            DIVISION C--MISCELLANEOUS PROVISIONS                  

      Sec. 2001. Aimee's law.                                                 

      Sec. 2002. Payment of anti-terrorism judgments.                         

      Sec. 2003. Aid to victims of terrorism.                                 

      Sec. 2004. Twenty-first century amendment.                              


           DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000                  

          SEC. 101. SHORT TITLE.                                                  

     This division may be cited as the ``Trafficking Victims Protection   
  Act of 2000''.                                                          
          SEC. 102. PURPOSES AND FINDINGS.                                        

     (a) Purposes.--The purposes of this division are to combat           
  trafficking in persons, a contemporary manifestation of slavery whose   
  victims are predominantly women and children, to ensure just and        
  effective punishment of traffickers, and to protect their victims.      
    (b)  Findings.--Congress finds that:                                  

       (1) As the 21st century begins, the degrading institution of slavery
   continues throughout the world. Trafficking in persons is a modern form 
   of slavery, and it is the largest manifestation of slavery today. At    
   least 700,000 persons annually, primarily women and children, are       
   trafficked within or across international borders. Approximately 50,000 
   women and children are trafficked into the United States each year.     
       (2) Many of these persons are trafficked into the international sex 
   trade, often by force, fraud, or coercion. The sex industry has rapidly 
   expanded over the past several decades. It involves sexual exploitation 
   of persons, predominantly women and girls, involving activities related 
   to prostitution, pornography, sex tourism, and other commercial sexual  
   services. The low status of women in many parts of the world has        
   contributed to a burgeoning of the trafficking industry.                
       (3) Trafficking in persons is not limited to the sex industry. This 
   growing transnational crime also includes forced labor and involves     
   significant violations of labor, public health, and human rights        
   standards worldwide.                                                    
       (4) Traffickers primarily target women and girls, who are           
   disproportionately affected by poverty, the lack of access to education,
   chronic unemployment, discrimination, and the lack of economic          
   opportunities in countries of origin. Traffickers lure women and girls  
   into their networks through false promises of decent working conditions 
   at relatively good pay as nannies, maids, dancers, factory workers,     
   restaurant workers, sales clerks, or models. Traffickers also buy       
   children from poor families and sell them into prostitution or into     
   various types of forced or bonded labor.                                
       (5) Traffickers often transport victims from their home communities 
   to unfamiliar destinations, including foreign countries away from family
   and friends, religious institutions, and other sources of protection and
   support, leaving the victims defenseless and vulnerable.                
       (6) Victims are often forced through physical violence to engage in 
   sex acts or perform slavery-like labor. Such force includes rape and    
   other forms of sexual abuse, torture, starvation, imprisonment, threats,
   psychological abuse, and coercion.                                      
       (7) Traffickers often make representations to their victims that    
   physical harm may occur to them or others should the victim escape or   
   attempt to escape. Such representations can have the same coercive      
   effects on victims as direct threats to inflict such harm.              
       (8) Trafficking in persons is increasingly perpetrated by organized,
   sophisticated criminal enterprises. Such trafficking is the fastest     
   growing source of profits for organized criminal enterprises worldwide. 
   Profits from the trafficking industry contribute to the expansion of    
   organized crime in the United States and worldwide. Trafficking in      
   persons is often aided by official corruption in countries of origin,   
   transit, and destination, thereby threatening the rule of law.          
       (9) Trafficking includes all the elements of the crime of forcible  
   rape when it involves the involuntary participation of another person in
   sex acts by means of fraud, force, or coercion.                         
       (10) Trafficking also involves violations of other laws, including  
   labor and immigration codes and laws against kidnapping, slavery, false 
   imprisonment, assault, battery, pandering, fraud, and extortion.        
       (11) Trafficking exposes victims to serious health risks. Women and 
   children trafficked in the sex industry are exposed to deadly diseases, 
   including HIV and AIDS. Trafficking victims are sometimes worked or     
   physically brutalized to death.                                         
       (12) Trafficking in persons substantially affects interstate and    
   foreign commerce. Trafficking for such purposes as involuntary          
   servitude, peonage, and other forms of forced labor has an impact on the
   nationwide employment network and labor market. Within the context of   
   slavery, servitude, and labor or services which are obtained or         
   maintained through coercive conduct that amounts to a condition of      
   servitude, victims are subjected to a range of violations.              
       (13) Involuntary servitude statutes are intended to reach cases in  
   which persons are held in a condition of servitude through nonviolent   
   coercion. In United States v. Kozminski, 487 U.S. 931 (1988), the       
   Supreme Court found that section 1584 of title 18, United States Code,  
   should be narrowly interpreted, absent a definition of involuntary      
   servitude by Congress. As a result, that section was interpreted to     
   criminalize only servitude that is brought about through use or         
   threatened use of physical or legal coercion, and to exclude other      
   conduct that can have the same purpose and effect.                      
       (14) Existing legislation and law enforcement in the United States  
   and other countries are inadequate to deter trafficking and bring       
   traffickers to justice, failing to reflect the gravity of the offenses  
   involved. No comprehensive law exists in the United States that         
   penalizes the range of offenses involved in the trafficking scheme.     
   Instead, even the most brutal instances of trafficking in the sex       
   industry are often punished under laws that also apply to lesser        
   offenses, so that traffickers typically escape deserved punishment.     
       (15) In the United States, the seriousness of this crime and its    
   components is not reflected in current sentencing guidelines, resulting 
   in weak penalties for convicted traffickers.                            
(16) In some countries, enforcement against traffickers is also     
   hindered by official indifference, by corruption, and sometimes even by 
   official participation in trafficking.                                  
       (17) Existing laws often fail to protect victims of trafficking, and
   because victims are often illegal immigrants in the destination country,
   they are repeatedly punished more harshly than the traffickers          
   themselves.                                                             
       (18) Additionally, adequate services and facilities do not exist to 
   meet victims' needs regarding health care, housing, education, and legal
   assistance, which safely reintegrate trafficking victims into their home
   countries.                                                              
       (19) Victims of severe forms of trafficking should not be           
   inappropriately incarcerated, fined, or otherwise penalized solely for  
   unlawful acts committed as a direct result of being trafficked, such as 
   using false documents, entering the country without documentation, or   
   working without documentation.                                          
       (20) Because victims of trafficking are frequently unfamiliar with  
   the laws, cultures, and languages of the countries into which they have 
   been trafficked, because they are often subjected to coercion and       
   intimidation including physical detention and debt bondage, and because 
   they often fear retribution and forcible removal to countries in which  
   they will face retribution or other hardship, these victims often find  
   it difficult or impossible to report the crimes committed against them  
   or to assist in the investigation and prosecution of such crimes.       
       (21) Trafficking of persons is an evil requiring concerted and      
   vigorous action by countries of origin, transit or destination, and by  
   international organizations.                                            
       (22) One of the founding documents of the United States, the        
   Declaration of Independence, recognizes the inherent dignity and worth  
   of all people. It states that all men are created equal and that they   
   are endowed by their Creator with certain unalienable rights. The right 
   to be free from slavery and involuntary servitude is among those        
   unalienable rights. Acknowledging this fact, the United States outlawed 
   slavery and involuntary servitude in 1865, recognizing them as evil     
   institutions that must be abolished. Current practices of sexual slavery
   and trafficking of women and children are similarly abhorrent to the    
   principles upon which the United States was founded.                    
       (23) The United States and the international community agree that   
   trafficking in persons involves grave violations of human rights and is 
   a matter of pressing international concern. The international community 
   has repeatedly condemned slavery and involuntary servitude, violence    
   against women, and other elements of trafficking, through declarations, 
   treaties, and United Nations resolutions and reports, including the     
   Universal Declaration of Human Rights; the 1956 Supplementary Convention
   on the Abolition of Slavery, the Slave Trade, and Institutions and      
   Practices Similar to Slavery; the 1948 American Declaration on the      
   Rights and Duties of Man; the 1957 Abolition of Forced Labor Convention;
   the International Covenant on Civil and Political Rights; the Convention
   Against Torture and Other Cruel, Inhuman or Degrading Treatment or      
   Punishment; United Nations General Assembly Resolutions 50/167, 51/66,  
   and 52/98; the Final Report of the World Congress against Sexual        
   Exploitation of Children (Stockholm, 1996); the Fourth World Conference 
   on Women (Beijing, 1995); and the 1991 Moscow Document of the           
   Organization for Security and Cooperation in Europe.                    
       (24) Trafficking in persons is a transnational crime with national  
   implications. To deter international trafficking and bring its          
   perpetrators to justice, nations including the United States must       
   recognize that trafficking is a serious offense. This is done by        
   prescribing appropriate punishment, giving priority to the prosecution  
   of trafficking offenses, and protecting rather than punishing the       
   victims of such offenses. The United States must work bilaterally and   
   multilaterally to abolish the trafficking industry by taking steps to   
   promote cooperation among countries linked together by international    
   trafficking routes. The United States must also urge the international  
   community to take strong action in multilateral fora to engage          
   recalcitrant countries in serious and sustained efforts to eliminate    
   trafficking and protect trafficking victims.                            
          SEC. 103. DEFINITIONS.                                                  

    In this division:                                                     

       (1) Appropriate congressional committees.--The term ``appropriate   
   congressional committees'' means the Committee on Foreign Relations and 
   the Committee on the Judiciary of the Senate and the Committee on       
   International Relations and the Committee on the Judiciary of the House 
   of Representatives.                                                     
     (2)  Coercion.--The term ``coercion'' means--                         

       (A) threats of serious harm to or physical restraint against any    
   person;                                                                 
       (B) any scheme, plan, or pattern intended to cause a person to      
   believe that failure to perform an act would result in serious harm to  
   or physical restraint against any person; or                            
     (C) the abuse or threatened abuse of the legal process.               

       (3) Commercial sex act.--The term ``commercial sex act'' means any  
   sex act on account of which anything of value is given to or received by
   any person.                                                             
       (4) Debt bondage.--The term ``debt bondage'' means the status or    
   condition of a debtor arising from a pledge by the debtor of his or her 
   personal services or of those of a person under his or her control as a 
   security for debt, if the value of those services as reasonably assessed
   is not applied toward the liquidation of the debt or the length and     
   nature of those services are not respectively limited and defined.      

       (5) Involuntary servitude.--The term ``involuntary servitude''      
   includes a condition of servitude induced by means of--                 
       (A) any scheme, plan, or pattern intended to cause a person to      
   believe that, if the person did not enter into or continue in such      
   condition, that person or another person would suffer serious harm or   
   physical restraint, or                                                  
     (B) the abuse or threatened abuse of the legal process.               

       (6) Minimum standards for the elimination of trafficking.--The term 
   ``minimum standards for the elimination of trafficking'' means the      
   standards set forth in section 108.                                     
       (7) Nonhumanitarian, nontrade-related foreign assistance.--The term 
   ``nonhumanitarian, nontrade-related foreign assistance'' means--        
       (A) any assistance under the Foreign Assistance Act of 1961, other  
   than--                                                                  
       (i) assistance under chapter 4 of part II of that Act that is made  
   available for any program, project, or activity eligible for assistance 
   under chapter 1 of part I of that Act;                                  
     (ii) assistance under chapter 8 of part I of that Act;                

       (iii) any other narcotics-related assistance under part I of that   
   Act or under chapter 4 or 5 part II of that Act, but any such assistance
   provided under this clause shall be subject to the prior notification   
   procedures applicable to reprogrammings pursuant to section 634A of that
   Act;                                                                    
       (iv) disaster relief assistance, including any assistance under     
   chapter 9 of part I of that Act;                                        
     (v) antiterrorism assistance under chapter 8 of part II of that Act;  

     (vi) assistance for refugees;                                         

       (vii) humanitarian and other development assistance in support of   
   programs of nongovernmental organizations under chapters 1 and 10 of    
   that Act;                                                               
       (viii) programs under title IV of chapter 2 of part I of that Act,  
   relating to the Overseas Private Investment Corporation; and            
       (ix) other programs involving trade-related or humanitarian         
   assistance; and                                                         
       (B) sales, or financing on any terms, under the Arms Export Control 
   Act, other than sales or financing provided for narcotics-related       
   purposes following notification in accordance with the prior            
   notification procedures applicable to reprogrammings pursuant to section
   634A of the Foreign Assistance Act of 1961.                             
       (8) Severe forms of trafficking in persons.--The term ``severe forms
   of trafficking in persons'' means--                                     
       (A) sex trafficking in which a commercial sex act is induced by     
   force, fraud, or coercion, or in which the person induced to perform    
   such act has not attained 18 years of age; or                           
       (B) the recruitment, harboring, transportation, provision, or       
   obtaining of a person for labor or services, through the use of force,  
   fraud, or coercion for the purpose of subjection to involuntary         
   servitude, peonage, debt bondage, or slavery.                           
       (9) Sex trafficking.--The term ``sex trafficking'' means the        
   recruitment, harboring, transportation, provision, or obtaining of a    
   person for the purpose of a commercial sex act.                         
       (10) State.--The term ``State'' means each of the several States of 
   the United States, the District of Columbia, the Commonwealth of Puerto 
   Rico, the United States Virgin Islands, Guam, American Samoa, the       
   Commonwealth of the Northern Mariana Islands, and territories and       
   possessions of the United States.                                       
       (11) Task force.--The term ``Task Force'' means the Interagency Task
   Force to Monitor and Combat Trafficking established under section 105.  
       (12) United states.--The term ``United States'' means the fifty     
   States of the United States, the District of Columbia, the Commonwealth 
   of Puerto Rico, the Virgin Islands, American Samoa, Guam, the           
   Commonwealth of the Northern Mariana Islands, and the territories and   
   possessions of the United States.                                       
       (13) Victim of a severe form of trafficking.--The term ``victim of a
   severe form of trafficking'' means a person subject to an act or        
   practice described in paragraph (8).                                    
       (14) Victim of trafficking.--The term ``victim of trafficking''     
   means a person subjected to an act or practice described in paragraph   
   (8) or (9).                                                             
          SEC. 104. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.             

     (a) Countries Receiving Economic Assistance.--Section 116(f) of the  
  Foreign Assistance Act of 1961 (22 U.S.C. 2151(f)) is amended to read as
  follows:                                                                
     ``(f)(1) The report required by subsection (d) shall include the     
  following:                                                              
       ``(A) A description of the nature and extent of severe forms of     
   trafficking in persons, as defined in section 103 of the Trafficking    
   Victims Protection Act of 2000, in each foreign country.                
       ``(B) With respect to each country that is a country of origin,     
   transit, or destination for victims of severe forms of trafficking in   
   persons, an assessment of the efforts by the government of that country 
   to combat such trafficking. The assessment shall address the following: 
       ``(i) Whether government authorities in that country participate in,
   facilitate, or condone such trafficking.                                
       ``(ii) Which government authorities in that country are involved in 
   activities to combat such trafficking.                                  
       ``(iii) What steps the government of that country has taken to      
   prohibit government officials from participating in, facilitating, or   

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

     ``(2) In compiling data and making assessments for the purposes of   
  paragraph (1), United States diplomatic mission personnel shall consult 
  with human rights organizations and other appropriate nongovernmental   
  organizations.''.                                                       
          SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.     

     (a) Establishment.--The President shall establish an Interagency Task
  Force to Monitor and Combat Trafficking.                                
     (b) Appointment.--The President shall appoint the members of the Task
  Force, which shall include the Secretary of State, the Administrator of 
  the United States Agency for International Development, the Attorney    
  General, the Secretary of Labor, the Secretary of Health and Human      
  Services, the Director of Central Intelligence, and such other officials
  as may be designated by the President.                                  
     (c) Chairman.--The Task Force shall be chaired by the Secretary of   
  State.                                                                  
     (d) Activities of the Task Force.--The Task Force shall carry out the
  following activities:                                                   
     (1) Coordinate the implementation of this division.                   

       (2) Measure and evaluate progress of the United States and other    
   countries in the areas of trafficking prevention, protection, and       
   assistance to victims of trafficking, and prosecution and enforcement   
   against traffickers, including the role of public corruption in         
   facilitating trafficking. The Task Force shall have primary             
   responsibility for assisting the Secretary of State in the preparation  
   of the reports described in section 110.                                
       (3) Expand interagency procedures to collect and organize data,     
   including significant research and resource information on domestic and 
   international trafficking. Any data collection procedures established   
   under this subsection shall respect the confidentiality of victims of   
   trafficking.                                                            
       (4) Engage in efforts to facilitate cooperation among countries of  
   origin, transit, and destination. Such efforts shall aim to strengthen  
   local and regional capacities to prevent trafficking, prosecute         
   traffickers and assist trafficking victims, and shall include           
   initiatives to enhance cooperative efforts between destination countries
   and countries of origin and assist in the appropriate reintegration of  
   stateless victims of trafficking.                                       
       (5) Examine the role of the international ``sex tourism'' industry  
   in the trafficking of persons and in the sexual exploitation of women   
   and children around the world.                                          
       (6) Engage in consultation and advocacy with governmental and       
   nongovernmental organizations, among other entities, to advance the     
   purposes of this division.                                              
     (e) Support for the Task Force.--The Secretary of State is authorized
  to establish within the Department of State an Office to Monitor and    
  Combat Trafficking, which shall provide assistance to the Task Force.   
  Any such Office shall be headed by a Director. The Director shall have  
  the primary responsibility for assisting the Secretary of State in      
  carrying out the purposes of this division and may have additional      
  responsibilities as determined by the Secretary. The Director shall     
  consult with nongovernmental organizations and multilateral             
  organizations, and with trafficking victims or other affected persons.  
  The Director shall have the authority to take evidence in public        
  hearings or by other means. The agencies represented on the Task Force  
  are authorized to provide staff to the Office on a nonreimbursable      
  basis.                                                                  
          SEC. 106. PREVENTION OF TRAFFICKING.                                    

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

     (c) Consultation Requirement.--The President shall consult with      
  appropriate nongovernmental organizations with respect to the           
  establishment and conduct of initiatives described in subsections (a)   
  and (b).                                                                
          SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.         

    (a)  Assistance for Victims in Other Countries.--                     

       (1) In general.--The Secretary of State and the Administrator of the
   United States Agency for International Development, in consultation with
   appropriate nongovernmental organizations, shall establish and carry out
   programs and initiatives in foreign countries to assist in the safe     
   integration, reintegration, or resettlement, as appropriate, of victims 
   of trafficking. Such programs and initiatives shall be designed to meet 
   the appropriate assistance needs of such persons and their children, as 
   identified by the Task Force.                                           
       (2) Additional requirement.--In establishing and conducting programs
   and initiatives described in paragraph (1), the Secretary of State and  
   the Administrator of the United States Agency for International         
   Development shall take all appropriate steps to enhance cooperative     
   efforts among foreign countries, including countries of origin of       
   victims of trafficking, to assist in the integration, reintegration, or 
   resettlement, as appropriate, of victims of trafficking, including      
   stateless victims.                                                      
    (b)  Victims in the United States.--                                  

     (1)  Assistance.--                                                    

       (A) Eligibility for benefits and services.--Notwithstanding title IV
   of the Personal Responsibility and Work Opportunity Reconciliation Act  
   of 1996, an alien who is a victim of a severe form of trafficking in    
   persons shall be eligible for benefits and services under any Federal or
   State program or activity funded or administered by any official or     
   agency described in subparagraph (B) to the same extent as an alien who 
   is admitted to the United States as a refugee under section 207 of the  
   Immigration and Nationality Act.                                        
       (B) Requirement to expand benefits and services.--Subject to        
   subparagraph (C) and, in the case of nonentitlement programs, to the    
   availability of appropriations, the Secretary of Health and Human       
   Services, the Secretary of Labor, the Board of Directors of the Legal   
   Services Corporation, and the heads of other Federal agencies shall     
   expand benefits and services to victims of severe forms of trafficking  
   in persons in the United States, without regard to the immigration      
   status of such victims.                                                 
       (C) Definition of victim of a severe form of trafficking in         
   persons.--For the purposes of this paragraph, the term ``victim of a    
   severe form of trafficking in persons'' means only a person--           
       (i) who has been subjected to an act or practice described in       
   section 103(8) as in effect on the date of the enactment of this Act;   
   and                                                                     
     (ii)(I) who has not attained 18 years of age; or                      

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

       (D) Annual report.--Not later than December 31 of each year, the    
   Secretary of Health and Human Services, in consultation with the        
   Secretary of Labor, the Board of Directors of the Legal Services        
   Corporation, and the heads of other appropriate Federal agencies shall  
   submit a report, which includes information on the number of persons who
   received benefits or other services under this paragraph in connection  
   with programs or activities funded or administered by such agencies or  
   officials during the preceding fiscal year, to the Committee on Ways and
   Means, the Committee on International Relations, and the Committee on   
   the Judiciary of the House of Representatives and the Committee on      
   Finance, the Committee on Foreign Relations, and the Committee on the   
   Judiciary of the Senate.                                                
     (E)  Certification.--                                                 

(i) In general.--Subject to clause (ii), the certification referred 
   to in subparagraph (C) is a certification by the Secretary of Health and
   Human Services, after consultation with the Attorney General, that the  
   person referred to in subparagraph (C)(ii)(II)--                        
         (I) is willing to assist in every reasonable way in the            
    investigation and prosecution of severe forms of trafficking in persons;
    and                                                                     
         (II)(aa) has made a bona fide application for a visa under section 
    101(a)(15)(T) of the Immigration and Nationality Act, as added by       
    subsection (e), that has not been denied; or                            
         (bb) is a person whose continued presence in the United States the 
    Attorney General is ensuring in order to effectuate prosecution of      
    traffickers in persons.                                                 
       (ii) Period of effectiveness.--A certification referred to in       
   subparagraph (C), with respect to a person described in clause          
   (i)(II)(bb), shall be effective only for so long as the Attorney General
   determines that the continued presence of such person is necessary to   
   effectuate prosecution of traffickers in persons.                       
       (iii) Investigation and prosecution defined.--For the purpose of a  
   certification under this subparagraph, the term ``investigation and     
   prosecution'' includes--                                                
         (I) identification of a person or persons who have committed severe
    forms of trafficking in persons;                                        
      (II) location and apprehension of such persons; and                   


      (III) testimony at proceedings against such persons.                  

     (2)  Grants.--                                                        

       (A) In general.--Subject to the availability of appropriations, the 
   Attorney General may make grants to States, Indian tribes, units of     
   local government, and nonprofit, nongovernmental victims' service       
   organizations to develop, expand, or strengthen victim service programs 
   for victims of trafficking.                                             
       (B) Allocation of grant funds.--Of amounts made available for grants
   under this paragraph, there shall be set aside--                        
     (i) three percent for research, evaluation, and statistics;           

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

     (iii) one percent for management and administration.                  

       (C) Limitation on federal share.--The Federal share of a grant made 
   under this paragraph may not exceed 75 percent of the total costs of the
   projects described in the application submitted.                        
     (c) Trafficking Victim Regulations.--Not later than 180 days after   
  the date of enactment of this Act, the Attorney General and the         
  Secretary of State shall promulgate regulations for law enforcement     
  personnel, immigration officials, and Department of State officials to  
  implement the following:                                                
       (1) Protections while in custody.--Victims of severe forms of       
   trafficking, while in the custody of the Federal Government and to the  
   extent practicable, shall--                                             
       (A) not be detained in facilities inappropriate to their status as  
   crime victims;                                                          
     (B) receive necessary medical care and other assistance; and          

       (C) be provided protection if a victim's safety is at risk or if    
   there is danger of additional harm by recapture of the victim by a      
   trafficker, including--                                                 
       (i) taking measures to protect trafficked persons and their family  
   members from intimidation and threats of reprisals and reprisals from   
   traffickers and their associates; and                                   
       (ii) ensuring that the names and identifying information of         
   trafficked persons and their family members are not disclosed to the    
   public.                                                                 
       (2) Access to information.--Victims of severe forms of trafficking  
   shall have access to information about their rights and translation     
   services.                                                               
       (3) Authority to permit continued presence in the united            
   states.--Federal law enforcement officials may permit an alien          
   individual's continued presence in the United States, if after an       
   assessment, it is determined that such individual is a victim of a      
   severe form of trafficking and a potential witness to such trafficking, 
   in order to effectuate prosecution of those responsible, and such       
   officials in investigating and prosecuting traffickers shall protect the
   safety of trafficking victims, including taking measures to protect     
   trafficked persons and their family members from intimidation, threats  
   of reprisals, and reprisals from traffickers and their associates.      
       (4) Training of government personnel.--Appropriate personnel of the 
   Department of State and the Department of Justice shall be trained in   
   identifying victims of severe forms of trafficking and providing for the
   protection of such victims.                                             
     (d) Construction.--Nothing in subsection (c) shall be construed as   
  creating any private cause of action against the United States or its   
  officers or employees.                                                  
    (e)  Protection From Removal for Certain Crime Victims.--             

       (1) In general.--Section 101(a)(15) of the Immigration and          
   Nationality Act (8 U.S.C. 1101(a)(15)) is amended--                     
     (A) by striking ``or'' at the end of subparagraph (R);                

       (B) by striking the period at the end of subparagraph (S) and       
   inserting ``; or''; and                                                 
     (C) by adding at the end the following new subparagraph:              

       ``(T)(i) subject to section 214(n), an alien who the Attorney       
   General determines--                                                    
       ``(I) is or has been a victim of a severe form of trafficking in    
   persons, as defined in section 103 of the Trafficking Victims Protection
   Act of 2000,                                                            
       ``(II) is physically present in the United States, American Samoa,  
   or the Commonwealth of the Northern Mariana Islands, or at a port of    
   entry thereto, on account of such trafficking,                          
       ``(III)(aa) has complied with any reasonable request for assistance 
   in the investigation or prosecution of acts of trafficking, or          
     ``(bb) has not attained 15 years of age, and                          

       ``(IV) the alien would suffer extreme hardship involving unusual and
   severe harm upon removal; and                                           
       ``(ii) if the Attorney General considers it necessary to avoid      
   extreme hardship--                                                      
       ``(I) in the case of an alien described in clause (i) who is under  
   21 years of age, the spouse, children, and parents of such alien; and   
       ``(II) in the case of an alien described in clause (i) who is 21    
   years of age or older, the spouse and children of such alien,           
      if accompanying, or following to join, the alien described in clause 
   (i).''.                                                                 
       (2) Conditions of nonimmigrant status.--Section 214 of the          
   Immigration and Nationality Act (8 U.S.C. 1184) is amended--            

       (A) by redesignating the subsection (l) added by section 625(a) of  
   the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
   (Public Law 104 208; 110 Stat. 3009 1820) as subsection (m); and        
     (B) by adding at the end the following:                               

     ``(n)(1) No alien shall be eligible for admission to the United      
  States under section 101(a)(15)(T) if there is substantial reason to    
  believe that the alien has committed an act of a severe form of         
  trafficking in persons (as defined in section 103 of the Trafficking    
  Victims Protection Act of 2000).                                        
     ``(2) The total number of aliens who may be issued visas or otherwise
  provided nonimmigrant status during any fiscal year under section       
  101(a)(15)(T) may not exceed 5,000.                                     
     ``(3) The numerical limitation of paragraph (2) shall only apply to  
  principal aliens and not to the spouses, sons, daughters, or parents of 
  such aliens.''.                                                         
       (3) Waiver of grounds for ineligibility for admission.--Section     
   212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is     
   amended by adding at the end the following:                             
     ``(13)(A) The Attorney General shall determine whether a ground for  
  inadmissibility exists with respect to a nonimmigrant described in      
  section 101(a)(15)(T).                                                  
     ``(B) In addition to any other waiver that may be available under    
  this section, in the case of a nonimmigrant described in section        
  101(a)(15)(T), if the Attorney General considers it to be in the        
  national interest to do so, the Attorney General, in the Attorney       
  General's discretion, may waive the application of--                    
     ``(i) paragraphs (1) and (4) of subsection (a); and                   

       ``(ii) any other provision of such subsection (excluding paragraphs 
   (3), (10)(C), and (10(E)) if the activities rendering the alien         
   inadmissible under the provision were caused by, or were incident to,   
   the victimization described in section 101(a)(15)(T)(i)(I).''.          
       (4) Duties of the attorney general with respect to ``t'' visa       
   nonimmigrants.--Section 101 of the Immigration and Nationality Act (8   
   U.S.C. 1101) is amended by adding at the end the following new          
   subsection:                                                             
     ``(i) With respect to each nonimmigrant alien described in subsection
  (a)(15)(T)(i)--                                                         
       ``(1) the Attorney General and other Government officials, where    
   appropriate, shall provide the alien with a referral to a               
   nongovernmental organization that would advise the alien regarding the  
   alien's options while in the United States and the resources available  
   to the alien; and                                                       
       ``(2) the Attorney General shall, during the period the alien is in 
   lawful temporary resident status under that subsection, grant the alien 
   authorization to engage in employment in the United States and provide  
   the alien with an `employment authorized' endorsement or other          
   appropriate work permit.''.                                             
       (5) Statutory construction.--Nothing in this section, or in the     
   amendments made by this section, shall be construed as prohibiting the  
   Attorney General from instituting removal proceedings under section 240 
   of the Immigration and Nationality Act (8 U.S.C. 1229a) against an alien
   admitted as a nonimmigrant under section 101(a)(15)(T)(i) of that Act,  
   as added by subsection (e), for conduct committed after the alien's     
   admission into the United States, or for conduct or a condition that was
   not disclosed to the Attorney General prior to the alien's admission as 
   a nonimmigrant under such section 101(a)(15)(T)(i).                     
     (f) Adjustment to Permanent Resident Status.--Section 245 of such Act
  (8 U.S.C 1255) is amended by adding at the end the following new        
  subsection:                                                             
     ``(l)(1) If, in the opinion of the Attorney General, a nonimmigrant  
  admitted into the United States under section 101(a)(15)(T)(i)--        
       ``(A) has been physically present in the United States for a        
   continuous period of at least 3 years since the date of admission as a  
   nonimmigrant under section 101(a)(15)(T)(i),                            
       ``(B) has, throughout such period, been a person of good moral      
   character, and                                                          
       ``(C)(i) has, during such period, complied with any reasonable      
   request for assistance in the investigation or prosecution of acts of   
   trafficking, or                                                         
       ``(ii) the alien would suffer extreme hardship involving unusual and
   severe harm upon removal from the United States,                        
    the Attorney General may adjust the status of the alien (and any      
  person admitted under that section as the spouse, parent, or child of   
  the alien) to that of an alien lawfully admitted for permanent          
  residence.                                                              
     ``(2) Paragraph (1) shall not apply to an alien admitted under       
  section 101(a)(15)(T) who is inadmissible to the United States by reason
  of a ground that has not been waived under section 212, except that, if 
  the Attorney General considers it to be in the national interest to do  
  so, the Attorney General, in the Attorney General's discretion, may     
  waive the application of--                                              
     ``(A) paragraphs (1) and (4) of section 212(a); and                   

       ``(B) any other provision of such section (excluding paragraphs (3),
   (10)(C), and (10(E)), if the activities rendering the alien inadmissible
   under the provision were caused by, or were incident to, the            
   victimization described in section 101(a)(15)(T)(i)(I).                 
     ``(2) An alien shall be considered to have failed to maintain        
  continuous physical presence in the United States under paragraph (1)(A)
  if the alien has departed from the United States for any period in      
  excess of 90 days or for any periods in the aggregate exceeding 180     
  days.                                                                   
     ``(3)(A) The total number of aliens whose status may be adjusted     
  under paragraph (1) during any fiscal year may not exceed 5,000.        
     ``(B) The numerical limitation of subparagraph (A) shall only apply  
  to principal aliens and not to the spouses, sons, daughters, or parents 
  of such aliens.                                                         
     ``(4) Upon the approval of adjustment of status under paragraph (1), 
  the Attorney General shall record the alien's lawful admission for      
  permanent residence as of the date of such approval.''.                 

     (g) Annual Reports.--On or before October 31 of each year, the       
  Attorney General shall submit a report to the appropriate congressional 
  committees setting forth, with respect to the preceding fiscal year, the
  number, if any, of otherwise eligible applicants who did not receive    
  visas under section 101(a)(15)(T) of the Immigration and Nationality    
  Act, as added by subsection (e), or who were unable to adjust their     
  status under section 245(l) of such Act, solely on account of the       
  unavailability of visas due to a limitation imposed by section 214(n)(1)
  or 245(l)(4)(A) of such Act.                                            
          SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.         

