--H.R.3244--
H.R.3244
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To combat trafficking in persons, especially into the sex trade,
slavery, and involuntary servitude, to reauthorize certain Federal programs to
prevent violence against women, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Victims of Trafficking and Violence
Protection Act of 2000'.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS- This Act is organized into three divisions, as follows:
(1) DIVISION A- Trafficking Victims Protection Act of 2000.
(2) DIVISION B- Violence Against Women Act of 2000.
(3) DIVISION C- Miscellaneous Provisions.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec.2.Organization of Act into divisions; table of contents.
DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000
Sec.102.Purposes and findings.
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.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.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.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.2002.Payment of anti-terrorism judgments.
Sec.2003.Aid to victims of terrorism.
Sec.2004.Twenty-first amendment enforcement.
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.
(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-
(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.
(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.
(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 the enactment of this Act, the Attorney General and the Secretary of State
shall promulgate regulations for law enforcement personnel, immigration
officials, and Department of State officials to implement the following:
(1) PROTECTIONS WHILE IN CUSTODY- Victims of severe forms of
trafficking, while in the custody of the Federal Government and to the
extent practicable, shall--
(A) not be detained in facilities inappropriate to their status as
crime victims;
(B) receive necessary medical care and other assistance; and
(C) be provided protection if a victim's safety is at risk or if there
is danger of additional harm by recapture of the victim by a trafficker,
including--
(i) taking measures to protect trafficked persons and their family
members from intimidation and threats of reprisals and reprisals from
traffickers and their associates; and
(ii) ensuring that the names and identifying information of
trafficked persons and their family members are not disclosed to the
public.
(2) ACCESS TO INFORMATION- Victims of severe forms of trafficking shall
have access to information about their rights and translation
services.
(3) AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE UNITED STATES- Federal
law enforcement officials may permit an alien individual's continued
presence in the United States, if after an assessment, it is determined that
such individual is a victim of a severe form of trafficking and a potential
witness to such trafficking, in order to effectuate prosecution of those
responsible, and such officials in investigating and prosecuting traffickers
shall protect the safety of trafficking victims, including taking measures
to protect trafficked persons and their family members from intimidation,
threats of reprisals, and reprisals from traffickers and their
associates.
(4) TRAINING OF GOVERNMENT PERSONNEL- Appropriate personnel of the
Department of State and the Department of Justice shall be trained in
identifying victims of severe forms of trafficking and providing for the
protection of such victims.
(d) CONSTRUCTION- Nothing in subsection (c) shall be construed as creating
any private cause of action against the United States or its officers or
employees.
(e) PROTECTION FROM REMOVAL FOR CERTAIN CRIME VICTIMS-
(1) IN GENERAL- Section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)) is amended--
(A) by striking `or' at the end of subparagraph (R);
(B) by striking the period at the end of subparagraph (S) and
inserting `; or'; and
(C) by adding at the end the following new subparagraph:
`(T)(i) subject to section 214(n), an alien who the Attorney General
determines--
`(I) is or has been a victim of a severe form of trafficking in
persons, as defined in section 103 of the Trafficking Victims Protection
Act of 2000,
`(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.
(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.'.
(1) DELEGATION OF AUTHORITY- The President may delegate any authority
granted by this section, including the authority to designate foreign
persons under paragraphs (1)(B) and (1)(C) of subsection (a).
(2) PROMULGATION OF RULES AND REGULATIONS- The head of any agency,
including the Secretary of Treasury, is authorized to take such actions as
may be necessary to carry out any authority delegated by the President
pursuant to paragraph (1), including promulgating rules and
regulations.
(3) OPPORTUNITY FOR REVIEW- Such rules and regulations shall include
procedures affording an opportunity for a person to be heard in an
expeditious manner, either in person or through a representative, for the
purpose of seeking changes to or termination of any determination, order,
designation or other action associated with the exercise of the authority in
subsection (a).
(f) DEFINITION OF FOREIGN PERSONS- In this section, the term `foreign
person' means any citizen or national of a foreign state or any entity not
organized under the laws of the United States, including a foreign government
official, but does not include a foreign state.
(g) CONSTRUCTION- Nothing in this section shall be construed as precluding
judicial review of the exercise of the authority described in subsection
(a).
SEC. 112. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.
