[Stop-traffic] US Bill to support victims of trafficking passes Senate

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Subject: [Stop-traffic] US Bill to support victims of trafficking passes Senate
From: Bruce Harris - Casa Alianza (bruce@casa-alianza.org)
Date: Tue Oct 10 2000 - 00:09:33 EDT


  CONGRESSIONAL RECORD
  HOUSE
  PAGE H8855
  Oct. 5, 2000

  CONFERENCE REPORT ON H.R. 3244, VICTIMS OF
TRAFFICKING AND VIOLENCE PROTECTION
  ACT OF 2000
      Mr. SMITH of New Jersey submitted the
following conference report and
  statement on the bill (H.R. 3244) to combat
trafficking of persons, especially
  into the sex trade, slavery, and slavery-like
conditions in the United States
  and countries around the world through
prevention, through prosecution and
  enforcement against traffickers, and through
protection and assistance to
  victims of trafficking:
  CONFERENCE REPORT (H. REPT. 106-939)
      The committee of conference on the
disagreeing votes of the two Houses on
  the amendment of the Senate to the bill (H.R.
3244), an Act to combat
  trafficking of persons, especially into the
sex trade, slavery, and
  slavery-like conditions, in the United States
and countries around the world
  through prevention, through prosecution and
enforcement against traffickers,
  and through protection and assistance to
victims of trafficking, having met,
  after full and free conference, have agreed to
recommend and do recommend to
  their respective Houses as follows:
      That the House recede from its
disagreement to the amendment of the Senate
  and agree to the same with an amendment as
follows:
      In lieu of the matter proposed to be
inserted by the Senate amendment,
  insert the following:
  SECTION 1. SHORT TITLE.
       This Act may be cited as the "Victims of
Trafficking and Violence
  Protection Act of 2000".
  SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS;
TABLE OF CONTENTS.
       (a) DIVISIONS.-This Act is organized into
three divisions, as follows:
                 (1) DIVISION A.-Trafficking
Victims Protection Act of 2000.
                 (2) DIVISION B.-Violence
Against Women Act of 2000.
                 (3) DIVISION C.-Miscellaneous
Provisions.

       (b) TABLE OF CONTENTS.-The table of
contents for this Act is as follows:
            Sec. 1. Short title.
            Sec. 2. Organization of Act into
divisions; table of contents.

  DIVISION A-TRAFFICKING VICTIMS PROTECTION ACT
OF 2000
            Sec. 101. Short title.
            Sec. 102. Purposes and findings.
            Sec. 103. Definitions.
            Sec. 104. Annual Country Reports on
Human Rights Practices.
            Sec. 105. Interagency Task Force To
Monitor and Combat Trafficking.
            Sec. 106. Prevention of trafficking.
            Sec. 107. Protection and assistance
for victims of trafficking.
            Sec. 108. Minimum standards for the
elimination of trafficking.
            Sec. 109. Assistance to foreign
countries to meet minimum standards.
            Sec. 110. Actions against
governments failing to meet minimum
        standards.
            Sec. 111. Actions against
significant traffickers in persons.
            Sec. 112. Strengthening prosecution
and punishment of traffickers.
            Sec. 113. Authorizations of
appropriations.

  DIVISION B-VIOLENCE AGAINST WOMEN ACT OF 2000
            Sec. 1001. Short title.
            Sec. 1002. Definitions.
            Sec. 1003. Accountability and
oversight.

  TITLE I-STRENGTHENING LAW ENFORCEMENT TO
REDUCE VIOLENCE AGAINST WOMEN
            Sec. 1101. Full faith and credit
enforcement of protection orders.
            Sec. 1102. Role of courts.
            Sec. 1103. Reauthorization of STOP
grants.
            Sec. 1104. Reauthorization of grants
to encourage arrest policies.
            Sec. 1105. Reauthorization of rural
domestic violence and child
        abuse enforcement grants.
            Sec. 1106. National stalker and
domestic violence reduction.
            Sec. 1107. Amendments to domestic
violence and stalking offenses.
            Sec. 1108. School and campus
security.
            Sec. 1109. Dating violence.

  TITLE II-STRENGTHENING SERVICES TO VICTIMS OF
VIOLENCE
            Sec. 1201. Legal assistance for
victims.
            Sec. 1202. Shelter services for
battered women and children.
            Sec. 1203. Transitional housing
assistance for victims of domestic
        violence.
            Sec. 1204. National domestic
violence hotline.
            Sec. 1205. Federal victims
counselors.
            Sec. 1206. Study of State laws
regarding insurance discrimination
        against victims of violence against
women.
            Sec. 1207. Study of workplace
effects from violence against women.
            Sec. 1208. Study of unemployment
compensation for victims of
        violence against women.
            Sec. 1209. Enhancing protections for
older and disabled women from
        domestic violence and sexual assault.

  TITLE III-LIMITING THE EFFECTS OF VIOLENCE ON
CHILDREN
            Sec. 1301. Safe havens for children
pilot program.
            Sec. 1302. Reauthorization of
victims of child abuse programs.
            Sec. 1303. Report on effects of
parental kidnapping laws in domestic
        violence cases.

  TITLE IV-STRENGTHENING EDUCATION AND TRAINING
TO COMBAT VIOLENCE AGAINST WOMEN
            Sec. 1401. Rape prevention and
education.
            Sec. 1402. Education and training to
end violence against and abuse
        of women with disabilities.
            Sec. 1403. Community initiatives.
            Sec. 1404. Development of research
agenda identified by the Violence
        Against Women Act of 1994.
            Sec. 1405. Standards, practice, and
training for sexual assault
        forensic examinations.
            Sec. 1406. Education and training
for judges and court personnel.
            Sec. 1407. Domestic Violence Task
Force.

  TITLE V-BATTERED IMMIGRANT WOMEN
            Sec. 1501. Short title.
            Sec. 1502. Findings and purposes.
            Sec. 1503. Improved access to
immigration protections of the
        Violence Against Women Act of 1994 for
battered immigrant women.
            Sec. 1504. Improved access to
cancellation of removal and suspension
        of deportation under the Violence
Against Women Act of 1994.
            Sec. 1505. Offering equal access to
immigration protections of the
        Violence Against Women Act of 1994 for
all qualified battered immigrant
        self-petitioners.
            Sec. 1506. Restoring immigration
protections under the Violence
        Against Women Act of 1994.
            Sec. 1507. Remedying problems with
implementation of the immigration
        provisions of the Violence Against Women
Act of 1994.
            Sec. 1508. Technical correction to
qualified alien definition for
        battered immigrants.
            Sec. 1509. Access to Cuban
Adjustment Act for battered immigrant
        spouses and children.
            Sec. 1510. Access to the Nicaraguan
Adjustment and Central American
        Relief Act for battered spouses and
children.

  [Page H8856]
            Sec. 1511. Access to the Haitian
Refugee Fairness Act of 1998 for
        battered spouses and children.
            Sec. 1512. Access to services and
legal representation for battered
        immigrants.
            Sec. 1513. Protection for certain
crime victims including victims of
        crimes against women.

  TITLE VI-MISCELLANEOUS
            Sec. 1601. Notice requirements for
sexually violent offenders.
            Sec. 1602. Teen suicide prevention
study.
            Sec. 1603. Decade of pain control
and research.

  DIVISION C-MISCELLANEOUS PROVISIONS
            Sec. 2001. Aimee´s law.
            Sec. 2002. Payment of anti-terrorism
judgments.
            Sec. 2003. Aid to victims of
terrorism.
            Sec. 2004. Twenty-first century
amendment.

  DIVISION A-TRAFFICKING VICTIMS PROTECTION ACT
OF 2000
  SEC. 101. SHORT TITLE.
       This division may be cited as the
"Trafficking Victims Protection Act of
  2000".
  SEC. 102. PURPOSES AND FINDINGS.
       (a) PURPOSES.-The purposes of this
division are to combat trafficking in
  persons, a contemporary manifestation of
slavery whose victims are
  predominantly women and children, to ensure
just and effective punishment of
  traffickers, and to protect their victims.
       (b) FINDINGS.-Congress finds that:
                 (1) As the 21st century begins,
the degrading institution of
        slavery continues throughout the world.
Trafficking in persons is a
        modern form of slavery, and it is the
largest manifestation of slavery
        today. At least 700,000 persons
annually, primarily women and children,
        are trafficked within or across
international borders. Approximately
        50,000 women and children are trafficked
into the United States each
        year.
                 (2) Many of these persons are
trafficked into the international
        sex trade, often by force, fraud, or
coercion. The sex industry has
        rapidly expanded over the past several
decades. It involves sexual
        exploitation of persons, predominantly
women and girls, involving
        activities related to prostitution,
pornography, sex tourism, and other
        commercial sexual services. The low
status of women in many parts of the
        world has contributed to a burgeoning of
the trafficking industry.
                 (3) Trafficking in persons is
not limited to the sex industry.
        This growing transnational crime also
includes forced labor and involves
        significant violations of labor, public
health, and human rights
        standards worldwide.
                 (4) Traffickers primarily
target women and girls, who are
        disproportionately affected by poverty,
the lack of access to education,
        chronic unemployment, discrimination,
and the lack of economic
        opportunities in countries of origin.
Traffickers lure women and girls
        into their networks through false
promises of decent working conditions
        at relatively good pay as nannies,
maids, dancers, factory workers,
        restaurant workers, sales clerks, or
models. Traffickers also buy
        children from poor families and sell
them into prostitution or into
        various types of forced or bonded labor.
                 (5) Traffickers often transport
victims from their home
        communities to unfamiliar destinations,
including foreign countries away
        from family and friends, religious
institutions, and other sources of
        protection and support, leaving the
victims defenseless and vulnerable.
                 (6) Victims are often forced
through physical violence to
        engage in sex acts or perform slavery-
like labor. Such force includes
        rape and other forms of sexual abuse,
torture, starvation, imprisonment,
        threats, psychological abuse, and
coercion.
                 (7) Traffickers often make
representations to their victims
        that physical harm may occur to them or
others should the victim escape
        or attempt to escape. Such
representations can have the same coercive
        effects on victims as direct threats to
inflict such harm.
                 (8) Trafficking in persons is
increasingly perpetrated by
        organized, sophisticated criminal
enterprises. Such trafficking is the
        fastest growing source of profits for
organized criminal enterprises
        worldwide. Profits from the trafficking
industry contribute to the
        expansion of organized crime in the
United States and worldwide.
        Trafficking in persons is often aided by
official corruption in
        countries of origin, transit, and
destination, thereby threatening the
        rule of law.
                 (9) Trafficking includes all
the elements of the crime of
        forcible rape when it involves the
involuntary participation of another
        person in sex acts by means of fraud,
force, or coercion.
                 (10) Trafficking also involves
violations of other laws,
        including labor and immigration codes
and laws against kidnapping,
        slavery, false imprisonment, assault,
battery, pandering, fraud, and
        extortion.
                 (11) Trafficking exposes
victims to serious health risks. Women
        and children trafficked in the sex
industry are exposed to deadly
        diseases, including HIV and AIDS.
Trafficking victims are sometimes
        worked or physically brutalized to death.
                 (12) Trafficking in persons
substantially affects interstate
        and foreign commerce. Trafficking for
such purposes as involuntary
        servitude, peonage, and other forms of
forced labor has an impact on the
        nationwide employment network and labor
market. Within the context of
        slavery, servitude, and labor or
services which are obtained or
        maintained through coercive conduct that
amounts to a condition of
        servitude, victims are subjected to a
range of violations.
                 (13) Involuntary servitude
statutes are intended to reach cases
        in which persons are held in a condition
of servitude through nonviolent
        coercion. In United States v. Kozminski,
487 U.S. 931 (1988), the
        Supreme Court found that section 1584 of
title 18, United States Code,
        should be narrowly interpreted, absent a
definition of involuntary
        servitude by Congress. As a result, that
section was interpreted to
        criminalize only servitude that is
brought about through use or
        threatened use of physical or legal
coercion, and to exclude other
        conduct that can have the same purpose
and effect.
                 (14) Existing legislation and
law enforcement in the United
        States and other countries are
inadequate to deter trafficking and bring
        traffickers to justice, failing to
reflect the gravity of the offenses
        involved. No comprehensive law exists in
the United States that
        penalizes the range of offenses involved
in the trafficking scheme.
        Instead, even the most brutal instances
of trafficking in the sex
        industry are often punished under laws
that also apply to lesser
        offenses, so that traffickers typically
escape deserved punishment.
                 (15) In the United States, the
seriousness of this crime and
        its components is not reflected in
current sentencing guidelines,
        resulting in weak penalties for
convicted traffickers.
                 (16) In some countries,
enforcement against traffickers is also
        hindered by official indifference, by
corruption, and sometimes even by
        official participation in trafficking.
                 (17) Existing laws often fail
to protect victims of
        trafficking, and because victims are
often illegal immigrants in the
        destination country, they are repeatedly
punished more harshly than the
        traffickers themselves.
                 (18) Additionally, adequate
services and facilities do not
        exist to meet victims´ needs regarding
health care, housing, education,
        and legal assistance, which safely
reintegrate trafficking victims into
        their home countries.
                 (19) Victims of severe forms of
trafficking should not be
        inappropriately incarcerated, fined, or
otherwise penalized solely for
        unlawful acts committed as a direct
result of being trafficked, such as
        using false documents, entering the
country without documentation, or
        working without documentation.
                 (20) Because victims of
trafficking are frequently unfamiliar
        with the laws, cultures, and languages
of the countries into which they
        have been trafficked, because they are
often subjected to coercion and
        intimidation including physical
detention and debt bondage, and because
        they often fear retribution and forcible
removal to countries in which
        they will face retribution or other
hardship, these victims often find
        it difficult or impossible to report the
crimes committed against them
        or to assist in the investigation and
prosecution of such crimes.
                 (21) Trafficking of persons is
an evil requiring concerted and
        vigorous action by countries of origin,
transit or destination, and by
        international organizations.
                 (22) One of the founding
documents of the United States, the
        Declaration of Independence, recognizes
the inherent dignity and worth
        of all people. It states that all men
are created equal and that they
        are endowed by their Creator with
certain unalienable rights. The right
        to be free from slavery and involuntary
servitude is among those
        unalienable rights. Acknowledging this
fact, the United States outlawed
        slavery and involuntary servitude in
1865, recognizing them as evil
        institutions that must be abolished.
Current practices of sexual slavery
        and trafficking of women and children
are similarly abhorrent to the
        principles upon which the United States
was founded.
                 (23) The United States and the
international community agree
        that trafficking in persons involves
grave violations of human rights
        and is a matter of pressing
international concern. The international
        community has repeatedly condemned
slavery and involuntary servitude,
        violence against women, and other
elements of trafficking, through
        declarations, treaties, and United
Nations resolutions and reports,
        including the Universal Declaration of
Human Rights; the 1956
        Supplementary Convention on the
Abolition of Slavery, the Slave Trade,
        and Institutions and Practices Similar
to Slavery; the 1948 American
        Declaration on the Rights and Duties of
Man; the 1957 Abolition of
        Forced Labor Convention; the
International Covenant on Civil and
        Political Rights; the Convention Against
Torture and Other Cruel,
        Inhuman or Degrading Treatment or
Punishment; United Nations General
        Assembly Resolutions 50/167, 51/66, and
52/98; the Final Report of the
        World Congress against Sexual
Exploitation of Children (Stockholm,
        1996); the Fourth World Conference on
Women (Beijing, 1995); and the
        1991 Moscow Document of the Organization
for Security and Cooperation in
        Europe.
                 (24) Trafficking in persons is
a transnational crime with
        national implications. To deter
international trafficking and bring its
        perpetrators to justice, nations
including the United States must
        recognize that trafficking is a serious
offense. This is done by
        prescribing appropriate punishment,
giving priority to the prosecution
        of trafficking offenses, and protecting
rather than punishing the
        victims of such offenses. The United
States must work bilaterally and
        multilaterally to abolish the
trafficking industry by taking steps to
        promote cooperation among countries
linked together by international
        trafficking routes. The United States
must also urge the international
        community to take strong action in
multilateral fora to engage
        recalcitrant countries in serious and
sustained efforts to eliminate
        trafficking and protect trafficking
victims.