     (a) Minimum Standards.--For purposes of this division, the minimum   
  standards for the elimination of trafficking applicable to the          
  government of a country of origin, transit, or destination for a        
  significant number of victims of severe forms of trafficking are the    
  following:                                                              
       (1) The government of the country should prohibit severe forms of   
   trafficking in persons and punish acts of such trafficking.             
       (2) For the knowing commission of any act of sex trafficking        
   involving force, fraud, coercion, or in which the victim of sex         
   trafficking is a child incapable of giving meaningful consent, or of    
   trafficking which includes rape or kidnapping or which causes a death,  
   the government of the country should prescribe punishment commensurate  
   with that for grave crimes, such as forcible sexual assault.            
       (3) For the knowing commission of any act of a severe form of       
   trafficking in persons, the government of the country should prescribe  
   punishment that is sufficiently stringent to deter and that adequately  
   reflects the heinous nature of the offense.                             
       (4) The government of the country should make serious and sustained 
   efforts to eliminate severe forms of trafficking in persons.            
     (b) Criteria.--In determinations under subsection (a)(4), the        
  following factors should be considered as indicia of serious and        
  sustained efforts to eliminate severe forms of trafficking in persons:  
       (1) Whether the government of the country vigorously investigates   
   and prosecutes acts of severe forms of trafficking in persons that take 
   place wholly or partly within the territory of the country.             
       (2) Whether the government of the country protects victims of severe
   forms of trafficking in persons and encourages their assistance in the  
   investigation and prosecution of such trafficking, including provisions 
   for legal alternatives to their removal to countries in which they would
   face retribution or hardship, and ensures that victims are not          
   inappropriately incarcerated, fined, or otherwise penalized solely for  
   unlawful acts as a direct result of being trafficked.                   
       (3) Whether the government of the country has adopted measures to   
   prevent severe forms of trafficking in persons, such as measures to     
   inform and educate the public, including potential victims, about the   
   causes and consequences of severe forms of trafficking in persons.      
       (4) Whether the government of the country cooperates with other     
   governments in the investigation and prosecution of severe forms of     
   trafficking in persons.                                                 
       (5) Whether the government of the country extradites persons charged
   with acts of severe forms of trafficking in persons on substantially the
   same terms and to substantially the same extent as persons charged with 
   other serious crimes (or, to the extent such extradition would be       
   inconsistent with the laws of such country or with international        
   agreements to which the country is a party, whether the government is   
   taking all appropriate measures to modify or replace such laws and      
   treaties so as to permit such extradition).                             
       (6) Whether the government of the country monitors immigration and  
   emigration patterns for evidence of severe forms of trafficking in      
   persons and whether law enforcement agencies of the country respond to  
   any such evidence in a manner that is consistent with the vigorous      
   investigation and prosecution of acts of such trafficking, as well as   
   with the protection of human rights of victims and the internationally  
   recognized human right to leave any country, including one's own, and to
   return to one's own country.                                            
       (7) Whether the government of the country vigorously investigates   
   and prosecutes public officials who participate in or facilitate severe 
   forms of trafficking in persons, and takes all appropriate measures     
   against officials who condone such trafficking.                         
          SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.    

     Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
  2151 et seq.) is amended by adding at the end the following new section:
                    ``SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM   
          STANDARDS FOR THE ELIMINATION OF TRAFFICKING.                           
     ``(a) Authorization.--The President is authorized to provide         
  assistance to foreign countries directly, or through nongovernmental and
  multilateral organizations, for programs, projects, and activities      
  designed to meet the minimum standards for the elimination of           
  trafficking (as defined in section 103 of the Trafficking Victims       
  Protection Act of 2000), including--                                    
     ``(1) the drafting of laws to prohibit and punish acts of trafficking;

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

       ``(3) the creation and maintenance of facilities, programs,         
   projects, and activities for the protection of victims; and             
       ``(4) the expansion of exchange programs and international visitor  
   programs for governmental and nongovernmental personnel to combat       
   trafficking.                                                            
     ``(b) Funding.--Amounts made available to carry out the other        
  provisions of this part (including chapter 4 of part II of this Act) and
  the Support for East European Democracy (SEED) Act of 1989 shall be made
  available to carry out this section.''.                                 

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

     (a) Statement of Policy.--It is the policy of the United States not  
  to provide nonhumanitarian, nontrade-related foreign assistance to any  
  government that--                                                       
       (1) does not comply with minimum standards for the elimination of   
   trafficking; and                                                        
       (2) is not making significant efforts to bring itself into          
   compliance with such standards.                                         
    (b)  Reports to Congress.--                                           

       (1) Annual report.--Not later than June 1 of each year, the         
   Secretary of State shall submit to the appropriate congressional        
   committees a report with respect to the status of severe forms of       
   trafficking in persons that shall include--                             
       (A) a list of those countries, if any, to which the minimum         
   standards for the elimination of trafficking are applicable and whose   
   governments fully comply with such standards;                           
       (B) a list of those countries, if any, to which the minimum         
   standards for the elimination of trafficking are applicable and whose   
   governments do not yet fully comply with such standards but are making  
   significant efforts to bring themselves into compliance; and            
       (C) a list of those countries, if any, to which the minimum         
   standards for the elimination of trafficking are applicable and whose   
   governments do not fully comply with such standards and are not making  
   significant efforts to bring themselves into compliance.                
       (2) Interim reports.--In addition to the annual report under        
   paragraph (1), the Secretary of State may submit to the appropriate     
   congressional committees at any time one or more interim reports with   
   respect to the status of severe forms of trafficking in persons,        
   including information about countries whose governments--               
       (A) have come into or out of compliance with the minimum standards  
   for the elimination of trafficking; or                                  
       (B) have begun or ceased to make significant efforts to bring       
   themselves into compliance,                                             
   since the transmission of the last annual report.                       

       (3) Significant efforts.--In determinations under paragraph (1) or  
   (2) as to whether the government of a country is making significant     
   efforts to bring itself into compliance with the minimum standards for  
   the elimination of trafficking, the Secretary of State shall consider-- 
       (A) the extent to which the country is a country of origin, transit,
   or destination for severe forms of trafficking;                         
       (B) the extent of noncompliance with the minimum standards by the   
   government and, particularly, the extent to which officials or employees
   of the government have participated in, facilitated, condoned, or are   
   otherwise complicit in severe forms of trafficking; and                 
       (C) what measures are reasonable to bring the government into       
   compliance with the minimum standards in light of the resources and     
   capabilities of the government.                                         
     (c) Notification.--Not less than 45 days or more than 90 days after  
  the submission, on or after January 1, 2003, of an annual report under  
  subsection (b)(1), or an interim report under subsection (b)(2), the    
  President shall submit to the appropriate congressional committees a    
  notification of one of the determinations listed in subsection (d) with 
  respect to each foreign country whose government, according to such     
  report--                                                                
       (A) does not comply with the minimum standards for the elimination  
   of trafficking; and                                                     
       (B) is not making significant efforts to bring itself into          
   compliance, as described in subsection (b)(1)(C).                       
     (d) Presidential Determinations.--The determinations referred to in  
  subsection (c) are the following:                                       
       (1) Withholding of nonhumanitarian, nontrade-related                
   assistance.--The President has determined that--                        
       (A)(i) the United States will not provide nonhumanitarian,          
   nontrade-related foreign assistance to the government of the country for
   the subsequent fiscal year until such government complies with the      
   minimum standards or makes significant efforts to bring itself into     
   compliance; or                                                          
       (ii) in the case of a country whose government received no          
   nonhumanitarian, nontrade-related foreign assistance from the United    
   States during the previous fiscal year, the United States will not      
   provide funding for participation by officials or employees of such     
   governments in educational and cultural exchange programs for the       
   subsequent fiscal year until such government complies with the minimum  
   standards or makes significant efforts to bring itself into compliance; 
   and                                                                     
       (B) the President will instruct the United States Executive Director
   of each multilateral development bank and of the International Monetary 
   Fund to vote against, and to use the Executive Director's best efforts  
   to deny, any loan or other utilization of the funds of the respective   
   institution to that country (other than for humanitarian assistance, for
   trade-related assistance, or for development assistance which directly  
   addresses basic human needs, is not administered by the government of   
   the sanctioned country, and confers no benefit to that government) for  
   the subsequent fiscal year until such government complies with the      
   minimum standards or makes significant efforts to bring itself into     
   compliance.                                                             
       (2) Ongoing, multiple, broad-based restrictions on assistance in    
   response to human rights violations.--The President has determined that 
   such country is already subject to multiple, broad-based restrictions on
   assistance imposed in significant part in response to human rights      
   abuses and such restrictions are ongoing and are comparable to the      
   restrictions provided in paragraph (1). Such determination shall be     
   accompanied by a description of the specific restriction or restrictions
   that were the basis for making such determination.                      
       (3) Subsequent compliance.--The Secretary of State has determined   
   that the government of the country has come into compliance with the    
   minimum standards or is making significant efforts to bring itself into 
   compliance.                                                             
       (4) Continuation of assistance in the national                      
   interest.--Notwithstanding the failure of the government of the country 
   to comply with minimum standards for the elimination of trafficking and 
   to make significant efforts to bring itself into compliance, the        
   President has determined that the provision to the country of           
   nonhumanitarian, nontrade-related foreign assistance, or the            
   multilateral assistance described in paragraph (1)(B), or both, would   
   promote the purposes of this division or is otherwise in the national   
   interest of the United States.                                          
     (5)  Exercise of waiver authority.--                                  

       (A) In general.--The President may exercise the authority under     
   paragraph (4) with respect to--                                         

       (i) all nonhumanitarian, nontrade-related foreign assistance to a   
   country;                                                                
       (ii) all multilateral assistance described in paragraph (1)(B) to a 
   country; or                                                             
       (iii) one or more programs, projects, or activities of such         
   assistance.                                                             
       (B) Avoidance of significant adverse effects.--The President shall  
   exercise the authority under paragraph (4) when necessary to avoid      
   significant adverse effects on vulnerable populations, including women  
   and children.                                                           
       (6) Definition of multilateral development bank.--In this           
   subsection, the term ``multilateral development bank'' refers to any of 
   the following institutions: the International Bank for Reconstruction   
   and Development, the International Development Association, the         
   International Finance Corporation, the Inter-American Development Bank, 
   the Asian Development Bank, the Inter-American Investment Corporation,  
   the African Development Bank, the African Development Fund, the European
   Bank for Reconstruction and Development, and the Multilateral Investment
   Guaranty Agency.                                                        
     (e) Certification.--Together with any notification under subsection  
  (c), the President shall provide a certification by the Secretary of    
  State that, with respect to any assistance described in clause (ii),    
  (iii), or (v) of section 103(7)(A), or with respect to any assistance   
  described in section 103(7)(B), no assistance is intended to be received
  or used by any agency or official who has participated in, facilitated, 
  or condoned a severe form of trafficking in persons.                    
          SEC. 111. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.           

    (a)  Authority To Sanction Significant Traffickers in Persons.--      

       (1) In general.--The President may exercise the authorities set     
   forth in section 203 of the International Emergency Economic Powers Act 
   (50 U.S.C. 1701) without regard to section 202 of that Act (50 U.S.C.   
   1701) in the case of any of the following persons:                      
       (A) Any foreign person that plays a significant role in a severe    
   form of trafficking in persons, directly or indirectly in the United    
   States.                                                                 
       (B) Foreign persons that materially assist in, or provide financial 
   or technological support for or to, or provide goods or services in     
   support of, activities of a significant foreign trafficker in persons   
   identified pursuant to subparagraph (A).                                
       (C) Foreign persons that are owned, controlled, or directed by, or  
   acting for or on behalf of, a significant foreign trafficker identified 
   pursuant to subparagraph (A).                                           
       (2) Penalties.--The penalties set forth in section 206 of the       
   International Emergency Economic Powers Act (50 U.S.C. 1705) apply to   
   violations of any license, order, or regulation issued under this       
   section.                                                                
     (b) Report to Congress on Identification and Sanctioning of          
  Significant Traffickers in Persons.--                                   
       (1) In general.--Upon exercising the authority of subsection (a),   
   the President shall report to the appropriate congressional committees--
       (A) identifying publicly the foreign persons that the President     
   determines are appropriate for sanctions pursuant to this section and   
   the basis for such determination; and                                   
     (B) detailing publicly the sanctions imposed pursuant to this section.

       (2) Removal of sanctions.--Upon suspending or terminating any action
   imposed under the authority of subsection (a), the President shall      
   report to the committees described in paragraph (1) on such suspension  
   or termination.                                                         
       (3) Submission of classified information.--Reports submitted under  
   this subsection may include an annex with classified information        
   regarding the basis for the determination made by the President under   
   paragraph (1)(A).                                                       
     (c) Law Enforcement and Intelligence Activities Not                  
  Affected.--Nothing in this section prohibits or otherwise limits the    
  authorized law enforcement or intelligence activities of the United     
  States, or the law enforcement activities of any State or subdivision   
  thereof.                                                                
     (d) Exclusion of Persons Who Have Benefited From Illicit Activities  
  of Traffickers in Persons.--Section 212(a)(2) of the Immigration and    
  Nationality Act (8 U.S.C. 1182(a)(2)) is amended by inserting at the end
  the following new subparagraph:                                         
     ``(H)  Significant traffickers in persons.--                          
       ``(i) In general.--Any alien who is listed in a report submitted    
   pursuant to section 111(b) of the Trafficking Victims Protection Act of 
   2000, or who the consular officer or the Attorney General knows or has  
   reason to believe is or has been a knowing aider, abettor, assister,    
   conspirator, or colluder with such a trafficker in severe forms of      
   trafficking in persons, as defined in the section 103 of such Act, is   
   inadmissible.                                                           
       ``(ii) Beneficiaries of trafficking.--Except as provided in clause  
   (iii), any alien who the consular officer or the Attorney General knows 
   or has reason to believe is the spouse, son, or daughter of an alien    
   inadmissible under clause (i), has, within the previous 5 years,        
   obtained any financial or other benefit from the illicit activity of    
   that alien, and knew or reasonably should have known that the financial 
   or other benefit was the product of such illicit activity, is           
   inadmissible.                                                           
       ``(iii) Exception for certain sons and daughters.--Clause (ii) shall
   not apply to a son or daughter who was a child at the time he or she    
   received the benefit described in such clause.''.                       
    (e)  Implementation.--                                                


       (1) Delegation of authority.--The President may delegate any        
   authority granted by this section, including the authority to designate 
   foreign persons under paragraphs (1)(B) and (1)(C) of subsection (a).   
       (2) Promulgation of rules and regulations.--The head of any agency, 
   including the Secretary of Treasury, is authorized to take such actions 
   as may be necessary to carry out any authority delegated by the         
   President pursuant to paragraph (1), including promulgating rules and   
   regulations.                                                            
       (3) Opportunity for review.--Such rules and regulations shall       
   include procedures affording an opportunity for a person to be heard in 
   an expeditious manner, either in person or through a representative, for
   the purpose of seeking changes to or termination of any determination,  
   order, designation or other action associated with the exercise of the  
   authority in subsection (a).                                            
     (f) Definition of Foreign Persons.--In this section, the term        
  ``foreign person'' means any citizen or national of a foreign state or  
  any entity not organized under the laws of the United States, including 
  a foreign government official, but does not include a foreign state.    
     (g) Construction.--Nothing in this section shall be construed as     
  precluding judicial review of the exercise of the authority described in
  subsection (a).                                                         
          SEC. 112. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.      

     (a) Title 18 Amendments.--Chapter 77 of title 18, United States Code,
  is amended--                                                            
     (1) in each of sections 1581(a), 1583, and 1584--                     

     (A) by striking ``10 years'' and inserting ``20 years''; and          

       (B) by adding at the end the following: ``If death results from the 
   violation of this section, or if the violation includes kidnapping or an
   attempt to kidnap, aggravated sexual abuse or the attempt to commit     
   aggravated sexual abuse, or an attempt to kill, the defendant shall be  
   fined under this title or imprisoned for any term of years or life, or  
   both.'';                                                                
     (2) by inserting at the end the following:                            

          ``1589. Forced labor                                                    

     ``Whoever knowingly provides or obtains the labor or services of a   
  person--                                                                
       ``(1) by threats of serious harm to, or physical restraint against, 
   that person or another person;                                          
       ``(2) by means of any scheme, plan, or pattern intended to cause the
   person to believe that, if the person did not perform such labor or     
   services, that person or another person would suffer serious harm or    
   physical restraint; or                                                  
       ``(3) by means of the abuse or threatened abuse of law or the legal 
   process,                                                                
    shall be fined under this title or imprisoned not more than 20 years, 
  or both. If death results from the violation of this section, or if the 
  violation includes kidnapping or an attempt to kidnap, aggravated sexual
  abuse or the attempt to commit aggravated sexual abuse, or an attempt to
  kill, the defendant shall be fined under this title or imprisoned for   
  any term of years or life, or both.                                     
                    ``1590. Trafficking with respect to peonage, slavery,         
          involuntary servitude, or forced labor                                  
     ``Whoever knowingly recruits, harbors, transports, provides, or      
  obtains by any means, any person for labor or services in violation of  
  this chapter shall be fined under this title or imprisoned not more than
  20 years, or both. If death results from the violation of this section, 
  or if the violation includes kidnapping or an attempt to kidnap,        
  aggravated sexual abuse, or the attempt to commit aggravated sexual     
  abuse, or an attempt to kill, the defendant shall be fined under this   
  title or imprisoned for any term of years or life, or both.             
          ``1591. Sex trafficking of children or by force, fraud or coercion      

    ``(a) Whoever knowingly--                                             

       ``(1) in or affecting interstate commerce, recruits, entices,       
   harbors, transports, provides, or obtains by any means a person; or     
       ``(2) benefits, financially or by receiving anything of value, from 
   participation in a venture which has engaged in an act described in     
   violation of paragraph (1),                                             
    knowing that force, fraud, or coercion described in subsection (c)(2) 
  will be used to cause the person to engage in a commercial sex act, or  
  that the person has not attained the age of 18 years and will be caused 
  to engage in a commercial sex act, shall be punished as provided in     
  subsection (b).                                                         
    ``(b) The punishment for an offense under subsection (a) is--         

       ``(1) if the offense was effected by force, fraud, or coercion or if
   the person transported had not attained the age of 14 years at the time 
   of such offense, by a fine under this title or imprisonment for any term
   of years or for life, or both; or                                       
       ``(2) if the offense was not so effected, and the person transported
   had attained the age of 14 years but had not attained the age of 18     
   years at the time of such offense, by a fine under this title or        
   imprisonment for not more than 20 years, or both.                       
    ``(c) In this section:                                                

       ``(1) The term `commercial sex act' means any sex act, on account of
   which anything of value is given to or received by any person.''        
     ``(2) The term `coercion' means--                                     

       ``(A) threats of serious harm to or physical restraint against any  
   person;                                                                 
       ``(B) any scheme, plan, or pattern intended to cause a person to    
   believe that failure to perform an act would result in serious harm to  
   or physical restraint against any person; or                            
     ``(C) the abuse or threatened abuse of law or the legal process.      

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

                    ``1592. Unlawful conduct with respect to documents in         
          furtherance of trafficking, peonage, slavery, involuntary servitude, or 
          forced labor                                                            
     ``(a) Whoever knowingly destroys, conceals, removes, confiscates, or 
  possesses any actual or purported passport or other immigration         
  document, or any other actual or purported government identification    
  document, of another person--                                           
       ``(1) in the course of a violation of section 1581, 1583, 1584,     
   1589, 1590, 1591, or 1594(a);                                           
       ``(2) with intent to violate section 1581, 1583, 1584, 1589, 1590,  
   or 1591; or                                                             
       ``(3) to prevent or restrict or to attempt to prevent or restrict,  
   without lawful authority, the person's liberty to move or travel, in    
   order to maintain the labor or services of that person, when the person 
   is or has been a victim of a severe form of trafficking in persons, as  
   defined in section 103 of the Trafficking Victims Protection Act of     
   2000;                                                                   
    shall be fined under this title or imprisoned for not more than 5     
  years, or both.                                                         
     ``(b) Subsection (a) does not apply to the conduct of a person who is
  or has been a victim of a severe form of trafficking in persons, as     
  defined in section 103 of the Trafficking Victims Protection Act of     
  2000, if that conduct is caused by, or incident to, that trafficking.   
          ``1593. Mandatory restitution                                           

     ``(a) Notwithstanding sections 3663 or 3663A, and in addition to any 
  other civil or criminal penalties authorized by law, the court shall    
  order restitution for any offense under this chapter.                   
     ``(b)(1) The order of restitution under this section shall direct the
  defendant to pay the victim (through the appropriate court mechanism)   
  the full amount of the victim's losses, as determined by the court under
  paragraph (3) of this subsection.                                       
     ``(2) An order of restitution under this section shall be issued and 
  enforced in accordance with section 3664 in the same manner as an order 
  under section 3663A.                                                    
     ``(3) As used in this subsection, the term `full amount of the       
  victim's losses' has the same meaning as provided in section 2259(b)(3) 
  and shall in addition include the greater of the gross income or value  
  to the defendant of the victim's services or labor or the value of the  
  victim's labor as guaranteed under the minimum wage and overtime        
  guarantees of the Fair Labor Standards Act (29 U.S.C. 201, et seq.).    
     ``(c) As used in this section, the term `victim' means the individual
  harmed as a result of a crime under this chapter, including, in the case
  of a victim who is under 18 years of age, incompetent, incapacitated, or
  deceased, the legal guardian of the victim or a representative of the   
  victim's estate, or another family member, or any other person appointed
  as suitable by the court, but in no event shall the defendant be named  
  such representative or guardian.                                        
          ``1594. General provisions                                              

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


      ``1589. Forced labor.                                                   

            ``1590. Trafficking with respect to peonage, slavery, involuntary 
      servitude, or forced labor.                                             
      ``1591. Sex trafficking of children or by force, fraud, or coercion.    

            ``1592. Unlawful conduct with respect to documents in furtherance 
      of trafficking, peonage, slavery, involuntary servitude, or forced      
      labor.                                                                  
      ``1593. Mandatory restitution.                                          

      ``1594. General provisions.''.                                          



    (b)  Amendment to the Sentencing Guidelines.--                        

       (1) Pursuant to its authority under section 994 of title 28, United 
   States Code, and in accordance with this section, the United States     
   Sentencing Commission shall review and, if appropriate, amend the       
   sentencing guidelines and policy statements applicable to persons       
   convicted of offenses involving the trafficking of persons including    
   component or related crimes of peonage, involuntary servitude, slave    
   trade offenses, and possession, transfer or sale of false immigration   
   documents in furtherance of trafficking, and the Fair Labor Standards   
   Act and the Migrant and Seasonal Agricultural Worker Protection Act.    
     (2) In carrying out this subsection, the Sentencing Commission shall--

       (A) take all appropriate measures to ensure that these sentencing   
   guidelines and policy statements applicable to the offenses described in
   paragraph (1) of this subsection are sufficiently stringent to deter and
   adequately reflect the heinous nature of such offenses;                 
       (B) consider conforming the sentencing guidelines applicable to     
   offenses involving trafficking in persons to the guidelines applicable  
   to peonage, involuntary servitude, and slave trade offenses; and        
       (C) consider providing sentencing enhancements for those convicted  
   of the offenses described in paragraph (1) of this subsection that--    
     (i) involve a large number of victims;                                


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

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

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

       (3) The Commission may promulgate the guidelines or amendments under
   this subsection in accordance with the procedures set forth in section  
   21(a) of the Sentencing Act of 1987, as though the authority under that 
   Act had not expired.                                                    
          SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.                             

     (a) Authorization of Appropriations in Support of the Task Force.--To
  carry out the purposes of sections 104, 105, and 110, there are         
  authorized to be appropriated to the Secretary of State $1,500,000 for  
  fiscal year 2001 and $3,000,000 for fiscal year 2002.                   
     (b) Authorization of Appropriations to the Secretary of Health and   
  Human Services.--To carry out the purposes of section 107(b), there are 
  authorized to be appropriated to the Secretary of Health and Human      
  Services $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year
  2002.                                                                   
    (c)  Authorization of Appropriations to the Secretary of State.--     

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

       (1) Foreign victim assistance.--To carry out the purposes of section
   106, there are authorized to be appropriated to the President $5,000,000
   for fiscal year 2001 and $10,000,000 for fiscal year 2002.              
       (2) Assistance to foreign countries to meet minimum standards.--To  
   carry out the purposes of section 109, there are authorized to be       
   appropriated to the President $5,000,000 for fiscal year 2001 and       
   $10,000,000 for fiscal year 2002.                                       
     (f) Authorization of Appropriations to the Secretary of Labor.--To   
  carry out the purposes of section 107(b), there are authorized to be    
  appropriated to the Secretary of Labor $5,000,000 for fiscal year 2001  
  and $10,000,000 for fiscal year 2002.                                   

           DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000                          

          SEC. 1001. SHORT TITLE.                                                 

     This division may be cited as the ``Violence Against Women Act of    
  2000''.                                                                 
          SEC. 1002. DEFINITIONS.                                                 

    In this division--                                                    

       (1) the term ``domestic violence'' has the meaning given the term in
   section 2003 of title I of the Omnibus Crime Control and Safe Streets   
   Act of 1968 (42 U.S.C. 3796gg 2); and                                   
       (2) the term ``sexual assault'' has the meaning given the term in   
   section 2003 of title I of the Omnibus Crime Control and Safe Streets   
   Act of 1968 (42 U.S.C. 3796gg 2).                                       
          SEC. 1003. ACCOUNTABILITY AND OVERSIGHT.                                

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

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

     (a) In General.--Part U of title I of the Omnibus Crime Control and  
  Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--        
       (1) in the heading, by adding `` AND ENFORCEMENT OF PROTECTION      
   ORDERS'' at the end;                                                    
     (2) in section 2101(b)--                                              

       (A) in paragraph (6), by inserting ``(including juvenile courts)''  
   after ``courts''; and                                                   
     (B) by adding at the end the following:                               

       ``(7) To provide technical assistance and computer and other        
   equipment to police departments,                                        

                    prosecutors, courts, and tribal jurisdictions to facilitate   
          the widespread enforcement of protection orders, including interstate   
          enforcement, enforcement between States and tribal jurisdictions, and   
          enforcement between tribal jurisdictions.''; and                        
     (3) in section 2102--                                                 

     (A) in subsection (b)--                                               

     (i) in paragraph (1), by striking ``and'' at the end;                 

       (ii) in paragraph (2), by striking the period at the end and        
   inserting ``, including the enforcement of protection orders from other 
   States and jurisdictions (including tribal jurisdictions);''; and       
     (iii) by adding at the end the following:                             

       ``(3) have established cooperative agreements or can demonstrate    
   effective ongoing collaborative arrangements with neighboring           
   jurisdictions to facilitate the enforcement of protection orders from   
   other States and jurisdictions (including tribal jurisdictions); and    
       ``(4) in applications describing plans to further the purposes      
   stated in paragraph (4) or (7) of section 2101(b), will give priority to
   using the grant to develop and install data collection and communication
   systems, including computerized systems, and training on how to use     
   these systems effectively to link police, prosecutors, courts, and      
   tribal jurisdictions for the purpose of identifying and tracking        
   protection orders and violations of protection orders, in those         
   jurisdictions where such systems do not exist or are not fully          
   effective.''; and                                                       
     (B) by adding at the end the following:                               

     ``(c) Dissemination of Information.--The Attorney General shall      
  annually compile and broadly disseminate (including through electronic  
  publication) information about successful data collection and           
  communication systems that meet the purposes described in this section. 
  Such dissemination shall target States, State and local courts, Indian  
  tribal governments, and units of local government.''.                   
    (b)  Protection Orders.--                                             

       (1) Filing costs.--Section 2006 of part T of title I of the Omnibus 
   Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg 5) is      
   amended--                                                               
       (A) in the heading, by striking `` FILING'' and inserting `` AND    
   PROTECTION ORDERS'' after `` CHARGES '';                                
     (B) in subsection (a)--                                               

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

       ``(1) certifies that its laws, policies, and practices do not       
   require, in connection with the prosecution of any misdemeanor or felony
   domestic violence offense, or in connection with the filing, issuance,  
   registration, or service of a protection order, or a petition for a     
   protection order, to protect a victim of domestic violence, stalking, or
   sexual assault, that the victim bear the costs associated with the      
   filing of criminal charges against the offender, or the costs associated
   with the filing, issuance, registration, or service of a warrant,       
   protection order, petition for a protection order, or witness subpoena, 
   whether issued inside or outside the State, tribal, or local            
   jurisdiction; or''; and                                                 
       (ii) in paragraph (2)(B), by striking ``2 years'' and inserting ``2 
   years after the date of enactment of the Violence Against Women Act of  
   2000''; and                                                             
     (C) by adding at the end the following:                               

     ``(c) Definition.--In this section, the term `protection order' has  
  the meaning given the term in section 2266 of title 18, United States   
  Code.''.                                                                
       (2) Eligibility for grants to encourage arrest policies.--Section   
   2101 of part U of title I of the Omnibus Crime Control and Safe Streets 
   Act of 1968 (42 U.S.C. 3796hh) is amended--                             
       (A) in subsection (c), by striking paragraph (4) and inserting the  
   following:                                                              
       ``(4) certify that their laws, policies, and practices do not       
   require, in connection with the prosecution of any misdemeanor or felony
   domestic violence offense, or in connection with the filing, issuance,  
   registration, or service of a protection order, or a petition for a     
   protection order, to protect a victim of domestic violence, stalking, or
   sexual assault, that the victim bear the costs associated with the      
   filing of criminal charges against the offender, or the costs associated
   with the filing, issuance, registration, or service of a warrant,       
   protection order, petition for a protection order, or witness subpoena, 
   whether issued inside or outside the State, tribal, or local            
   jurisdiction.''; and                                                    
     (B) by adding at the end the following:                               

     ``(d) Definition.--In this section, the term `protection order' has  
  the meaning given the term in section 2266 of title 18, United States   
  Code.''.                                                                
       (3) Application for grants to encourage arrest policies.--Section   
   2102(a)(1)(B) of part U of title I of the Omnibus Crime Control and Safe
   Streets Act of 1968 (42 U.S.C. 3796hh 1(a)(1)(B)) is amended by         
   inserting before the semicolon the following: ``or, in the case of the  
   condition set forth in subsection 2101(c)(4), the expiration of the     
   2-year period beginning on the date of enactment of the Violence Against
   Women Act of 2000''.                                                    
       (4) Registration for protection orders.--Section 2265 of title 18,  
   United States Code, is amended by adding at the end the following:      
    ``(d)  Notification and Registration.--                               

       ``(1) Notification.--A State or Indian tribe according full faith   
   and credit to an order by a court of another State or Indian tribe shall
   not notify or require notification of the party against whom a          
   protection order has been issued that the protection order has been     
   registered or filed in that enforcing State or tribal jurisdiction      
   unless requested to do so by the party protected under such order.      
       ``(2) No prior registration or filing as prerequisite for           
   enforcement.--Any protection order that is otherwise consistent with    
   this section shall be accorded full faith and credit, notwithstanding   
   failure to comply with any requirement that the order be registered or  
   filed in the enforcing State or tribal jurisdiction.                    