(a) TITLE 18 AMENDMENTS- Chapter 77 of title 18, United States Code, is
amended--
(1) in each of sections 1581(a), 1583, and 1584--
(A) by striking `10 years' and inserting `20 years'; and
(B) by adding at the end the following: `If death results from the
violation of this section, or if the violation includes kidnapping or an
attempt to kidnap, aggravated sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill, the defendant shall be
fined under this title or imprisoned for any term of years or life, or
both.';
(2) by inserting at the end the following:
`Sec. 1589. Forced labor
`Whoever knowingly provides or obtains the labor or services of a
person--
`(1) by threats of serious harm to, or physical restraint against, that
person or another person;
`(2) by means of any scheme, plan, or pattern intended to cause the
person to believe that, if the person did not perform such labor or
services, that person or another person would suffer serious harm or
physical restraint; or
`(3) by means of the abuse or threatened abuse of law or the legal
process,
shall be fined under this title or imprisoned not more than 20 years, or
both. If death results from the violation of this section, or if the violation
includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the
attempt to commit aggravated sexual abuse, or an attempt to kill, the
defendant shall be fined under this title or imprisoned for any term of years
or life, or both.
`Sec. 1590. Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor
`Whoever knowingly recruits, harbors, transports, provides, or obtains by
any means, any person for labor or services in violation of this chapter shall
be fined under this title or imprisoned not more than 20 years, or both. If
death results from the violation of this section, or if the violation includes
kidnapping or an attempt to kidnap, aggravated sexual abuse, or the attempt to
commit aggravated sexual abuse, or an attempt to kill, the defendant shall be
fined under this title or imprisoned for any term of years or life, or
both.
`Sec. 1591. Sex trafficking of children or by force, fraud or coercion
`(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.
`(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 two or more individuals
associated in fact, whether or not a legal entity.
`Sec. 1592. Unlawful conduct with respect to documents in furtherance of
trafficking, peonage, slavery, involuntary servitude, or forced labor
`(a) Whoever knowingly destroys, conceals, removes, confiscates, or
possesses any actual or purported passport or other immigration document, or
any other actual or purported government identification document, of another
person--
`(1) in the course of a violation of section 1581, 1583, 1584, 1589,
1590, 1591, or 1594(a);
`(2) with intent to violate section 1581, 1583, 1584, 1589, 1590, or
1591; or
`(3) to prevent or restrict or to attempt to prevent or restrict,
without lawful authority, the person's liberty to move or travel, in order
to maintain the labor or services of that person, when the person is or has
been a victim of a severe form of trafficking in persons, as defined in
section 103 of the Trafficking Victims Protection Act of 2000,
shall be fined under this title or imprisoned for not more than 5 years,
or both.
`(b) Subsection (a) does not apply to the conduct of a person who is or
has been a victim of a severe form of trafficking in persons, as defined in
section 103 of the Trafficking Victims Protection Act of 2000, if that conduct
is caused by, or incident to, that trafficking.
`Sec. 1593. Mandatory restitution
`(a) Notwithstanding section 3663 or 3663A, and in addition to any other
civil or criminal penalties authorized by law, the court shall order
restitution for any offense under this chapter.
`(b)(1) The order of restitution under this section shall direct the
defendant to pay the victim (through the appropriate court mechanism) the full
amount of the victim's losses, as determined by the court under paragraph (3)
of this subsection.
`(2) An order of restitution under this section shall be issued and
enforced in accordance with section 3664 in the same manner as an order under
section 3663A.
`(3) As used in this subsection, the term `full amount of the victim's
losses' has the same meaning as provided in section 2259(b)(3) and shall in
addition include the greater of the gross income or value to the defendant of
the victim's services or labor or the value of the victim's labor as
guaranteed under the minimum wage and overtime guarantees of the Fair Labor
Standards Act (29 U.S.C. 201 et seq.).
`(c) As used in this section, the term `victim' means the individual
harmed as a result of a crime under this chapter, including, in the case of a
victim who is under 18 years of age, incompetent, incapacitated, or deceased,
the legal guardian of the victim or a representative of the victim's estate,
or another family member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named such representative or
guardian.
`Sec. 1594. General provisions
`(a) Whoever attempts to violate section 1581, 1583, 1584, 1589, 1590, or
1591 shall be punishable in the same manner as a completed violation of that
section.
`(b) The court, in imposing sentence on any person convicted of a
violation of this chapter, shall order, in addition to any other sentence
imposed and irrespective of any provision of State law, that such person shall
forfeit to the United States--
`(1) such person's interest in any property, real or personal, that was
used or intended to be used to commit or to facilitate the commission of
such violation; and
`(2) any property, real or personal, constituting or derived from, any
proceeds that such person obtained, directly or indirectly, as a result of
such violation.