  SEC. 103. DEFINITIONS.
       In this division:
                 (1) APPROPRIATE CONGRESSIONAL
COMMITTEES.-The term "appropriate
        congressional committees" means the
Committee on Foreign Relations and
        the Committee on the Judiciary of the
Senate and the Committee on
        International Relations and the
Committee on the Judiciary of the House
        of Representatives.
                 (2) COERCION.-The term
"coercion" means-
                     (A) threats of serious harm
to or physical restraint
        against any person;
                     (B) any scheme, plan, or
pattern intended to cause a person
        to believe that failure to perform an
act would result in serious harm
        to or physical restraint against any
person; or
        [Page H8857]
                     (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.".
  [Page H8858]
  SEC. 105. INTERAGENCY TASK FORCE TO MONITOR
AND COMBAT TRAFFICKING.
       (a) ESTABLISHMENT.-The President shall
establish an Interagency Task
  Force to Monitor and Combat Trafficking.
       (b) APPOINTMENT.-The President shall
appoint the members of the Task
  Force, which shall include the Secretary of
State, the Administrator of the
  United States Agency for International
Development, the Attorney General, the
  Secretary of Labor, the Secretary of Health
and Human Services, the Director
  of Central Intelligence, and such other
officials as may be designated by the
  President.
       (c) CHAIRMAN.-The Task Force shall be
chaired by the Secretary of State.
       (d) ACTIVITIES OF THE TASK FORCE.-The
Task Force shall carry out the
  following activities:
                 (1) Coordinate the
implementation of this division.
                 (2) Measure and evaluate
progress of the United States and
        other countries in the areas of
trafficking prevention, protection, and
        assistance to victims of trafficking,
and prosecution and enforcement
        against traffickers, including the role
of public corruption in
        facilitating trafficking. The Task Force
shall have primary
        responsibility for assisting the
Secretary of State in the preparation
        of the reports described in section 110.
                 (3) Expand interagency
procedures to collect and organize data,
        including significant research and
resource information on domestic and
        international trafficking. Any data
collection procedures established
        under this subsection shall respect the
confidentiality of victims of
        trafficking.
                 (4) Engage in efforts to
facilitate cooperation among countries
        of origin, transit, and destination.
Such efforts shall aim to
        strengthen local and regional capacities
to prevent trafficking,
        prosecute traffickers and assist
trafficking victims, and shall include
        initiatives to enhance cooperative
efforts between destination countries
        and countries of origin and assist in
the appropriate reintegration of
        stateless victims of trafficking.
                 (5) Examine the role of the
international "sex tourism"
        industry in the trafficking of persons
and in the sexual exploitation of
        women and children around the world.
                 (6) Engage in consultation and
advocacy with governmental and
        nongovernmental organizations, among
other entities, to advance the
        purposes of this division.

       (e) SUPPORT FOR THE TASK FORCE.-The
Secretary of State is authorized to
  establish within the Department of State an
Office to Monitor and Combat
  Trafficking, which shall provide assistance to
the Task Force. Any such Office
  shall be headed by a Director. The Director
shall have the primary
  responsibility for assisting the Secretary of
State in carrying out the
  purposes of this division and may have
additional responsibilities as
  determined by the Secretary. The Director
shall consult with nongovernmental
  organizations and multilateral organizations,
and with trafficking victims or
  other affected persons. The Director shall
have the authority to take evidence
  in public hearings or by other means. The
agencies represented on the Task
  Force are authorized to provide staff to the
Office on a nonreimbursable
basis.
  SEC. 106. PREVENTION OF TRAFFICKING.
       (a) ECONOMIC ALTERNATIVES TO PREVENT AND
DETER TRAFFICKING.-The President
  shall establish and carry out international
initiatives to enhance economic
  opportunity for potential victims of
trafficking as a method to deter
  trafficking. Such initiatives may include-
                 (1) microcredit lending
programs, training in business
        development, skills training, and job
counseling;
                 (2) programs to promote women´s
participation in economic
        decisionmaking;
                 (3) programs to keep children,
especially girls, in elementary
        and secondary schools, and to educate
persons who have been victims of
        trafficking;
                 (4) development of educational
curricula regarding the dangers
        of trafficking; and
                 (5) grants to nongovernmental
organizations to accelerate and
        advance the political, economic, social,
and educational roles and
        capacities of women in their countries.

       (b) PUBLIC AWARENESS AND INFORMATION.-The
President, acting through the
  Secretary of Labor, the Secretary of Health
and Human Services, the Attorney
  General, and the Secretary of State, shall
establish and carry out programs to
  increase public awareness, particularly among
potential victims of
  trafficking, of the dangers of trafficking and
the protections that are
  available for victims of trafficking.
       (c) CONSULTATION REQUIREMENT.-The
President shall consult with
  appropriate nongovernmental organizations with
respect to the establishment
  and conduct of initiatives described in
subsections (a) and (b).
  SEC. 107. PROTECTION AND ASSISTANCE FOR
VICTIMS OF TRAFFICKING.
       (a) ASSISTANCE FOR VICTIMS IN OTHER
COUNTRIES.-
                 (1) IN GENERAL.-The Secretary
of State and the Administrator of
        the United States Agency for
International Development, in consultation
        with appropriate nongovernmental
organizations, shall establish and
        carry out programs and initiatives in
foreign countries to assist in the
        safe integration, reintegration, or
resettlement, as appropriate, of
        victims of trafficking. Such programs
and initiatives shall be designed
        to meet the appropriate assistance needs
of such persons and their
        children, as identified by the Task
Force.
                 (2) ADDITIONAL REQUIREMENT.-In
establishing and conducting
        programs and initiatives described in
paragraph (1), the Secretary of
        State and the Administrator of the
United States Agency for
        International Development shall take all
appropriate steps to enhance
        cooperative efforts among foreign
countries, including countries of
        origin of victims of trafficking, to
assist in the integration,
        reintegration, or resettlement, as
appropriate, of victims of
        trafficking, including stateless victims.

       (b) VICTIMS IN THE UNITED STATES.-
                 (1) ASSISTANCE.-
                     (A) ELIGIBILITY FOR
BENEFITS AND SERVICES.-Notwithstanding
        title IV of the Personal Responsibility
and Work Opportunity
        Reconciliation Act of 1996, an alien who
is a victim of a severe form of
        trafficking in persons shall be eligible
for benefits and services under
        any Federal or State program or activity
funded or administered by any
        official or agency described in
subparagraph (B) to the same extent as
        an alien who is admitted to the United
States as a refugee under section
        207 of the Immigration and Nationality
Act.
                     (B) REQUIREMENT TO EXPAND
BENEFITS AND SERVICES.-Subject to
        subparagraph (C) and, in the case of
nonentitlement programs, to the
        availability of appropriations, the
Secretary of Health and Human
        Services, the Secretary of Labor, the
Board of Directors of the Legal
        Services Corporation, and the heads of
other Federal agencies shall
        expand benefits and services to victims
of severe forms of trafficking
        in persons in the United States, without
regard to the immigration
        status of such victims.
                     (C) DEFINITION OF VICTIM OF
A SEVERE FORM OF TRAFFICKING IN
        PERSONS.-For the purposes of this
paragraph, the term "victim of a
        severe form of trafficking in persons"
means only a person-
                         (i) who has been
subjected to an act or practice
        described in section 103(8) as in effect
on the date of the enactment of
        this Act; and
                         (ii)(I) who has not
attained 18 years of age; or
                         (II) who is the subject
of a certification under
        subparagraph (E).
                     (D) ANNUAL REPORT.-Not
later than December 31 of each year,
        the Secretary of Health and Human
Services, in consultation with the
        Secretary of Labor, the Board of
Directors of the Legal Services
        Corporation, and the heads of other
appropriate Federal agencies shall
        submit a report, which includes
information on the number of persons who
        received benefits or other services
under this paragraph in connection
        with programs or activities funded or
administered by such agencies or
        officials during the preceding fiscal
year, to the Committee on Ways and
        Means, the Committee on International
Relations, and the Committee on
        the Judiciary of the House of
Representatives and the Committee on
        Finance, the Committee on Foreign
Relations, and the Committee on the
        Judiciary of the Senate.
                     (E) CERTIFICATION.-
                         (i) IN GENERAL.-Subject
to clause (ii), the
        certification referred to in
subparagraph (C) is a certification by the
        Secretary of Health and Human Services,
after consultation with the
        Attorney General, that the person
referred to in subparagraph
        (C)(ii)(II)-
                             (I) is willing to
assist in every reasonable way in
        the investigation and prosecution of
severe forms of trafficking in
        persons; and
                             (II)(aa) has made a
bona fide application for a
        visa under section 101(a)(15)(T) of the
Immigration and Nationality Act,
        as added by subsection (e), that has not
been denied; or
                             (bb) is a person
whose continued presence in the
        United States the Attorney General is
ensuring in order to effectuate
        prosecution of traffickers in persons.
                         (ii) PERIOD OF
EFFECTIVENESS.-A certification referred
        to in subparagraph (C), with respect to
a person described in clause
        (i)(II)(bb), shall be effective only for
so long as the Attorney General
        determines that the continued presence
of such person is necessary to
        effectuate prosecution of traffickers in
persons.
                         (iii) INVESTIGATION AND
PROSECUTION DEFINED.-For the
        purpose of a certification under this
subparagraph, the term
        "investigation and prosecution" includes-
                             (I) identification
of a person or persons who have
        committed severe forms of trafficking in
persons;
                             (II) location and
apprehension of such persons; and
                             (III) testimony at
proceedings against such
persons.
                 (2) GRANTS.-
                     (A) IN GENERAL.-Subject to
the availability of
        appropriations, the Attorney General may
make grants to States, Indian
        tribes, units of local government, and
nonprofit, nongovernmental
        victims´ service organizations to
develop, expand, or strengthen victim
        service programs for victims of
trafficking.
                     (B) ALLOCATION OF GRANT
FUNDS.-Of amounts made available
        for grants under this paragraph, there
shall be set aside-
                         (i) three percent for
research, evaluation, and
        statistics;
                         (ii) two percent for
training and technical assistance;
        and
                         (iii) one percent for
management and administration.
                     (C) LIMITATION ON FEDERAL
SHARE.-The Federal share of a
        grant made under this paragraph may not
exceed 75 percent of the total
        costs of the projects described in the
application submitted.