     ``(e) Tribal Court Jurisdiction.--For purposes of this section, a    
  tribal court shall have full civil jurisdiction to enforce protection   
  orders, including authority to enforce any orders through civil contempt
  proceedings, exclusion of violators from Indian lands, and other        
  appropriate mechanisms, in matters arising within the authority of the  
  tribe.''.                                                               
     (c) Technical Amendment.--The table of contents for title I of the   
  Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et   
  seq.) is amended in the item relating to part U, by adding `` and       
  Enforcement of Protection Orders'' at the end.                          
          SEC. 1102. ROLE OF COURTS.                                              

     (a) Courts as Eligible STOP Subgrantees.--Part T of title I of the   
  Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
  seq.) is amended--                                                      
     (1) in section 2001--                                                 

       (A) in subsection (a), by striking ``Indian tribal governments,''   
   and inserting ``State and local courts (including juvenile courts),     
   Indian tribal governments, tribal courts,''; and                        
     (B) in subsection (b)--                                               

       (i) in paragraph (1), by inserting ``, judges, other court          
   personnel,'' after ``law enforcement officers'';                        
       (ii) in paragraph (2), by inserting ``, judges, other court         
   personnel,'' after ``law enforcement officers''; and                    
       (iii) in paragraph (3), by inserting ``, court,'' after ``police''; 
   and                                                                     
     (2) in section 2002--                                                 

       (A) in subsection (a), by inserting ``State and local courts        
   (including juvenile courts),'' after ``States,'' the second place it    
   appears;                                                                
       (B) in subsection (c), by striking paragraph (3) and inserting the  
   following:                                                              
     ``(3) of the amount granted--                                         

       ``(A) not less than 25 percent shall be allocated to police and not 
   less than 25 percent shall be allocated to prosecutors;                 
       ``(B) not less than 30 percent shall be allocated to victim         
   services; and                                                           
       ``(C) not less than 5 percent shall be allocated for State and local
   courts (including juvenile courts); and''; and                          
       (C) in subsection (d)(1), by inserting ``court,'' after ``law       
   enforcement,''.                                                         
     (b) Eligible Grantees; Use of Grants for Education.--Section 2101 of 
  part U of title I of the Omnibus Crime Control and Safe Streets Act of  
  1968 (42 U.S.C. 3796hh) is amended--                                    
       (1) in subsection (a), by inserting ``State and local courts        
   (including juvenile courts), tribal courts,'' after ``Indian tribal     
   governments,'';                                                         
     (2) in subsection (b)--                                               

       (A) by inserting ``State and local courts (including juvenile       
   courts),'' after ``Indian tribal governments'';                         
       (B) in paragraph (2), by striking ``policies and'' and inserting    
   ``policies, educational programs, and'';                                
       (C) in paragraph (3), by inserting ``parole and probation           
   officers,'' after ``prosecutors,''; and                                 
       (D) in paragraph (4), by inserting ``parole and probation           
   officers,'' after ``prosecutors,'';                                     
       (3) in subsection (c), by inserting ``State and local courts        
   (including juvenile courts),'' after ``Indian tribal governments''; and 
     (4) by adding at the end the following:                               

     ``(e) Allotment for Indian Tribes.--Not less than 5 percent of the   
  total amount made available for grants under this section for each      
  fiscal year shall be available for grants to Indian tribal              
  governments.''.                                                         
          SEC. 1103. REAUTHORIZATION OF STOP GRANTS.                              

     (a) Reauthorization.--Section 1001(a) of title I of the Omnibus Crime
  Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by  
  striking paragraph (18) and inserting the following:                    
     ``(18) There is authorized to be appropriated to carry out part T    
  $185,000,000 for each of fiscal years 2001 through 2005.''.             
     (b) Grant Purposes.--Part T of title I of the Omnibus Crime Control  
  and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended--    
     (1) in section 2001--                                                 

     (A) in subsection (b)--                                               

       (i) in paragraph (5), by striking ``racial, cultural, ethnic, and   
   language minorities'' and inserting ``underserved populations'';        
     (ii) in paragraph (6), by striking ``and'' at the end;                

       (iii) in paragraph (7), by striking the period at the end and       
   inserting a semicolon; and                                              
     (iv) by adding at the end the following:                              

       ``(8) supporting formal and informal statewide, multidisciplinary   
   efforts, to the extent not supported by State funds, to coordinate the  
   response of State law enforcement agencies, prosecutors, courts, victim 
   services agencies, and other State agencies and departments, to violent 
   crimes against women, including the crimes of sexual assault, domestic  
   violence, and dating violence;                                          
       ``(9) training of sexual assault forensic medical personnel         
   examiners in the collection and preservation of evidence, analysis,     
   prevention, and providing expert testimony and treatment of trauma      
   related to sexual assault;''; and                                       
     (B) by adding at the end the following:                               

    ``(c)  State Coalition Grants.--                                      

       ``(1) Purpose.--The Attorney General shall award grants to each     
   State domestic violence coalition and sexual assault coalition for the  
   purposes of coordinating State victim services activities, and          
   collaborating and coordinating with Federal, State, and local entities  
   engaged in violence against women activities.                           
       ``(2) Grants to state coalitions.--The Attorney General shall award 
   grants to--                                                             
       ``(A) each State domestic violence coalition, as determined by the  
   Secretary of Health and Human Services through the Family Violence      

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

       ``(B) each State sexual assault coalition, as determined by the     
   Center for Injury Prevention and Control of the Centers for Disease     
   Control and Prevention under the Public Health Service Act (42 U.S.C.   
   280b et seq.).                                                          
       ``(3) Eligibility for other grants.--Receipt of an award under this 
   subsection by each State domestic violence and sexual assault coalition 
   shall not preclude the coalition from receiving additional grants under 
   this part to carry out the purposes described in subsection (b).'';     
     (2) in section 2002(b)--                                              

       (A) by redesignating paragraphs (2) and (3) as paragraphs (5) and   
   (6), respectively;                                                      
       (B) in paragraph (1), by striking ``4 percent'' and inserting ``5   
   percent'';                                                              
       (C) in paragraph (5), as redesignated, by striking ``$500,000'' and 
   inserting ``$600,000''; and                                             
     (D) by inserting after paragraph (1) the following:                   

       ``(2) 2.5 percent shall be available for grants for State domestic  
   violence coalitions under section 2001(c), with the coalition for each  
   State, the coalition for the District of Columbia, the coalition for the
   Commonwealth of Puerto Rico, and the coalition for the combined         
   Territories of the United States, each receiving an amount equal to     
   \1/54\ of the total amount made available under this paragraph for each 
   fiscal year;                                                            
       ``(3) 2.5 percent shall be available for grants for State sexual    
   assault coalitions under section 2001(c), with the coalition for each   
   State, the coalition for the District of Columbia, the coalition for the
   Commonwealth of Puerto Rico, and the coalition for the combined         
   Territories of the United States, each receiving an amount equal to     
   \1/54\ of the total amount made available under this paragraph for each 
   fiscal year;                                                            
       ``(4) \1/54\ shall be available for the development and operation of
   nonprofit tribal domestic violence and sexual assault coalitions in     
   Indian country;'';                                                      
       (3) in section 2003, by striking paragraph (7) and inserting the    
   following:                                                              
       ``(7) the term `underserved populations' includes populations       
   underserved because of geographic location (such as rural isolation),   
   underserved racial and ethnic populations, populations underserved      
   because of special needs (such as language barriers, disabilities,      
   alienage status, or age), and any other population determined to be     
   underserved by the State planning process in consultation with the      
   Attorney General;'' and                                                 
       (4) in section 2004(b)(3), by inserting ``, and the membership of   
   persons served in any underserved population'' before the semicolon.    
          SEC. 1104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST POLICIES.      

     Section 1001(a) of title I of the Omnibus Crime Control and Safe     
  Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph
  (19) and inserting the following:                                       
     ``(19) There is authorized to be appropriated to carry out part U    
  $65,000,000 for each of fiscal years 2001 through 2005.''.              
                    SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND     
          CHILD ABUSE ENFORCEMENT GRANTS.                                         
     Section 40295(c) of the Violence Against Women Act of 1994 (42 U.S.C.
  13971(c)) is amended--                                                  
     (1) by striking paragraph (1) and inserting the following:            

       ``(1) In general.--There is authorized to be appropriated to carry  
   out this section $40,000,000 for each of fiscal years 2001 through      
   2005.''; and                                                            
     (2) by adding at the end the following:                               

       ``(3) Allotment for indian tribes.--Not less than 5 percent of the  
   total amount made available to carry out this section for each fiscal   
   year shall be available for grants to Indian tribal governments.''.     
          SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.            

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

     ``There is authorized to be appropriated to carry out this subtitle  
  $3,000,000 for each of fiscal years 2001 through 2005.''.               
     (b) Technical Amendment.--Section 40602(a) of the Violence Against   
  Women Act of 1994 (42 U.S.C. 14031 note) is amended by inserting ``and  
  implement'' after ``improve''.                                          
          SEC. 1107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES.       

     (a) Interstate Domestic Violence.--Section 2261 of title 18, United  
  States Code, is amended by striking subsection (a) and inserting the    
  following:                                                              
    ``(a)  Offenses.--                                                    

       ``(1) Travel or conduct of offender.--A person who travels in       
   interstate or foreign commerce or enters or leaves Indian country with  
   the intent to kill, injure, harass, or intimidate a spouse or intimate  
   partner, and who, in the course of or as a result of such travel,       
   commits or attempts to commit a crime of violence against that spouse or
   intimate partner, shall be punished as provided in subsection (b).      
       ``(2) Causing travel of victim.--A person who causes a spouse or    
   intimate partner to travel in interstate or foreign commerce or to enter
   or leave Indian country by force, coercion, duress, or fraud, and who,  
   in the course of, as a result of, or to facilitate such conduct or      
   travel, commits or attempts to commit a crime of violence against that  
   spouse or intimate partner, shall be punished as provided in subsection 
   (b).''.                                                                 
    (b)  Interstate Stalking.--                                           


       (1) In general.--Section 2261A of title 18, United States Code, is  
   amended to read as follows:                                             
          ``2261A. Interstate stalking                                            

    ``Whoever--                                                           

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

       ``(A) to kill or injure a person in another State or tribal         
   jurisdiction or within the special maritime and territorial jurisdiction
   of the United States; or                                                
       ``(B) to place a person in another State or tribal jurisdiction, or 
   within the special maritime and territorial jurisdiction of the United  
   States, in reasonable fear of the death of, or serious bodily injury    
   to--                                                                    
     ``(i) that person;                                                    

       ``(ii) a member of the immediate family (as defined in section 115) 
   of that person; or                                                      
     ``(iii) a spouse or intimate partner of that person;                  

      uses the mail or any facility of interstate or foreign commerce to   
   engage in a course of conduct that places that person in reasonable fear
   of the death of, or serious bodily injury to, any of the persons        
   described in clauses (i) through (iii);                                 
  shall be punished as provided in section 2261(b).''.                    

     (2)  Amendment of federal sentencing guidelines.--                    

       (A) In general.--Pursuant to its authority under section 994 of     
   title 28, United States Code, the United States Sentencing Commission   
   shall amend the Federal Sentencing Guidelines to reflect the amendment  
   made by this subsection.                                                
(B) Factors for consideration.--In carrying out subparagraph (A),   
   the Commission shall consider--                                         
       (i) whether the Federal Sentencing Guidelines relating to stalking  
   offenses should be modified in light of the amendment made by this      
   subsection; and                                                         
       (ii) whether any changes the Commission may make to the Federal     
   Sentencing Guidelines pursuant to clause (i) should also be made with   
   respect to offenses under chapter 110A of title 18, United States Code. 
     (c) Interstate Violation of Protection Order.--Section 2262 of title 
  18, United States Code, is amended by striking subsection (a) and       
  inserting the following:                                                
    ``(a)  Offenses.--                                                    

       ``(1) Travel or conduct of offender.--A person who travels in       
   interstate or foreign commerce, or enters or leaves Indian country, with
   the intent to engage in conduct that violates the portion of a          
   protection order that prohibits or provides protection against violence,
   threats, or harassment against, contact or communication with, or       
   physical proximity to, another person, or that would violate such a     
   portion of a protection order in the jurisdiction in which the order was
   issued, and subsequently engages in such conduct, shall be punished as  
   provided in subsection (b).                                             
       ``(2) Causing travel of victim.--A person who causes another person 
   to travel in interstate or foreign commerce or to enter or leave Indian 
   country by force, coercion, duress, or fraud, and in the course of, as a
   result of, or to facilitate such conduct or travel engages in conduct   
   that violates the portion of a protection order that prohibits or       
   provides protection against violence, threats, or harassment against,   
   contact or communication with, or physical proximity to, another person,
   or that would violate such a portion of a protection order in the       
   jurisdiction in which the order was issued, shall be punished as        
   provided in subsection (b).''.                                          
     (d) Definitions.--Section 2266 of title 18, United States Code, is   
  amended to read as follows:                                             
          ``2266. Definitions                                                     

    ``In this chapter:                                                    

       ``(1) Bodily injury.--The term `bodily injury' means any act, except
   one done in self-defense, that results in physical injury or sexual     
   abuse.                                                                  
       ``(2) Course of conduct.--The term `course of conduct' means a      
   pattern of conduct composed of 2 or more acts, evidencing a continuity  
   of purpose.                                                             
       ``(3) Enter or leave indian country.--The term `enter or leave      
   Indian country' includes leaving the jurisdiction of 1 tribal government
   and entering the jurisdiction of another tribal government.             
       ``(4) Indian country.--The term `Indian country' has the meaning    
   stated in section 1151 of this title.                                   
       ``(5) Protection order.--The term `protection order' includes any   
   injunction or other order issued for the purpose of preventing violent  
   or threatening acts or harassment against, or contact or communication  
   with or physical proximity to, another person, including any temporary  
   or final order issued by a civil and criminal court (other than a       
   support or child custody order issued pursuant to State divorce and     
   child custody laws, except to the extent that such an order is entitled 
   to full faith and credit under other Federal law) whether obtained by   
   filing an independent action or as a pendente lite order in another     
   proceeding so long as any civil order was issued in response to a       
   complaint, petition, or motion filed by or on behalf of a person seeking
   protection.                                                             
       ``(6) Serious bodily injury.--The term `serious bodily injury' has  
   the meaning stated in section 2119(2).                                  
       ``(7) Spouse or intimate partner.--The term `spouse or intimate     
   partner' includes--                                                     

     ``(A) for purposes of--                                               

       ``(i) sections other than 2261A, a spouse or former spouse of the   
   abuser, a person who shares a child in common with the abuser, and a    
   person who cohabits or has cohabited as a spouse with the abuser; and   
       ``(ii) section 2261A, a spouse or former spouse of the target of the
   stalking, a person who shares a child in common with the target of the  
   stalking, and a person who cohabits or has cohabited as a spouse with   
   the target of the stalking; and                                         
       ``(B) any other person similarly situated to a spouse who is        
   protected by the domestic or family violence laws of the State or tribal
   jurisdiction in which the injury occurred or where the victim resides.  
       ``(8) State.--The term `State' includes a State of the United       
   States, the District of Columbia, and a commonwealth, territory, or     
   possession of the United States.                                        
       ``(9) Travel in interstate or foreign commerce.--The term `travel in
   interstate or foreign commerce' does not include travel from 1 State to 
   another by an individual who is a member of an Indian tribe and who     
   remains at all times in the territory of the Indian tribe of which the  
   individual is a member.''.                                              
          SEC. 1108. SCHOOL AND CAMPUS SECURITY.                                  

     (a) Grants To Reduce Violent Crimes Against Women on Campus.--Section
  826 of the Higher Education Amendments of 1998 (20 U.S.C. 1152) is      
  amended--                                                               
       (1) in paragraphs (2), (6), (7), and (9) of subsection (b), by      
   striking ``and domestic violence'' and inserting ``domestic violence,   
   and dating violence'';                                                  
       (2) in subsection (c)(2)(B), by striking ``and domestic violence''  
   and inserting ``, domestic violence and dating violence'';              
     (3) in subsection (f)--                                               

       (A) by redesignating paragraphs (1), (2), and (3) as paragraphs (2),
   (3), and (4), respectively;                                             
       (B) by inserting before paragraph (2) (as redesignated by           
   subparagraph (A)) the following:                                        
       ``(1) the term `dating violence' means violence committed by a      
   person--                                                                
       ``(A) who is or has been in a social relationship of a romantic or  
   intimate nature with the victim; and                                    
       ``(B) where the existence of such a relationship shall be determined
   based on a consideration of the following factors:                      
     ``(i) the length of the relationship;                                 

     ``(ii) the type of relationship; and                                  

       ``(iii) the frequency of interaction between the persons involved in
   the relationship.'';                                                    
       (C) in paragraph (2) (as redesignated by subparagraph (A)), by      
   inserting ``, dating'' after ``domestic'' each place the term appears;  
   and                                                                     
     (D) in paragraph (4) (as redesignated by subparagraph (A))--          

       (i) by inserting ``or a public, nonprofit organization acting in a  
   nongovernmental capacity'' after ``organization'';                      
       (ii) by inserting ``, dating violence'' after ``assists domestic    
   violence'';                                                             
       (iii) by striking ``or domestic violence'' and inserting ``,        
   domestic violence or dating violence''; and                             
     (iv) by inserting ``dating violence,'' before ``stalking,''; and      

       (4) in subsection (g), by striking ``fiscal year 1999 and such sums 
   as may be necessary for each of the 4 succeeding fiscal years'' and     
   inserting ``each of fiscal years 2001 through 2005''.                   
     (b) Matching Grant Program for School Security.--Title I of the      
  Omnibus Crime Control and Safe Streets Act of 1968 is amended by        
  inserting after part Z the following new part:                          
           ``PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY                  

          ``SEC. 2701. PROGRAM AUTHORIZED.                                        

     ``(a) In General.--The Attorney General is authorized to make grants 
  to States, units of local government, and Indian tribes to provide      
  improved security, including the placement and use of metal detectors   
  and other deterrent measures, at schools and on school grounds.         
     ``(b) Uses of Funds.--Grants awarded under this section shall be     
  distributed directly to the State, unit of local government, or Indian  
  tribe, and shall be used to improve security at schools and on school   
  grounds in the jurisdiction of the grantee through one or more of the   
  following:                                                              
       ``(1) Placement and use of metal detectors, locks, lighting, and    
   other deterrent measures.                                               
     ``(2) Security assessments.                                           

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

     ``(4) Coordination with local law enforcement.                        

       ``(5) Any other measure that, in the determination of the Attorney  
   General, may provide a significant improvement in security.             
     ``(c) Preferential Consideration.--In awarding grants under this     
  part, the Attorney General shall give preferential consideration, if    
  feasible, to an application from a jurisdiction that has a demonstrated 
  need for improved security, has a demonstrated need for financial       
  assistance, and has evidenced the ability to make the improvements for  
  which the grant amounts are sought.                                     
    ``(d)  Matching Funds.--                                              

       ``(1) The portion of the costs of a program provided by a grant     
   under subsection (a) may not exceed 50 percent.                         
       ``(2) Any funds appropriated by Congress for the activities of any  
   agency of an Indian tribal government or the Bureau of Indian Affairs   
   performing law enforcement functions on any Indian lands may be used to 
   provide the non-Federal share of a matching requirement funded under    
   this subsection.                                                        
       ``(3) The Attorney General may provide, in the guidelines           
   implementing this section, for the requirement of paragraph (1) to be   
   waived or altered in the case of a recipient with a financial need for  
   such a waiver or alteration.                                            

     ``(e) Equitable Distribution.--In awarding grants under this part,   
  the Attorney General shall ensure, to the extent practicable, an        
  equitable geographic distribution among the regions of the United States
  and among urban, suburban, and rural areas.                             
     ``(f) Administrative Costs.--The Attorney General may reserve not    
  more than 2 percent from amounts appropriated to carry out this part for
  administrative costs.                                                   
          ``SEC. 2702.  APPLICATIONS.                                             

     ``(a) In General.--To request a grant under this part, the chief     
  executive of a State, unit of local government, or Indian tribe shall   
  submit an application to the Attorney General at such time, in such     
  manner, and accompanied by such information as the Attorney General may 
  require. Each application shall--                                       
     ``(1) include a detailed explanation of--                             

     ``(A) the intended uses of funds provided under the grant; and        

       ``(B) how the activities funded under the grant will meet the       
   purpose of this part; and                                               
       ``(2) be accompanied by an assurance that the application was       
   prepared after consultation with individuals not limited to law         
   enforcement officers (such as school violence researchers, child        
   psychologists, social workers, teachers, principals, and other school   
   personnel) to ensure that the improvements to be funded under the grant 
   are--                                                                   
       ``(A) consistent with a comprehensive approach to preventing school 
   violence; and                                                           
       ``(B) individualized to the needs of each school at which those     
   improvements are to be made.                                            
     ``(b) Guidelines.--Not later than 90 days after the date of the      
  enactment of this part, the Attorney General shall promulgate guidelines
  to implement this section (including the information that must be       
  included and the requirements that the States, units of local           
  government, and Indian tribes must meet) in submitting the applications 
  required under this section.                                            
          ``SEC. 2703. ANNUAL REPORT TO CONGRESS.                                 

     ``Not later than November 30th of each year, the Attorney General    
  shall submit a report to the Congress regarding the activities carried  
  out under this part. Each such report shall include, for the preceding  
  fiscal year, the number of grants funded under this part, the amount of 
  funds provided under those grants, and the activities for which those   
  funds were used.                                                        
          ``SEC. 2704. DEFINITIONS.                                               

    ``For purposes of this part--                                         

     ``(1) the term `school' means a public elementary or secondary school;

       ``(2) the term `unit of local government' means a county,           
   municipality, town, township, village, parish, borough, or other unit of
   general government below the State level; and                           
       ``(3) the term `Indian tribe' has the same meaning as in section    
   4(e) of the Indian Self-Determination and Education Assistance Act (25  
   U.S.C. 450b(e)).                                                        
          ``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.                           

     ``There are authorized to be appropriated to carry out this part     
  $30,000,000 for each of fiscal years 2001 through 2003.''.              
          SEC. 1109. DATING VIOLENCE.                                             

    (a)  Definitions.--                                                   

       (1) Section 2003.--Section 2003 of title I of the Omnibus Crime     
   Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg 2) is amended--  
       (A) in paragraph (8), by striking the period at the end and         
   inserting ``; and''; and                                                
     (B) by adding at the end the following:                               

       ``(9) the term `dating violence' means violence committed by a      
   person--                                                                
       ``(A) who is or has been in a social relationship of a romantic or  
   intimate nature with the victim; and                                    
       ``(B) where the existence of such a relationship shall be determined
   based on a consideration of the following factors:                      
     ``(i) the length of the relationship;                                 

     ``(ii) the type of relationship; and                                  

       ``(iii) the frequency of interaction between the persons involved in
   the relationship.''.                                                    
       (2) Section 2105.--Section 2105 of title I of the Omnibus Crime     
   Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh 4) is amended--  
     (A) in paragraph (1), by striking ``and'' at the end;                 

       (B) in paragraph (2), by striking the period at the end and         
   inserting ``; and''; and                                                
     (C) by adding at the end the following:                               

       ``(3) the term `dating violence' means violence committed by a      
   person--                                                                
       ``(A) who is or has been in a social relationship of a romantic or  
   intimate nature with the victim; and                                    
       ``(B) where the existence of such a relationship shall be determined
   based on a consideration of the following factors:                      
     ``(i) the length of the relationship;                                 

     ``(ii) the type of relationship; and                                  

       ``(iii) the frequency of interaction between the persons involved in
   the relationship.''.                                                    
     (b) STOP Grants.--Section 2001(b) of title I of the Omnibus Crime    
  Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended-- 
       (1) in paragraph (1), by striking ``sexual assault and domestic     
   violence'' and inserting ``sexual assault, domestic violence, and dating
   violence''; and                                                         
       (2) in paragraph (5), by striking ``sexual assault and domestic     
   violence'' and inserting ``sexual assault, domestic violence, and dating
   violence''.                                                             
     (c) Grants To Encourage Arrest Policies.--Section 2101(b) of title I 
  of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.    
  3796hh(b)) is amended--                                                 
       (1) in paragraph (2), by inserting ``and dating violence'' after    
   ``domestic violence''; and                                              
       (2) in paragraph (5), by inserting ``and dating violence'' after    
   ``domestic violence''.                                                  

     (d) Rural Domestic Violence and Child Abuse Enforcement.--Section    
  40295(a) of the Safe Homes for Women Act of 1994 (42 U.S.C. 13971(a)) is
  amended--                                                               
       (1) in paragraph (1), by inserting ``and dating violence (as defined
   in section 2003 of title I of the Omnibus Crime Control and Safe Streets
   Act of 1968 (42 U.S.C. 3996gg 2))'' after ``domestic violence''; and    
       (2) in paragraph (2), by inserting ``and dating violence (as defined
   in section 2003 of title I of the Omnibus Crime Control and Safe Streets
   Act of 1968 (42 U.S.C. 3996gg 2))'' after ``domestic violence''.        
           TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE                 

          SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS.                                

     (a) In General.--The purpose of this section is to enable the        
  Attorney General to award grants to increase the availability of legal  
  assistance necessary to provide effective aid to victims of domestic    
  violence, stalking, or sexual assault who are seeking relief in legal   
  matters arising as a consequence of that abuse or violence, at minimal  
  or no cost to the victims.                                              
    (b)  Definitions.--In this section:                                   

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

       (1) In general.--There is authorized to be appropriated to carry out
   this section $40,000,000 for each of fiscal years 2001 through 2005.    
     (2)  Allocation of funds.--                                           


       (A) Tribal programs.--Of the amount made available under this       
   subsection in each fiscal year, not less than 5 percent shall be used   
   for grants for programs that assist victims of domestic violence,       
   stalking, and sexual assault on lands within the jurisdiction of an     
   Indian tribe.                                                           
       (B) Victims of sexual assault.--Of the amount made available under  
   this subsection in each fiscal year, not less than 25 percent shall be  
   used for direct services, training, and technical assistance to support 
   projects focused solely or primarily on providing legal assistance to   
   victims of sexual assault.                                              
       (3) Nonsupplantation.--Amounts made available under this section    
   shall be used to supplement and not supplant other Federal, State, and  
   local funds expended to further the purpose of this section.            
          SEC. 1202. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.            

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

     ``(e) In subsection (a)(2), the term ``State'' does not include any  
  jurisdiction specified in subsection (a)(1).''.                         
                    SEC. 1203. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF     
          DOMESTIC VIOLENCE.                                                      
     Title III of the Family Violence Prevention and Services Act (42     
  U.S.C. 10401 et seq.) is amended by adding at the end the following:    
          ``SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.                            

     ``(a) In General.--The Secretary shall award grants under this       
  section to carry out programs to provide assistance to individuals, and 
  their dependents--                                                      
       ``(1) who are homeless or in need of transitional housing or other  
   housing assistance, as a result of fleeing a situation of domestic      
   violence; and                                                           
       ``(2) for whom emergency shelter services are unavailable or        
   insufficient.                                                           
     ``(b) Assistance Described.--Assistance provided under this section  
  may include--                                                           
       ``(1) short-term housing assistance, including rental or utilities  
   payments assistance and assistance with related expenses, such as       
   payment of security deposits and other costs incidental to relocation to
   transitional housing, in cases in which assistance described in this    
   paragraph is necessary to prevent homelessness because an individual or 
   dependent is fleeing a situation of domestic violence; and              
       ``(2) support services designed to enable an individual or dependent
   who is fleeing a situation of domestic violence to locate and secure    
   permanent housing, and to integrate the individual or dependent into a  
   community, such as transportation, counseling, child care services, case
   management, employment counseling, and other assistance.                
    ``(c)  Term of Assistance.--                                          

       ``(1) In general.--Subject to paragraph (2), an individual or       
   dependent assisted under this section may not receive assistance under  
   this section for a total of more than 12 months.                        
       ``(2) Waiver.--The recipient of a grant under this section may waive
   the restrictions of paragraph (1) for up to an additional 6-month period
   with respect to any individual (and dependents of the individual) who   
   has made a good-faith effort to acquire permanent housing and has been  
   unable to acquire the housing.                                          
    ``(d)  Reports.--                                                     

     ``(1)  Report to secretary.--                                         

       ``(A) In general.--An entity that receives a grant under this       
   section shall annually prepare and submit to the Secretary a report     
   describing the number of individuals and dependents assisted, and the   
   types of housing assistance                                             

          and support services provided, under this section.                      

     ``(B)  Contents.--Each report shall include information on--          

       ``(i) the purpose and amount of housing assistance provided to each 
   individual or dependent assisted under this section;                    
       ``(ii) the number of months each individual or dependent received   
   the assistance;                                                         
       ``(iii) the number of individuals and dependents who were eligible  
   to receive the assistance, and to whom the entity could not provide the 
   assistance solely due to a lack of available housing; and               
       ``(iv) the type of support services provided to each individual or  
   dependent assisted under this section.                                  
       ``(2) Report to congress.--The Secretary shall annually prepare and 
   submit to the Committee on the Judiciary of the House of Representatives
   and the Committee on the Judiciary of the Senate a report that contains 
   a compilation of the information contained in reports submitted under   
   paragraph (1).                                                          
     ``(e) Evaluation, Monitoring, and Administration.--Of the amount     
  appropriated under subsection (f) for each fiscal year, not more than 1 
  percent shall be used by the Secretary for evaluation, monitoring, and  
  administrative costs under this section.                                
     ``(f) Authorization of Appropriations.--There are authorized to be   
  appropriated to carry out this section $25,000,000 for fiscal year      
  2001.''.                                                                
          SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.                          

     Section 316(f) of the Family Violence Prevention and Services Act (42
  U.S.C. 10416(f)) is amended by striking paragraph (1) and inserting the 
  following:                                                              
       ``(1) In general.--There are authorized to be appropriated to carry 
   out this section $2,000,000 for each of fiscal years 2001 through       
   2005.''.                                                                
          SEC. 1205. FEDERAL VICTIMS COUNSELORS.                                  

     Section 40114 of the Violent Crime Control and Law Enforcement Act of
  1994 (Public Law 103 322; 108 Stat. 1910) is amended by striking ``(such
  as District of Columbia)--'' and all that follows and inserting ``(such 
  as District of Columbia), $1,000,000 for each of fiscal years 2001      
  through 2005.''.                                                        
                    SEC. 1206. STUDY OF STATE LAWS REGARDING INSURANCE            
          DISCRIMINATION AGAINST VICTIMS OF VIOLENCE AGAINST WOMEN.               
     (a) In General.--The Attorney General shall conduct a national study 
  to identify State laws that address discrimination against victims of   
  domestic violence and sexual assault related to issuance or             
  administration of insurance policies.                                   
     (b) Report.--Not later than 1 year after the date of enactment of    
  this Act, the Attorney General shall submit to Congress a report on the 
  findings and recommendations of the study required by subsection (a).   
          SEC. 1207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST WOMEN.      

    The Attorney General shall--                                          

       (1) conduct a national survey of plans, programs, and practices     
   developed to assist employers and employees on appropriate responses in 
   the workplace related to victims of domestic violence, stalking, or     
   sexual assault; and                                                     
       (2) not later than 18 months after the date of enactment of this    
   Act, submit to Congress a report describing the results of that survey, 
   which report shall include the recommendations of the Attorney General  
   to assist employers and employees affected in the workplace by incidents
   of domestic violence, stalking, and sexual assault.                     
                    SEC. 1208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS OF  
          VIOLENCE AGAINST WOMEN.                                                 
     The Secretary of Labor, in consultation with the Attorney General,   
  shall--                                                                 
       (1) conduct a national study to identify State laws that address the
   separation from employment of an employee due to circumstances directly 
   resulting from the experience of domestic violence by the employee and  
   circumstances governing that receipt (or nonreceipt) by the employee of 
   unemployment compensation based on such separation; and                 
       (2) not later than 1 year after the date of enactment of this Act,  
   submit to Congress a report describing the results of that study,       
   together with any recommendations based on that study.                  
                    SEC. 1209. ENHANCING PROTECTIONS FOR OLDER AND DISABLED WOMEN 
          FROM DOMESTIC VIOLENCE AND SEXUAL ASSAULT.                              
     (a) Elder Abuse, Neglect, and Exploitation.--The Violence Against    
  Women Act of 1994 (108 Stat. 1902 et seq.) is amended by adding at the  
  end the following:                                                      

                      ``Subtitle H--Elder Abuse, Neglect, and Exploitation,        
           Including Domestic Violence and Sexual Assault Against Older or Disabled
           Individuals                                                             
          ``SEC. 40801. DEFINITIONS.                                              

    ``In this subtitle:                                                   

       ``(1) In general.--The terms `elder abuse, neglect, and             
   exploitation', and `older individual' have the meanings given the terms 
   in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002).     
       ``(2) Domestic violence.--The term `domestic violence' has the      
   meaning given such term by section 2003 of title I of the Omnibus Crime 
   Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg 2).              
       ``(3) Sexual assault.--The term `sexual assault' has the meaning    
   given the term in section 2003 of title I of the Omnibus Crime Control  
   and Safe Streets Act of 1968 (42 U.S.C. 3796gg 2).                      
          ``SEC. 40802. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS.           

     ``The Attorney General may make grants for training programs to      
  assist law enforcement officers, prosecutors, and relevant officers of  
  Federal, State, tribal, and local courts in recognizing, addressing,    
  investigating, and prosecuting instances of elder abuse, neglect, and   
  exploitation and violence against individuals with disabilities,        
  including domestic violence and sexual assault, against older or        
  disabled individuals.                                                   
          ``SEC. 40803. AUTHORIZATION OF APPROPRIATIONS.                          