`(c)(1) The following shall be subject to forfeiture to the United States
and no property right shall exist in them:
`(A) Any property, real or personal, used or intended to be used to
commit or to facilitate the commission of any violation of this
chapter.
`(B) Any property, real or personal, which constitutes or is derived
from proceeds traceable to any violation of this chapter.
`(2) The provisions of chapter 46 of this title relating to civil
forfeitures shall extend to any seizure or civil forfeiture under this
subsection.
`(d) WITNESS PROTECTION- Any violation of this chapter shall be considered
an organized criminal activity or other serious offense for the purposes of
application of chapter 224 (relating to witness protection).'; and
(3) by amending the table of sections at the beginning of chapter 77 by
adding at the end the following new items:
`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.
(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;
(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
(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.'.
(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';
(i) by striking paragraph (1) and inserting the
following:
`(1) certifies that its laws, policies, and practices do not require, in
connection with the prosecution of any misdemeanor or felony domestic
violence offense, or in connection with the filing, issuance, registration,
or service of a protection order, or a petition for a protection order, to
protect a victim of domestic violence, stalking, or sexual assault, that the
victim bear the costs associated with the filing of criminal charges against
the offender, or the costs associated with the filing, issuance,
registration, or service of a warrant, protection order, petition for a
protection order, or witness subpoena, whether issued inside or outside the
State, tribal, or local jurisdiction; or'; and
(ii) in paragraph (2)(B), by striking `2 years' and inserting `2
years after the date of the enactment of the Violence Against Women Act
of 2000'; and
(C) by adding at the end the following:
`(c) DEFINITION- In this section, the term `protection order' has the
meaning given the term in section 2266 of title 18, United States Code.'.
(2) ELIGIBILITY FOR GRANTS TO ENCOURAGE ARREST POLICIES- Section 2101 of
part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796hh) is amended--
(A) in subsection (c), by striking paragraph (4) and inserting the
following:
`(4) certify that their laws, policies, and practices do not require, in
connection with the prosecution of any misdemeanor or felony domestic
violence offense, or in connection with the filing, issuance, registration,
or service of a protection order, or a petition for a protection order, to
protect a victim of domestic violence, stalking, or sexual assault, that the
victim bear the costs associated with the filing of criminal charges against
the offender, or the costs associated with the filing, issuance,
registration, or service of a warrant, protection order, petition for a
protection order, or witness subpoena, whether issued inside or outside the
State, tribal, or local jurisdiction.'; and
(B) by adding at the end the following:
`(d) DEFINITION- In this section, the term `protection order' has the
meaning given the term in section 2266 of title 18, United States Code.'.
(3) APPLICATION FOR GRANTS TO ENCOURAGE ARREST POLICIES- Section
2102(a)(1)(B) of part U of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh-1(a)(1)(B)) is amended by inserting
before the semicolon the following: `or, in the case of the condition set
forth in subsection 2101(c)(4), the expiration of the 2-year period
beginning on the date the of the enactment of the Violence Against Women Act
of 2000'.
(4) REGISTRATION FOR PROTECTION ORDERS- Section 2265 of title 18, United
States Code, is amended by adding at the end the following:
`(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--
(A) in subsection (a), by striking `Indian tribal governments,' and
inserting `State and local courts (including juvenile courts), Indian
tribal governments, tribal courts,'; and
(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
(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,';
(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--
(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).';
(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:
`(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).'.
(1) IN GENERAL- Section 2261A of title 18, United States Code, is
amended to read as follows:
`Sec. 2261A. Interstate stalking
`(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
`(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--
`(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:
`(1) TRAVEL OR CONDUCT OF OFFENDER- A person who travels in interstate
or foreign commerce, or enters or leaves Indian country, with the intent to
engage in conduct that violates the portion of a protection order that
prohibits or provides protection against violence, threats, or harassment
against, contact or communication with, or physical proximity to, another
person, or that would violate such a portion of a protection order in the
jurisdiction in which the order was issued, and subsequently engages in such
conduct, shall be punished as provided in subsection (b).