       (c) TRAFFICKING VICTIM REGULATIONS.-Not
later than 180 days after the
  date of enactment of this Act, the Attorney
General and the Secretary of State
  shall promulgate regulations for law
enforcement personnel, immigration
  officials, and Department of State officials
to implement the following:
                 (1) PROTECTIONS WHILE IN
CUSTODY.-Victims of severe forms of
        trafficking, while in the custody of the
Federal Government and to the
        extent practicable, shall-
                     (A) not be detained in
facilities inappropriate to their
        status as crime victims;

  [Page H8859]
                     (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:
  [Page H8860]
                 (1) Whether the government of
the country vigorously
        investigates and prosecutes acts of
severe forms of trafficking in
        persons that take place wholly or partly
within the territory of the
        country.
                 (2) Whether the government of
the country protects victims of
        severe forms of trafficking in persons
and encourages their assistance
        in the investigation and prosecution of
such trafficking, including
        provisions for legal alternatives to
their removal to countries in which
        they would face retribution or hardship,
and ensures that victims are
        not inappropriately incarcerated, fined,
or otherwise penalized solely
        for unlawful acts as a direct result of
being trafficked.
                 (3) Whether the government of
the country has adopted measures
        to prevent severe forms of trafficking
in persons, such as measures to
        inform and educate the public, including
potential victims, about the
        causes and consequences of severe forms
of trafficking in persons.
                 (4) Whether the government of
the country cooperates with other
        governments in the investigation and
prosecution of severe forms of
        trafficking in persons.
                 (5) Whether the government of
the country extradites persons
        charged with acts of severe forms of
trafficking in persons on
        substantially the same terms and to
substantially the same extent as
        persons charged with other serious
crimes (or, to the extent such
        extradition would be inconsistent with
the laws of such country or with
        international agreements to which the
country is a party, whether the
        government is taking all appropriate
measures to modify or replace such
        laws and treaties so as to permit such
extradition).
                 (6) Whether the government of
the country monitors immigration
        and emigration patterns for evidence of
severe forms of trafficking in
        persons and whether law enforcement
agencies of the country respond to
        any such evidence in a manner that is
consistent with the vigorous
        investigation and prosecution of acts of
such trafficking, as well as
        with the protection of human rights of
victims and the internationally
        recognized human right to leave any
country, including one´s own, and to
        return to one´s own country.
                 (7) Whether the government of
the country vigorously
        investigates and prosecutes public
officials who participate in or
        facilitate severe forms of trafficking
in persons, and takes all
        appropriate measures against officials
who condone such trafficking.

  SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO
MEET MINIMUM STANDARDS.
       Chapter 1 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151
  et seq.) is amended by adding at the end the
following new section:
  "SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO
MEET MINIMUM STANDARDS FOR THE
  ELIMINATION OF TRAFFICKING.
       "(a) AUTHORIZATION.-The President is
authorized to provide assistance to
  foreign countries directly, or through
nongovernmental and multilateral
  organizations, for programs, projects, and
activities designed to meet the
  minimum standards for the elimination of
trafficking (as defined in section
  103 of the Trafficking Victims Protection Act
of 2000), including-
                 "(1) the drafting of laws to
prohibit and punish acts of
        trafficking;
                 "(2) the investigation and
prosecution of traffickers;
                 "(3) the creation and
maintenance of facilities, programs,
        projects, and activities for the
protection of victims; and
                 "(4) the expansion of exchange
programs and international
        visitor programs for governmental and
nongovernmental personnel to
        combat trafficking.

       "(b) FUNDING.-Amounts made available to
carry out the other provisions of
  this part (including chapter 4 of part II of
this Act) and the Support for
  East European Democracy (SEED) Act of 1989
shall be made available to carry
  out this section.".
  SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING
TO MEET MINIMUM STANDARDS.
       (a) STATEMENT OF POLICY.-It is the policy
of the United States not to
  provide nonhumanitarian, nontrade-related
foreign assistance to any government
  that-
                 (1) does not comply with
minimum standards for the elimination
        of trafficking; and
                 (2) is not making significant
efforts to bring itself into
        compliance with such standards.

       (b) REPORTS TO CONGRESS.-
                 (1) ANNUAL REPORT.-Not later
than June 1 of each year, the
        Secretary of State shall submit to the
appropriate congressional
        committees a report with respect to the
status of severe forms of
        trafficking in persons that shall
include-
                     (A) a list of those
countries, if any, to which the minimum
        standards for the elimination of
trafficking are applicable and whose
        governments fully comply with such
standards;
                     (B) a list of those
countries, if any, to which the minimum
        standards for the elimination of
trafficking are applicable and whose
        governments do not yet fully comply with
such standards but are making
        significant efforts to bring themselves
into compliance; and
                     (C) a list of those
countries, if any, to which the minimum
        standards for the elimination of
trafficking are applicable and whose
        governments do not fully comply with
such standards and are not making
        significant efforts to bring themselves
into compliance.
                 (2) INTERIM REPORTS.-In
addition to the annual report under
        paragraph (1), the Secretary of State
may submit to the appropriate
        congressional committees at any time one
or more interim reports with
        respect to the status of severe forms of
trafficking in persons,
        including information about countries
whose governments-
                     (A) have come into or out
of compliance with the minimum
        standards for the elimination of
trafficking; or
                     (B) have begun or ceased to
make significant efforts to
        bring themselves into compliance,
                since the transmission of the
last annual report.
                 (3) SIGNIFICANT EFFORTS.-In
determinations under paragraph (1)
        or (2) as to whether the government of a
country is making significant
        efforts to bring itself into compliance
with the minimum standards for
        the elimination of trafficking, the
Secretary of State shall consider-
                     (A) the extent to which the
country is a country of origin,
        transit, or destination for severe forms
of trafficking;
                     (B) the extent of
noncompliance with the minimum standards
        by the government and, particularly, the
extent to which officials or
        employees of the government have
participated in, facilitated, condoned,
        or are otherwise complicit in severe
forms of trafficking; and
                     (C) what measures are
reasonable to bring the government
        into compliance with the minimum
standards in light of the resources and
        capabilities of the government.

       (c) NOTIFICATION.-Not less than 45 days
or more than 90 days after the
  submission, on or after January 1, 2003, of an
annual report under subsection
  (b)(1), or an interim report under subsection
(b)(2), the President shall
  submit to the appropriate congressional
committees a notification of one of
  the determinations listed in subsection (d)
with respect to each foreign
  country whose government, according to such
report-
                 (A) does not comply with the
minimum standards for the
        elimination of trafficking; and
                 (B) is not making significant
efforts to bring itself into
        compliance, as described in subsection
(b)(1)(C).

       (d) PRESIDENTIAL DETERMINATIONS.-The
determinations referred to in
  subsection (c) are the following:
                 (1) WITHHOLDING OF
NONHUMANITARIAN, NONTRADE-RELATED
        ASSISTANCE.-The President has determined
that-
                     (A)(i) the United States
will not provide nonhumanitarian,
        nontrade-related foreign assistance to
the government of the country for
        the subsequent fiscal year until such
government complies with the
        minimum standards or makes significant
efforts to bring itself into
        compliance; or
                     (ii) in the case of a
country whose government received no
        nonhumanitarian, nontrade-related
foreign assistance from the United
        States during the previous fiscal year,
the United States will not
        provide funding for participation by
officials or employees of such
        governments in educational and cultural
exchange programs for the
        subsequent fiscal year until such
government complies with the minimum
        standards or makes significant efforts
to bring itself into compliance;
        and
                     (B) the President will
instruct the United States Executive
        Director of each multilateral
development bank and of the International
        Monetary Fund to vote against, and to
use the Executive Director´s best
        efforts to deny, any loan or other
utilization of the funds of the
        respective institution to that country
(other than for humanitarian
        assistance, for trade-related
assistance, or for development assistance
        which directly addresses basic human
needs, is not administered by the
        government of the sanctioned country,
and confers no benefit to that
        government) for the subsequent fiscal
year until such government
        complies with the minimum standards or
makes significant efforts to
        bring itself into compliance.
                 (2) ONGOING, MULTIPLE, BROAD-
BASED RESTRICTIONS ON ASSISTANCE
        IN RESPONSE TO HUMAN RIGHTS VIOLATIONS.-
The President has determined
        that such country is already subject to
multiple, broad-based
        restrictions on assistance imposed in
significant part in response to
        human rights abuses and such
restrictions are ongoing and are comparable
        to the restrictions provided in
paragraph (1). Such determination shall
        be accompanied by a description of the
specific restriction or
        restrictions that were the basis for
making such determination.
                 (3) SUBSEQUENT COMPLIANCE.-The
Secretary of State has
        determined that the government of the
country has come into compliance
        with the minimum standards or is making
significant efforts to bring
        itself into compliance.
                 (4) CONTINUATION OF ASSISTANCE
IN THE NATIONAL
        INTEREST.-Notwithstanding the failure of
the government of the country
        to comply with minimum standards for the
elimination of trafficking and
        to make significant efforts to bring
itself into compliance, the
        President has determined that the
provision to the country of
        nonhumanitarian, nontrade-related
foreign assistance, or the
        multilateral assistance described in
paragraph (1)(B), or both, would
        promote the purposes of this division or
is otherwise in the national
        interest of the United States.
                 (5) EXERCISE OF WAIVER
AUTHORITY.-
                     (A) IN GENERAL.-The
President may exercise the authority
        under paragraph (4) with respect to-
                         (i) all
nonhumanitarian, nontrade-related foreign
        assistance to a country;
                         (ii) all multilateral
assistance described in paragraph
        (1)(B) to a country; or
                         (iii) one or more
programs, projects, or activities of
        such assistance.
                     (B) AVOIDANCE OF
SIGNIFICANT ADVERSE EFFECTS.-The President
        shall exercise the authority under
paragraph (4) when necessary to avoid
        significant adverse effects on
vulnerable populations, including women
        and children.
                 (6) DEFINITION OF MULTILATERAL
DEVELOPMENT BANK.-In this
        subsection, the term "multilateral
development bank" refers to any of
        the following institutions: the
International Bank for Reconstruction
        and Development, the International
Development Association, the
        International Finance Corporation, the
Inter-American Development Bank,
        the Asian Development Bank, the Inter-
American Investment Corporation,
        the African Development Bank, the
African Development Fund, the European
        Bank for Reconstruction and Development,
and the Multilateral Investment
        Guaranty Agency.
        [Page H8861]

       (e) CERTIFICATION.-Together with any
notification under subsection (c),
  the President shall provide a certification by
the Secretary of State that,
  with respect to any assistance described in
clause (ii), (iii), or (v) of
  section 103(7)(A), or with respect to any
assistance described in section
  103(7)(B), no assistance is intended to be
received or used by any agency or
  official who has participated in, facilitated,
or condoned a severe form of
  trafficking in persons.
  SEC. 111. ACTIONS AGAINST SIGNIFICANT
TRAFFICKERS IN PERSONS.
       (a) AUTHORITY TO SANCTION SIGNIFICANT
TRAFFICKERS IN PERSONS.-
                 (1) IN GENERAL.-The President
may exercise the authorities set
        forth in section 203 of the
International Emergency Economic Powers Act
        (50 U.S.C. 1701) without regard to
section 202 of that Act (50 U.S.C.
        1701) in the case of any of the
following persons:
                     (A) Any foreign person that
plays a significant role in a
        severe form of trafficking in persons,
directly or indirectly in the
        United States.
                     (B) Foreign persons that
materially assist in, or provide
        financial or technological support for
or to, or provide goods or
        services in support of, activities of a
significant foreign trafficker
        in persons identified pursuant to
subparagraph (A).
                     (C) Foreign persons that
are owned, controlled, or directed
        by, or acting for or on behalf of, a
significant foreign trafficker
        identified pursuant to subparagraph (A).
                 (2) PENALTIES.-The penalties
set forth in section 206 of the
        International Emergency Economic Powers
Act (50 U.S.C. 1705) apply to
        violations of any license, order, or
regulation issued under this
        section.

       (b) REPORT TO CONGRESS ON IDENTIFICATION
AND SANCTIONING OF SIGNIFICANT
  TRAFFICKERS IN PERSONS.-
                 (1) IN GENERAL.-Upon exercising
the authority of subsection
        (a), the President shall report to the
appropriate congressional
        committees-
                     (A) identifying publicly
the foreign persons that the
        President determines are appropriate for
sanctions pursuant to this
        section and the basis for such
determination; and
                     (B) detailing publicly the
sanctions imposed pursuant to
        this section.
                 (2) REMOVAL OF SANCTIONS.-Upon
suspending or terminating any
        action imposed under the authority of
subsection (a), the President
        shall report to the committees described
in paragraph (1) on such
        suspension or termination.
                 (3) SUBMISSION OF CLASSIFIED
INFORMATION.-Reports submitted
        under this subsection may include an
annex with classified information
        regarding the basis for the
determination made by the President under
        paragraph (1)(A).

       (c) LAW ENFORCEMENT AND INTELLIGENCE
ACTIVITIES NOT AFFECTED.-Nothing in
  this section prohibits or otherwise limits the
authorized law enforcement or
  intelligence activities of the United States,
or the law enforcement
  activities of any State or subdivision thereof.
       (d) EXCLUSION OF PERSONS WHO HAVE
BENEFITED FROM ILLICIT ACTIVITIES OF
  TRAFFICKERS IN PERSONS.-Section 212(a)(2) of
the Immigration and Nationality
  Act (8 U.S.C. 1182(a)(2)) is amended by
inserting at the end the following new
  subparagraph:
                     "(H) SIGNIFICANT
TRAFFICKERS IN PERSONS.-
                         "(i) IN GENERAL.-Any
alien who is listed in a report
        submitted pursuant to section 111(b) of
the Trafficking Victims
        Protection Act of 2000, or who the
consular officer or the Attorney
        General knows or has reason to believe
is or has been a knowing aider,
        abettor, assister, conspirator, or
colluder with such a trafficker in
        severe forms of trafficking in persons,
as defined in the section 103 of
        such Act, is inadmissible.
                         "(ii) BENEFICIARIES OF
TRAFFICKING.-Except as provided
        in clause (iii), any alien who the
consular officer or the Attorney
        General knows or has reason to believe
is the spouse, son, or daughter
        of an alien inadmissible under clause
(i), has, within the previous 5
        years, obtained any financial or other
benefit from the illicit activity
        of that alien, and knew or reasonably
should have known that the
        financial or other benefit was the
product of such illicit activity, is
        inadmissible.
                         "(iii) EXCEPTION FOR
CERTAIN SONS AND DAUGHTERS.-Clause
        (ii) shall not apply to a son or
daughter who was a child at the time he
        or she received the benefit described in
such clause.".