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

           TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN                 

          SEC. 1301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM.                      

     (a) In General.--The Attorney General may award grants to States,    
  units of local government, and Indian tribal governments that propose to
  enter into or expand the scope of existing contracts and cooperative    
  agreements with public or private nonprofit entities to provide         
  supervised visitation and safe visitation exchange of children by and   
  between parents in situations involving domestic violence, child abuse, 
  sexual assault, or stalking.                                            
     (b) Considerations.--In awarding grants under subsection (a), the    
  Attorney General shall take into account--                              
       (1) the number of families to be served by the proposed visitation  
   programs and services;                                                  
       (2) the extent to which the proposed supervised visitation programs 
   and services serve underserved populations (as defined in section 2003  
   of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
   U.S.C. 3796gg 2));                                                      
       (3) with respect to an applicant for a contract or cooperative      
   agreement, the extent to which the applicant demonstrates cooperation   
   and collaboration with nonprofit, nongovernmental entities in the local 
   community served, including the State or tribal domestic violence       
   coalition, State or tribal sexual assault coalition, local shelters, and
   programs for domestic violence and sexual assault victims; and          
       (4) the extent to which the applicant demonstrates coordination and 
   collaboration with State and local court systems, including mechanisms  
   for communication and referral.                                         
     (c) Applicant Requirements.--The Attorney General shall award grants 
  for contracts and cooperative agreements to applicants that--           

       (1) demonstrate expertise in the area of family violence, including 
   the areas of domestic violence or sexual assault, as appropriate;       
       (2) ensure that any fees charged to individuals for use of programs 
   and services are based on the income of those individuals, unless       
   otherwise provided by court order;                                      
       (3) demonstrate that adequate security measures, including adequate 
   facilities, procedures, and personnel capable of preventing violence,   
   are in place for the operation of supervised visitation programs and    
   services or safe visitation exchange; and                               
       (4) prescribe standards by which the supervised visitation or safe  
   visitation exchange will occur.                                         
    (d)  Reporting.--                                                     

       (1) In general.--Not later than 1 year after the last day of the    
   first fiscal year commencing on or after the date of enactment of this  
   Act, and not later than 180 days after the last day of each fiscal year 
   thereafter, the Attorney General shall submit to Congress a report that 
   includes information concerning--                                       
     (A) the number of--                                                   

       (i) individuals served and the number of individuals turned away    
   from visitation programs and services and safe visitation exchange      
   (categorized by State);                                                 
       (ii) the number of individuals from underserved populations served  
   and turned away from services; and                                      
       (iii) the type of problems that underlie the need for supervised    
   visitation or safe visitation exchange, such as domestic violence, child
   abuse, sexual assault, other physical abuse, or a combination of such   
   factors;                                                                
       (B) the numbers of supervised visitations or safe visitation        
   exchanges ordered under this section during custody determinations under
   a separation or divorce decree or protection order, through child       
   protection services or other social services agencies, or by any other  
   order of a civil, criminal, juvenile, or family court;                  
       (C) the process by which children or abused partners are protected  
   during visitations, temporary custody transfers, and other activities   
   for which supervised visitation is established under this section;      
       (D) safety and security problems occurring during the reporting     
   period during supervised visitation under this section, including the   
   number of parental abduction cases; and                                 
       (E) the number of parental abduction cases in a judicial district   
   using supervised visitation programs and services under this section,   
   both as identified in criminal prosecution and custody violations.      
       (2) Guidelines.--The Attorney General shall establish guidelines for
   the collection and reporting of data under this subsection.             
     (e) Authorization of Appropriations.--There is authorized to be      
  appropriated to carry out this section $15,000,000 for each of fiscal   
  years 2001 and 2002.                                                    
     (f) Allotment for Indian Tribes.--Not less than 5 percent of the     
  total amount made available for each fiscal year to carry out this      
  section shall be available for grants to Indian tribal governments.     
          SEC. 1302. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PROGRAMS.          

     (a) Court-Appointed Special Advocate Program.--Section 218 of the    
  Victims of Child Abuse Act of 1990 (42 U.S.C. 13014) is amended by      
  striking subsection (a) and inserting the following:                    
     ``(a) Authorization.--There is authorized to be appropriated to carry
  out this subtitle $12,000,000 for each of fiscal years 2001 through     
  2005.''.                                                                
     (b) Child Abuse Training Programs for Judicial Personnel and         
  Practitioners.--Section 224 of the Victims of Child Abuse Act of 1990   
  (42 U.S.C. 13024) is amended by striking subsection (a) and inserting   
  the following:                                                          
     ``(a) Authorization.--There is authorized to be appropriated to carry
  out this subtitle $2,300,000 for each of fiscal years 2001 through      
  2005.''.                                                                
     (c) Grants for Televised Testimony.--Section 1001(a) of title I of   
  the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.       
  3793(a)) is amended by striking paragraph (7) and inserting the         
  following:                                                              
     ``(7) There is authorized to be appropriated to carry out part N     
  $1,000,000 for each of fiscal years 2001 through 2005.''.               

    (d)  Dissemination of Information.--The Attorney General shall--      

       (1) annually compile and disseminate information (including through 
   electronic publication) about the use of amounts expended and the       
   projects funded under section 218(a) of the Victims of Child Abuse Act  
   of 1990 (42 U.S.C. 13014(a)), section 224(a) of                         

                    the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024(a)),  
          and section 1007(a)(7) of title I of the Omnibus Crime Control and Safe 
          Streets Act of 1968 (42 U.S.C. 3793(a)(7)), including any evaluations of
          the projects and information to enable replication and adoption of the  
          strategies identified in the projects; and                              
       (2) focus dissemination of the information described in paragraph   
   (1) toward community-based programs, including domestic violence and    
   sexual assault programs.                                                
                    SEC. 1303. REPORT ON EFFECTS OF PARENTAL KIDNAPPING LAWS IN   
          DOMESTIC VIOLENCE CASES.                                                
    (a)  In General.--The Attorney General shall--                        

       (1) conduct a study of Federal and State laws relating to child     
   custody, including custody provisions in protection orders, the Uniform 
   Child Custody Jurisdiction and Enforcement Act adopted by the National  
   Conference of Commissioners on Uniform State Laws in July 1997, the     
   Parental Kidnaping Prevention Act of 1980 and the amendments made by    
   that Act, and the effect of those laws on child custody cases in which  
   domestic violence is a factor; and                                      
       (2) submit to Congress a report describing the results of that      
   study, including the effects of implementing or applying model State    
   laws, and the recommendations of the Attorney General to reduce the     
   incidence or pattern of violence against women or of sexual assault of  
   the child.                                                              
     (b) Sufficiency of Defenses.--In carrying out subsection (a) with    
  respect to the Parental Kidnaping Prevention Act of 1980 and the        
  amendments made by that Act, the Attorney General shall examine the     
  sufficiency of defenses to parental abduction charges available in cases
  involving domestic violence, and the burdens and risks encountered by   
  victims of domestic violence arising from jurisdictional requirements of
  that Act and the amendments made by that Act.                           
     (c) Authorization of Appropriations.--There is authorized to be      
  appropriated to carry out this section $200,000 for fiscal year 2001.   
     (d) Condition for Custody Determination.--Section 1738A(c)(2)(C)(ii) 
  of title 28, United States Code, is amended by striking ``he'' and      
  inserting ``the child, a sibling, or parent of the child''.             
                      TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT     
           VIOLENCE AGAINST WOMEN                                                  
          SEC. 1401. RAPE PREVENTION AND EDUCATION.                               

     (a) In General.--Part J of title III of the Public Health Service Act
  (42 U.S.C. 280b et seq.) is amended by inserting after section 393A the 
  following:                                                              
          ``SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.           

     ``(a) Permitted Use.--The Secretary, acting through the National     
  Center for Injury Prevention and Control at the Centers for Disease     
  Control and Prevention, shall award targeted grants to States to be used
  for rape prevention and education programs conducted by rape crisis     
  centers, State sexual assault coalitions, and other public and private  
  nonprofit entities for--                                                
     ``(1) educational seminars;                                           

     ``(2) the operation of hotlines;                                      

     ``(3) training programs for professionals;                            

     ``(4) the preparation of informational material;                      

       ``(5) education and training programs for students and campus       
   personnel designed to reduce the incidence of sexual assault at colleges
   and universities;                                                       
       ``(6) education to increase awareness about drugs used to facilitate
   rapes or sexual assaults; and                                           
       ``(7) other efforts to increase awareness of the facts about, or to 
   help prevent, sexual assault, including efforts to increase awareness in
   underserved communities and awareness among individuals with            
   disabilities (as defined in section 3 of the Americans with Disabilities
   Act of 1990 (42 U.S.C. 12102)).                                         
     ``(b) Collection and Dissemination of Information on Sexual          
  Assault.--The Secretary shall, through the National Resource Center on  
  Sexual Assault established under the National Center for Injury         
  Prevention and Control at the Centers for Disease Control and           
  Prevention, provide resource information, policy, training, and         
  technical assistance to Federal, State, local, and Indian tribal        
  agencies, as well as to State sexual assault coalitions and local sexual
  assault programs and to other professionals and interested parties on   
  issues relating to sexual assault, including maintenance of a central   
  resource library in order to collect, prepare, analyze, and disseminate 
  information and statistics and analyses thereof relating to the         
  incidence and prevention of sexual assault.                             
    ``(c)  Authorization of Appropriations.--                             

       ``(1) In general.--There is authorized to be appropriated to carry  
   out this section $80,000,000 for each of fiscal years 2001 through 2005.
       ``(2) National resource center allotment.--Of the total amount made 
   available under this subsection in each fiscal year, not more than the  
   greater of $1,000,000 or 2 percent of such amount shall be available for
   allotment under subsection (b).                                         
    ``(d)  Limitations.--                                                 

       ``(1) Supplement not supplant.--Amounts provided to States under    
   this section shall be used to supplement and not supplant other Federal,
   State, and local public funds expended to provide services of the type  
   described in subsection (a).                                            
       ``(2) Studies.--A State may not use more than 2 percent of the      
   amount received by the State under this section for each fiscal year for
   surveillance studies or prevalence studies.                             
       ``(3) Administration.--A State may not use more than 5 percent of   
   the amount received by the State under this section for each fiscal year
   for administrative expenses.''.                                         
     (b) Repeal.--Section 40151 of the Violence Against Women Act of 1994 
  (108 Stat. 1920), and the amendment made by such section, is repealed.  

                    SEC. 1402. EDUCATION AND TRAINING TO END VIOLENCE AGAINST AND 
          ABUSE OF WOMEN WITH DISABILITIES.                                       
     (a) In General.--The Attorney General, in consultation with the      
  Secretary of Health and Human Services, may award grants to States,     
  units of local government, Indian tribal governments, and               
  nongovernmental private entities to provide education and technical     
  assistance for the purpose of providing training, consultation, and     
  information on domestic violence, stalking, and sexual assault against  
  women who are individuals with disabilities (as defined in section 3 of 
  the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).         
     (b) Priorities.--In awarding grants under this section, the Attorney 
  General shall give priority to applications designed to provide         
  education and technical assistance on--                                 
       (1) the nature, definition, and characteristics of domestic         
   violence, stalking, and sexual assault experienced by women who are     
   individuals with disabilities;                                          
       (2) outreach activities to ensure that women who are individuals    
   with disabilities who are victims of domestic violence, stalking, and   
   sexual assault receive appropriate assistance;                          
       (3) the requirements of shelters and victim services organizations  
   under Federal anti-discrimination laws, including the Americans with    
   Disabilities Act of 1990 and section 504 of the Rehabilitation Act of   
   1973; and                                                               
       (4) cost-effective ways that shelters and victim services may       
   accommodate the needs of individuals with disabilities in accordance    
   with the Americans with Disabilities Act of 1990.                       
     (c) Uses of Grants.--Each recipient of a grant under this section    
  shall provide information and training to organizations and programs    
  that provide services to individuals with disabilities, including       
  independent living centers, disability-related service organizations,   
  and domestic violence programs providing shelter or related assistance. 
     (d) Authorization of Appropriations.--There is authorized to be      
  appropriated to carry out this section $7,500,000 for each of fiscal    
  years 2001 through 2005.                                                

          SEC. 1403. COMMUNITY INITIATIVES.                                       

     Section 318 of the Family Violence Prevention and Services Act (42   
  U.S.C. 10418) is amended by striking subsection (h) and inserting the   
  following:                                                              
     ``(h) Authorization of Appropriations.--There are authorized to be   
  appropriated to carry out this section $6,000,000 for each of fiscal    
  years 2001 through 2005.''.                                             
                    SEC. 1404. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE   
          VIOLENCE AGAINST WOMEN ACT OF 1994.                                     
    (a)  In General.--The Attorney General shall--                        

       (1) direct the National Institute of Justice, in consultation and   
   coordination with the Bureau of Justice Statistics and the National     
   Academy of Sciences, through its National Research Council, to develop a
   research agenda based on the recommendations contained in the report    
   entitled ``Understanding Violence Against Women'' of the National       
   Academy of Sciences; and                                                
       (2) not later than 1 year after the date of enactment of this Act,  
   in consultation with the Secretary of the Department of Health and Human
   Services, submit to Congress a report which shall include--             
       (A) a description of the research agenda developed under paragraph  
   (1) and a plan to implement that agenda;                                
       (B) recommendations for priorities in carrying out that agenda to   
   most effectively advance knowledge about and means by which to prevent  
   or reduce violence against women.                                       
     (b) Authorization of Appropriations.--There are authorized to be     
  appropriated such sums as may be necessary to carry out this section.   
                    SEC. 1405. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL       
          ASSAULT FORENSIC EXAMINATIONS.                                          
    (a)  In General.--The Attorney General shall--                        
(1) evaluate existing standards of training and practice for        
   licensed health care professionals performing sexual assault forensic   
   examinations and develop a national recommended standard for training;  
       (2) recommend sexual assault forensic examination training for all  
   health care students to improve the recognition of injuries suggestive  
   of rape and sexual assault and baseline knowledge of appropriate        
   referrals in victim treatment and evidence collection; and              
       (3) review existing national, State, tribal, and local protocols on 
   sexual assault forensic examinations, and based on this review, develop 
   a recommended national protocol and establish a mechanism for its       
   nationwide dissemination.                                               
     (b) Consultation.--The Attorney General shall consult with national, 
  State, tribal, and local experts in the area of rape and sexual assault,
  including rape crisis centers, State and tribal sexual assault and      
  domestic violence coalitions and programs, and programs for criminal    
  justice, forensic nursing, forensic science, emergency room medicine,   
  law, social services, and sex crimes in underserved communities (as     
  defined in section 2003(7) of title I of the Omnibus Crime Control and  
  Safe Streets Act of 1968 (42 U.S.C. 3796gg 2(7)), as amended by this    
  division).                                                              
     (c) Report.--The Attorney General shall ensure that not later than 1 
  year after the date of enactment of this Act, a report of the actions   
  taken pursuant to subsection (a) is submitted to Congress.              
     (d) Authorization of Appropriations.--There is authorized to be      
  appropriated to carry out this section $200,000 for fiscal year 2001.   
          SEC. 1406. EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL.       

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

       (B) by striking the period at the end of paragraph (19) and         
   inserting a semicolon; and                                              
     (C) by inserting after paragraph (19) the following:                  

       ``(20) the issues raised by domestic violence in determining custody
   and visitation, including how to                                        

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

       (1) Section 40411.--Section 40411 of the Equal Justice for Women in 
   Courts Act of 1994 (42 U.S.C 13991) is amended by inserting ``dating    
   violence,'' after ``domestic violence,''.                               
       (2) Section 40412.--Section 40412 of such Act (42 U.S.C 13992) is   
   amended--                                                               
       (A) in paragraph (10), by inserting ``and dating violence (as       
   defined in section 2003 of title I of the Omnibus Crime Control and Safe
   Streets Act of 1968 (42 U.S.C. 3996gg 2))'' before the semicolon;       
       (B) in paragraph (11), by inserting ``and dating violence'' after   
   ``domestic violence'';                                                  
       (C) in paragraph (13), by inserting ``and dating violence'' after   
   ``domestic violence'' in both places that it appears;                   
       (D) in paragraph (17), by inserting ``or dating violence'' after    
   ``domestic violence'' in both places that it appears; and               
       (E) in paragraph (18), by inserting ``and dating violence'' after   
   ``domestic violence''.                                                  
          SEC. 1407. DOMESTIC VIOLENCE TASK FORCE                                 

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

           ``Subtitle I--Domestic Violence Task Force                              

          ``SEC. 40901. TASK FORCE.                                               

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

          SEC. 1501. SHORT TITLE.                                                 

     This title may be cited as the ``Battered Immigrant Women Protection 
  Act of 2000''.                                                          
          SEC. 1502. FINDINGS AND PURPOSES.                                       

    (a)  Findings.--Congress finds that--                                 

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

       (1) to remove barriers to criminal prosecutions of persons who      
   commit acts of battery or extreme cruelty against immigrant women and   
   children; and                                                           
       (2) to offer protection against domestic violence occurring in      
   family and intimate relationships that are covered in State and tribal  
   protection orders, domestic violence, and family law statutes.          
                    SEC. 1503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE  
          VIOLENCE AGAINST WOMEN ACT OF 1994 FOR BATTERED IMMIGRANT WOMEN.        
     (a) Intended Spouse Defined.--Section 101(a) of the Immigration and  
  Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the  
  following:                                                              
     ``(50) The term `intended spouse' means any alien who meets the      
  criteria set forth in section 204(a)(1)(A)(iii)(II)(aa)(BB),            
  204(a)(1)(B)(ii)(II)(aa)(BB), or 240A(b)(2)(A)(i)(III).''.              
     (b) Immediate Relative Status for Self-Petitioners Married to U.S.   
  Citizens.--                                                             
     (1)  Self-petitioning spouses.--                                      

       (A) Battery or cruelty to alien or alien's child.--Section          
   204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C.      
   1154(a)(1)(A)(iii)) is amended to read as follows:                      
     ``(iii)(I) An alien who is described in subclause (II) may file a    
  petition with the Attorney General under this clause for classification 
  of the alien (and any child of the alien) if the alien demonstrates to  
  the Attorney General that--                                             
       ``(aa) the marriage or the intent to marry the United States citizen
   was entered into in good faith by the alien; and                        
       ``(bb) during the marriage or relationship intended by the alien to 
   be legally a marriage, the alien or a child of the alien has been       
   battered or has been the subject of extreme cruelty perpetrated by the  
   alien's spouse or intended spouse.                                      

     ``(II) For purposes of subclause (I), an alien described in this     
  subclause is an alien--                                                 
     ``(aa)(AA) who is the spouse of a citizen of the United States;       

       ``(BB) who believed that he or she had married a citizen of the     
   United States and with whom a marriage ceremony was actually performed  
   and who otherwise meets any applicable requirements under this Act to   
   establish the existence of and bona fides of a marriage, but whose      
   marriage is not legitimate solely because of the bigamy of such citizen 
   of the United States; or                                                
       ``(CC) who was a bona fide spouse of a United States citizen within 
   the past 2 years and--                                                  
     ``(aaa) whose spouse died within the past 2 years;                    


       ``(bbb) whose spouse lost or renounced citizenship status within the
   past 2 years related to an incident of domestic violence; or            
       ``(ccc) who demonstrates a connection between the legal termination 
   of the marriage within the past 2 years and battering or extreme cruelty
   by the United States citizen spouse;                                    
     ``(bb) who is a person of good moral character;                       

       ``(cc) who is eligible to be classified as an immediate relative    
   under section 201(b)(2)(A)(i) or who would have been so classified but  
   for the bigamy of the citizen of the United States that the alien       
   intended to marry; and                                                  
     ``(dd) who has resided with the alien's spouse or intended spouse.''. 

       (2) Self-petitioning children.--Section 204(a)(1)(A)(iv) of the     
   Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended 
   to read as follows:                                                     
     ``(iv) An alien who is the child of a citizen of the United States,  
  or who was a child of a United States citizen parent who within the past
  2 years lost or renounced citizenship status related to an incident of  
  domestic violence, and who is a person of good moral character, who is  
  eligible to be classified as an immediate relative under section        
  201(b)(2)(A)(i), and who resides, or has resided in the past, with the  
  citizen parent may file a petition with the Attorney General under this 
  subparagraph for classification of the alien (and any child of the      
  alien) under such section if the alien demonstrates to the Attorney     
  General that the alien has been battered by or has been the subject of  
  extreme cruelty perpetrated by the alien's citizen parent. For purposes 
  of this clause, residence includes any period of visitation.''.         
       (3) Filing of petitions.--Section 204(a)(1)(A) of the Immigration   
   and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding at the
   end the following:                                                      
    ``(v) An alien who--                                                  

       ``(I) is the spouse, intended spouse, or child living abroad of a   
   citizen who--                                                           
     ``(aa) is an employee of the United States Government;                

       ``(bb) is a member of the uniformed services (as defined in section 
   101(a) of title 10, United States Code); or                             
       ``(cc) has subjected the alien or the alien's child to battery or   
   extreme cruelty in the United States; and                               
     ``(II) is eligible to file a petition under clause (iii) or (iv);     

    shall file such petition with the Attorney General under the          
  procedures that apply to self-petitioners under clause (iii) or (iv), as
  applicable.''.                                                          
     (c) Second Preference Immigration Status for Self-Petitioners Married
  to Lawful Permanent Residents.--                                        
       (1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of the      
   Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)) is amended 
   to read as follows:                                                     
     ``(ii)(I) An alien who is described in subclause (II) may file a     
  petition with the Attorney General under this clause for classification 
  of the alien (and any child of the alien) if such a child has not been  
  classified under clause (iii) of section 203(a)(2)(A) and if the alien  
  demonstrates to the Attorney General that--                             
       ``(aa) the marriage or the intent to marry the lawful permanent     
   resident was entered into in good faith by the alien; and               
       ``(bb) during the marriage or relationship intended by the alien to 
   be legally a marriage, the alien or a child of the alien has been       
   battered or has been the subject of extreme cruelty perpetrated by the  
   alien's spouse or intended spouse.                                      
     ``(II) For purposes of subclause (I), an alien described in this     
  paragraph is an alien--                                                 
       ``(aa)(AA) who is the spouse of a lawful permanent resident of the  
   United States; or                                                       
       ``(BB) who believed that he or she had married a lawful permanent   
   resident of the United States and with whom a marriage ceremony was     
   actually performed and who otherwise meets any applicable requirements  
   under this Act to establish the existence of and bona fides of a        
   marriage, but whose marriage is not legitimate solely because of the    
   bigamy of such lawful permanent resident of the United States; or       
       ``(CC) who was a bona fide spouse of a lawful permanent resident    
   within the past 2 years and--                                           
       ``(aaa) whose spouse lost status within the past 2 years due to an  
   incident of domestic violence; or                                       

       ``(bbb) who demonstrates a connection between the legal termination 
   of the marriage within the past 2 years and battering or extreme cruelty
   by the lawful permanent resident spouse;                                
     ``(bb) who is a person of good moral character;                       


       ``(cc) who is eligible to be classified as a spouse of an alien     
   lawfully admitted for permanent residence under section 203(a)(2)(A) or 
   who would have been so classified but for the bigamy of the lawful      
   permanent resident of the United States that the alien intended to      
   marry; and                                                              
     ``(dd) who has resided with the alien's spouse or intended spouse.''. 

       (2) Self-petitioning children.--Section 204(a)(1)(B)(iii) of the    
   Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended
   to read as follows:                                                     
     ``(iii) An alien who is the child of an alien lawfully admitted for  
  permanent residence, or who was the child of a lawful permanent resident
  who within the past 2 years lost lawful permanent resident status due to
  an incident of domestic violence, and who is a person of good moral     
  character, who is eligible for classification under section             
  203(a)(2)(A), and who resides, or has resided in the past, with the     
  alien's permanent resident alien parent may file a petition with the    
  Attorney General under this subparagraph for classification of the alien
  (and any child of the alien) under such section if the alien            
  demonstrates to the Attorney General that the alien has been battered by
  or has been the subject of extreme cruelty perpetrated by the alien's   
  permanent resident parent.''.                                           
       (3) Filing of petitions.--Section 204(a)(1)(B) of the Immigration   
   and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is amended by adding at the
   end the following:                                                      
    ``(iv) An alien who--                                                 

       ``(I) is the spouse, intended spouse, or child living abroad of a   
   lawful permanent resident who--                                         
     ``(aa) is an employee of the United States Government;                

       ``(bb) is a member of the uniformed services (as defined in section 
   101(a) of title 10, United States Code); or                             
       ``(cc) has subjected the alien or the alien's child to battery or   
   extreme cruelty in the United States; and                               
     ``(II) is eligible to file a petition under clause (ii) or (iii);     

    shall file such petition with the Attorney General under the          
  procedures that apply to self-petitioners under clause (ii) or (iii), as
  applicable.''.                                                          
     (d) Good Moral Character Determinations for Self-Petitioners and     
  Treatment of Child Self-Petitioners and Petitions Including Derivative  
  Children Attaining 21 Years of Age.--Section 204(a)(1) of the           
  Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--      
       (1) by redesignating subparagraphs (C) through (H) as subparagraphs 
   (E) through (J), respectively;                                          
     (2) by inserting after subparagraph (B) the following:                

     ``(C) Notwithstanding section 101(f), an act or conviction that is   
  waivable with respect to the petitioner for purposes of a determination 
  of the petitioner's admissibility under section 212(a) or deportability 
  under section 237(a) shall not bar the Attorney General from finding the
  petitioner to be of good moral character under subparagraph (A)(iii),   
  (A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds that the act
  or conviction was connected to the alien's having been battered or      
  subjected to extreme cruelty.                                           
     ``(D)(i)(I) Any child who attains 21 years of age who has filed a    
  petition under clause (iv) of section 204(a)(1)(A) that was filed or    
  approved before the date on which the child attained 21 years of age    
  shall be considered (if the child has not been admitted or approved for 
  lawful permanent residence by the date the child attained 21 years of   
  age) a petitioner for preference status under paragraph (1), (2), or (3)
  of section 203(a), whichever paragraph is applicable, with the same     
  priority date assigned to the self-petition filed under clause (iv) of  
  section 204(a)(1)(A). No new petition shall be required to be filed.    
     ``(II) Any individual described in subclause (I) is eligible for     
  deferred action and work authorization.                                 
     ``(III) Any derivative child who attains 21 years of age who is      
  included in a petition described in clause (ii) that was filed or       
  approved before the date on which the child attained 21 years of age    
  shall be considered (if the child has not been admitted or approved for 
  lawful permanent residence by the date the child attained 21 years of   
  age) a petitioner for preference status under paragraph (1), (2), or (3)
  of section 203(a), whichever paragraph is applicable, with the same     
  priority date as that assigned to the petitioner in any petition        
  described in clause (ii). No new petition shall be required to be filed.
     ``(IV) Any individual described in subclause (III) and any derivative
  child of a petition described in clause (ii) is eligible for deferred   
  action and work authorization.                                          

     ``(ii) The petition referred to in clause (i)(III) is a petition     
  filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or      
  (B)(iii) in which the child is included as a derivative beneficiary.''; 
  and                                                                     
       (3) in subparagraph (J) (as so redesignated), by inserting ``or in  
   making determinations under subparagraphs (C) and (D),'' after          
   ``subparagraph (B),''.                                                  
     (e) Access to Naturalization for Divorced Victims of Abuse.--Section 
  319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is     
  amended--                                                               
       (1) by inserting ``, or any person who obtained status as a lawful  
   permanent resident by reason of his or her status as a spouse or child  
   of a United States citizen who battered him or her or subjected him or  
   her to extreme cruelty,'' after ``United States'' the first place such  
   term appears; and                                                       
       (2) by inserting ``(except in the case of a person who has been     
   battered or subjected to extreme cruelty by a United States citizen     
   spouse or parent)'' after ``has been living in marital union with the   
   citizen spouse''.                                                       
                    SEC. 1504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND     
          SUSPENSION OF DEPORTATION UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994. 
     (a) Cancellation of Removal and Adjustment of Status for Certain     
  Nonpermanent Residents.--Section 240A(b)(2) of the Immigration and      
  Nationality Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows:   
     ``(2)  Special rule for battered spouse or child.--                   


       ``(A) Authority.--The Attorney General may cancel removal of, and   
   adjust to the status of an alien lawfully admitted for permanent        
   residence, an alien who is inadmissible or deportable from the United   
   States if the alien demonstrates that--                                 
       ``(i)(I) the alien has been battered or subjected to extreme cruelty
   by a spouse or parent who is or was a United States citizen (or is the  
   parent of a child of a United States citizen and the child has been     
   battered or subjected to extreme cruelty by such citizen parent);       
       ``(II) the alien has been battered or subjected to extreme cruelty  
   by a spouse or parent who is or was a lawful permanent resident (or is  
   the parent of a child of an alien who is or was a lawful permanent      
   resident and the child has been battered or subjected to extreme cruelty
   by such permanent resident parent); or                                  
       ``(III) the alien has been battered or subjected to extreme cruelty 
   by a United States citizen or lawful permanent resident whom the alien  
   intended to marry, but whose marriage is not legitimate because of that 
   United States citizen's or lawful permanent resident's bigamy;          
       ``(ii) the alien has been physically present in the United States   
   for a continuous period of not less than 3 years immediately preceding  
   the date of such application, and the issuance of a charging document   
   for removal proceedings shall not toll the 3-year period of continuous  
   physical presence in the United States;                                 
       ``(iii) the alien has been a person of good moral character during  
   such period, subject to the provisions of subparagraph (C);             
       ``(iv) the alien is not inadmissible under paragraph (2) or (3) of  
   section 212(a), is not deportable under paragraphs (1)(G) or (2) through
   (4) of section 237(a) (except in a case described in section 237(a)(7)  
   where the Attorney General exercises discretion to grant a waiver), and 
   has not been convicted of an aggravated felony; and                     
       ``(v) the removal would result in extreme hardship to the alien, the
   alien's child, or the alien's parent.                                   
       ``(B) Physical presence.--Notwithstanding subsection (d)(2), for    
   purposes of subparagraph (A)(i)(II) or for purposes of section 244(a)(3)
   (as in effect before the title III A effective date in section 309 of   
   the Illegal Immigration Reform and Immigrant Responsibility Act of      
   1996), an alien shall not be considered to have failed to maintain      
   continuous physical presence by reason of an absence if the alien       
   demonstrates a connection between the absence and the battering or      
   extreme cruelty perpetrated against the alien. No absence or portion of 
   an absence connected to the battering or extreme cruelty shall count    
   toward the 90-day or 180-day limits established in subsection (d)(2). If
   any absence or aggregate absences exceed 180 days, the absences or      
   portions of the absences will not be considered to break the period of  
   continuous presence. Any such period of time excluded from the 180-day  
   limit shall be excluded in computing the time during which the alien has
   been physically present for purposes of the 3-year requirement set forth
   in section 240A(b)(2)(B) and section 244(a)(3) (as in effect before the 
   title III A effective date in section 309 of the Illegal Immigration    
   Reform and Immigrant Responsibility Act of 1996).                       
       ``(C) Good moral character.--Notwithstanding section 101(f), an act 
   or conviction that does not bar the Attorney General from granting      
   relief under this paragraph by reason of subparagraph (A)(iv) shall not 
   bar the Attorney General from finding the alien to be of good moral     
   character under subparagraph (A)(i)(III) or section 244(a)(3) (as in    
   effect before the title III A effective date in section 309 of the      
   Illegal Immigration Reform and Immigrant Responsibility Act of 1996), if
   the Attorney General finds that the act or conviction was connected to  
   the alien's having been battered or subjected to extreme cruelty and    
   determines that a waiver is otherwise warranted.                        
       ``(D) Credible evidence considered.--In acting on applications under
   this paragraph, the Attorney General shall consider any credible        
   evidence relevant to the application. The determination of what evidence
   is credible and the weight to be given that evidence shall be within the
   sole discretion of the Attorney General.''.                             
     (b) Children of Battered Aliens and Parents of Battered Alien        
  Children.--Section 240A(b) of the Immigration and Nationality Act (8    
  U.S.C. 1229b(b)) is amended by adding at the end the following:         
       ``(4) Children of battered aliens and parents of battered alien     
   children.--                                                             
       ``(A) In general.--The Attorney General shall grant parole under    
   section 212(d)(5) to any alien who is a--                               
       ``(i) child of an alien granted relief under section 240A(b)(2) or  
   244(a)(3) (as in effect before the title III A effective date in section
   309 of the Illegal Immigration Reform and Immigrant Responsibility Act  
   of 1996); or                                                            
       ``(ii) parent of a child alien granted relief under section         
   240A(b)(2) or 244(a)(3) (as in effect before the title III A effective  
   date in section 309 of the Illegal Immigration Reform and Immigrant     
   Responsibility Act of 1996).                                            
       ``(B) Duration of parole.--The grant of parole shall extend from the
   time of the grant of                                                    

                    relief under section 240A(b)(2) or section 244(a)(3) (as in   
          effect before the title III A effective date in section 309 of the      
          Illegal Immigration Reform and Immigrant Responsibility Act of 1996) to 
          the time the application for adjustment of status filed by aliens       
          covered under this paragraph has been finally adjudicated. Applications 
          for adjustment of status filed by aliens covered under this paragraph   
          shall be treated as if they were applications filed under section       
          204(a)(1) (A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of       
          section 245 (a) and (c). Failure by the alien granted relief under      
          section 240A(b)(2) or section 244(a)(3) (as in effect before the title  
          III A effective date in section 309 of the Illegal Immigration Reform   
          and Immigrant Responsibility Act of 1996) to exercise due diligence in  
          filing a visa petition on behalf of an alien described in clause (i) or 
          (ii) may result in revocation of parole.''.                             
     (c) Effective Date.--Any individual who becomes eligible for relief  
  by reason of the enactment of the amendments made by subsections (a) and
  (b), shall be eligible to file a motion to reopen pursuant to section   
  240(c)(6)(C)(iv). The amendments made by subsections (a) and (b) shall  
  take effect as if included in the enactment of section 304 of the       
  Illegal Immigration Reform and Immigrant Responsibility Act of 1996     
  (Public Law 104 208; 110 Stat. 587). Such portions of the amendments    
  made by subsection (b) that relate to section 244(a)(3) (as in effect   
  before the title III A effective date in section 309 of the Illegal     
  Immigration Reform and Immigrant Responsibility Act of 1996) shall take 
  effect as if included in subtitle G of title IV of the Violent Crime    
  Control and Law Enforcement Act of 1994 (Public Law 103 322; 108 Stat.  
  1953 et seq.).                                                          
                    SEC. 1505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF
          THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL QUALIFIED BATTERED       
          IMMIGRANT SELF-PETITIONERS.                                             
     (a) Battered Immigrant Waiver.--Section 212(a)(9)(C)(ii) of the      
  Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended 
  by adding at the end the following: ``The Attorney General in the       
  Attorney General's discretion may waive the provisions of section       
  212(a)(9)(C)(i) in the case of an alien to whom the Attorney General has
  granted classification under clause (iii), (iv), or (v) of section      
  204(a)(1)(A), or classification under clause (ii), (iii), or (iv) of    
  section 204(a)(1)(B), in any case in which there is a connection        
  between--                                                               
       ``(1) the alien's having been battered or subjected to extreme      
   cruelty; and                                                            
     ``(2) the alien's--                                                   

     ``(A) removal;                                                        

     ``(B) departure from the United States;                               

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

     ``(D) attempted reentry into the United States.''.                    