`(2) CAUSING TRAVEL OF VICTIM- A person who causes another person to
travel in interstate or foreign commerce or to enter or leave Indian country
by force, coercion, duress, or fraud, and in the course of, as a result of,
or to facilitate such conduct or travel engages in conduct that violates the
portion of a protection order that prohibits or provides protection against
violence, threats, or harassment against, contact or communication with, or
physical proximity to, another person, or that would violate such a portion
of a protection order in the jurisdiction in which the order was issued,
shall be punished as provided in subsection (b).'.
(d) DEFINITIONS- Section 2266 of title 18, United States Code, is amended
to read as follows:
`Sec. 2266. Definitions
`(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--
`(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';
(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.
`(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.
(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.
(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.
`(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.
`(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 the enactment of this
Act, the Attorney General shall submit to Congress a report on the findings
and recommendations of the study required by subsection (a).
SEC. 1207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST WOMEN.
The Attorney General shall--
(1) conduct a national survey of plans, programs, and practices
developed to assist employers and employees on appropriate responses in the
workplace related to victims of domestic violence, stalking, or sexual
assault; and
(2) not later than 18 months after the date of the enactment of this
Act, submit to Congress a report describing the results of that survey,
which report shall include the recommendations of the Attorney General to
assist employers and employees affected in the workplace by incidents of
domestic violence, stalking, and sexual assault.
SEC. 1208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS OF VIOLENCE
AGAINST WOMEN.
The Secretary of Labor, in consultation with the Attorney General,
shall--
(1) conduct a national study to identify State laws that address the
separation from employment of an employee due to circumstances directly
resulting from the experience of domestic violence by the employee and
circumstances governing that receipt (or nonreceipt) by the employee of
unemployment compensation based on such separation; and
(2) not later than 1 year after the date of the enactment of this Act,
submit to Congress a report describing the results of that study, together
with any recommendations based on that study.
SEC. 1209. ENHANCING PROTECTIONS FOR OLDER AND DISABLED WOMEN FROM DOMESTIC
VIOLENCE AND SEXUAL ASSAULT.
(a) ELDER ABUSE, NEGLECT, AND EXPLOITATION- The Violence Against Women Act
of 1994 (108 Stat. 1902 et seq.) is amended by adding at the end the
following:
`Subtitle H--Elder Abuse, Neglect, and Exploitation, Including Domestic
Violence and Sexual Assault Against Older or Disabled Individuals
`SEC. 40801. DEFINITIONS.
`(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.
(1) IN GENERAL- Not later than 1 year after the last day of the first
fiscal year commencing on or after the date of the enactment of this Act,
and not later than 180 days after the last day of each fiscal year
thereafter, the Attorney General shall submit to Congress a report that
includes information concerning--
(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).
`(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 the enactment of this Act,
in consultation with the Secretary of the Department of Health and Human
Services, submit to Congress a report which shall include--
(A) a description of the research agenda developed under paragraph (1)
and a plan to implement that agenda; and
(B) recommendations for priorities in carrying out that agenda to most
effectively advance knowledge about and means by which to prevent or
reduce violence against women.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 1405. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL ASSAULT FORENSIC
EXAMINATIONS.
(a) IN GENERAL- The Attorney General shall--
(1) evaluate existing standards of training and practice for licensed
health care professionals performing sexual assault forensic examinations
and develop a national recommended standard for training;
(2) recommend sexual assault forensic examination training for all
health care students to improve the recognition of injuries suggestive of
rape and sexual assault and baseline knowledge of appropriate referrals in
victim treatment and evidence collection; and
(3) review existing national, State, tribal, and local protocols on
sexual assault forensic examinations, and based on this review, develop a
recommended national protocol and establish a mechanism for its nationwide
dissemination.
(b) CONSULTATION- The Attorney General shall consult with national, State,
tribal, and local experts in the area of rape and sexual assault, including
rape crisis centers, State and tribal sexual assault and domestic violence
coalitions and programs, and programs for criminal justice, forensic nursing,
forensic science, emergency room medicine, law, social services, and sex
crimes in underserved communities (as defined in section 2003(7) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2(7)), as amended by this division).
(c) REPORT- The Attorney General shall ensure that not later than 1 year
after the date of the enactment of this Act, a report of the actions taken
pursuant to subsection (a) is submitted to Congress.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $200,000 for fiscal year 2001.
SEC. 1406. EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL.