       (e) IMPLEMENTATION.-
                 (1) DELEGATION OF AUTHORITY.-
The President may delegate any
        authority granted by this section,
including the authority to designate
        foreign persons under paragraphs (1)(B)
and (1)(C) of subsection (a).
                 (2) PROMULGATION OF RULES AND
REGULATIONS.-The head of any
        agency, including the Secretary of
Treasury, is authorized to take such
        actions as may be necessary to carry out
any authority delegated by the
        President pursuant to paragraph (1),
including promulgating rules and
        regulations.
                 (3) OPPORTUNITY FOR REVIEW.-
Such rules and regulations shall
        include procedures affording an
opportunity for a person to be heard in
        an expeditious manner, either in person
or through a representative, for
        the purpose of seeking changes to or
termination of any determination,
        order, designation or other action
associated with the exercise of the
        authority in subsection (a).

       (f) DEFINITION OF FOREIGN PERSONS.-In
this section, the term "foreign
  person" means any citizen or national of a
foreign state or any entity not
  organized under the laws of the United States,
including a foreign government
  official, but does not include a foreign state.
       (g) CONSTRUCTION.-Nothing in this section
shall be construed as
  precluding judicial review of the exercise of
the authority described in
  subsection (a).
  SEC. 112. STRENGTHENING PROSECUTION AND
PUNISHMENT OF TRAFFICKERS.
       (a) TITLE 18 AMENDMENTS.-Chapter 77 of
title 18, United States Code, is
  amended-
                 (1) in each of sections
1581(a), 1583, and 1584-
                     (A) by striking "10 years"
and inserting "20 years"; and
                     (B) by adding at the end
the following: "If death results
        from the violation of this section, or
if the violation includes
        kidnapping or an attempt to kidnap,
aggravated sexual abuse or the
        attempt to commit aggravated sexual
abuse, or an attempt to kill, the
        defendant shall be fined under this
title or imprisoned for any term of
        years or life, or both.";
                 (2) by inserting at the end the
following:

  "§1589. Forced labor
       "Whoever knowingly provides or obtains
the labor or services of a person-
                 "(1) by threats of serious harm
to, or physical restraint
        against, that person or another person;
                 "(2) by means of any scheme,
plan, or pattern intended to cause
        the person to believe that, if the
person did not perform such labor or
        services, that person or another person
would suffer serious harm or
        physical restraint; or
                 "(3) by means of the abuse or
threatened abuse of law or the
        legal process,

      shall be fined under this title or
imprisoned not more than 20 years, or
  both. If death results from the violation of
this section, or if the violation
  includes kidnapping or an attempt to kidnap,
aggravated sexual abuse or the
  attempt to commit aggravated sexual abuse, or
an attempt to kill, the
  defendant shall be fined under this title or
imprisoned for any term of years
  or life, or both.
  "§1590. Trafficking with respect to peonage,
slavery, involuntary servitude,
  or forced labor
       "Whoever knowingly recruits, harbors,
transports, provides, or obtains by
  any means, any person for labor or services in
violation of this chapter shall
  be fined under this title or imprisoned not
more than 20 years, or both. If
  death results from the violation of this
section, or if the violation includes
  kidnapping or an attempt to kidnap, aggravated
sexual abuse, or the attempt to
  commit aggravated sexual abuse, or an attempt
to kill, the defendant shall be
  fined under this title or imprisoned for any
term of years or life, or both.
  "§1591. Sex trafficking of children or by
force, fraud or coercion
       "(a) Whoever knowingly-
                 "(1) in or affecting interstate
commerce, recruits, entices,
        harbors, transports, provides, or
obtains by any means a person; or
                 "(2) benefits, financially or
by receiving anything of value,
        from participation in a venture which
has engaged in an act described in
        violation of paragraph (1),

      knowing that force, fraud, or coercion
described in subsection (c)(2) will
  be used to cause the person to engage in a
commercial sex act, or that the
  person has not attained the age of 18 years
and will be caused to engage in a
  commercial sex act, shall be punished as
provided in subsection (b).
       "(b) The punishment for an offense under
subsection (a) is-
                 "(1) if the offense was
effected by force, fraud, or coercion
        or if the person transported had not
attained the age of 14 years at the
        time of such offense, by a fine under
this title or imprisonment for any
        term of years or for life, or both; or
                 "(2) if the offense was not so
effected, and the person
        transported had attained the age of 14
years but had not attained the
        age of 18 years at the time of such
offense, by a fine under this title
        or imprisonment for not more than 20
years, or both.

       "(c) In this section:
                 "(1) The term `commercial sex
act´ means any sex act, on
        account of which anything of value is
given to or received by any
        person."
                 "(2) The term `coercion´ means-
                     "(A) threats of serious
harm to or physical restraint
        against any person;
                     "(B) any scheme, plan, or
pattern intended to cause a
        person to believe that failure to
perform an act would result in serious
        harm to or physical restraint against
any person; or
                     "(C) the abuse or
threatened abuse of law or the legal
        process.
                 "(3) The term `venture´ means
any group of 2 or more
        individuals associated in fact, whether
or not a legal entity.

  "§1592. Unlawful conduct with respect to
documents in furtherance of
  trafficking, peonage, slavery, involuntary
servitude, or forced labor
       "(a) Whoever knowingly destroys,
conceals, removes, confiscates, or
  possesses any actual or purported passport or
other immigration document, or
  any other actual or purported government
identification document, of another
  person-
                 "(1) in the course of a
violation of section 1581, 1583, 1584,
        1589, 1590, 1591, or 1594(a);
                 "(2) with intent to violate
section 1581, 1583, 1584, 1589,
        1590, or 1591; or
                 "(3) to prevent or restrict or
to attempt to prevent or
        restrict, without lawful authority, the
person´s liberty to move or
        travel, in order to maintain the labor
or services of that person, when
        the person is or has been a victim of a
severe form of trafficking in
        persons, as defined in section 103 of
the Trafficking Victims Protection
        Act of 2000;

      shall be fined under this title or
imprisoned for not more than 5 years,
  or both.
       "(b) Subsection (a) does not apply to the
conduct of a person who is or
  has been a victim of a severe form of
trafficking in persons, as defined in
  section 103 of the Trafficking Victims
Protection Act of 2000, if that conduct
  is caused by, or incident to, that trafficking.
  [Page H8862]
  "§1593. Mandatory restitution
       "(a) Notwithstanding sections 3663 or
3663A, and in addition to any other
  civil or criminal penalties authorized by law,
the court shall order
  restitution for any offense under this chapter.
       "(b)(1) The order of restitution under
this section shall direct the
  defendant to pay the victim (through the
appropriate court mechanism) the full
  amount of the victim´s losses, as determined
by the court under paragraph (3)
  of this subsection.
       "(2) An order of restitution under this
section shall be issued and
  enforced in accordance with section 3664 in
the same manner as an order under
  section 3663A.
       "(3) As used in this subsection, the term
`full amount of the victim´s
  losses´ has the same meaning as provided in
section 2259(b)(3) and shall in
  addition include the greater of the gross
income or value to the defendant of
  the victim´s services or labor or the value of
the victim´s labor as
  guaranteed under the minimum wage and overtime
guarantees of the Fair Labor
  Standards Act (29 U.S.C. 201, et seq.).
       "(c) As used in this section, the term
`victim´ means the individual
  harmed as a result of a crime under this
chapter, including, in the case of a
  victim who is under 18 years of age,
incompetent, incapacitated, or deceased,
  the legal guardian of the victim or a
representative of the victim´s estate,
  or another family member, or any other person
appointed as suitable by the
  court, but in no event shall the defendant be
named such representative or
  guardian.
  "§1594. General provisions
       "(a) Whoever attempts to violate section
1581, 1583, 1584, 1589, 1590, or
  1591 shall be punishable in the same manner as
a completed violation of that
  section.
       "(b) The court, in imposing sentence on
any person convicted of a
  violation of this chapter, shall order, in
addition to any other sentence
  imposed and irrespective of any provision of
State law, that such person shall
  forfeit to the United States-
                 "(1) such person´s interest in
any property, real or personal,
        that was used or intended to be used to
commit or to facilitate the
        commission of such violation; and
                 "(2) any property, real or
personal, constituting or derived
        from, any proceeds that such person
obtained, directly or indirectly, as
        a result of such violation.

       "(c)(1) The following shall be subject to
forfeiture to the United States
  and no property right shall exist in them:
                 "(A) Any property, real or
personal, used or intended to be
        used to commit or to facilitate the
commission of any violation of this
        chapter.
                 "(B) Any property, real or
personal, which constitutes or is
        derived from proceeds traceable to any
violation of this chapter.

       "(2) The provisions of chapter 46 of this
title relating to civil
  forfeitures shall extend to any seizure or
civil forfeiture under this
  subsection.
       "(d) WITNESS PROTECTION.-Any violation of
this chapter shall be
  considered an organized criminal activity or
other serious offense for the
  purposes of application of chapter 224
(relating to witness protection)."; and
                 (3) by amending the table of
sections at the beginning of
        chapter 77 by adding at the end the
following new items:
            "1589. Forced labor.
            "1590. Trafficking with respect to
peonage, slavery, involuntary
        servitude, or forced labor.
            "1591. Sex trafficking of children
or by force, fraud, or coercion.
            "1592. Unlawful conduct with respect
to documents in furtherance of
        trafficking, peonage, slavery,
involuntary servitude, or forced labor.
            "1593. Mandatory restitution.
            "1594. General provisions.".

       (b) AMENDMENT TO THE SENTENCING
GUIDELINES.-
                 (1) Pursuant to its authority
under section 994 of title 28,
        United States Code, and in accordance
with this section, the United
        States Sentencing Commission shall
review and, if appropriate, amend the
        sentencing guidelines and policy
statements applicable to persons
        convicted of offenses involving the
trafficking of persons including
        component or related crimes of peonage,
involuntary servitude, slave
        trade offenses, and possession, transfer
or sale of false immigration
        documents in furtherance of trafficking,
and the Fair Labor Standards
        Act and the Migrant and Seasonal
Agricultural Worker Protection Act.
                 (2) In carrying out this
subsection, the Sentencing Commission
        shall-
                     (A) take all appropriate
measures to ensure that these
        sentencing guidelines and policy
statements applicable to the offenses
        described in paragraph (1) of this
subsection are sufficiently stringent
        to deter and adequately reflect the
heinous nature of such offenses;
                     (B) consider conforming the
sentencing guidelines
        applicable to offenses involving
trafficking in persons to the
        guidelines applicable to peonage,
involuntary servitude, and slave trade
        offenses; and
                     (C) consider providing
sentencing enhancements for those
        convicted of the offenses described in
paragraph (1) of this subsection
        that-
                         (i) involve a large
number of victims;
                         (ii) involve a pattern
of continued and flagrant
        violations;
                         (iii) involve the use
or threatened use of a dangerous
        weapon; or
                         (iv) result in the
death or bodily injury of any
person.
                 (3) The Commission may
promulgate the guidelines or amendments
        under this subsection in accordance with
the procedures set forth in
        section 21(a) of the Sentencing Act of
1987, as though the authority
        under that Act had not expired.

  SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.
       (a) AUTHORIZATION OF APPROPRIATIONS IN
SUPPORT OF THE TASK FORCE.-To
  carry out the purposes of sections 104, 105,
and 110, there are authorized to
  be appropriated to the Secretary of State
$1,500,000 for fiscal year 2001 and
  $3,000,000 for fiscal year 2002.
       (b) AUTHORIZATION OF APPROPRIATIONS TO
THE SECRETARY OF HEALTH AND HUMAN
  SERVICES.-To carry out the purposes of section
107(b), there are authorized to
  be appropriated to the Secretary of Health and
Human Services $5,000,000 for
  fiscal year 2001 and $10,000,000 for fiscal
year 2002.
       (c) AUTHORIZATION OF APPROPRIATIONS TO
THE SECRETARY OF STATE.-
                 (1) ASSISTANCE FOR VICTIMS IN
OTHER COUNTRIES.-To carry out the
        purposes of section 107(a), there are
authorized to be appropriated to
        the Secretary of State $5,000,000 for
fiscal year 2001 and $10,000,000
        for fiscal year 2002.
                 (2) VOLUNTARY CONTRIBUTIONS TO
OSCE.-To carry out the purposes
        of section 109, there are authorized to
be appropriated to the Secretary
        of State $300,000 for voluntary
contributions to advance projects aimed
        at preventing trafficking, promoting
respect for human rights of
        trafficking victims, and assisting the
Organization for Security and
        Cooperation in Europe participating
states in related legal reform for
        fiscal year 2001.
                 (3) PREPARATION OF ANNUAL
COUNTRY REPORTS ON HUMAN RIGHTS.-To
        carry out the purposes of section 104,
there are authorized to be
        appropriated to the Secretary of State
such sums as may be necessary to
        include the additional information
required by that section in the
        annual Country Reports on Human Rights
Practices, including the
        preparation and publication of the list
described in subsection (a)(1)
        of that section.

       (d) AUTHORIZATION OF APPROPRIATIONS TO
ATTORNEY GENERAL.-To carry out the
  purposes of section 107(b), there are
authorized to be appropriated to the
  Attorney General $5,000,000 for fiscal year
2001 and $10,000,000 for fiscal
  year 2002.
       (e) AUTHORIZATION OF APPROPRIATIONS TO
PRESIDENT.-
                 (1) FOREIGN VICTIM ASSISTANCE.-
To carry out the purposes of
        section 106, there are authorized to be
appropriated to the President
        $5,000,000 for fiscal year 2001 and
$10,000,000 for fiscal year 2002.
                 (2) ASSISTANCE TO FOREIGN
COUNTRIES TO MEET MINIMUM
        STANDARDS.-To carry out the purposes of
section 109, there are
        authorized to be appropriated to the
President $5,000,000 for fiscal
        year 2001 and $10,000,000 for fiscal
year 2002.