    (b)  Domestic Violence Victim Waiver.--                               

       (1) Waiver for victims of domestic violence.--Section 237(a) of the 
   Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by        
   inserting at the end the following:                                     
     ``(7)  Waiver for victims of domestic violence.--                     

       ``(A) In general.--The Attorney General is not limited by the       
   criminal court record and may waive the application of paragraph        
   (2)(E)(i) (with respect to crimes of domestic violence and crimes of    
   stalking) and (ii) in the case of an alien who has been battered or     
   subjected to extreme cruelty and who is not and was not the primary     
   perpetrator of violence in the relationship--                           
     ``(i) upon a determination that--                                     

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

         ``(II) the alien was found to have violated a protection order     
    intended to protect the alien; or                                       
         ``(III) the alien committed, was arrested for, was convicted of, or
    pled guilty to committing a crime--                                     
      ``(aa) that did not result in serious bodily injury; and              

         ``(bb) where there was a connection between the crime and the      
    alien's having been battered or subjected to extreme cruelty.           
       ``(B) Credible evidence considered.--In acting on applications under
   this paragraph, the Attorney General shall consider any credible        
   evidence relevant to the application. The determination of what evidence
   is credible and the weight to be given that evidence shall be within the
   sole discretion of the Attorney General.''.                             
       (2) Conforming amendment.--Section 240A(b)(1)(C) of the Immigration 
   and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is amended by inserting   
   ``(except in a case described in section 237(a)(7) where the Attorney   
   General exercises discretion to grant a waiver)'' after ``237(a)(3)''.  
     (c) Misrepresentation Waivers for Battered Spouses of United States  
  Citizens and Lawful Permanent Residents.--                              
       (1) Waiver of inadmissibility.--Section 212(i)(1) of the Immigration
   and Nationality Act (8 U.S.C. 1182(i)(1)) is amended by inserting before
   the period at the end the following: ``or, in the case of an alien      
   granted classification under clause (iii) or (iv) of section            
   204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B), the alien 
   demonstrates extreme hardship to the alien or the alien's United States 
   citizen, lawful permanent resident, or qualified alien parent or        
   child''.                                                                
       (2) Waiver of deportability.--Section 237(a)(1)(H) of the           
   Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is amended--   
     (A) in clause (i), by inserting ``(I)'' after ``(i)'';                

     (B) by redesignating clause (ii) as subclause (II); and               

     (C) by adding after clause (i) the following:                         


       ``(ii) is an alien who qualifies for classification under clause    
   (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section
   204(a)(1)(B).''.                                                        
     (d) Battered Immigrant Waiver.--Section 212(g)(1) of the Immigration 
  and Nationality Act (8 U.S.C. 1182(g)(1)) is amended--                  
     (1) in subparagraph (A), by striking ``or'' at the end;               

     (2) in subparagraph (B), by adding ``or'' at the end; and             

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

       ``(C) qualifies for classification under clause (iii) or (iv) of    
   section 204(a)(1)(A) or classification under clause (ii) or (iii) of    
   section 204(a)(1)(B);''.                                                
     (e) Waivers for VAWA Eligible Battered Immigrants.--Section 212(h)(1)
  of the Immigration and Nationality Act (8 U.S.C. 1182(h)(1)) is         
  amended--                                                               
     (1) in subparagraph (B), by striking ``and'' and inserting ``or''; and

     (2) by adding at the end the following:                               

       ``(C) the alien qualifies for classification under clause (iii) or  
   (iv) of section 204(a)(1)(A) or classification under clause (ii) or     
   (iii) of section 204(a)(1)(B); and''.                                   
     (f) Public Charge.--Section 212 of the Immigration and Nationality   
  Act (8 U.S.C. 1182) is amended by adding at the end the following:      
     ``(p) In determining whether an alien described in subsection        
  (a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to   
  receive an immigrant visa or otherwise to adjust to the status of       
  permanent resident by reason of subsection (a)(4), the consular officer 
  or the Attorney General shall not consider any benefits the alien may   
  have received that were authorized under section 501 of the Illegal     
  Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.   
  1641(c)).''.                                                            
     (g) Report.--Not later than 6 months after the date of enactment of  
  this Act, the Attorney General shall submit a report to the Committees  
  on the Judiciary of the Senate and the House of Representatives         
  covering, with respect to fiscal year 1997 and each fiscal year         
  thereafter--                                                            
       (1) the policy and procedures of the Immigration and Naturalization 
   Service under which an alien who has been battered or subjected to      
   extreme cruelty who is eligible for suspension of deportation or        
   cancellation of removal can request to be placed, and be placed, in     
   deportation or removal proceedings so that such alien may apply for     
   suspension of deportation or cancellation of removal;                   
       (2) the number of requests filed at each district office under this 
   policy;                                                                 
       (3) the number of these requests granted reported separately for    
   each district; and                                                      
       (4) the average length of time at each Immigration and              
   Naturalization office between the date that an alien who has been       
   subject to battering or extreme cruelty eligible for suspension of      
   deportation or cancellation of removal requests to be placed in         
   deportation or removal proceedings and the date that the immigrant      
   appears before an immigration judge to file an application for          
   suspension of deportation or cancellation of removal.                   
                    SEC. 1506. RESTORING IMMIGRATION PROTECTIONS UNDER THE        
          VIOLENCE AGAINST WOMEN ACT OF 1994.                                     
     (a) Removing Barriers to Adjustment of Status for Victims of Domestic
  Violence.--                                                             
       (1) Immigration amendments.--Section 245 of the Immigration and     
   Nationality Act (8 U.S.C. 1255) is amended--                            
       (A) in subsection (a), by inserting ``or the status of any other    
   alien having an approved petition for classification under subparagraph 
   (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or'' after 
   ``into the United States.''; and                                        
       (B) in subsection (c), by striking ``Subsection (a) shall not be    
   applicable to'' and inserting the following: ``Other than an alien      
   having an approved petition for classification under subparagraph       
   (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of    
   section 204(a)(1), subsection (a) shall not be applicable to''.         
       (2) Effective date.--The amendments made by paragraph (1) shall     
   apply to applications for adjustment of status pending on or made on or 
   after January 14, 1998.                                                 
     (b) Removing Barriers to Cancellation of Removal and Suspension of   
  Deportation for Victims of Domestic Violence.--                         
(1) Not treating service of notice as terminating continuous        
   period.--Section 240A(d)(1) of the Immigration and Nationality Act (8   
   U.S.C. 1229b(d)(1)) is amended by striking ``when the alien is served a 
   notice to appear under section 239(a) or'' and inserting ``(A) except in
   the case of an alien who applies for cancellation of removal under      
   subsection (b)(2), when the alien is served a notice to appear under    
   section 239(a), or (B)''.                                               
       (2) Effective date.--The amendment made by paragraph (1) shall take 
   effect as if included in the enactment of section 304 of the Illegal    
   Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 
   104 208; 110 Stat. 587).                                                
       (3) Modification of certain transition rules for battered spouse or 
   child.--Section 309(c)(5)(C) of the Illegal Immigration Reform and      
   Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended--  
     (A) by striking the subparagraph heading and inserting the following: 

       ``(C) Special rule for certain aliens granted temporary protection  
   from deportation and for battered spouses and children.--''; and        
     (B) in clause (i)--                                                   

     (i) in subclause (IV), by striking ``or'' at the end;                 

       (ii) in subclause (V), by striking the period at the end and        
   inserting ``; or''; and                                                 
     (iii) by adding at the end the following:                             


         ``(VI) is an alien who was issued an order to show cause or was in 
    deportation proceedings before April 1, 1997, and who applied for       
    suspension of deportation under section 244(a)(3) of the Immigration and
    Nationality Act (as in effect before the date of the enactment of this  
    Act).''.                                                                
       (4) Effective date.--The amendments made by paragraph (3) shall take
   effect as if included in the enactment of section 309 of the Illegal    
   Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.   
   1101 note).                                                             
     (c) Eliminating Time Limitations on Motions To Reopen Removal and    
  Deportation Proceedings for Victims of Domestic Violence.--             
     (1)  Removal proceedings.--                                           

       (A) In general.--Section 240(c)(6)(C) of the Immigration and        
   Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by adding at the   
   end the following:                                                      
       ``(iv) Special rule for battered spouses and children.--The deadline
   specified in subsection (b)(5)(C) for filing a motion to reopen does not
   apply--                                                                 
         ``(I) if the basis for the motion is to apply for relief under     
    clause (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of   
    section 204(a)(1)(B), or section 240A(b)(2);                            
         ``(II) if the motion is accompanied by a cancellation of removal   
    application to be filed with the Attorney General or by a copy of the   
    self-petition that has been or will be filed with the Immigration and   
    Naturalization Service upon the granting of the motion to reopen; and   
         ``(III) if the motion to reopen is filed within 1 year of the entry
    of the final order of removal, except that the Attorney General may, in 
    the Attorney General's discretion, waive this time limitation in the    
    case of an alien who demonstrates extraordinary circumstances or extreme
    hardship to the alien's child.''.                                       
       (B) Effective date.--The amendment made by subparagraph (A) shall   
   take effect as if included in the enactment of section 304 of the       
   Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8  
   U.S.C. 1229 1229c).                                                     
     (2)  Deportation proceedings.--                                       

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

                    Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)) as 
          a result of the amendments made by--                                    
         (I) subtitle G of title IV of the Violent Crime Control and Law    
    Enforcement Act of 1994 (Public Law 103 322; 108 Stat. 1953 et seq.); or
      (II) this title.                                                      

                    SEC. 1507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE      
          IMMIGRATION PROVISIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994.       
     (a) Effect of Changes in Abusers' Citizenship Status on              
  Self-Petition.--                                                        
       (1) Reclassification.--Section 204(a)(1)(A) of the Immigration and  
   Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as amended by section         
   1503(b)(3) of this title) is amended by adding at the end the following:
     ``(vi) For the purposes of any petition filed under clause (iii) or  
  (iv), the denaturalization, loss or renunciation of citizenship, death  
  of the abuser, divorce, or changes to the abuser's citizenship status   
  after filing of the petition shall not adversely affect the approval of 
  the petition, and for approved petitions shall not preclude the         
  classification of the eligible self-petitioning spouse or child as an   
  immediate relative or affect the alien's ability to adjust status under 
  subsections (a) and (c) of section 245 or obtain status as a lawful     
  permanent resident based on the approved self-petition under such       
  clauses.''.                                                             
       (2) Loss of status.--Section 204(a)(1)(B) of the Immigration and    
   Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as amended by section         
   1503(c)(3) of this title) is amended by adding at the end the following:
     ``(v)(I) For the purposes of any petition filed or approved under    
  clause (ii) or (iii), divorce, or the loss of lawful permanent resident 
  status by a spouse or parent after the filing of a petition under that  
  clause shall not adversely affect approval of the petition, and, for an 
  approved petition, shall not affect the alien's ability to adjust status
  under subsections (a) and (c) of section 245 or obtain status as a      
  lawful permanent resident based on an approved self-petition under      
  clause (ii) or (iii).                                                   
     ``(II) Upon the lawful permanent resident spouse or parent becoming  
  or establishing the existence of United States citizenship through      
  naturalization, acquisition of citizenship, or other means, any petition
  filed with the Immigration and Naturalization Service and pending or    
  approved under clause (ii) or (iii) on behalf of an alien who has been  
  battered or subjected to extreme cruelty shall be deemed reclassified as
  a petition filed under subparagraph (A) even if the acquisition of      
  citizenship occurs after divorce or termination of parental rights.''.  
       (3) Definition of immediate relatives.--Section 201(b)(2)(A)(i) of  
   the Immigration and Nationality Act (8 U.S.C. 1154(b)(2)(A)(i)) is      
   amended by adding at the end the following: ``For purposes of this      
   clause, an alien who has filed a petition under clause (iii) or (iv) of 
   section 204(a)(1)(A) of this Act remains an immediate relative in the   
   event that the United States citizen spouse or parent loses United      
   States citizenship on account of the abuse.''.                          
     (b) Allowing Remarriage of Battered Immigrants.--Section 204(h) of   
  the Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended by    
  adding at the end the following: ``Remarriage of an alien whose petition
  was approved under section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or     
  marriage of an alien described in clause (iv) or (vi) of section        
  204(a)(1)(A) or in section 204(a)(1)(B)(iii) shall not be the basis for 
  revocation of a petition approval under section 205.''.                 
                    SEC. 1508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION 
          FOR BATTERED IMMIGRANTS.                                                
     Section 431(c)(1)(B)(iii) of the Personal Responsibility and Work    
  Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)(iii)) is 
  amended to read as follows:                                             
       ``(iii) suspension of deportation under section 244(a)(3) of the    
   Immigration and Nationality Act (as in effect before the title III A    
   effective date in section 309 of the Illegal Immigration Reform and     
   Immigrant Responsibility Act of 1996).''.                               
                    SEC. 1509. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED        
          IMMIGRANT SPOUSES AND CHILDREN.                                         
     (a) In General.--The last sentence of the first section of Public Law
  89 732 (November 2, 1966; 8 U.S.C. 1255 note) is amended by striking the
  period at the end and inserting the following: ``, except that such     
  spouse or child who has been battered or subjected to extreme cruelty   
  may adjust to permanent resident status under this Act without          
  demonstrating that he or she is residing with the Cuban spouse or parent
  in the United States. In acting on applications under this section with 
  respect to spouses or children who have been battered or subjected to   
  extreme cruelty, the Attorney General shall apply the provisions of     
  section 204(a)(1)(H).''.                                                

     (b) Effective Date.--The amendment made by subsection (a) shall be   
  effective as if included in subtitle G of title IV of the Violent Crime 
  Control and Law Enforcement Act of 1994 (Public Law 103 322; 108 Stat.  
  1953 et seq.).                                                          
                    SEC. 1510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL    
          AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND CHILDREN.                  
     (a) Adjustment of Status of Certain Nicaraguan and Cuban Battered    
  Spouses.--Section 202(d) of the Nicaraguan Adjustment and Central       
  American Relief Act (8 U.S.C. 1255 note; Public Law 105 100, as amended)
  is amended--                                                            
       (1) in paragraph (1), by striking subparagraph (B) and inserting the
   following:                                                              
     ``(B) the alien--                                                     

       ``(i) is the spouse, child, or unmarried son or daughter of an alien
   whose status is adjusted to that of an alien lawfully admitted for      
   permanent residence under subsection (a), except that in the case of    
   such an unmarried son or daughter, the son or daughter shall be required
   to establish that the son or daughter has been physically present in the
   United States for a continuous period beginning not later than December 
   1, 1995, and ending not earlier than the date on which the application  
   for adjustment under this subsection is filed; or                       
       ``(ii) was, at the time at which an alien filed for adjustment under
   subsection (a), the spouse or child of an alien whose status is adjusted
   to that of an alien lawfully admitted for permanent residence under     
   subsection (a), and the spouse, child, or child of the spouse has been  
   battered or subjected to extreme cruelty by the alien that filed for    
   adjustment under subsection (a);''; and                                 
     (2) by adding at the end the following:                               

       ``(3) Procedure.--In acting on an application under this section    
   with respect to a spouse or child who has been battered or subjected to 
   extreme cruelty, the Attorney General shall apply section               
   204(a)(1)(H).''.                                                        
     (b) Cancellation of Removal and Suspension of Deportation Transition 
  Rules for Certain Battered Spouses.--Section 309(c)(5)(C) of the Illegal
  Immigration and Reform and Immigrant Responsibility Act of 1996         
  (division C of Public Law 104 208; 8 U.S.C. 1101 note) (as amended by   
  section 1506(b)(3) of this title) is amended--                          
     (1) in clause (i)--                                                   

       (A) by striking the period at the end of subclause (VI) (as added by
   section 1506(b)(3) of this title) and inserting ``; or''; and           
     (B) by adding at the end the following:                               

         ``(VII)(aa) was the spouse or child of an alien described in       
    subclause (I), (II), or (V)--                                           
         ``(AA) at the time at which a decision is rendered to suspend the  
    deportation or cancel the removal of the alien;                         
         ``(BB) at the time at which the alien filed an application for     
    suspension of deportation or cancellation of removal; or                
         ``(CC) at the time at which the alien registered for benefits under
    the settlement agreement in American Baptist Churches, et. al. v.       
    Thornburgh (ABC), applied for temporary protected status, or applied for
    asylum; and                                                             
         ``(bb) the spouse, child, or child of the spouse has been battered 
    or subjected to extreme cruelty by the alien described in subclause (I),
    (II), or (V).''; and                                                    
     (2) by adding at the end the following:                               

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

                    SEC. 1511. ACCESS TO THE HAITIAN REFUGEE FAIRNESS ACT OF 1998 
          FOR BATTERED SPOUSES AND CHILDREN.                                      
     (a) In General.--Section 902(d)(1)(B) of the Haitian Refugee         
  Immigration Fairness Act of 1998 (division A of section 101(h) of Public
  Law 105 277; 112 Stat. 2681 538) is amended to read as follows:         
       ``(B)(i) the alien is the spouse, child, or unmarried son or        
   daughter of an alien whose status is adjusted to that of an alien       
   lawfully admitted for permanent residence under subsection (a), except  
   that, in the case of such an unmarried son or daughter, the son or      
   daughter shall be required to establish that the son or daughter has    
   been physically present in the United States for a continuous period    
   beginning not later than December 1, 1995, and ending not earlier than  
   the date on which the application for such adjustment is filed;         
       ``(ii) at the time of filing of the application for adjustment under
   subsection (a), the alien is the spouse or child of an alien whose      
   status is adjusted to that of an alien lawfully admitted for permanent  
   residence under subsection (a) and the spouse, child, or child of the   
   spouse has been battered or subjected to extreme cruelty by the         
   individual described in subsection (a); and                             
       ``(iii) in acting on applications under this section with respect to
   spouses or children who have been battered or subjected to extreme      
   cruelty, the Attorney General shall apply the provisions of section     
   204(a)(1)(H).''.                                                        
     (b) Effective Date.--The amendment made by subsection (a) shall be   
  effective as if included in the Haitian Refugee Immigration Fairness Act
  of 1998 (division A of section 101(h) of Public Law 105 277; 112 Stat.  
  2681 538).                                                              
                    SEC. 1512. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR    
          BATTERED IMMIGRANTS.                                                    
     (a) Law Enforcement and Prosecution Grants.--Section 2001(b) of part 
  T of title I of the Omnibus Crime Control and Safe Streets Act of 1968  
  (42 U.S.C. 3796gg(b)) (as amended by section 1209(c) of this division)  
  is amended by adding at the end the following:                          
       ``(11) providing assistance to victims of domestic violence and     
   sexual assault in immigration matters.''.                               
     (b) Grants To Encourage Arrests.--Section 2101(b)(5) of part U of    
  title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42   
  U.S.C. 3796hh(b)(5)) is amended by inserting before the period the      
  following: ``, including strengthening assistance to such victims in    
  immigration matters''.                                                  
     (c) Rural Domestic Violence and Child Abuse Enforcement              
  Grants.--Section 40295(a)(2) of the Violent Crime Control and Law       
  Enforcement Act of 1994 (Public Law 103 322; 108 Stat. 1953; 42 U.S.C.  
  13971(a)(2)) is amended to read as follows:                             
       ``(2) to provide treatment, counseling, and assistance to victims of
   domestic violence and child abuse, including in immigration matters;    
   and''.                                                                  
     (d) Campus Domestic Violence Grants.--Section 826(b)(5) of the Higher
  Education Amendments of 1998 (Public Law 105 244; 20 U.S.C. 1152) is    
  amended by inserting before the period at the end the following: ``,    
  including assistance to victims in immigration matters''.               
                    SEC. 1513. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING     
          VICTIMS OF CRIMES AGAINST WOMEN.                                        
    (a)  Findings and Purpose.--                                          

     (1)  Findings.--Congress makes the following findings:                

       (A) Immigrant women and children are often targeted to be victims of
   crimes committed against them in the United States, including rape,     
   torture, kidnaping, trafficking, incest, domestic violence, sexual      
   assault, female genital mutilation, forced prostitution, involuntary    
   servitude, being held hostage or being criminally restrained.           
       (B) All women and children who are victims of these crimes committed
   against them in the United States must be able to report these crimes to
   law enforcement and fully participate in the investigation of the crimes
   committed against them and the prosecution of the perpetrators of such  
   crimes.                                                                 
     (2)  Purpose.--                                                       

       (A) The purpose of this section is to create a new nonimmigrant visa
   classification that will strengthen the ability of law enforcement      
   agencies to detect, investigate, and prosecute cases of domestic        
   violence, sexual assault, trafficking of aliens, and other crimes       
   described in section 101(a)(15)(U)(iii) of the Immigration and          
   Nationality Act committed against aliens, while offering protection to  
   victims of such offenses in keeping with the humanitarian interests of  
   the United States. This visa will encourage law enforcement officials to
   better serve immigrant crime victims and to prosecute crimes committed  
   against aliens.                                                         
       (B) Creating a new nonimmigrant visa classification will facilitate 
   the reporting of crimes to law enforcement officials by trafficked,     
   exploited, victimized, and abused aliens who are not in lawful          
   immigration status. It also gives law enforcement officials a means to  
   regularize the status of cooperating individuals during investigations  
   or prosecutions. Providing temporary legal status to aliens who have    
   been severely victimized by criminal activity also comports with the    
   humanitarian interests of the United States.                            
       (C) Finally, this section gives the Attorney General discretion to  
   convert the status of such nonimmigrants to that of permanent residents 
   when doing so is justified on humanitarian grounds, for family unity, or
   is otherwise in the public interest.                                    
     (b) Establishment of Humanitarian/Material Witness Nonimmigrant      
  Classification.--Section 101(a)(15) of the Immigration and Nationality  
  Act (8 U.S.C. 1101(a)(15)) (as amended by section 107 of this Act) is   
  amended--                                                               

     (1) by striking ``or'' at the end of subparagraph (S);                

       (2) by striking the period at the end of subparagraph (T) and       
   inserting ``; or''; and                                                 
     (3) by adding at the end the following new subparagraph:              

       ``(U)(i) subject to section 214(o), an alien who files a petition   
   for status under this subparagraph, if the Attorney General determines  
   that--                                                                  
       ``(I) the alien has suffered substantial physical or mental abuse as
   a result of having been a victim of criminal activity described in      
   clause (iii);                                                           
       ``(II) the alien (or in the case of an alien child under the age of 
   16, the parent, guardian, or next friend of the alien) possesses        
   information concerning criminal activity described in clause (iii);     
       ``(III) the alien (or in the case of an alien child under the age of
   16, the parent, guardian, or next friend of the alien) has been helpful,
   is being helpful, or is likely to be helpful to a Federal, State, or    
   local law enforcement official, to a Federal, State, or local           
   prosecutor, to a Federal or State judge, to the Service, or to other    
   Federal, State, or local authorities investigating or prosecuting       
   criminal activity described in clause (iii); and                        
       ``(IV) the criminal activity described in clause (iii) violated the 
   laws of the United States or occurred in the United States (including in
   Indian country and military installations) or the territories and       
   possessions of the United States;                                       
       ``(ii) if the Attorney General considers it necessary to avoid      
   extreme hardship to the spouse, the child, or, in the case of an alien  
   child, the parent of the alien described in clause (i), the Attorney    
   General may also grant status under this paragraph based upon           
   certification of a government official listed in clause (i)(III) that an
   investigation or prosecution would be harmed without the assistance of  
   the spouse, the child, or, in the case of an alien child, the parent of 
   the alien; and                                                          
       ``(iii) the criminal activity referred to in this clause is that    
   involving one or more of the following or any similar activity in       
   violation of Federal, State, or local criminal law: rape; torture;      
   trafficking; incest; domestic violence; sexual assault; abusive sexual  
   contact; prostitution; sexual exploitation; female genital mutilation;  
   being held hostage; peonage; involuntary servitude; slave trade;        
   kidnapping; abduction; unlawful criminal restraint; false imprisonment; 
   blackmail; extortion; manslaughter; murder; felonious assault; witness  
   tampering; obstruction of justice; perjury; or attempt, conspiracy, or  
   solicitation to commit any of the above mentioned crimes.''.            
     (c) Conditions for Admission and Duties of the Attorney              
  General.--Section 214 of such Act (8 U.S.C. 1184) (as amended by section
  107 of this Act) is amended by adding at the end the following new      
  subsection:                                                             
    ``(o)  Requirements Applicable to Section 101 (a )(15)(u)  Visas.--   

       ``(1) Petitioning procedures for section 101(a )(15)(u) visas.--The 
   petition filed by an alien under section 101(a)(15)(U)(i) shall contain 
   a certification from a Federal, State, or local law enforcement         
   official, prosecutor, judge, or other Federal, State, or local authority
   investigating criminal activity described in section 101(a)(15)(U)(iii).
   This certification may also be provided by an official of the Service   
   whose ability to provide such certification is not limited to           
   information concerning immigration violations. This certification shall 
   state that the alien ``has been helpful, is being helpful, or is likely 
   to be helpful'' in the investigation or prosecution of criminal activity
   described in section 101(a)(15)(U)(iii).                                
     ``(2)  Numerical limitations.--                                       

       ``(A) The number of aliens who may be issued visas or otherwise     
   provided status as nonimmigrants under section 101(a)(15)(U) in any     
   fiscal year shall not exceed 10,000.                                    
       ``(B) The numerical limitations in subparagraph (A) shall only apply
   to principal aliens described in section 101(a)(15)(U)(i), and not to   
   spouses, children, or, in the case of alien children, the alien parents 
   of such children.                                                       
       ``(3) Duties of the attorney general with respect to `u' visa       
   nonimmigrants.--With respect to nonimmigrant aliens described in        
   subsection (a)(15)(U)--                                                 
       ``(A) the Attorney General and other government officials, where    
   appropriate, shall provide those aliens with referrals to               
   nongovernmental organizations to advise the aliens regarding their      
   options while in the United States and the resources available to them; 
   and                                                                     
       ``(B) the Attorney General shall, during the period those aliens are
   in lawful temporary resident status under that subsection, provide the  
   aliens with employment authorization.                                   
       ``(4) Credible evidence considered.--In acting on any petition filed
   under this subsection, the consular officer or the Attorney General, as 
   appropriate, shall consider any credible evidence relevant to the       
   petition.                                                               
       ``(5) Nonexclusive relief.--Nothing in this subsection limits the   
   ability of aliens who qualify for status under section 101(a)(15)(U) to 
   seek any other immigration benefit or status for which the alien may be 
   eligible.''.                                                            
     (d) Prohibition on Adverse Determinations of Admissibility or        
  Deportability.--Section 384(a) of the Illegal Immigration Reform and    
  Immigrant Responsibility Act of 1996 is amended--                       
     (1) by striking ``or'' at the end of paragraph (1)(C);                

       (2) by striking the comma at the end of paragraph (1)(D) and        
   inserting ``, or''; and                                                 

       (3) by inserting after paragraph (1)(D) the following new           
   subparagraph:                                                           
       ``(E) in the case of an alien applying for status under section     
   101(a)(15)(U) of the Immigration and Nationality Act, the perpetrator of
   the substantial physical or mental abuse and the criminal activity,'';  
   and                                                                     
       (4) in paragraph (2), by inserting ``section 101(a)(15)(U),'' after 
   ``section 216(c)(4)(C),''.                                              
     (e) Waiver of Grounds of Ineligibility for Admission.--Section 212(d)
  of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by 
  adding at the end the following new paragraph:                          
     ``(13) The Attorney General shall determine whether a ground of      
  inadmissibility exists with respect to a nonimmigrant described in      
  section 101(a)(15)(U). The Attorney General, in the Attorney General's  
  discretion, may waive the application of subsection (a) (other than     
  paragraph (3)(E)) in the case of a nonimmigrant described in section    
  101(a)(15)(U), if the Attorney General considers it to be in the public 
  or national interest to do so.''.                                       
     (f) Adjustment to Permanent Resident Status.--Section 245 of such Act
  (8 U.S.C. 1255) is amended by adding at the end the following new       
  subsection:                                                             
     ``(l)(1) The Attorney General may adjust the status of an alien      
  admitted into the United States (or otherwise provided nonimmigrant     
  status) under section 101(a)(15)(U) to that of an alien lawfully        
  admitted for permanent residence if the alien is not described in       
  section 212(a)(3)(E), unless the Attorney General determines based on   
  affirmative evidence that the alien unreasonably refused to provide     
  assistance in a criminal investigation or prosecution, if--             
       ``(A) the alien has been physically present in the United States for
   a continuous period of at least 3 years since the date of admission as a
   nonimmigrant under clause (i) or (ii) of section 101(a)(15)(U); and     
       ``(B) in the opinion of the Attorney General, the alien's continued 
   presence in the United States is justified on humanitarian grounds, to  
   ensure family unity, or is otherwise in the public interest.            
     ``(2) An alien shall be considered to have failed to maintain        
  continuous physical presence in the United States under paragraph (1)(A)
  if the alien has departed from the United States for any period in      
  excess of 90 days or for any periods in the aggregate exceeding 180 days
  unless the absence is in order to assist in the investigation or        
  prosecution or unless an official involved in the investigation or      
  prosecution certifies that the absence was otherwise justified.         
     ``(3) Upon approval of adjustment of status under paragraph (1) of an
  alien described in section 101(a)(15)(U)(i) the Attorney General may    
  adjust the status of or issue an immigrant visa to a spouse, a child,   
  or, in the case of an alien child, a parent who did not receive a       
  nonimmigrant visa under section 101(a)(15)(U)(ii) if the Attorney       
  General considers the grant of such status or visa necessary to avoid   
  extreme hardship.                                                       
     ``(4) Upon the approval of adjustment of status under paragraph (1)  
  or (3), the Attorney General shall record the alien's lawful admission  
  for permanent residence as of the date of such approval.''.             
           TITLE VI--MISCELLANEOUS                                                 

          SEC. 1601. NOTICE REQUIREMENTS FOR SEXUALLY VIOLENT OFFENDERS.          