(a) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
STATE COURTS-
(1) SECTION 40412- Section 40412 of the Equal Justice for Women in the
Courts Act of 1994 (42 U.S.C. 13992) is amended--
(A) by striking `and' at the end of paragraph (18);
(B) by striking the period at the end of paragraph (19) and inserting
a semicolon; and
(C) by inserting after paragraph (19) the following:
`(20) the issues raised by domestic violence in determining custody and
visitation, including how to protect the safety of the child and of a parent
who is not a predominant aggressor of domestic violence, the legitimate
reasons parents may report domestic violence, the ways domestic violence may
relate to an abuser's desire to seek custody, and evaluating expert
testimony in custody and visitation determinations involving domestic
violence;
`(21) the issues raised by child sexual assault in determining custody
and visitation, including how to protect the 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.'.
(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:
`(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:
`(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
`(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 the enactment of
this Act, the Attorney General shall submit a report to the Committees on the
Judiciary of the Senate and the House of Representatives covering, with
respect to fiscal year 1997 and each fiscal year thereafter--
(1) the policy and procedures of the Immigration and Naturalization
Service under which an alien who has been battered 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
(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-
(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
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:
`(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--
(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.
(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 the 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 the enactment of this Act.
(d) AMENDMENT TO FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974-
Section 444(b) of the General Education Provisions Act (20 U.S.C. 1232g(b)),
also known as the Family Educational Rights and Privacy Act of 1974, is
amended by adding at the end the following:
`(7)(A) Nothing in this section may be construed to prohibit an
educational institution from disclosing information provided to the
institution under section 170101 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071) concerning registered sex
offenders who are required to register under such section.
`(B) The Secretary shall take appropriate steps to notify educational
institutions that disclosure of information described in subparagraph (A) is
permitted.'.
SEC. 1602. TEEN SUICIDE PREVENTION STUDY.
(a) SHORT TITLE- This section may be cited as the `Teen Suicide Prevention
Act of 2000'.
(b) FINDINGS- Congress finds that--
(1) measures that increase public awareness of suicide as a preventable
public health problem, and target parents and youth so that suicide risks
and warning signs can be recognized, will help to eliminate the ignorance
and stigma of suicide as barriers to youth and families seeking preventive
care;
(2) suicide prevention efforts in the year 2000 should--
(A) target at-risk youth, particularly youth with mental health
problems, substance abuse problems, or contact with the juvenile justice
system;
(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 the enactment of this
Act, the Secretary of Health and Human Services shall carry out, directly or
by grant or contract, a study that is designed to identify--
(1) the characteristics of at-risk and other youth age 13 through 21 who
are contemplating suicide;
(2) the characteristics of at-risk and other youth who are younger than
age 13 and are contemplating suicide; and
(3) the barriers that prevent youth described in paragraphs (1) and (2)
from receiving treatment.
(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH.
The calendar decade beginning January 1, 2001, is designated as the
`Decade of Pain Control and Research'.
DIVISION C--MISCELLANEOUS PROVISIONS
SEC. 2001. AIMEE'S LAW.
(a) SHORT TITLE- This section may be cited as `Aimee's Law'.
(b) DEFINITIONS- In this section:
(1) DANGEROUS SEXUAL OFFENSE- The term `dangerous sexual offense' means
any offense under State law for conduct that would constitute an offense
under chapter 109A of title 18, United States Code, had the conduct occurred
in the special 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.
(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.
(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;
(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.
(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,
December 13, 1999, January 28, 2000, March 15, 2000, or July 27,
2000;
(B) relinquishes all claims and rights to compensatory damages and
amounts awarded as judicial sanctions under such judgments;
(C) in the case of payment under paragraph (1)(A), relinquishes all
rights and claims to punitive damages awarded in connection with such
claim or claims; and
(D) in the case of payment under paragraph (1)(B), relinquishes all
rights to execute against or attach property that is at issue in claims
against the United States before an international tribunal, that is the
subject of awards rendered by such tribunal, or that is subject to section
1610(f)(1)(A) of title 28, United States Code.
(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 the enactment of this Act
from Iranian diplomatic and consular property located in the United
States; and
(B) funds not otherwise made available in an amount not to exceed the
total of the amount in the Iran Foreign Military Sales Program account
within the Foreign Military Sales Fund on the date of the enactment of
this Act.
(c) SUBROGATION- Upon payment under subsection (a) with respect to
payments in connection with a Foreign Military Sales Program account, the
United States shall be fully subrogated, to the extent of the payments, to all
rights of the person paid under that subsection against the debtor foreign
state. The President shall pursue these subrogated rights as claims or offsets
of the United States in appropriate ways, including any negotiation process
which precedes the normalization of relations between the foreign state
designated as a state sponsor of terrorism and the United States, except that
no funds shall be paid to Iran, or released to Iran, from property blocked
under the International Emergency Economic Powers Act or from the Foreign
Military Sales Fund, until such subrogated claims have been dealt with to the
satisfaction of the United States.