       (f) AUTHORIZATION OF APPROPRIATIONS TO
THE SECRETARY OF LABOR.-To carry
  out the purposes of section 107(b), there are
authorized to be appropriated to
  the Secretary of Labor $5,000,000 for fiscal
year 2001 and $10,000,000 for
  fiscal year 2002.
  DIVISION B-VIOLENCE AGAINST WOMEN ACT OF 2000
  SEC. 1001. SHORT TITLE.
       This division may be cited as the
"Violence Against Women Act of 2000".
  SEC. 1002. DEFINITIONS.
       In this division-
                 (1) the term "domestic
violence" has the meaning given the term
        in section 2003 of title I of the
Omnibus Crime Control and Safe Streets
        Act of 1968 (42 U.S.C. 3796gg-2); and
                 (2) the term "sexual assault"
has the meaning given the term in
        section 2003 of title I of the Omnibus
Crime Control and Safe Streets
        Act of 1968 (42 U.S.C. 3796gg-2).

  SEC. 1003. ACCOUNTABILITY AND OVERSIGHT.
       (a) REPORT BY GRANT RECIPIENTS.-The
Attorney General or Secretary of
  Health and Human Services, as applicable,
shall require grantees under any
  program authorized or reauthorized by this
division or an amendment made by
  this division to report on the effectiveness
of the activities carried out
  with amounts made available to carry out that
program, including number of
  persons served, if applicable, numbers of
persons seeking services who could
  not be served and such other information as
the Attorney General or Secretary
  may prescribe.
       (b) REPORT TO CONGRESS.-The Attorney
General or Secretary of Health and
  Human Services, as applicable, shall report
biennially to the Committees on
  the Judiciary of the House of Representatives
and the Senate on the grant
  programs described in subsection (a),
including the information contained in
  any report under that subsection.
  TITLE I-STRENGTHENING LAW ENFORCEMENT TO
REDUCE VIOLENCE AGAINST WOMEN
  SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT
OF PROTECTION ORDERS.
       (a) IN GENERAL.-Part U of title I of the
Omnibus Crime Control and Safe
  Streets Act of 1968 (42 U.S.C. 3796hh et seq.)
is amended-
                 (1) in the heading, by adding
"AND ENFORCEMENT OF PROTECTION
        ORDERS" at the end;
                 (2) in section 2101(b)-
                     (A) in paragraph (6), by
inserting "(including juvenile
        courts)" after "courts"; and
                     (B) by adding at the end
the following:
                 "(7) To provide technical
assistance and computer and other
        equipment to police departments,
prosecutors, courts, and tribal
        jurisdictions to facilitate the
widespread enforcement of protection
        orders, including interstate
enforcement, enforcement between States and
        tribal jurisdictions, and enforcement
between tribal jurisdictions.";
and
                 (3) in section 2102-
                     (A) in subsection (b)-
                         (i) in paragraph (1),
by striking "and" at the end;
                         (ii) in paragraph (2),
by striking the period at the
        end and inserting ", including the
enforcement of protection orders from
        other States and jurisdictions
(including tribal jurisdictions);"; and
        [Page H8863]
                         (iii) by adding at the
end the following:
                 "(3) have established
cooperative agreements or can demonstrate
        effective ongoing collaborative
arrangements with neighboring
        jurisdictions to facilitate the
enforcement of protection orders from
        other States and jurisdictions
(including tribal jurisdictions); and
                 "(4) in applications describing
plans to further the purposes
        stated in paragraph (4) or (7) of
section 2101(b), will give priority to
        using the grant to develop and install
data collection and communication
        systems, including computerized systems,
and training on how to use
        these systems effectively to link
police, prosecutors, courts, and
        tribal jurisdictions for the purpose of
identifying and tracking
        protection orders and violations of
protection orders, in those
        jurisdictions where such systems do not
exist or are not fully
        effective."; and
                     (B) by adding at the end
the following:

       "(c) DISSEMINATION OF INFORMATION.-The
Attorney General shall annually
  compile and broadly disseminate (including
through electronic publication)
  information about successful data collection
and communication systems that
  meet the purposes described in this section.
Such dissemination shall target
  States, State and local courts, Indian tribal
governments, and units of local
  government.".
       (b) PROTECTION ORDERS.-
                 (1) FILING COSTS.-Section 2006
of part T of title I of the
        Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg-5)
        is amended-
                     (A) in the heading, by
striking "FILING" and inserting "AND
        PROTECTION ORDERS" after "CHARGES";
                     (B) in subsection (a)-
                         (i) by striking
paragraph (1) and inserting the
        following:
                 "(1) certifies that its laws,
policies, and practices do not
        require, in connection with the
prosecution of any misdemeanor or felony
        domestic violence offense, or in
connection with the filing, issuance,
        registration, or service of a protection
order, or a petition for a
        protection order, to protect a victim of
domestic violence, stalking, or
        sexual assault, that the victim bear the
costs associated with the
        filing of criminal charges against the
offender, or the costs associated
        with the filing, issuance, registration,
or service of a warrant,
        protection order, petition for a
protection order, or witness subpoena,
        whether issued inside or outside the
State, tribal, or local
        jurisdiction; or"; and
                         (ii) in paragraph
(2)(B), by striking "2 years" and
        inserting "2 years after the date of
enactment of the Violence Against
        Women Act of 2000"; and
                     (C) by adding at the end
the following:

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

       "(d) DEFINITION.-In this section, the
term `protection order´ has the
  meaning given the term in section 2266 of
title 18, United States Code.".
                 (3) APPLICATION FOR GRANTS TO
ENCOURAGE ARREST
        POLICIES.-Section 2102(a)(1)(B) of part
U of title I of the Omnibus
        Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796hh-1(a)(1)(B))
        is amended by inserting before the
semicolon the following: "or, in the
        case of the condition set forth in
subsection 2101(c)(4), the expiration
        of the 2-year period beginning on the
date of enactment of the Violence
        Against Women Act of 2000".
                 (4) REGISTRATION FOR PROTECTION
ORDERS.-Section 2265 of title
        18, United States Code, is amended by
adding at the end the following:

       "(d) NOTIFICATION AND REGISTRATION.-
                 "(1) NOTIFICATION.-A State or
Indian tribe according full faith
        and credit to an order by a court of
another State or Indian tribe shall
        not notify or require notification of
the party against whom a
        protection order has been issued that
the protection order has been
        registered or filed in that enforcing
State or tribal jurisdiction
        unless requested to do so by the party
protected under such order.
                 "(2) NO PRIOR REGISTRATION OR
FILING AS PREREQUISITE FOR
        ENFORCEMENT.-Any protection order that
is otherwise consistent with this
        section shall be accorded full faith and
credit, notwithstanding failure
        to comply with any requirement that the
order be registered or filed in
        the enforcing State or tribal
jurisdiction.

       "(e) TRIBAL COURT JURISDICTION.-For
purposes of this section, a tribal
  court shall have full civil jurisdiction to
enforce protection orders,
  including authority to enforce any orders
through civil contempt proceedings,
  exclusion of violators from Indian lands, and
other appropriate mechanisms, in
  matters arising within the authority of the
tribe.".
       (c) TECHNICAL AMENDMENT.-The table of
contents for title I of the Omnibus
  Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended
  in the item relating to part U, by adding "AND
ENFORCEMENT OF PROTECTION
  ORDERS" at the end.
  SEC. 1102. ROLE OF COURTS.
       (a) COURTS AS ELIGIBLE STOP SUBGRANTEES.-
Part T of title I of the Omnibus
  Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg et seq.) is
  amended-
                 (1) in section 2001-
                     (A) in subsection (a), by
striking "Indian tribal
        governments," and inserting "State and
local courts (including juvenile
        courts), Indian tribal governments,
tribal courts,"; and
                     (B) in subsection (b)-
                         (i) in paragraph (1),
by inserting ", judges, other
        court personnel," after "law enforcement
officers";
                         (ii) in paragraph (2),
by inserting ", judges, other
        court personnel," after "law enforcement
officers"; and
                         (iii) in paragraph (3),
by inserting ", court," after
        "police"; and
                 (2) in section 2002-
                     (A) in subsection (a), by
inserting "State and local courts
        (including juvenile courts)," after
"States," the second place it
        appears;
                     (B) in subsection (c), by
striking paragraph (3) and
        inserting the following:
                 "(3) of the amount granted-
                     "(A) not less than 25
percent shall be allocated to police
        and not less than 25 percent shall be
allocated to prosecutors;
                     "(B) not less than 30
percent shall be allocated to victim
        services; and
                     "(C) not less than 5
percent shall be allocated for State
        and local courts (including juvenile
courts); and"; and
                     (C) in subsection (d)(1),
by inserting "court," after "law
        enforcement,".

       (b) ELIGIBLE GRANTEES; USE OF GRANTS FOR
EDUCATION.-Section 2101 of part
  U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42
  U.S.C. 3796hh) is amended-
                 (1) in subsection (a), by
inserting "State and local courts
        (including juvenile courts), tribal
courts," after "Indian tribal
        governments,";
                 (2) in subsection (b)-
                     (A) by inserting "State and
local courts (including
        juvenile courts)," after "Indian tribal
governments";
                     (B) in paragraph (2), by
striking "policies and" and
        inserting "policies, educational
programs, and";
                     (C) in paragraph (3), by
inserting "parole and probation
        officers," after "prosecutors,"; and
                     (D) in paragraph (4), by
inserting "parole and probation
        officers," after "prosecutors,";
                 (3) in subsection (c), by
inserting "State and local courts
        (including juvenile courts)," after
"Indian tribal governments"; and
                 (4) by adding at the end the
following:

       "(e) ALLOTMENT FOR INDIAN TRIBES.-Not
less than 5 percent of the total
  amount made available for grants under this
section for each fiscal year shall
  be available for grants to Indian tribal
governments.".
  SEC. 1103. REAUTHORIZATION OF STOP GRANTS.
       (a) REAUTHORIZATION.-Section 1001(a) of
title I of the Omnibus Crime
  Control and Safe Streets Act of 1968 (42
U.S.C. 3793(a)) is amended by
  striking paragraph (18) and inserting the
following:
       "(18) There is authorized to be
appropriated to carry out part T
  $185,000,000 for each of fiscal years 2001
through 2005.".
       (b) GRANT PURPOSES.-Part T of title I of
the Omnibus Crime Control and
  Safe Streets Act of 1968 (42 U.S.C. 3796gg et
seq.) is amended-
                 (1) in section 2001-
                     (A) in subsection (b)-
                         (i) in paragraph (5),
by striking "racial, cultural,
        ethnic, and language minorities" and
inserting "underserved
populations";
                         (ii) in paragraph (6),
by striking "and" at the end;
                         (iii) in paragraph (7),
by striking the period at the
        end and inserting a semicolon; and
                         (iv) by adding at the
end the following:
                 "(8) supporting formal and
informal statewide,
        multidisciplinary efforts, to the extent
not supported by State funds,
        to coordinate the response of State law
enforcement agencies,
        prosecutors, courts, victim services
agencies, and other State agencies
        and departments, to violent crimes
against women, including the crimes
        of sexual assault, domestic violence,
and dating violence;
                 "(9) training of sexual assault
forensic medical personnel
        examiners in the collection and
preservation of evidence, analysis,
        prevention, and providing expert
testimony and treatment of trauma
        related to sexual assault;"; and
                     (B) by adding at the end
the following:

       "(c) STATE COALITION GRANTS.-
                 "(1) PURPOSE.-The Attorney
General shall award grants to each
        State domestic violence coalition and
sexual assault coalition for the
        purposes of coordinating State victim
services activities, and
        collaborating and coordinating with
Federal, State, and local entities
        engaged in violence against women
activities.
                 "(2) GRANTS TO STATE
COALITIONS.-The Attorney General shall
        award grants to-
                     "(A) each State domestic
violence coalition, as determined
        by the Secretary of Health and Human
Services through the Family
        Violence Prevention and Services Act (42
U.S.C. 10410 et seq.); and
                     "(B) each State sexual
assault coalition, as determined by
        the Center for Injury Prevention and
Control of the Centers for Disease
        Control and Prevention under the Public
Health Service Act (42 U.S.C.
        280b et seq.).
                 "(3) ELIGIBILITY FOR OTHER
GRANTS.-Receipt of an award under
        this subsection by each State domestic
violence and sexual assault
        coalition shall not preclude the
coalition from receiving additional
        grants under this part to carry out the
purposes described in subsection
        (b).";
                 (2) in section 2002(b)-

  [Page H8864]
                     (A) by redesignating
paragraphs (2) and (3) as paragraphs
        (5) and (6), respectively;
                     (B) in paragraph (1), by
striking "4 percent" and inserting
        "5 percent";
                     (C) in paragraph (5), as
redesignated, by striking
        "$500,000" and inserting "$600,000"; and
                     (D) by inserting after
paragraph (1) the following:
                 "(2) 2.5 percent shall be
available for grants for State
        domestic violence coalitions under
section 2001(c), with the coalition
        for each State, the coalition for the
District of Columbia, the
        coalition for the Commonwealth of Puerto
Rico, and the coalition for the
        combined Territories of the United
States, each receiving an amount
        equal to 1/54 of the total amount made
available under this paragraph
        for each fiscal year;
                 "(3) 2.5 percent shall be
available for grants for State sexual
        assault coalitions under section
2001(c), with the coalition for each
        State, the coalition for the District of
Columbia, the coalition for the
        Commonwealth of Puerto Rico, and the
coalition for the combined
        Territories of the United States, each
receiving an amount equal to 1/54
        of the total amount made available under
this paragraph for each fiscal
        year;
                 "(4) 1/54 shall be available
for the development and operation
        of nonprofit tribal domestic violence
and sexual assault coalitions in
        Indian country;";
                 (3) in section 2003, by
striking paragraph (7) and inserting
        the following:
                 "(7) the term `underserved
populations´ includes populations
        underserved because of geographic
location (such as rural isolation),
        underserved racial and ethnic
populations, populations underserved
        because of special needs (such as
language barriers, disabilities,
        alienage status, or age), and any other
population determined to be
        underserved by the State planning
process in consultation with the
        Attorney General;" and
                 (4) in section 2004(b)(3), by
inserting ", and the membership
        of persons served in any underserved
population" before the semicolon.