     (a) Short Title.--This section may be cited as the ``Campus Sex      
  Crimes Prevention Act''.                                                
    (b)  Notice With Respect to Institutions of Higher Education.--       

       (1) In general.--Section 170101 of the Violent Crime Control and Law
   Enforcement Act of 1994 (42 U.S.C. 14071) is amended by adding at the   
   end the following:                                                      
     ``(j) Notice of Enrollment at or Employment by Institutions of Higher
  Education.--                                                            
     ``(1)  Notice by offenders.--                                         

       ``(A) In general.--In addition to any other requirements of this    
   section, any person who is required to register in a State shall provide
   notice as required under State law--                                    
       ``(i) of each institution of higher education in that State at which
   the person is employed, carries on a vocation, or is a student; and     
       ``(ii) of each change in enrollment or employment status of such    
   person at an institution of higher education in that State.             
       ``(B) Change in status.--A change in status under subparagraph      
   (A)(ii) shall be reported by the person in the manner provided by State 
   law. State procedures shall ensure that the updated information is      
   promptly made available to a law enforcement agency having jurisdiction 
   where such institution is located and entered into the appropriate State
   records or data system.                                                 
       ``(2) State reporting.--State procedures shall ensure that the      
   registration information collected under paragraph (1)--                
       ``(A) is promptly made available to a law enforcement agency having 
   jurisdiction where such institution is located; and                     
     ``(B) entered into the appropriate State records or data system.      

       ``(3) Request.--Nothing in this subsection shall require an         
   educational institution to request such information from any State.''.  
       (2) Effective date.--The amendment made by this subsection shall    
   take effect 2 years after the date of enactment of this Act.            
    (c)  Disclosures by Institutions of Higher Education.--               

       (1) In general.--Section 485(f)(1) of the Higher Education Act of   
   1965 (20 U.S.C. 1092(f)(1)) is amended by adding at the end the         
   following:                                                              
       ``(I) A statement advising the campus community where law           
   enforcement agency information provided by a State under section        
   170101(j) of the Violent Crime Control and Law Enforcement Act of 1994  
   (42 U.S.C. 14071(j)), concerning registered sex offenders may be        
   obtained, such as the law enforcement office of the institution, a local
   law enforcement agency with jurisdiction for the campus, or a computer  
   network address.''.                                                     

       (2) Effective date.--The amendment made by this subsection shall    
   take effect 2 years after the date of enactment of this Act.            
     (d) Amendment to Family Educational Rights and Privacy Act of        
  1974.--Section 444(b) of the General Education Provisions Act (20 U.S.C.
  1232g(b)), also known as the Family Educational Rights and Privacy Act  
  of 1974, is amended by adding at the end the following:                 
       ``(7)(A) Nothing in this section may be construed to prohibit an    
   educational institution from disclosing information provided to the     
   institution under section 170101 of the Violent Crime Control and Law   
   Enforcement Act of 1994 (42 U.S.C. 14071) concerning registered sex     
   offenders who are required to register under such section.              
       ``(B) The Secretary shall take appropriate steps to notify          
   educational institutions that disclosure of information described in    
   subparagraph (A) is permitted.''.                                       
          SEC. 1602. TEEN SUICIDE PREVENTION STUDY.                               

     (a) Short Title.--This section may be cited as the ``Teen Suicide    
  Prevention Act of 2000''.                                               
    (b)  Findings.--Congress finds that--                                 

       (1) measures that increase public awareness of suicide as a         
   preventable public health problem, and target parents and youth so that 
   suicide risks and warning signs can be recognized, will help to         
   eliminate the ignorance and stigma of suicide as barriers to youth and  
   families seeking preventive care;                                       
     (2) suicide prevention efforts in the year 2000 should--              

       (A) target at-risk youth, particularly youth with mental health     
   problems, substance abuse problems, or contact with the juvenile justice
   system;                                                                 
     (B) involve--                                                         

       (i) the identification of the characteristics of the at-risk youth  
   and other youth who are contemplating suicide, and barriers to treatment
   of the youth; and                                                       
     (ii) the development of model treatment programs for the youth;       

       (C) include a pilot study of the outcomes of treatment for juvenile 
   delinquents with mental health or substance abuse problems;             
       (D) include a public education approach to combat the negative      
   effects of the stigma of, and discrimination against individuals with,  
   mental health and substance abuse problems; and                         
       (E) include a nationwide effort to develop, implement, and evaluate 
   a mental health awareness program for schools, communities, and         
   families;                                                               
       (3) although numerous symptoms, diagnoses, traits, characteristics, 
   and psychosocial stressors of suicide have been investigated, no single 
   factor or set of factors has ever come close to predicting suicide with 
   accuracy;                                                               
       (4) research of United States youth, such as a 1994 study by        
   Lewinsohn, Rohde, and Seeley, has shown predictors of suicide, such as a
   history of suicide attempts, current suicidal ideation and depression, a
   recent attempt or completed suicide by a friend, and low self-esteem;   
   and                                                                     
     (5) epidemiological data illustrate--                                 

       (A) the trend of suicide at younger ages as well as increases in    
   suicidal ideation among youth in the United States; and                 
     (B) distinct differences in approaches to suicide by gender, with--   

     (i) 3 to 5 times as many females as males attempting suicide; and     

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

     (c) Purpose.--The purpose of this section is to provide for a study  
  of predictors of suicide among at-risk and other youth, and barriers    
  that prevent the youth from receiving treatment, to facilitate the      
  development of model treatment programs and public education and        
  awareness efforts.                                                      
     (d) Study.--Not later than 1 year after the date of enactment of this
  Act, the Secretary of Health and Human Services shall carry out,        
  directly or by grant or contract, a study that is designed to identify--
       (1) the characteristics of at-risk and other youth age 13 through 21
   who are contemplating suicide;                                          
       (2) the characteristics of at-risk and other youth who are younger  
   than age 13 and are contemplating suicide; and                          
       (3) the barriers that prevent youth described in paragraphs (1) and 
   (2) from receiving treatment.                                           
     (e) Authorization of Appropriations.--There are authorized to be     
  appropriated to carry out this section such sums as may be necessary.   
          SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH.                         

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

           DIVISION C--MISCELLANEOUS PROVISIONS                                    

          SEC. 2001. AIMEE'S LAW.                                                 

    (a)  Short Title.-- This section may be cited as ``Aimee's Law''.     

    (b)  Definitions.-- In this section:                                  

       (1) Dangerous sexual offense.--The term ``dangerous sexual offense''
   means any offense under State law for conduct that would constitute an  
   offense under chapter 109A of title 18, United States Code, had the     
   conduct occurred in the special maritime and territorial jurisdiction of
   the United States or in a Federal prison.                               
       (2) Murder.--The term ``murder'' has the meaning given the term in  
   part I of the Uniform Crime Reports of the Federal Bureau of            
   Investigation.                                                          
       (3) Rape.--The term ``rape'' has the meaning given the term in part 
   I of the Uniform Crime Reports of the Federal Bureau of Investigation.  
    (c)  Penalty.--                                                       

       (1) Single state.--In any case in which a State convicts an         
   individual of murder, rape, or a dangerous sexual offense, who has a    
   prior conviction for any one of those offenses in a State described in  
   paragraph (3), the Attorney General shall transfer an amount equal to   
   the costs of incarceration, prosecution, and apprehension of that       
   individual, from Federal law enforcement assistance funds that have been
   allocated to but not distributed to the State that convicted the        
   individual of the prior offense, to the State account that collects     
   Federal law enforcement assistance funds of the State that convicted    
   that individual of the subsequent offense.                              
       (2) Multiple states.--In any case in which a State convicts an      
   individual of murder, rape, or a dangerous sexual offense, who has a    
   prior conviction for any one or more of those offenses in more than one 
   other State described in paragraph (3), the Attorney General shall      
   transfer an amount equal to the costs of incarceration, prosecution, and
   apprehension of that individual, from Federal law enforcement assistance
   funds that have been allocated to but not distributed to each State that
   convicted such individual of the prior offense, to the State account    
   that collects Federal law enforcement assistance funds of the State that
   convicted that individual of the subsequent offense.                    
     (3)  State described.--A State is described in this paragraph if--    

       (A) the average term of imprisonment imposed by the State on        
   individuals convicted of the offense for which the individual described 
   in paragraph (1) or (2), as applicable, was convicted by the State is   
   less than the average term of imprisonment imposed for that offense in  
   all States; or                                                          
       (B) with respect to the individual described in paragraph (1) or    
   (2), as applicable, the individual had served less than 85 percent of   
   the term of imprisonment to which that individual was sentenced for the 
   prior offense.                                                          
      For purposes of subparagraph (B), in a State that has indeterminate  
   sentencing, the term of imprisonment to which that individual was       
   sentenced for the prior offense shall be based on the lower of the range
   of sentences.                                                           
     (d) State Applications.--In order to receive an amount transferred   
  under subsection (c), the chief executive of a State shall submit to the
  Attorney General an application, in such form and containing such       
  information as the Attorney General may reasonably require, which shall 
  include a certification that the State has convicted an individual of   
  murder, rape, or a dangerous sexual offense, who has a prior conviction 
  for one of those offenses in another State.                             
    (e)  Source of Funds.--                                               

       (1) In general.--Any amount transferred under subsection (c) shall  
   be derived by reducing the amount of Federal law enforcement assistance 
   funds received by the State that convicted such individual of the prior 
   offense before the distribution of the funds to the State. The Attorney 
   General shall provide the State with an opportunity to select the       
   specific Federal law enforcement assistance funds to be so reduced      
   (other than Federal crime victim assistance funds).                     
       (2) Payment schedule.--The Attorney General, in consultation with   
   the chief executive of the State that convicted such individual of the  
   prior offense, shall establish a payment schedule.                      
     (f) Construction.--Nothing in this section may be construed to       
  diminish or otherwise affect any court ordered restitution.             
     (g) Exception.--This section does not apply if the individual        
  convicted of murder, rape, or a dangerous sexual offense has been       
  released from prison upon the reversal of a conviction for an offense   
  described in subsection (c) and subsequently been convicted for an      
  offense described in subsection (c).                                    
    (h)  Report.--The Attorney General shall--                            

     (1) conduct a study evaluating the implementation of this section; and

       (2) not later than October 1, 2006, submit to Congress a report on  
   the results of that study.                                              
    (i)  Collection of Recidivism Data.--                                 

       (1) In general.--Beginning with calendar year 2002, and each        
   calendar year thereafter, the Attorney General shall collect and        
   maintain information relating to, with respect to each State--          
     (A) the number of convictions during that calendar year for--         

     (i) any dangerous sexual offense;                                     

     (ii) rape; and                                                        

     (iii) murder; and                                                     

       (B) the number of convictions described in subparagraph (A) that    
   constitute second or subsequent convictions of the defendant of an      
   offense described in that subparagraph.                                 
       (2) Report.--Not later than March 1, 2003, and on March 1 of each   
   year thereafter, the Attorney General shall submit to Congress a report,
   which shall include--                                                   

       (A) the information collected under paragraph (1) with respect to   
   each State during the preceding calendar year; and                      
       (B) the percentage of cases in each State in which an individual    
   convicted of an offense described in paragraph (1)(A) was previously    
   convicted of another such offense in another State during the preceding 
   calendar year.                                                          
     (j) Effective Date.-- This section shall take effect on January 1,   
  2002.                                                                   
          SEC. 2002. PAYMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.                 

    (a)  Payments.--                                                      

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

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

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

     (f) Amendments.--(1) Section 1610(f) of title 28, United States Code,
  is amended--                                                            
       (A) in paragraphs (2)(A) and (2)(B)(ii), by striking ``shall'' each 
   place it appears and inserting ``should make every effort to''; and     
     (B) by adding at the end the following new paragraph:                 

       ``(3) Waiver.--The President may waive any provision of paragraph   
   (1) in the interest of national security.''.                            
     (2) Subsections (b) and (d) of section 117 of the Treasury Department
  Appropriations Act, 1999 (as contained in section 101(h) of Public Law  
  105 277) are repealed.                                                  
          SEC. 2003. AID FOR VICTIMS OF TERRORISM.                                

     (a) Meeting the Needs of Victims of Terrorism Outside the United     
  States.--                                                               
       (1) In general.--Section 1404B(a) of the Victims of Crime Act of    
   1984 (42 U.S.C. 10603b(a)) is amended as follows:                       
    ``(a)  Victims of Acts of Terrorism Outside United States.--          

       ``(1) In general.-- The Director may make supplemental grants as    
   provided in 1402(d)(5) to States, victim service organizations, and     
   public agencies (including Federal, State, or local governments) and    
   nongovernmental organizations that provide assistance to victims of     
   crime, which shall be used to provide emergency relief, including crisis
   response efforts, assistance, training, and technical assistance, and   
   ongoing assistance, including during any investigation or prosecution,  
   to victims of terrorist acts or mass violence occurring outside the     
   United States who are not persons eligible for compensation under title 
   VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.  
     ``(2)  Victim defined.-- In this subsection, the term `victim'--      

       ``(A) means a person who is a national of the United States or an   
   officer or employee of the United States Government who is injured or   
   killed as a result of a terrorist act or mass violence occurring outside
   the United States; and                                                  
       ``(B) in the case of a person described in subparagraph (A) who is  
   less than 18 years of age, incompetent, incapacitated, or deceased,     
   includes a family member or legal guardian of that person.              
       ``(3) Rule of construction.--Nothing in this subsection shall be    
   construed to allow the Director to make grants to any foreign power (as 
   defined by section 101(a) of the Foreign Intelligence Surveillance Act  
   of 1978 (50 U.S.C. 1801(a)) or to any domestic or foreign organization  
   operated for the purpose of engaging in any significant political or    
   lobbying activities.''.                                                 
       (2) Applicability.--The amendment made by this subsection shall     
   apply to any terrorist act or mass violence occurring on or after       
   December 21, 1988, with respect to which an investigation or prosecution
   was ongoing after April 24, 1996.                                       
       (3) Administrative provision.--Not later than 90 days after the date
   of enactment of this Act, the Director shall establish guidelines under 
   section 1407(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10604(a))
   to specify the categories of organizations and agencies to which the    
   Director may make grants under this subsection.                         
       (4) Technical Amendment.--Section 1404B(b) of the Victims of Crime  
   Act of 1984 (42 U.S.C. 10603b(b)) is amended by striking                
   ``1404(d)(4)(B)'' and inserting ``1402(d)(5)''.                         
    (b)  Amendments to Emergency Reserve Fund.--                          

       (1) Cap increase.--Section 1402(d)(5)(A) of the Victims of Crime Act
   of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended by striking               
   ``$50,000,000'' and inserting ``$100,000,000''.                         
       (2) Transfer.--Section 1402(e) of the Victims of Crime Act of 1984  
   (42 U.S.C 10601(e)) is amended by striking ``in excess of $500,000'' and
   all that follows through ``than $500,000'' and inserting ``shall be     
   available for deposit into the emergency reserve fund referred to in    
   subsection (d)(5) at the discretion of the Director. Any remaining      
   unobligated sums''.                                                     
    (c)  Compensation to Victims of International Terrorism.--            

       (1) In general.--The Victims of Crime Act of 1984 (42 U.S.C. 10601  
   et seq.) is amended by inserting after section 1404B the following:     
          ``SEC. 1404C. COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM.       

    ``(a)  Definitions.--In this section:                                 

       ``(1) International terrorism.--The term `international terrorism'  
   has the meaning given the term in section 2331 of title 18, United      
   States Code.                                                            
       ``(2) National of the united states.--The term `national of the     
   United States' has the meaning given the term in section 101(a) of the  
   Immigration and Nationality Act (8 U.S.C. 1101(a)).                     
     ``(3)  Victim.--                                                      

     ``(A)  In general.--The term `victim' means a person who--            

       ``(i) suffered direct physical or emotional injury or death as a    
   result of international terrorism occurring on or after December 21,    
   1988 with respect to which an investigation or prosecution was ongoing  
   after April 24, 1996; and                                               
       ``(ii) as of the date on which the international terrorism occurred,
   was a national of the United States or an officer or employee of the    
   United States Government.                                               
       ``(B) Incompetent, incapacitated, or deceased victims.--In the case 
   of a victim who is less than 18 years of age, incompetent,              
   incapacitated, or deceased, a family member or legal guardian of the    
   victim may receive the compensation under this section on behalf of the 
   victim.                                                                 
       ``(C) Exception.--Notwithstanding any other provision of this       
   section, in no event shall an individual who is criminally culpable for 
   the terrorist act or mass violence receive any compensation under this  
   section, either directly or on behalf of a victim.                      

     ``(b) Award of Compensation.--The Director may use the emergency     
  reserve referred to in section 1402(d)(5)(A) to carry out a program to  
  compensate victims of acts of international terrorism that occur outside
  the United States for expenses associated with that victimization.      
     ``(c) Annual Report.--The Director shall annually submit to Congress 
  a report on the status and activities of the program under this section,
  which report shall include--                                            
       ``(1) an explanation of the procedures for filing and processing of 
   applications for compensation;                                          
       ``(2) a description of the procedures and policies instituted to    
   promote public awareness about the program;                             
       ``(3) a complete statistical analysis of the victims assisted under 
   the program, including--                                                
     ``(A) the number of applications for compensation submitted;          

       ``(B) the number of applications approved and the amount of each    
   award;                                                                  
       ``(C) the number of applications denied and the reasons for the     
   denial;                                                                 
       ``(D) the average length of time to process an application for      
   compensation; and                                                       
       ``(E) the number of applications for compensation pending and the   
   estimated future liability of the program; and                          
       ``(4) an analysis of future program needs and suggested program     
   improvements.''.                                                        
       (2) Conforming amendment.--Section 1402(d)(5)(B) of the Victims of  
   Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is amended by inserting ``,
   to provide compensation to victims of international terrorism under the 
   program under section 1404C,'' after ``section 1404B''.                 
     (d) Amendments to Victims of Crime Fund.--Section 1402(c) of the     
  Victims of Crime Act 1984 (42 U.S.C. 10601(c)) is amended by adding at  
  the end the following: ``Notwithstanding section 1402(d)(5), all sums   
  deposited in the Fund in any fiscal year that are not made available for
  obligation by Congress in the subsequent fiscal year shall remain in the
  Fund for obligation in future fiscal years, without fiscal year         
  limitation.''.                                                          
          SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT.                          

     (a) Shipment of Intoxicating Liquor in Violation of State Law.--The  
  Act entitled ``An Act divesting intoxicating liquors of their interstate
  character in certain cases'', approved March 1, 1913 (commonly known as 
  the ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended by adding at the end
  the following:                                                          
          ``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.                  

    ``(a)  Definitions.--In this section--                                

       ``(1) the term `attorney general' means the attorney general or     
   other chief law enforcement officer of a State or the designee thereof; 
       ``(2) the term `intoxicating liquor' means any spirituous, vinous,  
   malted, fermented, or other intoxicating liquor of any kind;            
       ``(3) the term `person' means any individual and any partnership,   
   corporation, company, firm, society, association, joint stock company,  
   trust, or other entity capable of holding a legal or beneficial interest
   in property, but does not include a State or agency thereof; and        
       ``(4) the term `State' means any State of the United States, the    
   District of Columbia, the Commonwealth of Puerto Rico, or any territory 
   or possession of the United States.                                     
     ``(b) Action by State Attorney General.--If the attorney general has 
  reasonable cause to believe that a person is engaged in, or has engaged 
  in, any act that would constitute a violation of a State law regulating 
  the importation or transportation of any intoxicating liquor, the       
  attorney general may bring a civil action in accordance with this       
  section for injunctive relief (including a preliminary or permanent     
  injunction) against the person, as the attorney general determines to be
  necessary to--                                                          
       ``(1) restrain the person from engaging, or continuing to engage, in
   the violation; and                                                      
     ``(2) enforce compliance with the State law.                          

    ``(c)  Federal Jurisdiction.--                                        

       ``(1) In general.--The district courts of the United States shall   
   have jurisdiction over any action brought under this section by an      
   attorney general against any person, except one licensed or otherwise   
   authorized to produce, sell, or store intoxicating liquor in such State.
       ``(2) Venue.--An action under this section may be brought only in   
   accordance with section 1391 of title 28, United States Code, or in the 
   district in which the recipient of the intoxicating liquor resides or is
   found.                                                                  
       ``(3) Form of relief.--An action under this section is limited to   
   actions seeking injunctive relief (a preliminary and/or permanent       
   injunction).                                                            
       ``(4) No right to jury trial.--An action under this section shall be
   tried before the court.                                                 
    ``(d)  Requirements for Injunctions and Orders.--                     

       ``(1) In general.--In any action brought under this section, upon a 
   proper showing by the attorney general of the State, the court may issue
   a preliminary or permanent injunction to restrain a violation of this   
   section. A proper showing under this paragraph shall require that a     
   State prove by a preponderance of the evidence that a violation of State
   law as described in subsection (b) has taken place or is taking place.  
       ``(2) Additional showing for preliminary injunction.--No preliminary
   injunction may be granted except upon--                                 
       ``(A) evidence demonstrating the probability of irreparable injury  
   if injunctive relief is not granted; and                                
     ``(B) evidence supporting the probability of success on the merits.   

       ``(3) Notice.--No preliminary or permanent injunction may be issued 
   under paragraph (1) without notice to the adverse party and an          
   opportunity for a hearing.                                              

       ``(4) Form and scope of order.--Any preliminary or permanent        
   injunction entered in an action brought under this section shall--      
     ``(A) set forth the reasons for the issuance of the order;            

     ``(B) be specific in terms;                                           

       ``(C) describe in reasonable detail, and not by reference to the    
   complaint or other document, the act or acts sought to be restrained;   
   and                                                                     
     ``(D) be binding upon--                                               

       ``(i) the parties to the action and the officers, agents, employees,
   and attorneys of those parties; and                                     
       ``(ii) persons in active concert or participation with the parties  
   to the action who receive actual notice of the order by personal service
   or otherwise.                                                           
       ``(5) Admissibility of evidence.--In a hearing on an application for
   a permanent injunction, any evidence previously received on an          
   application for a preliminary injunction in connection with the same    
   civil action and that would otherwise be admissible, may be made a part 
   of the record of the hearing on the permanent injunction.               
     ``(e) Rules of Construction.--This section shall be construed only to
  extend the jurisdiction of Federal courts in connection with State law  
  that is a valid exercise of power vested in the States--                
       ``(1) under the twenty-first article of amendment to the            
   Constitution of the United States as such article of amendment is       
   interpreted by the Supreme Court of the United States including         
   interpretations in conjunction with other provisions of the Constitution
   of the United States; and                                               
       ``(2) under the first section herein as such section is interpreted 
   by the Supreme Court of the United States; but shall not be construed to
   grant to States any additional power.                                   
    ``(f)  Additional Remedies.--                                         

       ``(1) In general.--A remedy under this section is in addition to any
   other remedies provided by law.                                         
       ``(2) State court proceedings.--Nothing in this section may be      
   construed to prohibit an authorized State official from proceeding in   
   State court on the basis of an alleged violation of any State law.      
          ``SEC. 3. GENERAL PROVISIONS.                                           

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

     Amend the title so as to read: ``An Act to combat trafficking in     
  persons, especially into the sex trade, slavery, and involuntary        
  servitude, to reauthorize certain Federal programs to prevent violence  
  against women, and for other purposes.''.                               


    And the Senate agree to the same.                                      


    Benjamin Gilman,                                                        

    Bill Goodling,                                                          

    Chris Smith,                                                            

    Henry J. Hyde,                                                          

    Nancy L. Johnson,                                                       

    Sam Gejdenson,                                                          

    Tom Lantos,                                                             

    Ben Cardin,                                                             

        Managers on the Part of the House.                                      


          From the Committee on the Judiciary:                          


    Orrin Hatch,                                                            

    Strom Thurmond,                                                         


          From the Committee on Foreign Relations:                      


    Jesse Helms,                                                            

    Sam Brownback,                                                          

    Joe Biden,                                                              

    Paul Wellstone,                                                         

        Managers on the Part of the Senate.                                     


                 JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE       

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

       The managers on the part of the House and the Senate at the         
   conference on the disagreeing votes of the two Houses on the amendment  
   of the Senate to the bill (H.R. 3244), an Act to combat trafficking of  
   persons, especially into the sex trade, slavery, and involuntary        
   servitude, in the United States and foreign countries, through          
   prevention, through prosecution and enforcement against traffickers, and
   through protection and assistance to victims of trafficking, submit the 
   following joint statement to the House and the Senate in explanation of 
   the effect of the action agreed upon by the managers and recommended in 
   the accompanying conference report:                                     
                  Sec. 1. Short Title; Table of contents                 

       Section 1 of the House bill states that this Act may be cited as the
   Trafficking Victims Protection Act of 2000 and lists its contents.      
   Section 1 of the Senate amendment is substantially identical to the     
   House provision. The conference agreement provides that this Act may be 
   cited as the Trafficking Victims Protection Act of 2000 and includes a  
   table of contents.                                                      
                      Sec. 2. Purposes and findings                      

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

                    meet the safe reintegration needs of trafficking victims; that
          in some countries, anti-trafficking efforts are hindered by official    
          indifference, corruption, and sometimes even official participation in  
          trafficking; that trafficking in persons is a matter of pressing        
          international concern, and that the United States must work bilaterally 
          and multilaterally to abolish trafficking and protect trafficking       
          victims. The House findings also include references to the Declaration  
          of Independence, the Universal Declaration of Human Rights, and numerous
          treaties and other international instruments.                           
       Section 2 of the Senate amendment contains identical purposes and   
   similar findings, with a more succinct set of references to             
   international agreements. Section 2 of the Senate amendment also        
   contains findings to the effect that victims of severe forms of         
   trafficking in persons should not be inappropriately incarcerated,      
   fined, or otherwise penalized, and that existing United States statutes 
   on involuntary servitude have been narrowly construed, in the absence of
   a definition by Congress, to exclude certain cases in which persons are 
   held in a condition of servitude by nonviolent coercion.                
       Section 2 of the conference agreement is substantially identical to 
   section 2 of the Senate amendment.                                      
                           sec. 3. definitions                           

       Section 3 of the House bill defines certain terms used in this Act. 
   ``Sex trafficking'' is defined as the purchase, sale, recruitment,      
   harboring, transportation, transfer, or receipt of a person for the     
   purpose of a commercial sex act. ``Severe forms of trafficking in       
   persons'' is defined as sex trafficking induced by force, coercion,     
   fraud, or deception, or involving a person under the age of 18, as well 
   as trafficking for the purpose of subjecting the trafficked person to   
   involuntary servitude, slavery, or slavery-like practices by force,     
   coercion, fraud, or deception. ``Slavery-like practices'' means         
   inducement of a person to perform labor or other services by force,     
   coercion, or by any scheme, plan, or pattern to cause the person to     
   believe that failure to perform the work will result in the infliction  
   of serious harm, debt bondage amounting to involuntary servitude, or    
   subjection to conditions so harsh or degrading as to provide a clear    
   indication that the person has been subjected to them by force, fraud,  
   or coercion. In the context of this bill, ``serious harm'' could include
   physical restraint that severely limits freedom of movement.            
   ``Coercion,'' as defined, includes the use of force, violence, and      
   physical restraint, as well as acts calculated to have the same effect  
   (such as the credible threat of serious harm). The House provision also 
   defines ``nonhumanitarian foreign assistance'' to include certain       
   assistance under the Foreign Assistance Act of 1961 and the             
   Export-Import Bank Act of 1945.                                         
       Section 3 of the Senate amendment contains definitions similar to   
   those in the House bill, with several exceptions. The Senate provision  
   defines ``debt bondage'' as a condition in which personal services are  
   pledged as security for a debt but in which either the reasonable value 
   of such services is not in fact applied to the debt or the length and   
   nature of such services are unlimited or undefined. The Senate          
   definitions do not use the term ``deception'' in the definition of      
   severe forms of trafficking. The Senate provision omits the House       
   definition of ``slavery-like practices'' because this term is not       
   contained elsewhere in the Senate bill. Instead, the Senate provision   
   makes clear that ``involuntary servitude'' includes a condition of      
   servitude induced by means of any act, scheme, plan, or pattern intended
   to cause a belief that serious harm or physical restraint would         
   otherwise occur, or by the abuse or threatened abuse of the legal       
   process and also includes a definition of ``coercion.'' The Senate      
   provision also includes definitions of ``State'' and ``United States''  
   which include the District of Columbia and United States territories and
   possessions. Finally, the Senate omits the definitions of ``act of a    
   severe form of trafficking'' and ``nonhumanitarian foreign assistance'' 
   contained in the House bill.                                            
       Section 3 of the conference agreement is similar to the Senate      
   provision, except that it includes a definition of ``nonhumanitarian,   
   nontrade-related foreign assistance'' similar to the definition         
   contained in the House provision, but excluding assistance under the    
   Export-Import Bank Act of 1945 and under title IV of chapter 2 of part I
   of the Foreign Assistance Act of 1961, relating to the Overseas Private 
   Investment Corporation. The conference agreement also includes a        
   definition of ``coercion'' corresponding to the definition included in  
   18 U.S.C. sec. 1591, added by section 12 of this Act, which provides for
   a criminal offense of sex trafficking.                                  
       In various sections, the conference agreement uses more general     
   terms such as ``trafficking'' or ``trafficking in persons'' rather than 
   the more limited term ``severe forms of trafficking in persons.'' In    
   such contexts, these terms are intended to be used in a more general    
   sense, giving the President and other officials some degree of          
   discretion to apply the relevant provisions to a broader range of       
   actions or victims beyond those associated with severe forms of         
   trafficking in persons. Such discretion is particularly appropriate in  
   assistance to and protection of victims, because trafficked women and   
   children may have a compelling need for such assistance and protection  
   even though they have not been subjected to severe forms of trafficking.
   In this connection, the conference agreement includes a definition of   
   ``victims of trafficking'' that would encompass a broader class of      
   victims in certain programs. Where, however, this Act uses the term     
   ``victims of severe forms of trafficking,'' even in provisions related  
   to protection and assistance, the application of such provisions is     
   limited to such victims.                                                
         sec. 4. annual country reports on human rights practices        

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

                    the required reporting in the Country Reports to severe forms 
          of trafficking in persons, but gives the Secretary of State discretion  
          to include such other information on trafficking as the Secretary deems 
          appropriate. As with other human rights violations, the extent to which 
          trafficking in persons is discussed in the Country Report for a         
          particular country should be commensurate with the extent of the problem
          in such country.                                                        
     sec. 5. interagency task force to monitor and combat trafficking    

       Section 5 of the House bill provides that the President shall       
   establish an Inter-Agency Task Force to Monitor and Combat Trafficking  
   and authorizes the establishment an Office in the State Department to   
   provide assistance to the Task Force. Section 5 of the Senate provision 
   is substantially identical to the House provision, except that it       
   requires the Task Force, beginning in 2002, to publish an annual list of
   countries which do not meet the minimum standards set forth in section  
   8, and authorizes interim reports with respect to such countries.       
   Section 5 of the conference agreement is substantially identical to the 
   House provision, although the conference agreement does provide in      
   section 10 for annual and interim reports on countries whose governments
   do not comply with the minimum standards. It also provides that the Task
   Force will have primary responsibility for advising the Secretary of    
   State on preparation of the reports in section 10.                      
                    sec. 6. prevention of trafficking                    