(d) SENSE OF THE CONGRESS- It is the sense of the Congress that the
President should not normalize relations between the United States and Iran
until the claims subrogated have been dealt with to the satisfaction of the
United States.
(e) REAFFIRMATION OF AUTHORITY- Congress reaffirms the President's
statutory authority to manage and, where appropriate and consistent with the
national interest, vest foreign assets located in the United States for the
purposes, among other things, of assisting and, where appropriate, making
payments to victims of terrorism.
(f) AMENDMENTS- (1) Section 1610(f) of title 28, United States Code, is
amended--
(A) in paragraphs (2)(A) and (2)(B)(ii), by striking `shall' each place
it appears and inserting `should make every effort to'; and
(B) by adding at the end the following new paragraph:
`(3) WAIVER- The President may waive any provision of paragraph (1) in
the interest of national security.'.
(2) Subsections (b) and (d) of section 117 of the Treasury Department
Appropriations Act, 1999 (as contained in section 101(h) of Public Law
105-277) are repealed.
SEC. 2003. AID FOR VICTIMS OF TERRORISM.
(a) MEETING THE NEEDS OF VICTIMS OF TERRORISM OUTSIDE THE UNITED
STATES-
(1) IN GENERAL- Section 1404B(a) of the Victims of Crime Act of 1984 (42
U.S.C. 10603b(a)) is amended as follows:
`(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE UNITED STATES-
`(1) IN GENERAL- The Director may make supplemental grants as provided
in 1402(d)(5) to States, victim service organizations, and public agencies
(including Federal, State, or local governments) and nongovernmental
organizations that provide assistance to victims of crime, which shall be
used to provide emergency relief, including crisis response efforts,
assistance, training, and technical assistance, and ongoing assistance,
including during any investigation or prosecution, to victims of terrorist
acts or mass violence occurring outside the United States who are not
persons eligible for compensation under title VIII of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986.
`(2) VICTIM DEFINED- In this subsection, the term `victim'--
`(A) means a person who is a national of the United States or an
officer or employee of the United States Government who is injured or
killed as a result of a terrorist act or mass violence occurring outside
the United States; and
`(B) in the case of a person described in subparagraph (A) who is less
than 18 years of age, incompetent, incapacitated, or deceased, includes a
family member or legal guardian of that person.
`(3) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed
to allow the Director to make grants to any foreign power (as defined by
section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801(a)) or to any domestic or foreign organization operated for the
purpose of engaging in any significant political or lobbying
activities.'.
(2) APPLICABILITY- The amendment made by this subsection shall apply to
any terrorist act or mass violence occurring on or after December 21, 1988,
with respect to which an investigation or prosecution was ongoing after
April 24, 1996.
(3) ADMINISTRATIVE PROVISION- Not later than 90 days after the date of
the enactment of this Act, the Director shall establish guidelines under
section 1407(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10604(a)) to
specify the categories of organizations and agencies to which the Director
may make grants under this subsection.
(4) TECHNICAL AMENDMENT- Section 1404B(b) of the Victims of Crime Act of
1984 (42 U.S.C. 10603b(b)) is amended by striking `1404(d)(4)(B)' and
inserting `1402(d)(5)'.
(b) AMENDMENTS TO EMERGENCY RESERVE FUND-
(1) CAP INCREASE- Section 1402(d)(5)(A) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(d)(5)(A)) is amended by striking `$50,000,000' and
inserting `$100,000,000'.
(2) TRANSFER- Section 1402(e) of the Victims of Crime Act of 1984 (42
U.S.C 10601(e)) is amended by striking `in excess of $500,000' and all that
follows through `than $500,000' and inserting `shall be available for
deposit into the emergency reserve fund referred to in subsection (d)(5) at
the discretion of the Director. Any remaining unobligated sums'.
(c) COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM-
(1) IN GENERAL- The Victims of Crime Act of 1984 (42 U.S.C. 10601 et
seq.) is amended by inserting after section 1404B the following:
`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)).
`(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
`(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 the enactment of this Act.
(c) STUDY- The Attorney General shall carry out the study to determine the
impact of this section and shall submit the results of such study not later
than 180 days after the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END