  SEC. 1104. REAUTHORIZATION OF GRANTS TO
ENCOURAGE ARREST POLICIES.
       Section 1001(a) of title I of the Omnibus
Crime Control and Safe Streets
  Act of 1968 (42 U.S.C. 3793(a)) is amended by
striking paragraph (19) and
  inserting the following:
       "(19) There is authorized to be
appropriated to carry out part U
  $65,000,000 for each of fiscal years 2001
through 2005.".
  SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC
VIOLENCE AND CHILD ABUSE
  ENFORCEMENT GRANTS.
       Section 40295(c) of the Violence Against
Women Act of 1994 (42 U.S.C.
  13971(c)) is amended-
                 (1) by striking paragraph (1)
and inserting the following:
                 "(1) IN GENERAL.-There is
authorized to be appropriated to
        carry out this section $40,000,000 for
each of fiscal years 2001 through
        2005."; and
                 (2) by adding at the end the
following:
                 "(3) ALLOTMENT FOR INDIAN
TRIBES.-Not less than 5 percent of
        the total amount made available to carry
out this section for each
        fiscal year shall be available for
grants to Indian tribal
governments.".

  SEC. 1106. NATIONAL STALKER AND DOMESTIC
VIOLENCE REDUCTION.
       (a) REAUTHORIZATION.-Section 40603 of the
Violence Against Women Act of
  1994 (42 U.S.C. 14032) is amended to read as
follows:
  "SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
       "There is authorized to be appropriated
to carry out this subtitle
  $3,000,000 for each of fiscal years 2001
through 2005.".
       (b) TECHNICAL AMENDMENT.-Section 40602(a)
of the Violence Against Women
  Act of 1994 (42 U.S.C. 14031 note) is amended
by inserting "and implement"
  after "improve".
  SEC. 1107. AMENDMENTS TO DOMESTIC VIOLENCE AND
STALKING OFFENSES.
       (a) INTERSTATE DOMESTIC VIOLENCE.-Section
2261 of title 18, United States
  Code, is amended by striking subsection (a)
and inserting the following:
       "(a) OFFENSES.-
                 "(1) TRAVEL OR CONDUCT OF
OFFENDER.-A person who travels in
        interstate or foreign commerce or enters
or leaves Indian country with
        the intent to kill, injure, harass, or
intimidate a spouse or intimate
        partner, and who, in the course of or as
a result of such travel,
        commits or attempts to commit a crime of
violence against that spouse or
        intimate partner, shall be punished as
provided in subsection (b).
                 "(2) CAUSING TRAVEL OF VICTIM.-
A person who causes a spouse or
        intimate partner to travel in interstate
or foreign commerce or to enter
        or leave Indian country by force,
coercion, duress, or fraud, and who,
        in the course of, as a result of, or to
facilitate such conduct or
        travel, commits or attempts to commit a
crime of violence against that
        spouse or intimate partner, shall be
punished as provided in subsection
        (b).".

       (b) INTERSTATE STALKING.-
                 (1) IN GENERAL.-Section 2261A
of title 18, United States Code,
        is amended to read as follows:

  "§2261A. Interstate stalking
       "Whoever-
                 "(1) travels in interstate or
foreign commerce or within the
        special maritime and territorial
jurisdiction of the United States, or
        enters or leaves Indian country, with
the intent to kill, injure,
        harass, or intimidate another person,
and in the course of, or as a
        result of, such travel places that
person in reasonable fear of the
        death of, or serious bodily injury to,
that person, a member of the
        immediate family (as defined in section
115) of that person, or the
        spouse or intimate partner of that
person; or
                 "(2) with the intent-
                     "(A) to kill or injure a
person in another State or tribal
        jurisdiction or within the special
maritime and territorial jurisdiction
        of the United States; or
                     "(B) to place a person in
another State or tribal
        jurisdiction, or within the special
maritime and territorial
        jurisdiction of the United States, in
reasonable fear of the death of,
        or serious bodily injury to-
                         "(i) that person;
                         "(ii) a member of the
immediate family (as defined in
        section 115) of that person; or
                         "(iii) a spouse or
intimate partner of that person;
                uses the mail or any facility of
interstate or foreign commerce
        to engage in a course of conduct that
places that person in reasonable
        fear of the death of, or serious bodily
injury to, any of the persons
        described in clauses (i) through (iii);

      shall be punished as provided in section
2261(b).".
                 (2) AMENDMENT OF FEDERAL
SENTENCING GUIDELINES.-
                     (A) IN GENERAL.-Pursuant to
its authority under section 994
        of title 28, United States Code, the
United States Sentencing Commission
        shall amend the Federal Sentencing
Guidelines to reflect the amendment
        made by this subsection.
                     (B) FACTORS FOR
CONSIDERATION.-In carrying out subparagraph
        (A), the Commission shall consider-
                         (i) whether the Federal
Sentencing Guidelines relating
        to stalking offenses should be modified
in light of the amendment made
        by this subsection; and
                         (ii) whether any
changes the Commission may make to the
        Federal Sentencing Guidelines pursuant
to clause (i) should also be made
        with respect to offenses under chapter
110A of title 18, United States
        Code.

       (c) INTERSTATE VIOLATION OF PROTECTION
ORDER.-Section 2262 of title 18,
  United States Code, is amended by striking
subsection (a) and inserting the
  following:
       "(a) OFFENSES.-
                 "(1) TRAVEL OR CONDUCT OF
OFFENDER.-A person who travels in
        interstate or foreign commerce, or
enters or leaves Indian country, with
        the intent to engage in conduct that
violates the portion of a
        protection order that prohibits or
provides protection against violence,
        threats, or harassment against, contact
or communication with, or
        physical proximity to, another person,
or that would violate such a
        portion of a protection order in the
jurisdiction in which the order was
        issued, and subsequently engages in such
conduct, shall be punished as
        provided in subsection (b).
                 "(2) CAUSING TRAVEL OF VICTIM.-
A person who causes another
        person to travel in interstate or
foreign commerce or to enter or leave
        Indian country by force, coercion,
duress, or fraud, and in the course
        of, as a result of, or to facilitate
such conduct or travel engages in
        conduct that violates the portion of a
protection order that prohibits
        or provides protection against violence,
threats, or harassment against,
        contact or communication with, or
physical proximity to, another person,
        or that would violate such a portion of
a protection order in the
        jurisdiction in which the order was
issued, shall be punished as
        provided in subsection (b).".

       (d) DEFINITIONS.-Section 2266 of title
18, United States Code, is amended
  to read as follows:
  "§2266. Definitions
       "In this chapter:
                 "(1) BODILY INJURY.-The term
`bodily injury´ means any act,
        except one done in self-defense, that
results in physical injury or
        sexual abuse.
                 "(2) COURSE OF CONDUCT.-The
term `course of conduct´ means a
        pattern of conduct composed of 2 or more
acts, evidencing a continuity
        of purpose.
                 "(3) ENTER OR LEAVE INDIAN
COUNTRY.-The term `enter or leave
        Indian country´ includes leaving the
jurisdiction of 1 tribal government
        and entering the jurisdiction of another
tribal government.
                 "(4) INDIAN COUNTRY.-The term
`Indian country´ has the meaning
        stated in section 1151 of this title.
                 "(5) PROTECTION ORDER.-The term
`protection order´ includes any
        injunction or other order issued for the
purpose of preventing violent
        or threatening acts or harassment
against, or contact or communication
        with or physical proximity to, another
person, including any temporary
        or final order issued by a civil and
criminal court (other than a
        support or child custody order issued
pursuant to State divorce and
        child custody laws, except to the extent
that such an order is entitled
        to full faith and credit under other
Federal law) whether obtained by
        filing an independent action or as a
pendente lite order in another
        proceeding so long as any civil order
was issued in response to a
        complaint, petition, or motion filed by
or on behalf of a person seeking
        protection.
                 "(6) SERIOUS BODILY INJURY.-The
term `serious bodily injury´
        has the meaning stated in section
2119(2).
                 "(7) SPOUSE OR INTIMATE
PARTNER.-The term `spouse or intimate
        partner´ includes-
                     "(A) for purposes of-
                         "(i) sections other
than 2261A, a spouse or former
        spouse of the abuser, a person who
shares a child in common with the
        abuser, and a person who cohabits or has
cohabited as a spouse with the
        abuser; and
                         "(ii) section 2261A, a
spouse or former spouse of the
        target of the stalking, a person who
shares a child in common with the
        target of the stalking, and a person who
cohabits or has cohabited as a
        spouse with the target of the stalking;
and
                     "(B) any other person
similarly situated to a spouse who is
        protected by the domestic or family
violence laws of the State or tribal
        jurisdiction in which the injury
occurred or where the victim resides.
                 "(8) STATE.-The term `State´
includes a State of the United
        States, the District of Columbia, and a
commonwealth, territory, or
        possession of the United States.

  [Page H8865]
                 "(9) TRAVEL IN INTERSTATE OR
FOREIGN COMMERCE.-The term `travel
        in interstate or foreign commerce´ does
not include travel from 1 State
        to another by an individual who is a
member of an Indian tribe and who
        remains at all times in the territory of
the Indian tribe of which the
        individual is a member.".

  SEC. 1108. SCHOOL AND CAMPUS SECURITY.
       (a) GRANTS TO REDUCE VIOLENT CRIMES
AGAINST WOMEN ON CAMPUS.-Section 826
  of the Higher Education Amendments of 1998 (20
U.S.C. 1152) is amended-
                 (1) in paragraphs (2), (6),
(7), and (9) of subsection (b), by
        striking "and domestic violence" and
inserting "domestic violence, and
        dating violence";
                 (2) in subsection (c)(2)(B), by
striking "and domestic
        violence" and inserting ", domestic
violence and dating violence";
                 (3) in subsection (f)-
                     (A) by redesignating
paragraphs (1), (2), and (3) as
        paragraphs (2), (3), and (4),
respectively;
                     (B) by inserting before
paragraph (2) (as redesignated by
        subparagraph (A)) the following:
                 "(1) the term `dating violence´
means violence committed by a
        person-
                     "(A) who is or has been in
a social relationship of a
        romantic or intimate nature with the
victim; and
                     "(B) where the existence of
such a relationship shall be
        determined based on a consideration of
the following factors:
                         "(i) the length of the
relationship;
                         "(ii) the type of
relationship; and
                         "(iii) the frequency of
interaction between the persons
        involved in the relationship.";
                     (C) in paragraph (2) (as
redesignated by subparagraph (A)),
        by inserting ", dating" after "domestic"
each place the term appears;
and
                     (D) in paragraph (4) (as
redesignated by subparagraph (A))-
                         (i) by inserting "or a
public, nonprofit organization
        acting in a nongovernmental capacity"
after "organization";
                         (ii) by inserting ",
dating violence" after "assists
        domestic violence";
                         (iii) by striking "or
domestic violence" and inserting
        ", domestic violence or dating
violence"; and
                         (iv) by inserting
"dating violence," before
        "stalking,"; and
                 (4) in subsection (g), by
striking "fiscal year 1999 and such
        sums as may be necessary for each of the
4 succeeding fiscal years" and
        inserting "each of fiscal years 2001
through 2005".

       (b) MATCHING GRANT PROGRAM FOR SCHOOL
SECURITY.-Title I of the Omnibus
  Crime Control and Safe Streets Act of 1968 is
amended by inserting after part
  Z the following new part:
  "PART AA-MATCHING GRANT PROGRAM FOR SCHOOL
SECURITY
  "SEC. 2701. PROGRAM AUTHORIZED.
       "(a) IN GENERAL.-The Attorney General is
authorized to make grants to
  States, units of local government, and Indian
tribes to provide improved
  security, including the placement and use of
metal detectors and other
  deterrent measures, at schools and on school
grounds.
       "(b) USES OF FUNDS.-Grants awarded under
this section shall be
  distributed directly to the State, unit of
local government, or Indian tribe,
  and shall be used to improve security at
schools and on school grounds in the
  jurisdiction of the grantee through one or
more of the following:
                 "(1) Placement and use of metal
detectors, locks, lighting, and
        other deterrent measures.
                 "(2) Security assessments.
                 "(3) Security training of
personnel and students.
                 "(4) Coordination with local
law enforcement.
                 "(5) Any other measure that, in
the determination of the
        Attorney General, may provide a
significant improvement in security.

       "(c) PREFERENTIAL CONSIDERATION.-In
awarding grants under this part, the
  Attorney General shall give preferential
consideration, if feasible, to an
  application from a jurisdiction that has a
demonstrated need for improved
  security, has a demonstrated need for
financial assistance, and has evidenced
  the ability to make the improvements for which
the grant amounts are sought.
       "(d) MATCHING FUNDS.-
                 "(1) The portion of the costs
of a program provided by a grant
        under subsection (a) may not exceed 50
percent.
                 "(2) Any funds appropriated by
Congress for the activities of
        any agency of an Indian tribal
government or the Bureau of Indian
        Affairs performing law enforcement
functions on any Indian lands may be
        used to provide the non-Federal share of
a matching requirement funded
        under this subsection.
                 "(3) The Attorney General may
provide, in the guidelines
        implementing this section, for the
requirement of paragraph (1) to be
        waived or altered in the case of a
recipient with a financial need for
        such a waiver or alteration.