       Section 6 of the House bill charges the President, acting through   
   the Agency for International Development and other agencies and in      
   consultation with appropriate non-governmental organizations, with      
   establishing initiatives to enhance economic opportunity for potential  
   trafficking victims as a means of deterring trafficking, such as        
   microcredit lending programs, training, and education. It also directs  
   the President to establish programs to increase public awareness of the 
   dangers of trafficking and the protections available to victims. Section
   6 of the of the Senate amendment is substantially identical to section 6
   of the House bill. Section 6 of the conference agreement is identical to
   the Senate provision.                                                   
       sec. 7. protection and assistance for victims of trafficking      

       Subsection 7(a) of the House bill charges the State Department and  
   the Agency for International Development (AID) with establishing        
   programs and initiatives in foreign countries to assist victims of      
   trafficking. Subsection 7(a) of the Senate amendment is substantially   
   identical to the House provision. Subsection 7(a) of the conference     
   agreement is identical to the Senate provision, except that all         
   authorities are vested in the President.                                
       Subsection 7(b) of the House bill directs the Attorney General, the 
   Secretaries of Labor and of Health and Human Services, and the Board of 
   Directors of the Legal Services Corporation to expand assistance to     
   victims of severe forms of tafficking in the United States. The         
   provision makes clear that for the purpose of receiving benefits, a     
   ``victim of a severe form of trafficking'' means only a person who has  
   been subjected to such trafficking and who either has not obtained the  
   age of 15 years or is the subject of a certification that he or she (1) 
   is willing to assist in every reasonable way in the investigation and   
   prosecution of severe forms of trafficking in persons, and (2) either   
   has made a bona fide application for a visa under the provisions of     
   immigration law added by section 7(f), or is a person whose presence in 
   the United States the Attorney General is ensuring in order to          
   effectuate prosecution of traffickers. In addition, the section makes   
   victims of severe forms of trafficking in the United States eligible for
   benefits under the Crime Victims Fund without regard to their           
   immigration status, and allows the Attorney General to make grants to   
   local governments and nonprofit organizations to expand services for    
   victims of trafficking. It also provides trafficking victims a civil    
   right of action against traffickers for violations of 18 U.S.C. 1589    
   (trafficking into slavery-like conditions) or 1589A (sex trafficking of 
   children or by force, fraud, or coercion).                              
       Subsection 7(b) of the Senate amendment is similar to the House     
   provision except that it does not contain the certification requirement 
   as a condition on eligibility for benefits. It also contains no         
   reference to the Crime Victims Fund and does not provide a civil right  
   of action.                                                              
       Subsection 7(b) of the conference agreement contains the            
   certification requirement for benefit eligibility. The conference       
   agreement, however, requires a certification only for victims who have  
   attained the age of 18 years. This subsection of the conference         
   agreement is similar to the Senate provision in that it provides no     
   civil right of action. The conferees emphasize that nothing in this Act 
   will preclude trafficking victims from availing themselves of applicable
   State, local or other Federal laws in seeking compensatory or other     
   damages and relief in any civil proceeding. The House provision making  
   victims eligible for benefits under the Crime Victims Fund has been     
   deleted as unnecessary, because current law does not bar such victims   
   from receiving such benefits on account of their immigration status. The
   conferees expect that the Office of Victims of Crimes will provide      
   assistance to these victims, even though this provision was deleted. In 
   addition, the conferees believe that in making grants under this        
   section, the Attorney General and other federal officials should        
   consider whether the prospective grantee denies services to a           
   trafficking victim solely on account of conduct incident to that        
   person's status as a victim.                                            
       Subsection 7(c) of the House bill requires the Attorney General and 
   the Secretary of State to promulgate regulations to ensure that: (1)    
   victims of severe forms of trafficking are provided with appropriate    
   shelter and care while in Federal custody; (2) victims are not jailed or
   fined merely because they were trafficked; (3) victims have access to   
   legal assistance and translation services; (4) victims are assured      
   continuous presence in the United States to assist in the prosecution of
   traffickers; and (5) State and Justice Department personnel are trained 
   in identifying and protecting victims of severe forms of trafficking.   
       Subsection 7(c) of the Senate amendment is similar to the House     
   provision, with to principal exceptions. First, it does not require     
   regulations that explicitly prohibit incarceration, fines, or other     
   penalties against victims on account of their having been trafficked.   
   Instead, it requires regulations that prohibit the detention of victims 
   in facilities inappropriate to their status as crime                    

                    victims. Second, it requires regulations under which the      
          Attorney General ``may'' ensure the continued presence of a person in   
          the United States in order to effectuate prosecution of traffickers if  
          the person is both a victim and a potential witness.                    
       Subsection 7(c) of the Senate conference agreement is substantially 
   identical to the Senate provision. The conferees believe that the House 
   provision with respect to jailing, fining, or otherwise penalizing      
   victims of serious crimes on account of their status as crime victims or
   on account of conduct committed under duress incident to such status    
   restates existing criminal law and is therefore unnecessary. The        
   conferees also believe that training provided to State Department and   
   Justice Department personnel should include methods for achieving       
   antitrafficking objectives through nondiscriminatory application of     
   immigration laws and others laws.                                       
       Subsection 7(d) of the House bill makes clear that nothing in       
   subsection (c) creates a private cause of action against the United     
   States or its employees. Subsection 7(d) of the Senate amendment is     
   identical to the House provision. Subsection 7(d) of the conference     
   agreement is identical to both provisions.                              
       Subsection 7(e) of the House bill makes funds derived from the sale 
   of assets seized from and forfeited by traffickers (pursuant to section 
   12(a) of the House bill) available for the victim assistance under      
   subsections (a) and (b). The Senate amendment contains no corresponding 
   provision. The conference agreement is identical to the Senate          
   amendment.                                                              
       Section 7(f) of the House bill creates a new nonimmigrant ``T'' visa
   for certain victims of severe forms of trafficking. Eligibility would be
   limited to persons who: (1) are victims of a severe form of trafficking 
   in persons, as defined in section 3 of the act; (2) are in the United   
   States or at a United States port of entry by reason of having been     
   trafficked here; (3) are no older than 14 years of age or were induced  
   to participate in the sex trade or slavery-like practices by force,     
   coercion, fraud, or deception, did not voluntarily agree to any         
   arrangement including such participation, and have complied with any    
   reasonable request for assistance in the investigation or prosecution of
   trafficking acts; and (4) have a well-founded fear of retribution       
   involving the infliction of severe harm upon removal from the United    
   States or would suffer extreme hardship in connection with the          
   trafficking upon removal from the United States. It also permits the    
   Attorney General to grant a ``T'' visa if necessary to avoid extreme    
   hardship to the victim's spouse, sons and daughters (who are not        
   children), and the parents if the victim is under 21 years old. A       
   victim's children who are unmarried and under 21 years old need not     
   establish extreme hardship to receive a ``T'' visa. It precludes anyone 
   in this section from receiving a ``T'' visa if there is substantial     
   reason to believe that the person has committed an act of a severe form 
   of trafficking in persons. The House provision permits the Attorney     
   General to waive grounds of inadmissibility, including health-related   
   grounds, public charge, and, with the exception of security,            
   international child abduction, and former citizens who renounced        
   citizenship to avoid taxation, any other provision of section 212(a) of 
   the INA if the activities rendering the alien inadmissible were caused  
   by the trafficking. It states that the INS is not prohibited from       
   instituting removal proceedings against an alien admitted with a ``T''  
   visa for conduct committed after the alien's admission into the United  
   States, or for conduct or a condition that was not disclosed to the     
   Attorney General prior to the alien's admission. The House provision    
   also places an annual cap of 5,000 on ``T'' visas for trafficking       
   victims. Finally, the House provision permits the Attorney General to   
   adjust the status of a ``T'' visa holder to that of a permanent resident
   if the alien: (1) has been physically present in the United States for a
   continuous period of at least 3 years since the date of admission; (2)  
   has throughout such period been a person of good moral character; (3)   
   has during such period complied with any reasonable request for         
   assistance in the investigation or prosecution of trafficking acts; and 
   (4) has a well-founded fear of retribution involving the infliction of  
   severe harm upon removal from the United States, or would suffer extreme
   hardship in connection with the trafficking upon removal from the United
   States. It also permits the Attorney General to adjust the status of the
   victim's spouse, parents, and married and unmarried sons and daughters, 
   if admitted with a ``T'' visa, to that of an alien lawfully admitted for
   permanent residence. An annual cap of 5,000 is placed on adjustments of 
   status for victims. The provision also permits the Attorney General to  
   waive grounds of inadmissibility, including health-related grounds,     
   public charge, and, with the exception of security, international child 
   abduction, and former citizens who renounced citizenship to avoid       
   taxation, any other provision of section 212(a) of the INA if the       
   activities rendering the alien inadmissible were caused by the          
   trafficking.                                                            
       Subsections 7(e) and (f) of the Senate amendment are similar to     
   section 7(f) of the House bill. The Senate provision allows victims who 
   meet all other eligibility requirements for the ``T'' visa to make a    
   showing of ``extreme hardship'' whether or not such hardship is ``in    
   connection with the victimization.'' The Senate provision also makes a  
   victim's spouse and minor children eligible for visas only on a showing 
   that their presence in the United States would be ``necessary to avoid  
   extreme hardship.'' The Senate provision makes a victim's parents       
   eligible for visas only if the victim is under the age of 21, and       
   provides no eligibility for a victim's sons and daughters who are not   
   minor children. The Senate provision contained no annual limitation on  
   the number of nonimmigrant visas or on the number of persons eligible to
   adjust status to permanent residence. The Senate provision allowing to  
   waive grounds of inadmissibility was broader than the House provision,  
   allowing waivers of all grounds except participation in Nazi            
   persecution, genocide, and related grounds.                             
       Subsections 7(e) and (f) of the conference agreement are similar to 
   the House bill but incorporate elements of the Senate amendment. The    
   conferees believe that an applicant who voluntarily agrees to be        
   smuggled into the United States in exchange for working to pay off the  
   smuggling fee is not eligible for the ``T'' visa, unless the applicant  
   becomes a victim of a severe form of trafficking in persons as defined  
   by the Act. The conference provision requires that a victim would face  
   ``extreme hardship involving unusual and severe harm'' upon removal as  
   an element in establishing eligibility for a visa. The conferees expect 
   that the Immigration and Naturalization Service and the Executive Office
   for Immigration Review will interpret the ``extreme hardship involving  
   unusual and severe harm'' to be a higher standard than just ``extreme   
   hardship.'' The standard shall cover those cases where a victim likely  
   would face genuine and serious hardship if removed from the United      
   States, whether or not the severe harm is physical harm or on account of
   having been trafficked. The extreme hardship shall involve more than the

                    normal economic and social disruptions involved in            
          deportation. The conference provision is also similar to the Senate     
          provision in requiring a showing of extreme hardship for the admission  
          of a victim's spouse and minor children and in containing no provision  
          for admission of adult sons and daughters. The conference provision is  
          identical to the House provision with respect to waivers of grounds of  
          inadmissibility.                                                        
       The conference agreement limits the number of nonimmigrant visas to 
   5000 per year and also contains an annual limit of 5000 on the number of
   ``T'' visa holders who are eligible to adjust their status to lawful    
   permanent residence. The conference provision also adds a new subsection
   (g), directing the Immigration and Naturalization Service to report     
   annually on whether any otherwise eligible applicant has been denied a  
   visa or adjustment of status solely on account of the annual limitation.
   The conferees expect that this report will list the number of visa and  
   adjustment applications filed, the number of denials for any reason, and
   the number denied on account of the annual limitation. The conferees    
   believe that the annual limitation of 5000 is sufficient to include all 
   bona fide victims of severe forms of trafficking in persons who meet all
   other eligibility requirements. If experience should indicate that the  
   number is insufficient to include all such bona fide eligible victims,  
   it would be appropriate for Congress to consider enacting legislation to
   increase the annual limitation.                                         
       Sec. 8. Minimum standards for the elimination of trafficking      

       Section 8 of the House bill establishes minimums standards          
   applicable to governments of countries that are countries of origin,    
   transit, or destination for a significant number of victims of severe   
   forms of trafficking in persons. The section provides that such         
   governments should enact laws that prohibit and severely punish such    
   trafficking and should make serious and sustained efforts to eliminate  
   such trafficking. The section sets forth a number of indicia of such    
   serious and sustained efforts, including vigorous prosecution of        
   offenders, protection of victims, education of the public and of        
   potential victims, and cooperation with international efforts to stop   
   trafficking. Section 8 of the Senate amendment is substantially similar 
   to the House provision. Section 8 of the conference agreement is        
   substantially similar to the House and Senate provisions. The conferees 
   do not expect that a government would be required to fulfill all the    
   criteria in subsection 8(b) in order to be making ``serious and         
   sustained efforts'' to eliminate severe forms of trafficking in persons.
   Rather, the subsection requires only that the Secretary consider these  
   factors in determining whether the government is making such efforts.   
   Sec. 9. Assistance to foreign countries to meeting minimum standards  

       Section 9 of the House bill authorizes the Agency for International 
   Development to fund activities designed to help foreign countries meet  
   the minimum standards outlined in section 8(a) of this Act. Such        
   activities include, but are not limited to, assistance in drafting      
   anti-trafficking legislation, training law enforcement and judicial     
   system officials in the investigation and prosecution of trafficking    
   cases, and efforts by foreign governments to assist victims. Section 9  
   of the Senate amendment is similar to the House provision but makes     
   clear that such activities may be conducted through nongovernmental or  
   multilateral organizations and may include the expansion of exchange    
   programs and international visitor programs. Section 9 of the conference
   agreement is substantially identical to the Senate provision.           
  sec. 10. Actions against governments failing to meet minimum standards 

       Section 10 of the House bill requires the Secretary of State to     
   submit to Congress an annual report on the status of severe forms of    
   trafficking, consisting of a list of countries that do not meet the     
   minimum standards set forth in section 8 of the Act, together with such 
   other information as the Secretary may wish to provide. The section     
   provides that the Secretary may also file interim reports. Beginning in 
   FY 2002, the section requires that for each government that fails to    
   meet the minimum standards, the President ``shall'' either (a) withhold 
   nonhumanitarian U.S. foreign assistance to that government and direct   
   that the U.S. executive directors of multilateral lending instutions    
   vote against nonhumanitarian assistance to that government during the   
   following fiscal year; or (b) waive these requirements if the President 
   finds that the provision of nonhumanitarian assistance to that country  
   is in the national interest of the United States.                       
       Section 10 of the Senate amendment provides that, with respect to   
   each country that does not meet the minimum standards set forth in      
   section 8, the President ``may'' take any of a number of actions,       
   including withholding foreign assistance, instructing the U.S. executive
   directors of multilateral lending institutions to vote against loans or 
   assistance to such countries, prohibiting arms sales, and restricting   
   exports to such countries.                                              
       Section 10 of the conference agreement is similar to the Senate     
   provision with respect to countries whose governments do not comply with
   the minimum standards but are making significant efforts to bring       
   themselves into compliance, in that is contains no provision for actions
   against such countries, thereby leaving the President free to take no   
   action or to take any action that is within the President's discretion  
   under current law. This section of the conference agreement is similar  
   to the House provision only with respect to countries whose governments 
   not only fail to comply with the minimum standards, but also fail to    
   make significant efforts to comply with such standards. With respect to 
   this small number of truly egregious offenders, the conference agreement
   contains a provision similar to the House bill, but with the following  
   additional limitations: (1) The requirement that the President either   
   withhold assistance to the foreign government or waive the withholding  
   requirement is limited to assistance which is ``nonhumanitarian'' and   
   also ``nontrade-related.'' (2) Similarly, the provision with respect to 
   international financial institutions is limited to non-humanitarian,    
   nontrade-related loans and other utilizations of funds. For the purposes
   of this provision, the conferees consider humanitarian assistance to    
   include debt relief extended by international financial institutions to 
   governments in order to allow such governments to meet the basic needs  
   of the people of their countries. (3) The President may waive these     
   requirements if a waiver would promote the purposes of this Act, such as
   in a case in which the President believes providing assistance will     
   cause the offending government to attempt to comply with the minimums   
   standards. (4) The President may also waive the requirements if for any 
   other reason he believes a waiver to be in                              

                    the national interest. (5) The President may use the waiver   
          authority with respect to all assistance and extensions of credit to a  
          government or with respect to any subset of such assistance or          
          extensions of credit. (6) The President must use the waiver authority as
          necessary to avoid substantial adverse impact on vulnerable populations 
          including women and children. (7) In lieu of notifying Congress that aid
          will be withdrawn or that one of the waiver authorities granted by this 
          section will be used, the President may notify Congress that the        
          government of a country is already subject to broad-based reductions in 
          assistance due to human rights violations and that no additional        
          measures are deemed appropriate. Finally, (8) the requirement will not  
          go into effect until 2003. The three-year delay in implementation of    
          this provision is intended to give foreign governments time to begin    
          making efforts to comply with the minimum standards. The conferees      
          emphasize that the provisions of this Act clearly require that in       
          assessing the records of foreign governments with respect to the minimum
          standards for the elimination of trafficking, the President and other   
          executive branch officials must not limit their scrutiny to the         
          governments of countries of origin for victims of severe forms of       
          trafficking in persons, but must apply equally close scrutiny to the    
          governments of transit countries and countries of destination for such  
          victims.                                                                
       sec. 11. actions against significant traffickers in persons       

       Section 11 of the House bill authorizes the Secretary of State to   
   compile and publish a list of foreign persons who have a significant    
   role in a severe form of trafficking in persons, directly or indirectly 
   in the United States, who materially support such persons, or who are   
   owned or controlled by such persons. It allows the President to impose  
   International Emergency Economic Power Acts (IEEPA) sanctions, including
   the freezing of assets located in the United States, without regard to  
   section 202 of such Act against any foreign person on that list, and    
   requires that the President report to Congress on any such sanctions. It
   also allows for the non-disclosure of persons on the list for           
   intelligence and law enforcement reasons, and requires that Congress be 
   notified of such exclusions on an annual basis. Subsection 11(e)        
   excludes significant traffickers, persons who knowingly assist them, and
   their spouses, sons, and daughters who knowingly benefit from the       
   proceeds of their trafficking activities, from entry into the United    
   States. This approach is similar to that adopted by the Foreign         
   Narcotics Kingpin Designation Act, enacted in Title VIII of the         
   Intelligence Authorization Act of 2000, P.L. 106 120.                   
       Section 11 of the Senate amendment is similar to the House provision
   in that it provides authority to the President to block assets and      
   transactions of foreign persons who were traffickers in persons and     
   foreign persons who materially assist or are owned, controlled or       
   directed by such persons. The House bill and the Senate amendment also  
   include similar provisions for compiling lists of such persons and for  
   reporting on what persons were subject to the authority to block assets 
   and transactions. Finally, the Senate section also includes a provision 
   similar to the House amendment to the Immigration and Nationality Act   
   making inadmissible persons subject to blocking under section 11 as well
   as spouses, sons and daughters who had obtained financial benefit from  
   such persons and who knew or should have known that the financial       
   benefit was the product of trafficking in persons.                      
       Section 11 of the conference agreement is similar in substance to   
   the House and Senate provisions. The conferees determined that in light 
   of the discretionary character of both proposals, a streamlined         
   provision for designating and reporting on persons subject to the       
   section was warranted, with all authority vested in the President rather
   than in other executive branch officials. A provision was added         
   explicitly providing the President authority to delegate any            
   responsibility. While the provision explicitly refers to the authority  
   to make derivative designations, the conferees intend that any authority
   or responsibility in this section may be delegated. The conferees expect
   that a substantial part of this authority will be delegated to the      
   Secretary of the Treasury, since the Office of Foreign Assets Control   
   within the Department of the Treasury is responsible for administering  
   other blocking programs. However, the conferees also expect that the    
   delegation of authority under section 11 or regulations promulgated to  
   implement this section will ensure that appropriate agencies such as the
   Departments of State and Justice are involved in the designation process
   contemplated under this section.                                        
       The conferees remain concerned regarding administrative actions that
   may seriously affect the livelihood of persons subject to such actions  
   but that are not subject to a hearing prior to their application. The   
   conferees have been assured that blocking authority of this type is     
   generally exercised only on persons who have most of their assets       
   abroad, and the chief effect of blocking orders is to prohibit U.S.     
   persons from engaging in transactions with such persons. While this     
   assurance decreases the concern of the conferees that the provisions may
   inadvertently be used against an innocent person who would then be      
   unable to use any of his or her assets to live during a challenge to a  
   determination, the conferees included a provision requiring the agency  
   administering this section to provide an expedited process for hearing  
   from any person subject to this section, including any designation made 
   directly by the President. It also provides that nothing in this section
   precludes judicial review of determinations under this section. The     
   conferees recognize, however, that courts will give significant         
   deference to a foreign policy determination of the President, which     
   would be basis for making determinations under this section.            
       Finally, several of the conferees raised concerns regarding the     
   provision making certain spouses and children of traffickers            
   inadmissible. In order to address these concerns, the conference        
   agreement contains an exception for sons and daughters who were minor   
   children at the time they received a benefit from trafficking           
   enterprises.                                                            
     sec. 12. strengthening prosecution and punishment of traffickers    

       Section 12 of the House bill amends chapter 77 of title 18 of the   
   United States Code to increase penalties for involuntary servitude and  
   other existing crimes, adds several new criminal violations in the areas
   of trafficking in persons, and amends the sentencing guidelines related 
   to these crimes. Subsection (a) increases the penalties for involuntary 
   servitude, peonage and other existing crimes from 10 years to 20 years  
   and provides for life imprisonment if the violation includes kidnaping, 
   aggravated sexual abuse or an attempt to kill. Subsection (a) also adds 
   several new crimes to title 18. Section 1589 creates a new crime of     
   forced labor for persons who knowingly provide or obtain the labor or   
   services of a person by threats of serious harm to, or physical         
   restraint against that person or another; by use of fraud, deceit or    
   misrepresentation if                                                    

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

                    there is evidence that a trafficker intended to commit such a 
          crime and withheld or destroyed immigration or identification documents 
          for the purpose of preventing the trafficking victim from escaping.     
          Finally, the conference agreement contains provisions similar to the    
          Senate bill regarding mandatory restitution, general provisions, and    
          sentencing guidelines.                                                  
                 sec. 13. authorization of appropriations                

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

    The Violence Against Women Act of 2000 accomplishes two basic things:  

       First, the bill reauthorizes through Fiscal Year 2005 the key       
   programs included in the original Violence Against Women Act, such as   
   the STOP, Pro-Arrest, Rural Domestic Violence and Child Abuse           
   Enforcement, and campus grants; battered women's shelters; the National 
   Domestic Violence Hotline; rape prevention and education grant programs;
   and three victims of child abuse programs, including the court-appointed
   special advocate program (CASA).                                        
       Second, the Violence Against Women Act of 2000 makes some targeted  
   improvements that our experience with the original Act has shown to be  
   necessary, such as--                                                    
       (1) Authorizing grants for legal assistance for victims of domestic 
   violence, stalking, and sexual assault;                                 
    (2) Providing funding for transitional housing assistance;             

       (3) Improving full faith and credit enforcement and computerized    
   tracking of protection orders;                                          
       (4) Strengthening and refining the protections for battered         
   immigrant women;                                                        
       (5) Authorizing grants for supervised visitation and safe visitation
   exchange of children between parents in situations involving domestic   
   violence, child abuse, sexual assault, or stalking; and                 
       (6) Expanding several of the key grant programs to cover violence   
   that arises in dating relationships.                                    
       We append to this joint statement a section by section analysis of  
   the bill and a more detailed section by section analysis of the         
   provisions contained in Title V, which addresses the plight of battered 
   immigrant women.                                                        

                     DIVISION B--THE VIOLENCE AGAINST WOMEN ACT OF 2000           

                        section-by-section summary                       

           Sec. 1001. Short Title                                                  

    Names this division the Violence Against Women Act of 2000.            

           Sec. 1002. Definitions                                                  

       Restates the definitions ``domestic violence'' and ``sexual         
   assault'' as currently defined in the STOP grant program.               
           Sec. 1003. Accountability and Oversight                                 

       Requires the Attorney General or Secretary of Health and Human      
   Services, as applicable, to require grantees under any program          
   authorized or reauthorized by this division to report on the            
   effectiveness of the activities carried out. Requires the Attorney      
   General or Secretary, as applicable, to report biennially to the Senate 
   and House Judiciary Committees on these grant programs.                 
           TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

                      Sec. 1101. Improving Full Faith and Credit Enforcement of    
           Protection Orders                                                       
       Helps states and tribal courts improve interstate enforcement of    
   protection orders as required by the original Violence Against Women Act
   of 1994. Renames Pro-Arrest Grants to expressly include enforcement of  
   protection orders as a focus for grant program funds, adds as a grant   
   purpose technical assistance and use of computer and other equipment for
   enforcing orders; instructs the Department of Justice to identify and   
   make available information on promising order enforcement practices;    
   adds as a funding priority the development and enhancement of data      
   collection and sharing systems to promote enforcement of protection     
   orders.                                                                 
       Amends the full faith and credit provision in the original Act to   
   prohibit requiring registration as a prerequisite to enforcement of     
   out-of-state orders and to prohibit notification of a batterer without  
   the victim's consent when an out-of-state order is registered in a new  
   jurisdiction. Requires recipients of STOP and Pro-Arrest grant funds, as
   a condition of funding, to facilitate filing and service of protection  
   orders without cost to the victim in both civil and criminal cases.     
       Clarifies that tribal courts have full civil jurisdiction to enforce
   protection orders in matters arising within the authority of the tribe. 
                      Sec. 1102. Enhancing the Role of Courts in Combating Violence
           Against Women                                                           
       Engages state courts in fighting violence against women by targeting
   funds to be used by the courts for the training and education of court  
   personnel, technical assistance, and technological improvements. Amends 
   STOP and Pro-Arrest grants to make state and local courts expressly     
   eligible for funding and dedicates 5 percent of states' STOP grants for 
   courts.                                                                 
           Sec. 1103. STOP Grants Reauthorization                                  

       Reauthorizes through 2005 this vital state formula grant program    
   that has succeeded in bringing police and prosecutors in close          
   collaboration with victim services providers into the fight to end      
   violence against women. (``STOP'' means ``Services and Training for     
   Officers and Prosecutors''). Preserves the original Act's allocations of
   states' STOP grant funds of 25 percent to police and 25 percent to      
   prosecutors, but increases grants to victim services to 30 percent (from
   25 percent), in addition to the 5 percent allocated to state, tribal,   
   and local courts.                                                       
       Sets aside five percent of total funds available for State and      
   tribal domestic violence and sexual assault coalitions and increases the
   allocation for Indian tribes to 5 percent (up from 4 percent in the     
   original Act).                                                          
       Amends the definition of ``underserved populations'' and adds       
   additional purpose areas for which grants may be used.                  
       Authorization level is $185 million/year (FY 2000 appropriation was 
   $206.75 million (including a $28 million earmark for civil legal        
   assistance)).                                                           
           Sec. 1104. Pro-Arrest Grants Reauthorization                            

       Extends this discretionary grant program through 2005 to develop and
   strengthen programs and policies that mandate and encourage police      
   officers to arrest abusers who commit acts of violence or violate       
   protection orders.                                                      

       Sets aside 5 percent of total amounts available for grants to Indian
   tribal governments.                                                     
       Authorization level is $65 million/year (FY 2000 appropriation was  
   $34 million).                                                           
                      Sec. 1105. Rural Domestic Violence and Child Abuse           
           Enforcement Grants Reauthorization                                      
       Extends through 2005 these direct grant programs that help states   
   and local governments focus on problems particular to rural areas.      
       Sets aside 5 percent of total amounts available for grants to Indian
   tribal governments.                                                     
       Authorization level is $40 million/year (FY 2000 appropriation was  
   $25 million).                                                           
                      Sec. 1106. National Stalker and Domestic Violence Reduction  
           Grants Reauthorization                                                  
       Extends through 2005 this grant program to assist states and local  
   governments in improving databases for stalking and domestic violence.  
       Authorization level is $3 million/year (FY 1998 appropriation was   
   $2.75 million).                                                         
           Sec. 1107. Clarify Enforcement to End Interstate Battery/Stalking       

       Clarifies federal jurisdiction to ensure reach to persons crossing  
   United States borders as well as crossing state lines by use of         
   ``interstate or foreign commerce language.'' Clarifies federal          
   jurisdiction to ensure reach to battery or violation of specified       
   portions of a protection order before travel to facilitate the          
   interstate movement of the victim. Makes the nature of the ``harm''     
   required for domestic violence, stalking, and interstate travel offenses
   consistent by removing the requirement that the victim suffer actual    
   physical harm from those offenses that previously had required such     
   injury.                                                                 
       Resolves several inconsistencies between the protection order       
   offense involving interstate travel of the offender, and the protection 
   order offense involving interstate travel of the victim.                
       Revises the definition of ``protection order'' to clarify that      
   support or child custody orders are entitled to full faith and credit to
   the extent provided under other Federal law--namely, the Parental       
   Kidnaping Prevention Act of 1980, as amended.                           
       Extends the interstate stalking prohibition to cover interstate     
   ``cyber-stalking'' that occurs by use of the mail or any facility of    
   interstate or foreign commerce, such as by telephone or by computer     
   connected to the Internet.                                              
           Sec. 1108. School and Campus Security                                   

       Extends the authorization through 2005 for the grant program        
   established in the Higher Education Amendments of 1998 and administered 
   by the Justice Department for grants for on-campus security, education, 
   training, and victim services to combat violence against women on       
   college campuses. Incorporates ``dating violence'' into purpose areas   
   for which grants may be used. Amends the definition of ``victim         
   services'' to include public, nonprofit organizations acting in a       
   nongovernmental capacity, such as victim services organizations at      
   public universities.                                                    
       Authorization level is $10 million/year (FY 2000 STOP grant         
   appropriation included a $10 million earmark for this use).             
       Authorizes the Attorney General to make grants through 2003 to      
   states, units of local government, and Indian tribes to provide improved
   security, including the placement and use of metal detectors and other  
   deterrent measures, at schools and on school grounds.                   
    Authorization level is $30 million/year.                               

           Sec. 1109. Dating Violence                                              

       Incorporates ``dating violence'' into certain purpose areas for     
   which grants may be used under the STOP, Pro-Arrest, and Rural Domestic 
   Violence and Child Abuse Enforcement grant programs. Defines ``dating   
   violence'' as violence committed by a person: (A) who is or has been in 
   a social relationship of a romantic or intimate nature with the victim; 
   and (B) where the existence of such a relationship shall be determined  
   based on consideration of the following factors: (i) the length of the  
   relationship; (ii) the type of relationship; and (iii) the frequency of 
   interaction between the persons involved in the relationship.           
                   TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE        

                      Sec. 1201. Legal Assistance to Victims of Domestic Violence  
           and Sexual Assault                                                      
       Building on set-asides in past STOP grant appropriations since      
   fiscal year 1998 for civil legal assistance, this section authorizes a  
   separate grant program for those purposes through 2005. Helps victims of
   domestic violence, stalking, and sexual assault who need legal          
   assistance as a consequence of that violence to obtain access to trained
   attorneys and lay advocacy services, particularly pro bono legal        
   services. Grants support training, technical assistance, data           
   collection, and support for cooperative efforts between victim advocacy 
   groups and legal assistance providers.                                  
       Defines the term ``legal assistance'' to include assistance to      
   victims of domestic violence, stalking, and sexual assault in family,   
   immigration, administrative agency, or housing matters, protection or   
   stay away order proceedings, and other similar matters. For purposes of 
   this section, ``administrative agency'' refers to a federal, state, or  
   local governmental agency that provides financial benefits.             
       Sets aside 5 percent of the amounts made available for programs     
   assisting victims of domestic violence, stalking, and sexual assault in 
   Indian country; sets aside 25 percent of the funds used for direct      
   services, training, and technical assistance for the use of victims of  
   sexual assault.                                                         
       Appropriation is $40 million/year (FY 2000 STOP grant appropriation 
   included a $28 million earmark for this use).                           
           Sec. 1202. Expanded Shelter for Battered Women and Their Children       

       Reauthorizes through 2005 current programs administered by the      
   Department of Health and Human Services to help communities provide     
   shelter to battered women and their children, with increased funding to 
   provide more shelter space to assist the tens of thousands who are now  
   being turned away.                                                      
       Authorization level is $175 million/year (FY 2000 appropriation was 
   $101.5 million).                                                        
                      Sec. 1203. Transitional Housing Assistance for Victims of    
           Domestic Violence                                                       
       Authorizes the Department of Health and Human Services to make      
   grants to provide short-term housing assistance and support services to 
   individuals and their dependents who are homeless or in need of         
   transitional housing or other housing assistance as a result of fleeing 
   a situation of domestic violence, and for whom emergency shelter        
   services are unavailable or insufficient.                               
    Authorization level is $25 million for FY 2001.                        