       "(e) EQUITABLE DISTRIBUTION.-In awarding
grants under this part, the
  Attorney General shall ensure, to the extent
practicable, an equitable
  geographic distribution among the regions of
the United States and among
  urban, suburban, and rural areas.
       "(f) ADMINISTRATIVE COSTS.-The Attorney
General may reserve not more than
  2 percent from amounts appropriated to carry
out this part for administrative
  costs.
  "SEC. 2702. APPLICATIONS.
       "(a) IN GENERAL.-To request a grant under
this part, the chief executive
  of a State, unit of local government, or
Indian tribe shall submit an
  application to the Attorney General at such
time, in such manner, and
  accompanied by such information as the
Attorney General may require. Each
  application shall-
                 "(1) include a detailed
explanation of-
                     "(A) the intended uses of
funds provided under the grant;
        and
                     "(B) how the activities
funded under the grant will meet
        the purpose of this part; and
                 "(2) be accompanied by an
assurance that the application was
        prepared after consultation with
individuals not limited to law
        enforcement officers (such as school
violence researchers, child
        psychologists, social workers, teachers,
principals, and other school
        personnel) to ensure that the
improvements to be funded under the grant
        are-
                     "(A) consistent with a
comprehensive approach to preventing
        school violence; and
                     "(B) individualized to the
needs of each school at which
        those improvements are to be made.

       "(b) GUIDELINES.-Not later than 90 days
after the date of the enactment
  of this part, the Attorney General shall
promulgate guidelines to implement
  this section (including the information that
must be included and the
  requirements that the States, units of local
government, and Indian tribes
  must meet) in submitting the applications
required under this section.
  "SEC. 2703. ANNUAL REPORT TO CONGRESS.
       "Not later than November 30th of each
year, the Attorney General shall
  submit a report to the Congress regarding the
activities carried out under
  this part. Each such report shall include, for
the preceding fiscal year, the
  number of grants funded under this part, the
amount of funds provided under
  those grants, and the activities for which
those funds were used.
  "SEC. 2704. DEFINITIONS.
       "For purposes of this part-
                 "(1) the term `school´ means a
public elementary or secondary
        school;
                 "(2) the term `unit of local
government´ means a county,
        municipality, town, township, village,
parish, borough, or other unit of
        general government below the State
level; and
                 "(3) the term `Indian tribe´
has the same meaning as in section
        4(e) of the Indian Self-Determination
and Education Assistance Act (25
        U.S.C. 450b(e)).

  "SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.
       "There are authorized to be appropriated
to carry out this part
  $30,000,000 for each of fiscal years 2001
through 2003.".
  SEC. 1109. DATING VIOLENCE.
       (a) DEFINITIONS.-
                 (1) SECTION 2003.-Section 2003
of title I of the Omnibus Crime
        Control and Safe Streets Act of 1968 (42
U.S.C. 3996gg-2) is amended-
                     (A) in paragraph (8), by
striking the period at the end and
        inserting "; and"; and
                     (B) by adding at the end
the following:
                 "(9) the term `dating violence´
means violence committed by a
        person-
                     "(A) who is or has been in
a social relationship of a
        romantic or intimate nature with the
victim; and
                     "(B) where the existence of
such a relationship shall be
        determined based on a consideration of
the following factors:
                         "(i) the length of the
relationship;
                         "(ii) the type of
relationship; and
                         "(iii) the frequency of
interaction between the persons
        involved in the relationship.".
                 (2) SECTION 2105.-Section 2105
of title I of the Omnibus Crime
        Control and Safe Streets Act of 1968 (42
U.S.C. 3796hh-4) is amended-
                     (A) in paragraph (1), by
striking "and" at the end;
                     (B) in paragraph (2), by
striking the period at the end and
        inserting "; and"; and
                     (C) by adding at the end
the following:
                 "(3) the term `dating violence´
means violence committed by a
        person-
                     "(A) who is or has been in
a social relationship of a
        romantic or intimate nature with the
victim; and
                     "(B) where the existence of
such a relationship shall be
        determined based on a consideration of
the following factors:
                         "(i) the length of the
relationship;
                         "(ii) the type of
relationship; and
                         "(iii) the frequency of
interaction between the persons
        involved in the relationship.".

       (b) STOP GRANTS.-Section 2001(b) of title
I of the Omnibus Crime Control
  and Safe Streets Act of 1968 (42 U.S.C.
3796gg(b)) is amended-
                 (1) in paragraph (1), by
striking "sexual assault and domestic
        violence" and inserting "sexual assault,
domestic violence, and dating
        violence"; and
                 (2) in paragraph (5), by
striking "sexual assault and domestic
        violence" and inserting "sexual assault,
domestic violence, and dating
        violence".

       (c) GRANTS TO ENCOURAGE ARREST POLICIES.-
Section 2101(b) of title I of
  the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796hh(b))
  is amended-
                 (1) in paragraph (2), by
inserting "and dating violence" after
        "domestic violence"; and
                 (2) in paragraph (5), by
inserting "and dating violence" after
        "domestic violence".

       (d) RURAL DOMESTIC VIOLENCE AND CHILD
ABUSE ENFORCEMENT.-Section 40295(a)
  of the Safe Homes for Women Act of 1994 (42
U.S.C. 13971(a)) is amended-
                 (1) in paragraph (1), by
inserting "and dating violence (as
        defined in section 2003 of title I of
the Omnibus Crime Control and Safe
        Streets Act of 1968 (42 U.S.C. 3996gg-
2))" after "domestic violence";
and
                 (2) in paragraph (2), by
inserting "and dating violence (as
        defined in section 2003 of title I of
the Omnibus Crime Control and Safe
        Streets Act of 1968 (42 U.S.C. 3996gg-
2))" after "domestic violence".

  TITLE II-STRENGTHENING SERVICES TO VICTIMS OF
VIOLENCE
  SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS.
       (a) IN GENERAL.-The purpose of this
section is to enable the Attorney
  General to award grants to increase the
availability of legal assistance
  necessary to provide effective aid to victims
of domestic violence, stalking,
  or sexual assault who are seeking relief in
legal matters arising as a
  consequence of that abuse or violence, at
minimal or no cost to the victims.
  [Page H8866]
       (b) DEFINITIONS.-In this section:
                 (1) DOMESTIC VIOLENCE.-The term
"domestic violence" has the
        meaning given the term in section 2003
of title I of the Omnibus Crime
        Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-2).
                 (2) LEGAL ASSISTANCE FOR
VICTIMS.-The term "legal assistance"
        includes assistance to victims of
domestic violence, stalking, and
        sexual assault in family, immigration,
administrative agency, or housing
        matters, protection or stay away order
proceedings, and other similar
        matters. No funds made available under
this section may be used to
        provide financial assistance in support
of any litigation described in
        paragraph (14) of section 504 of Public
Law 104-134.
                 (3) SEXUAL ASSAULT.-The term
"sexual assault" has the meaning
        given the term in section 2003 of title
I of the Omnibus Crime Control
        and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2).

       (c) LEGAL ASSISTANCE FOR VICTIMS GRANTS.-
The Attorney General may award
  grants under this subsection to private
nonprofit entities, Indian tribal
  governments, and publicly funded organizations
not acting in a governmental
  capacity such as law schools, and which shall
be used-
                 (1) to implement, expand, and
establish cooperative efforts and
        projects between domestic violence and
sexual assault victim services
        organizations and legal assistance
providers to provide legal assistance
        for victims of domestic violence,
stalking, and sexual assault;
                 (2) to implement, expand, and
establish efforts and projects to
        provide legal assistance for victims of
domestic violence, stalking, and
        sexual assault by organizations with a
demonstrated history of providing
        direct legal or advocacy services on
behalf of these victims; and
                 (3) to provide training,
technical assistance, and data
        collection to improve the capacity of
grantees and other entities to
        offer legal assistance to victims of
domestic violence, stalking, and
        sexual assault.

       (d) ELIGIBILITY.-To be eligible for a
grant under subsection (c),
  applicants shall certify in writing that-
                 (1) any person providing legal
assistance through a program
        funded under subsection (c) has
completed or will complete training in
        connection with domestic violence or
sexual assault and related legal
        issues;
                 (2) any training program
conducted in satisfaction of the
        requirement of paragraph (1) has been or
will be developed with input
        from and in collaboration with a State,
local, or tribal domestic
        violence or sexual assault program or
coalition, as well as appropriate
        State and local law enforcement
officials;
                 (3) any person or organization
providing legal assistance
        through a program funded under
subsection (c) has informed and will
        continue to inform State, local, or
tribal domestic violence or sexual
        assault programs and coalitions, as well
as appropriate State and local
        law enforcement officials of their work;
and
                 (4) the grantee´s
organizational policies do not require
        mediation or counseling involving
offenders and victims physically
        together, in cases where sexual assault,
domestic violence, or child
        sexual abuse is an issue.

       (e) EVALUATION.-The Attorney General may
evaluate the grants funded under
  this section through contracts or other
arrangements with entities expert on
  domestic violence, stalking, and sexual
assault, and on evaluation research.
       (f) AUTHORIZATION OF APPROPRIATIONS.-
                 (1) IN GENERAL.-There is
authorized to be appropriated to carry
        out this section $40,000,000 for each of
fiscal years 2001 through 2005.
                 (2) ALLOCATION OF FUNDS.-
                     (A) TRIBAL PROGRAMS.-Of the
amount made available under
        this subsection in each fiscal year, not
less than 5 percent shall be
        used for grants for programs that assist
victims of domestic violence,
        stalking, and sexual assault on lands
within the jurisdiction of an
        Indian tribe.
                     (B) VICTIMS OF SEXUAL
ASSAULT.-Of the amount made available
        under this subsection in each fiscal
year, not less than 25 percent
        shall be used for direct services,
training, and technical assistance to
        support projects focused solely or
primarily on providing legal
        assistance to victims of sexual assault.
                 (3) NONSUPPLANTATION.-Amounts
made available under this section
        shall be used to supplement and not
supplant other Federal, State, and
        local funds expended to further the
purpose of this section.

  SEC. 1202. SHELTER SERVICES FOR BATTERED WOMEN
AND CHILDREN.
       (a) REAUTHORIZATION.-Section 310(a) of
the Family Violence Prevention and
  Services Act (42 U.S.C. 10409(a)) is amended
to read as follows:
       "(a) IN GENERAL.-There are authorized to
be appropriated to carry out
  this title $175,000,000 for each of fiscal
years 2001 through 2005.".
       (b) STATE MINIMUM; REALLOTMENT.-Section
304 of the Family Violence
  Prevention and Services Act (42 U.S.C. 10403)
is amended-
                 (1) in subsection (a), by
striking "for grants to States for
        any fiscal year" and all that follows
and inserting the following: "and
        available for grants to States under
this subsection for any fiscal
year-
                 "(1) Guam, American Samoa, the
United States Virgin Islands,
        and the Commonwealth of the Northern
Mariana Islands shall each be
        allotted not less than 1/8 of 1 percent
of the amounts available for
        grants under section 303(a) for the
fiscal year for which the allotment
        is made; and
                 "(2) each State shall be
allotted for payment in a grant
        authorized under section 303(a),
$600,000, with the remaining funds to
        be allotted to each State in an amount
that bears the same ratio to such
        remaining funds as the population of
such State bears to the population
        of all States.";
                 (2) in subsection (c), in the
first sentence, by inserting "and
        available" before "for grants"; and
                 (3) by adding at the end the
following:

       "(e) In subsection (a)(2), the term
"State" does not include any
  jurisdiction specified in subsection (a)(1).".
  SEC. 1203. TRANSITIONAL HOUSING ASSISTANCE FOR
VICTIMS OF DOMESTIC VIOLENCE.
       Title III of the Family Violence
Prevention and Services Act (42 U.S.C.
  10401 et seq.) is amended by adding at the end
the following:
  "SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.
       "(a) IN GENERAL.-The Secretary shall
award grants under this section to
  carry out programs to provide assistance to
individuals, and their dependents-
                 "(1) who are homeless or in
need of transitional housing or
        other housing assistance, as a result of
fleeing a situation of domestic
        violence; and
                 "(2) for whom emergency shelter
services are unavailable or
        insufficient.

       "(b) ASSISTANCE DESCRIBED.-Assistance
provided under this section may
  include-
                 "(1) short-term housing
assistance, including rental or
        utilities payments assistance and
assistance with related expenses, such
        as payment of security deposits and
other costs incidental to relocation
        to transitional housing, in cases in
which assistance described in this
        paragraph is necessary to prevent
homelessness because an individual or
        dependent is fleeing a situation of
domestic violence; and
                 "(2) support services designed
to enable an individual or
        dependent who is fleeing a situation of
domestic violence to locate and
        secure permanent housing, and to
integrate the individual or dependent
        into a community, such as
transportation, counseling, child care
        services, case management, employment
counseling, and other assistance.

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

       "(d) REPORTS.-
                 "(1) REPORT TO SECRETARY.-
                     "(A) IN GENERAL.-An entity
that receives a grant under this
        section shall annually prepare and
submit to the Secretary a report
        describing the number of individuals and
dependents assisted, and the
        types of housing assistance and support
services provided, under this
        section.
                     "(B) CONTENTS.-Each report
shall include information on-
                         "(i) the purpose and
amount of housing assistance
        provided to each individual or dependent
assisted under this section;
                         "(ii) the number of
months each individual or dependent
        received the assistance;
                         "(iii) the number of
individuals and dependents who
        were eligible to receive the assistance,
and to whom the entity could
        not provide the assistance solely due to
a lack of available housing;
and
                         "(iv) the type of
support services provided to each
        individual or dependent assisted under
this section.
                 "(2) REPORT TO CONGRESS.-The
Secretary shall annually prepare
        and submit to the Committee on the
Judiciary of the House of
        Representatives and the Committee on the
Judiciary of the Senate a
        report that contains a compilation of
the information contained in
        reports submitted under paragraph (1).