           Sec. 1204. National Domestic Violence Hotline                           

       Extends through 2005 this grant to meet the growing demands on the  
   National Domestic Violence Hotline established under the original       
   Violence Against Women Act due to increased call volume since its       
   inception. Requires annual reports on the Hotline's operation.          
       Authorization level is $2 million/year (FY 2000 appropriation was $2
   million).                                                               
           Sec. 1205. Federal Victims Counselors Grants Reauthorization            
       Extends through 2005 this program under which U.S. Attorney offices 
   can hire counselors to assist victims and witnesses in prosecution of   
   sex crimes and domestic violence crimes.                                
       Authorization level is $1 million/year (FY 1998 appropriation was $1
   million).                                                               
                      Sec. 1206. Study of State Laws Regarding Insurance           
           Discrimination Against Victims of Violence Against Women                
       Requires the Attorney General to conduct a national study to        
   identify state laws that address insurance discrimination against       
   victims of domestic violence and submit recommendations based on that   
   study to Congress.                                                      
           Sec. 1207. Study of Workplace Effects From Violence Against Women       

       Requires the Attorney General to conduct a national survey of       
   programs to assist employers on appropriate responses in the workplace  
   to victims of domestic violence or sexual assault and submit            
   recommendations based on that study to Congress.                        
                      Sec. 1208. Study of Unemployment Compensation for Victims of 
           Violence Against Women                                                  
       Requires the Attorney General to conduct a national study to        
   identify the impact of state unemployment compensation laws on victims  
   of domestic violence when the victim's separation from employment is a  
   direct result of the domestic violence, and to submit recommendations   
   based on that study to Congress.                                        
                      Sec. 1209. Enhancing Protections for Older and Disabled Women
           From Domestic Violence and Sexual Assault                               
       Adds as new purposes areas to STOP grants and Pro-Arrest grants the 
   development of policies and initiatives that help in identifying and    
   addressing the needs of older and disabled women who are victims of     
   domestic violence or sexual assault.                                    
       Authorizes the Attorney General to make grants for training programs
   through 2005 to assist law enforcement officers, prosecutors, and       
   relevant court officers in recognizing, addressing, investigating, and  
   prosecuting instances of elder abuse, neglect, and exploitation and     
   violence against individuals with disabilities, including domestic      
   violence and sexual assault, against older or disabled individuals.     
    Authorization is $5 million/year.                                      

                   TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN        

           Sec. 1301. Safe Havens for Children Pilot Program                       

       Establishes through 2002 a pilot Justice Department grant program   
   aimed at reducing the opportunity for domestic violence to occur during 
   the transfer of children for visitation purposes by expanding the       
   availability of supervised visitation and safe visitation exchange for  
   the children of victims of domestic violence, child abuse, sexual       
   assault, or stalking.                                                   
    Authorization level is $15 million for each year.                      

           Sec. 1302. Reauthorization of Victims of Child Abuse Act Grants         

       Extends through 2005 three grant programs geared to assist children 
   who are victims of abuse. These are the court-appointed special advocate
   program, child abuse training for judicial personnel and practitioners, 
   and grants for televised testimony of children.                         
       Authorization levels are $12 million/year for the special advocate  
   program, $2.3 million/year for the judicial personnel training program, 
   and $1 million/year for televised testimony (FY 2000 appropriations were
   $10 million, $2.3 million, and $1 million respectively).                

           Sec. 1303. Report on Parental Kidnaping Laws                            

       Requires the Attorney General to study and submit recommendations on
   federal and state child custody laws, including custody provisions in   
   protection orders, the Parental Kidnaping Prevention Act of 1980, and   
   the Uniform Child Custody Jurisdiction and Enforcement Act adopted by   
   the National Conference of Commissioners on Uniform State Laws in July  
   1997, and the effect of those laws on child custody cases in which      
   domestic violence is a factor. Amends emergency jurisdiction to cover   
   domestic violence.                                                      
    Authorization levels is $200,000.                                      

             TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE    
                                  AGAINST WOMEN                                   
           Sec. 1401. Rape Prevention and Education Program Reauthorization        

       Extends through 2005 this Sexual Assault Education and Prevention   
   Grant program; includes education for college students; provides funding
   to continue the National Resource Center on Sexual Assault at the       
   Centers for Disease Control and Prevention.                             
       Authorization level is $80 million/year (FY 2000 appropriation was  
   $45 million).                                                           
                      Sec. 1402. Education and Training to End Violence Against and
           Abuse of Women With Disabilities                                        
       Establishes a new Justice Department grant program through 2005 to  
   educate and provide technical assistance to providers on effective ways 
   to meet the needs of disabled women who are victims of domestic         
   violence, sexual assault, and stalking.                                 
    Authorization level is $7.5 million/year.                              

                      Sec. 1403. Reauthorization of Community Initiatives to       
           Prevent Domestic Violence                                               
       Reauthorizes through 2005 this grant program to fund collaborative  
   community projects targeted for the intervention and prevention of      
   domestic violence.                                                      
       Authorization level is $6 million/year (FY 2000 appropriation was $6
   million).                                                               
                      Sec. 1404. Development of Research Agenda Identified Under   
           the Violence Against Women Act                                          
       Requires the Attorney General to direct the National Institute of   
   Justice, in consultation with the Bureau of Justice Statistics and the  
   National Academy of Sciences, through its National Research Council, to 
   develop a plan to implement a research agenda based on the              
   recommendations in the National Academy of Science report               
   ``Understanding Violence Against Women,'' which was produced under a    
   grant awarded under the original Violence Against Women Act.            
       Authorization is for such sums as may be necessary to carry out this
   section.                                                                
                      Sec. 1405. Standards, Practice, and Training for Sexual      
           Assault Forensic Examinations                                           
       Requires the Attorney General to evaluate existing standards of     
   training and practice for licensed health care professionals performing 
   sexual assault forensic examinations and develop a national recommended 
   standard for training; to recommend sexual assault forensic examination 
   training for all health care students; and to review existing protocols 
   on sexual assault forensic examinations and, based on this review,      
   develop a recommended national protocol and establish a mechanism for   
   its nationwide dissemination.                                           
    Authorization level is $200,000 for FY 2001.                           

           Sec. 1406. Education and Training for Judges and Court Personnel.       

       Amends the Equal Justice for Women in the Courts Act of 1994,       
   authorizing $1,500,000 each year through 2005 for grants for education  
   and training for judges and court personnel in state courts, and        
   $500,000 each year through 2005 for grants for education and training   
   for judges and court personnel in federal courts. Adds three areas of   
   training eligible for grant use.                                        
           Sec. 1407. Domestic Violence Task Force                                 

       Requires the Attorney General to establish a task force to          
   coordinate research on domestic violence and to report to Congress on   
   any overlapping or duplication of efforts among the federal agencies    
   that address domestic violence.                                         
    Authorization level is $500,000.                                       


                              TITLE V--BATTERED IMMIGRANT WOMEN                   

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

           Sec. 1601. Notice Requirements for Sexually Violent Offenders           

       Amends the Jacob Wetterling Crimes Against Children and Sexually    
   Violent Offender Registration Act to require sex offenders already      
   required to register in a State to provide notice, as required under    
   State law, or each institution of higher education in that State at     
   which the person is employed, carried on a vocation, or is a student.   
   Requires that state procedures ensure that this registration information
   is promptly made available to law enforcement agencies with jurisdiction
   where the institutions of higher education are located and that it is   
   entered into appropriate State records or data systems. These changes   
   take effect 2 years after enactment.                                    
       Amends the Higher Education Act of 1965 to require institutions of  
   higher education to issue a statement, in addition to other disclosures 
   required under that Act, advising the campus community where law        
   enforcement agency information provided by a State concerning registered
   sex offenders may be obtained. This change takes effect 2 years after   
   enactment.                                                              
       Amends the Family Educational Rights and Privacy Act of 1974 to     
   clarify that nothing in that Act may be construed to prohibit an        
   educational institution from disclosing information provided to the     
   institution concerning registered sex offenders; requires the Secretary 
   of Education to take appropriate steps to notify educational            
   institutions that disclosure of this information is permitted.          
           Sec. 1602. Teen Suicide Prevention Study                                

       Authorizes a study by the Secretary of Health and Human Services of 
   predictors of suicide among at-risk and other youth, and barriers that  
   prevent the youth from receiving treatment, to facilitate the           
   development of model treatment programs and public education and        
   awareness efforts.                                                      
    Authorization is for such sums as may be necessary.                    

           Sec. 1603. Decade of Pain Control and Research                          

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

                     DIVISION B--THE VIOLENCE AGAINST WOMEN ACT OF 2000           

                TITLE V--THE BATTERED IMMIGRANT WOMEN PROTECTION ACT OF 2000      

                       section-by-section analysis                       

       Generally designed to improve on efforts made in VAWA 1994 to       
   prevent immigration law from being used by an abusive citizen or lawful 
   permanent resident spouse as a tool to prevent an abused immigrant      
   spouse from reporting abuse or leaving the abusive relationship. This   
   could happen because generally speaking, U.S. immigration law gives     
   citizens and lawful permanent residents the right to petition for their 
   spouses to be granted a permanent resident visa, which is the necessary 
   prerequisite for immigrating to the United States. In the vast majority 
   of cases, granting the right to seek the visa to the citizen or lawful  
   permanent resident spouse makes sense, since the purpose of family      
   immigration visas is to allow U.S. citizens or lawful permanent         
   residents to live here with their spouses and children. But in the      
   unusual case of the abusive relationship, an abusive citizen or lawful  
   permanent resident can use control over his or her spouse's visa as a   
   means to blackmail and control the spouse. The abusive spouse would do  
   this by withholding a promised visa petition and then threatening to    
   turn the abused spouse in to the immigration authorities if the abused  
   spouse sought to leave the abuser or report the abuse.                  
       VAWA 1994 changed this by allowing immigrants who demonstrate that  
   they have been battered or subjected to extreme cruelty by their U.S.   
   citizen or lawful permanent resident spouses to file their own petitions
   for visas without the cooperation of their abusive spouse. VAWA 1994    
   also allowed abused spouses placed in removal proceedings to seek       
   ``cancellation of removal,'' a form of discretionary relief from removal
   available to individuals in unlawful immigration status with strong     
   equities, after three years rather than the seven ordinarily required.  
   Finally, VAWA 1994 granted similar rights to minor children abused by   
   their citizen or lawful permanent resident parent, whose immigration    
   status, like that of the abused spouse, would otherwise be dependent on 
   the abusive parent. VAWA 2000 addresses residual immigration law        
   obstacles standing in the path of battered immigrant spouses and        
   children seeking to free themselves from abusive relationships that     
   either had not come to the attention of the drafters of VAWA 1994 or    
   have arisen since as a result of 1996 changes to immigration law.       
           Sec. 1501. Short Title                                                  

    Names this title the Battered Immigrant Women Protection Act of 2000.  

           Sec. 1502. Findings and Purposes                                        

       Lays out as the purpose of the title building on VAWA 1994's efforts
   to enable battered immigrant spouses and children to free themselves of 
   abusive relationships and report abuse without fear of immigration law  
   consequences controlled by their abusive citizen or lawful permanent    
   resident spouse or parent.                                              
                      Sec. 1503. Improved Access to Immigration Protections of the 
           Violence Against Women Act of 1994 for Battered Immigrant Women         
       Allows abused spouses and children who have already demonstrated to 
   the INS that they have been the victims of battery or extreme cruelty by
   their spouse or parent to file their own petition for a lawful permanent
   resident visa without also having to show they will suffer ``extreme    
   hardship'' if forced to leave the U.S., a showing that is not required  
   if their citizen or lawful permanent resident spouse or parent files the
   visa petition on their behalf. Eliminates U.S. residency as a           
   prerequisite for a spouse or child of a citizen or lawful permanent     
   resident who has been battered in the U.S. or whose spouse is a member  
   of the uniformed services or a U.S. government employee to file for his 
   or her own visa, since there is no U.S. residency prerequisite for      
   non-battered spouses' or children's visas. Retains current law's special
   requirement that abused spouses and children filing their own petitions 
   (unlike spouses and children for whom their citizen or lawful permanent 
   resident spouse or parent petitions) demonstrate good moral character,  
   but modifies it to give the Attorney General authority to find good     
   moral character despite certain otherwise disqualifying acts if those   
   acts were connected to the abuse.                                       
       Allows a victim of battery or extreme cruelty who believed himself  
   or herself to be a citizen's or lawful permanent resident's spouse and  
   went through a marriage ceremony to file a visa petition as a battered  
   spouse if the marriage was not valid solely on account of the citizen's 
   or lawful permanent resident's bigamy. Allows a battered spouse whose   
   citizen spouse died, whose spouse lost citizenship, whose spouse lost   
   lawful permanent residency, or from whom the battered spouse was        
   divorced to file a visa petition as an abused spouse within two years of
   the death, loss of citizenship or lawful permanent residency, or        
   divorce, provided that the loss of citizenship, status or divorce was   
   connected to the abuse suffered by the spouse. Allows a battered spouse 
   to naturalize after three years residency as other spouses may do, but  
   without requiring the battered spouse to live in marital union with the 
   abusive spouse during that period.                                      

       Allows abused children or children of abused spouses whose petitions
   were filed when they were minors to maintain their petitions after they 
   attain age 21, as their citizen or lawful permanent resident parent     
   would be entitled to do on their behalf had the original petition been  
   filed during the child's minority, treating the petition as filed on the
   date of the filing of the original petition for purposes of determining 
   its priority date.                                                      
                      Sec. 1504. Improved Access to Cancellation of Removal and    
           Suspension of Deportation under the Violence Against Women Act of 1994  
       Clarifies that with respect to battered immigrants, IIRIRA's rule,  
   enacted in 1996, that provides that with respect to any applicant for   
   cancellation of removal, any absence that exceeds 90 days, or any series
   of absences that exceed 180 days, interrupts continuous physical        
   presence, does not apply to any absence or portion of an absence        
   connected to the abuse. Makes this change retroactive to date of        
   enactment of IIRIRA. Directs Attorney General to parole children of     
   battered immigrants granted cancellation until their adjustment of      
   status application has been acted on, provided the battered immigrant   
   exercises due diligence in filing such an application.                  
                      Sec. 1505. Offering Equal Access to Immigration Protections  
           of the Violence Against Women Act of 1994 for All Qualified Battered    
           Immigrant Self-Petitioners                                              
       Grants the Attorney General the authority to waive certain bars to  
   admissibility or grounds of deportability with respect to battered      
   spouses and children. New Attorney General waiver authority granted (1) 
   for crimes of domestic violence or stalking where the spouse or child   
   was not the primary perpetrator of violence in the relationship, the    
   crime did not result in serious bodily injury, and there was a          
   connection between the crime and the abuse suffered by the spouse or    
   child; (2) for misrepresentations connected with seeking an immigration 
   benefit in cases of extreme hardship to the alien (paralleling the AG's 
   waiver authority for spouses and children petitioned for by their       
   citizen or lawful permanent resident spouse or parent in cases of       
   extreme hardship to the spouse or parent); (3) for crimes of moral      
   turpitude not constituting aggravated felonies where the crime was      
   connected to the abuse (similarly paralleling the AG's waiver authority 
   for spouses and children petitioned for by their spouse or parent); (4) 
   for health related grounds of inadmissibility (also paralleling the AG's
   waiver authority for spouses and children petitioned for by their spouse
   or parent); and (5) for unlawful presence after a prior immigration     
   violation, if there is a connection between the abuse and the alien's   
   removal, departure, reentry, or attempted reentry. Clarifies that a     
   battered immigrant's use of public benefits specifically made available 
   to battered immigrants in PRWORA does not make the immigrant            
   inadmissible on public charge ground.                                   
                      Sec. 1506. Restoring Immigration Protections under the       
           Violence Against Women Act of 1994                                      
       Establishes mechanism paralleling mechanism available to spouses and
   children petitioned for by their spouse or parent to enable             
   VAWA-qualified battered spouse or child to obtain status as lawful      
   permanent resident in the United States rather than having to go abroad 
   to get a visa.                                                          
       Addresses problem created in 1996 for battered immigrants' access to
   cancellation of removal by IIRIRA's new stop-time rule. That rule was   
   aimed at individuals gaming the system to gain access to cancellation of
   removal. To prevent this, IIRIRA stopped the clock on accruing any time 
   toward continuous physical presence at the times INS initiates removal  
   proceedings against an individual. This section eliminates application  
   of this rule to battered immigrant spouses and children, who, if they   
   are sophisticated enough about immigration law and had sufficient       
   freedom of movement to ``game the system'', presumably would have filed 
   self-petitions, and more likely do not even know that INS has initiated 
   proceedings against them because their abusive spouse or parent has     
   withheld their mail. To implement this change, allows a battered        
   immigrant spouse or child to file a motion to reopen removal proceedings
   within 1 year of the entry of an order of removal (which deadline may be
   waived in the Attorney General's discretion if the Attorney General     
   finds extraordinary circumstances or extreme hardship to the alien's    
   child) provided the alien files a complete application to be classified 
   as VAWA-eligible at the time the alien files the reopening motion.      
                      Sec. 1507. Remedying Problems with Implementation of the     
           Immigration Provisions of the Violence Against Women Act of 1994        
       Clarifies that negative changes of immigration status of abuser or  
   divorce after abused spouse or child files petition under VAWA have no  
   effect on status of abused spouse or child. Reclassifies abused spouse  
   or child as spouse or child of citizen if abuser becomes citizen        
   notwithstanding divorce or termination of parental rights (so as not to 
   create incentive for abuse victim to delay leaving abusive situation on 
   account of potential future improved immigration status of abuser).     
   Clarifies that remarriage has no effect on pending VAWA immigration     
   petition.                                                               
                      Sec. 1508. Technical Correction to Qualified Alien Definition
           for Battered Immigrants                                                 
       Makes technical change of description of battered aliens allowed to 
   access certain public benefits so as to use correct pre-IIRIRA name for 
   equitable relief from                                                   

                    deportation/removal (``suspension of deportation'' rather than
          ``cancellation of removal'') for pre-IIRIRA cases.                      
                      Sec. 1509. Access to Cuban Adjustment Act for Battered       
           Immigrant Spouses and Children                                          
       Allows battered spouses and children to access special immigration  
   benefits available under Cuban Adjustment Act to other spouses and      
   children of Cubans on the basis of the same showing of battery or       
   extreme cruelty they would have to make as VAWA self-petitioners;       
   relieves them of Cuban Adjustment Act showing that they are residing    
   with their spouse/parent.                                               
                      Sec. 1510. Access to the Nicaraguan Adjustment and Central   
           American Relief Act for Battered Spouses and Children                   
       Provides access to special immigration benefits under NACARA to     
   battered spouses and children similarly to the way section 509 does with
   respect to Cuban Adjustment Act.                                        
                      Sec. 1511. Access to the Haitian Refugee Fairness Act of 1998
           for Battered Spouses and Children                                       
       Provides access to special immigration benefits under HRIFA to      
   battered spouses and children similarly to the way section 509 does with
   respect to Cuban Adjustment Act.                                        
                      Sec. 1512. Access to Services and Legal Representation for   
           Battered Immigrants                                                     
       Clarifies that Stop grants, Grants to Encourage Arrest, Rural VAWA  
   grants, Civil Legal Assistance grants, and Campus grants can be used to 
   provide assistance to battered immigrants. Allows local battered women's
   advocacy organizations, law enforcement or other eligible Stop grant    
   applicants to apply for Stop funding to train INS officers and          
   immigration judges as well as other law enforcement officers on the     
   special needs of battered immigrants.                                   
                      Sec. 1513. Protection for Certain Crime Victims Including    
           Victims of Crimes Against Women                                         
       Creates new nonimmigrant visa for victims of certain serious crimes 
   that tend to target vulnerable foreign individuals without immigration  
   status if the victim has suffered substantial physical or mental abuse  
   as a result of the crime, the victim has information about the crime,   
   and a law enforcement official or a judge certifies that the victim has 
   been helpful, is being helpful, or is likely to be helpful in           
   investigating or prosecuting the crime. The crime must involve rape,    
   torture, trafficking, incest, sexual assault, domestic violence, abusive
   sexual contact, prostitution, sexual exploitation, female genital       
   mutilation, being held hostage, peonage, involuntary servitude, slave   
   trade, kidnapping, abduction, unlawful criminal restraint, false        
   imprisonment, blackmail, extortion, manslaughter, murder, felonious     
   assault, witness tampering, obstruction of justice, perjury, attempt or 
   conspiracy to commit any of the above, or other similar conduct in      
   violation of Federal, State, or local criminal law. Caps visas at 10,000
   per fiscal year. Allows Attorney General to adjust these individuals to 
   lawful permanent resident status if the alien has been present for 3    
   years and the Attorney General determines this is justified on          
   humanitarian grounds, to promote family unity, or is otherwise in the   
   public interest.                                                        
                               aimee's law                               

       This bill penalizes States that fail to incarcerate criminals       
   convicted of murder, rape, and dangerous sexual offenses for long prison
   terms. In cases in which a State convicts a person of murder, rape, or a
   dangerous sexual offense, and that person has a prior conviction for any
   one of those offenses in a designated State, the designated State must  
   pay, from federal law enforcement assistance funds, the incarceration   
   and prosecution cost of the latter State. (The Attorney General would   
   transfer the federal law enforcement funds from the prior State to the  
   subsequent State.)                                                      
       A State is a designated State and is subject to penalty under this  
   section if (1) the average term of imprisonment imposed by the State on 
   persons convicted of the offense for which that person was convicted is 
   less than the average term of imprisonment imposed for that offense in  
   all states; or (2) that person had served less than 85 percent of the   
   prison term to which he was sentenced for the prior offense. (In making 
   this calculation, if the State has an indeterminate sentencing system,  
   the prison term shall be considered the lower range of the sentence. For
   example, if a person is sentenced 10-to-12 years, then the calculation  
   is whether the person served 85 percent of 10 years.)                   

           Concerning Sec. 2002 and 2003 of Division C                             

       Sections 2002 and 2003, which may be referred to as the Justice for 
   Victims of Terrorism Act, helps American victims of terrorism abroad    
   collect court-awarded compensation and ensures that the responsible     
   state sponsors of terrorism pay a price for their crimes.               
       In March 1985, Terry Anderson, an American journalist working in    
   Beirut, was kidnapped by agents of the Islamic Republic of Iran. He was 
   held captive by his kidnappers in deplorable conditions until early     
   December 1991.                                                          
       During the 1980's three other individuals working in Lebanon, David 
   Jacobsen, an administrator of the American University hospital in       
   Beirut, Joseph Ciccippio, a comptroller of the American University      
   school and hospital and Frank Reed, a principal of a private secondary  
   school in Beirut, were also held captive by agents of the Islamic       
   Republic of Iran.                                                       
       In April 1995, Alisa Flatow, a 20-year-old college student from New 
   Jersey, was on a bus on the Gaza strip going to a Passover holiday      
   celebration. A terrorist from the Iranian backed Islamic Jihad rammed   
   his car loaded with explosives into the bus, killing Ms. Flatow and     
   seven others.                                                           
       Two Americans studying in Israel, Matthew Eisenfeld and Sara Duker  
   were killed in a suicide bombing of a bus in Jerusalem in February 1996.
   Those responsible were provided training, money, and resources by Iran. 
       Also in February 1996, Cuban pilots flying MiG aircraft shot down   
   two aircraft flown by the ``Brothers to the Rescue'' humanitarian       
   organization in international airspace over the Florida Straits. Three  
   American citizens were killed in the attack by the Cuban government.    
       Section 221 of the Antiterrorism and Effective Death Penalty Act of 
   1996 (P.L. 104 132) gave these and other American citizens injured or   
   killed in acts of terrorism (or their survivors) to bring a lawsuit     
   against the terrorist state responsible for that act. Congress and the  
   President deliberately created an exception to the doctrine of foreign  
   sovereign immunity and to the statutory protections of the Foreign      
   Sovereign Immunities Act, limited to victims' cases against countries on
   the State Department's list of state sponsors of terrorism.             
       Following enactment of the Antiterrorism Act of 1996, numerous      
   American victims filed suit against terrorist states. Each of the       
   victims described above, or surviving family members, has been awarded  
   judgements by U.S. courts. However, the victims were not able to collect
   on their judgements. Iran and Cuba have few, if any, assets in the      
   United States not blocked by the Treasury Department under existing     
   sanctions laws or otherwise held by the U.S. Government. The President  
   did not exercise existing authorities to make those assets available.   
       After the Brothers to the Rescue incident, at a February 26, 1996,  
   White House press briefing President Clinton stated ``I am asking that  
   Congress pass legislation that will provide immediate compensation to   
   the families, something to which they are entitled under international  
   law, out of Cuba's blocked assets here in the United States. If Congress
   passes this legislation, we can provide the compensation immediately,'' 
   The President did vest funds from blocked Cuban accounts to make modest 
   payments to the Brothers to the Rescue families as a ``humanitarian     
   gesture.''                                                              
       Section 117 of the Treasury and General Government Appropriations   
   Act for fiscal year 1999, explicitly made the assets of foreign         
   terrorist states blocked by the Treasury Department under existing      
   sanctions laws available for attachment by U.S. courts for the very     
   limited purpose of satisfying Antiterrorism Act judgements.             
       That legislation authorized the President to waive the requirements 
   of that provision in the interest of national security, but the scope of
   that waiver authority remains in dispute. Presidential Determination 99 
   1 asserted broad authority to waive the entirety of the provision. But  
   the District Court of the Southern District of Florida, in Alejandre v. 
   Republic of Cuba, rejected the Administration's view and held, instead, 
   that the President's authority applied only to Section 117's requirement
   that the Secretaries of State and Treasury assist a judgement creditor  
   in identifying, locating, and executing against non-blocked property of 
   a foreign terrorist state. 42 F. Supp. 2d 1317 (S.D. Fla. 1999) vacated 
   and remanded on other grounds , 183 F. 3d 1277 (11th Cir. 1999). Another
   federal district court reached a contrary opinion. Flatow v. Islamic    
   Republic of Iran , 76 F. Supp. 2d 16 (D.D.C. 1999) (construing the      
   waiver authority broadly).                                              
       Subsection 1(f) of this bill repeals the waiver authority granted in
   Section 117 of the Treasury and General Government Appropriations Act   
   for fiscal year 1999, replacing it with a clearer but narrower waiver   
   authority in the underlying statute. The Committee hopes clarity in the 
   legislative history and intent of subsection 1(f), in the context of the
   section as a whole, will ensure appropriate application of the new      
   waiver authority.                                                       
       This is a key issue for American victims of state-sponsored         
   terrorism who have sued or who will in the future sue the responsible   
   terrorism-list state, as they are entitled to do under the              
   Anti-Terrorism Act of 1996. Victims who already hold U.S. court         
   judgements, and a few whose related cases will soon be decided, will    
   receive their compensatory damages as a result of this legislation.     
       The Committee intends that this legislation will similarly help     
   other pending and future Antiterrorism Act plaintiffs as and when U.S.  
   courts issue judgements against the foreign state sponsors of specific  
   terrorist acts. The Committee shares the particular interest of the     
   sponsors of this legislation in ensuring that the families of the       
   victims of Pan Am flight 103 should be able to collect damages promptly 
   if they can demonstrate to the satisfaction of a U.S. court that Libya  
   is indeed responsible for that heinous bombing. The Committee is        
   similarly interested in pending suits against Iraq.                     
       In replacing the waiver, the conferees accept that the President    
   should have the authority to waive the court's authority to attach      
   blocked assets. But to understand the view of the committee with respect
   to the use of the waiver, it must be read within the context of other   
   provisions of the legislation.                                          

       A waiver of the attachment provision would seem appropriate for     
   final and pending Anti-Terrorism Act cases identified in subsection     
   (a)(2) of this bill. In these cases, judicial attachment is not         
   necessary because the executive branch will appropriately pay           
   compensatory damages to the victims and use blocked assets to collect   
   the funds from terrorist states.                                        
       Of particular significance, this section reaffirms the President's  
   statutory authority, inter alia, to vest blocked foreign government     
   assets and where appropriate make payments to victims of terrorism. The 
   President has the authority to assist victims with pending and future   
   cases.                                                                  
       The Committee's intent is that the President will review each case  
   when the court issues a final judgement to determine whether to use the 
   national security waiver, whether to help the plaintiffs collect from a 
   foreign state's non-blocked assets in the United States whether to allow
   the courts to attach and execute against blocked assets, or whether to  
   use existing authorities to vest and pay those assets as damages to the 
   victims of terrorism.                                                   
       When a future President does make a decision whether to invoke the  
   waiver, he should consider seriously whether the national security      
   standard for a waiver has been met. In enacting this legislation,       
   Congress is expressing the view that the attachment and execution of    
   frozen assets to enforce judgements in cases under the Anti-Terrorism   
   Act of 1996 is not by itself contrary to the national security interest.
   Indeed, in the view of the Committee, it is generally in the national   
   security interest of the United States to make foreign state sponsors of
   terrorism pay court-awarded damages to American victims, so neither the 
   Foreign Sovereign Immunities Act nor any other law will stand in the way
   of justice. Thus, in the view of the committee the waiver authority     
   should not be exercised in a routine or blanket manner, but only where  
   U.S. national security interests would be implicated in taking action   
   against particular blocked assets or where alternative recourse--such as
   vesting and paying those assets--may be preferable to court attachment. 
       Future Presidents should follow the precedent set by this           
   legislation, and find the best way to help victims of terrorism collect 
   on their judgements and make terrorist states pay for their crimes.     
       The conference report also includes a section, Section 2003, dealing
   with support for victims of international terrorism. This section will  
   enable the Office for Victims of Crime (OVC) to provide more immediate  
   and effective assistance to Americans who are victims of terrorism      
   abroad--Americans like those killed or injured in the embassy bombings  
   in Kenya and Tanzania, and in the Pan Am 103 bombing over Lockerbie,    
   Scotland. These victims deserve help, but existing programs are failing 
   to meet their needs.                                                    
       Section 2003(a) of the conference report will permit OVC to serve   
   these victims better by expanding the types of assistance for which the 
   Victims of Crime Act (VOCA) emergency reserve fund may be used, and the 
   range of organizations to which assistance may be provided. These       
   changes will not require new or appropriated funds: They simply allow   
   OVC greater flexibility in using existing reserve funds to assist       
   victims of terrorism abroad, including the victims of the Lockerbie and 
   embassy bombings.                                                       
       Section 2003(b) will authorize OVC to raise the cap on the VOCA     
   emergency reserve fund from $50 million to $100 million, so that the    
   fund is large enough to cover the extraordinary costs that would be     
   incurred if a terrorist act caused massive casualties, and to replenish 
   the reserve fund with unobligated funds from its other grant programs.  
       Section 2003(c) will simplify the presently-authorized system of    
   using VOCA funds to provide victim compensation to American victims of  
   terrorism abroad, by permitting OVC to establish and operate an         
   international crime victim compensation program. This program will, in  
   addition, cover foreign nationals who are employees of any American     
   government institution targeted for terrorist attack. The source of     
   funding is the VOCA emergency reserve fund, which Congress authorized in
   an amendment to the 1996 Antiterrorism and Effective Death Penalty Act. 
       Section 2003(d) clarifies that deposits into the Crime Victims Fund 
   remain available for intended uses under VOCA when not expended         
   immediately. This should quell concerns raised regarding the effect of  
   spending caps included in appropriations bills last year and this. The  
   appropriations' actions were meant to defer spending, not to remove     
   deposits from the Fund. This provision makes that explicit.             

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

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

    Benjamin Gilman,                                                        

    Bill Goodling,                                                          

    Chris Smith,                                                            

    Henry J. Hyde,                                                          

    Nancy L. Johnson,                                                       

    Sam Gejdenson,                                                          

    Tom Lantos,                                                             

    Ben Cardin,                                                             

        Managers on the Part of the House.                                      


          From the Committee on the Judiciary:                          


    Orrin Hatch,                                                            

    Strom Thurmond,                                                         


          From the Committee on Foreign Relations:                      


    Jesse Helms,                                                            

    Sam Brownback,                                                          

    Joe Biden,                                                              

    Paul Wellstone,                                                         

        Managers on the Part of the Senate.  


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