       "(e) EVALUATION, MONITORING, AND
ADMINISTRATION.-Of the amount
  appropriated under subsection (f) for each
fiscal year, not more than 1
  percent shall be used by the Secretary for
evaluation, monitoring, and
  administrative costs under this section.
       "(f) AUTHORIZATION OF APPROPRIATIONS.-
There are authorized to be
  appropriated to carry out this section
$25,000,000 for fiscal year 2001.".
  SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.
       Section 316(f) of the Family Violence
Prevention and Services Act (42
  U.S.C. 10416(f)) is amended by striking
paragraph (1) and inserting the
  following:
                 "(1) IN GENERAL.-There are
authorized to be appropriated to
        carry out this section $2,000,000 for
each of fiscal years 2001 through
        2005.".

  SEC. 1205. FEDERAL VICTIMS COUNSELORS.
       Section 40114 of the Violent Crime
Control and Law Enforcement Act of
  1994 (Public Law 103-322; 108 Stat. 1910) is
amended by striking "(such as
  District of Columbia)-" and all that follows
and inserting "(such as District
  of Columbia), $1,000,000 for each of fiscal
years 2001 through 2005.".
  SEC. 1206. STUDY OF STATE LAWS REGARDING
INSURANCE DISCRIMINATION AGAINST
  VICTIMS OF VIOLENCE AGAINST WOMEN.
       (a) IN GENERAL.-The Attorney General
shall conduct a national study to
  identify State laws that address
discrimination against victims of domestic
  violence and sexual assault related to
issuance or administration of insurance
  policies.
       (b) REPORT.-Not later than 1 year after
the date of enactment of this
  Act, the Attorney General shall submit to
Congress a report on the findings
  and recommendations of the study required by
subsection (a).
  SEC. 1207. STUDY OF WORKPLACE EFFECTS FROM
VIOLENCE AGAINST WOMEN.
       The Attorney General shall-
                 (1) conduct a national survey
of plans, programs, and practices
        developed to assist employers and
employees on appropriate responses in
        the workplace related to victims of
domestic violence, stalking, or
        sexual assault; and

  [Page H8867]
                 (2) not later than 18 months
after the date of enactment of
        this Act, submit to Congress a report
describing the results of that
        survey, which report shall include the
recommendations of the Attorney
        General to assist employers and
employees affected in the workplace by
        incidents of domestic violence,
stalking, and sexual assault.

  SEC. 1208. STUDY OF UNEMPLOYMENT COMPENSATION
FOR VICTIMS OF VIOLENCE AGAINST
  WOMEN.
       The Secretary of Labor, in consultation
with the Attorney General, shall-
                 (1) conduct a national study to
identify State laws that
        address the separation from employment
of an employee due to
        circumstances directly resulting from
the experience of domestic
        violence by the employee and
circumstances governing that receipt (or
        nonreceipt) by the employee of
unemployment compensation based on such
        separation; and
                 (2) not later than 1 year after
the date of enactment of this
        Act, submit to Congress a report
describing the results of that study,
        together with any recommendations based
on that study.

  SEC. 1209. ENHANCING PROTECTIONS FOR OLDER AND
DISABLED WOMEN FROM DOMESTIC
  VIOLENCE AND SEXUAL ASSAULT.
       (a) ELDER ABUSE, NEGLECT, AND
EXPLOITATION.-The Violence Against Women
  Act of 1994 (108 Stat. 1902 et seq.) is
amended by adding at the end the
  following:
  "Subtitle H-Elder Abuse, Neglect, and
Exploitation, Including Domestic
  Violence and Sexual Assault Against Older or
Disabled Individuals
  "SEC. 40801. DEFINITIONS.
       "In this subtitle:
                 "(1) IN GENERAL.-The terms
`elder abuse, neglect, and
        exploitation´, and `older individual´
have the meanings given the terms
        in section 102 of the Older Americans
Act of 1965 (42 U.S.C. 3002).
                 "(2) DOMESTIC VIOLENCE.-The
term `domestic violence´ has the
        meaning given such term by section 2003
of title I of the Omnibus Crime
        Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-2).
                 "(3) SEXUAL ASSAULT.-The term
`sexual assault´ has the meaning
        given the term in section 2003 of title
I of the Omnibus Crime Control
        and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2).

  "SEC. 40802. TRAINING PROGRAMS FOR LAW
ENFORCEMENT OFFICERS.
       "The Attorney General may make grants for
training programs to assist law
  enforcement officers, prosecutors, and
relevant officers of Federal, State,
  tribal, and local courts in recognizing,
addressing, investigating, and
  prosecuting instances of elder abuse, neglect,
and exploitation and violence
  against individuals with disabilities,
including domestic violence and sexual
  assault, against older or disabled individuals.
  "SEC. 40803. AUTHORIZATION OF APPROPRIATIONS.
       "There are authorized to be appropriated
to carry out this subtitle
  $5,000,000 for each of fiscal years 2001
through 2005.".
       (b) PROTECTIONS FOR OLDER AND DISABLED
INDIVIDUALS FROM DOMESTIC VIOLENCE
  AND SEXUAL ASSAULT IN PRO-ARREST GRANTS.-
Section 2101(b) of part U of title I
  of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796hh et
  seq.) is amended by adding at the end the
following:
                 "(8) To develop or strengthen
policies and training for police,
        prosecutors, and the judiciary in
recognizing, investigating, and
        prosecuting instances of domestic
violence and sexual assault against
        older individuals (as defined in section
102 of the Older Americans Act
        of 1965 (42 U.S.C. 3002)) and
individuals with disabilities (as defined
        in section 3(2) of the Americans with
Disabilities Act of 1990 (42
        U.S.C. 12102(2))).".

       (c) PROTECTIONS FOR OLDER AND DISABLED
INDIVIDUALS FROM DOMESTIC VIOLENCE
  AND SEXUAL ASSAULT IN STOP GRANTS.-Section
2001(b) of title I of the Omnibus
  Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg(b)) (as amended
  by section 1103(b) of this division) is
amended by adding at the end the
  following:
                 "(10) developing, enlarging, or
strengthening programs to
        assist law enforcement, prosecutors,
courts, and others to address the
        needs and circumstances of older and
disabled women who are victims of
        domestic violence or sexual assault,
including recognizing,
        investigating, and prosecuting instances
of such violence or assault and
        targeting outreach and support,
counseling, and other victim services to
        such older and disabled individuals;
and".

  TITLE III-LIMITING THE EFFECTS OF VIOLENCE ON
CHILDREN
  SEC. 1301. SAFE HAVENS FOR CHILDREN PILOT
PROGRAM.
       (a) IN GENERAL.-The Attorney General may
award grants to States, units of
  local government, and Indian tribal
governments that propose to enter into or
  expand the scope of existing contracts and
cooperative agreements with public
  or private nonprofit entities to provide
supervised visitation and safe
  visitation exchange of children by and between
parents in situations involving
  domestic violence, child abuse, sexual
assault, or stalking.
       (b) CONSIDERATIONS.-In awarding grants
under subsection (a), the Attorney
  General shall take into account-
                 (1) the number of families to
be served by the proposed
        visitation programs and services;
                 (2) the extent to which the
proposed supervised visitation
        programs and services serve underserved
populations (as defined in
        section 2003 of title I of the Omnibus
Crime Control and Safe Streets
        Act of 1968 (42 U.S.C. 3796gg-2));
                 (3) with respect to an
applicant for a contract or cooperative
        agreement, the extent to which the
applicant demonstrates cooperation
        and collaboration with nonprofit,
nongovernmental entities in the local
        community served, including the State or
tribal domestic violence
        coalition, State or tribal sexual
assault coalition, local shelters, and
        programs for domestic violence and
sexual assault victims; and
                 (4) the extent to which the
applicant demonstrates coordination
        and collaboration with State and local
court systems, including
        mechanisms for communication and
referral.

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

       (d) REPORTING.-
                 (1) IN GENERAL.-Not later than
1 year after the last day of the
        first fiscal year commencing on or after
the date of enactment of this
        Act, and not later than 180 days after
the last day of each fiscal year
        thereafter, the Attorney General shall
submit to Congress a report that
        includes information concerning-
                     (A) the number of-
                         (i) individuals served
and the number of individuals
        turned away from visitation programs and
services and safe visitation
        exchange (categorized by State);
                         (ii) the number of
individuals from underserved
        populations served and turned away from
services; and
                         (iii) the type of
problems that underlie the need for
        supervised visitation or safe visitation
exchange, such as domestic
        violence, child abuse, sexual assault,
other physical abuse, or a
        combination of such factors;
                     (B) the numbers of
supervised visitations or safe
        visitation exchanges ordered under this
section during custody
        determinations under a separation or
divorce decree or protection order,
        through child protection services or
other social services agencies, or
        by any other order of a civil, criminal,
juvenile, or family court;
                     (C) the process by which
children or abused partners are
        protected during visitations, temporary
custody transfers, and other
        activities for which supervised
visitation is established under this
        section;
                     (D) safety and security problems occurring during the
        reporting period during supervised visitation under this section,
        including the number of parental abduction cases; and
                     (E) the number of parental abduction cases in a judicial
        district using supervised visitation programs and services under this
        section, both as identified in criminal prosecution and custody
        violations.
                 (2) GUIDELINES.-The Attorney General shall establish
guidelines
        for the collection and reporting of data under this subsection.

       (e) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be
  appropriated to carry out this section $15,000,000 for each of fiscal years
  2001 and 2002.
       (f) ALLOTMENT FOR INDIAN TRIBES.-Not less than 5 percent of the total
  amount made available for each fiscal year to carry out this section shall be
  available for grants to Indian tribal governments.
  SEC. 1302. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PROGRAMS.
       (a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.-Section 218 of the Victims
  of Child Abuse Act of 1990 (42 U.S.C. 13014) is amended by striking
subsection
  (a) and inserting the following:
       "(a) AUTHORIZATION.-There is authorized to be appropriated to carry out
  this subtitle $12,000,000 for each of fiscal years 2001 through 2005.".
       (b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
  PRACTITIONERS.-Section 224 of the Victims of Child Abuse Act of 1990 (42
  U.S.C. 13024) is amended by striking subsection (a) and inserting the
  following:
       "(a) AUTHORIZATION.-There is authorized to be appropriated to carry out
  this subtitle $2,300,000 for each of fiscal years 2001 through 2005.".
       (c) GRANTS FOR TELEVISED TESTIMONY.-Section 1001(a) of title I of the
  Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is
  amended by striking paragraph (7) and inserting the following:
       "(7) There is authorized to be appropriated to carry out part N
  $1,000,000 for each of fiscal years 2001 through 2005.".
       (d) DISSEMINATION OF INFORMATION.-The Attorney General shall-
                 (1) annually compile and disseminate information (including
        through electronic publication) about the use of amounts expended and
        the projects funded under section 218(a) of the Victims of Child Abuse
        Act of 1990 (42 U.S.C. 13014(a)), section 224(a) of the Victims of
Child
        Abuse Act of 1990 (42 U.S.C. 13024(a)), and section 1007(a)(7) of title
        I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
        3793(a)(7)), including any evaluations of the projects and information
        to enable replication and adoption of the strategies identified in the
        projects; and
                 (2) focus dissemination of the information described in
        paragraph (1) toward community-based programs, including domestic
        violence and sexual assault programs.

  [Page H8868]
  SEC. 1303. REPORT ON EFFECTS OF PARENTAL KIDNAPPING LAWS IN DOMESTIC VIOLENCE
  CASES.
       (a) IN GENERAL.-The Attorney General shall-
                 (1) conduct a study of Federal and State laws relating to
child
        custody, including custody provisions in protection orders, the Uniform
        Child Custody Jurisdiction and Enforcement Act adopted by the National
        Conference of Commissioners on Uniform State Laws in July 1997, the
        Parental Kidnaping Prevention Act of 1980 and the amendments made by
        that Act, and the effect of those laws on child custody cases in which
        domestic violence is a factor; and
                 (2) submit to Congress a report describing the results of that
        study, including the effects of implementing or applying model State
        laws, and the recommendations of the Attorney General to reduce the
        incidence or pattern of violence against women or of sexual assault of
        the child.

       (b) SUFFICIENCY OF DEFENSES.-In carrying out subsection (a) with respect
  to the Parental Kidnaping Prevention Act of 1980 and the amendments made by
  that Act, the Attorney General shall examine the sufficiency of defenses to
  parental abduction charges available in cases involving domestic violence,
and
  the burdens and risks encountered by victims of domestic violence arising
from
  jurisdictional requirements of that Act and the amendments made by that Act.
       (c) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be
  appropriated to carry out this section $200,000 for fiscal year 2001.
       (d) CONDITION FOR CUSTODY DETERMINATION.-Section 1738A(c)(2)(C)(ii) of
  title 28, United States Code, is amended by striking "he" and inserting "the
  child, a sibling, or parent of the child".
  TITLE IV-STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE AGAINST WOMEN
  SEC. 1401. RAPE PREVENTION AND EDUCATION.
       (a) IN GENERAL.-Part J of title III of the Public Health Service Act (42
  U.S.C. 280b et seq.) is amended by inserting after section 393A the following:
  "SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
       "(a) PERMITTED USE.-The Secretary, acting through the National Center
for
  Injury Prevention and Control at the Centers for Disease Control and
  Prevention, shall award targeted grants to States to be used for rape
  prevention and education programs conducted by rape crisis centers, State
  sexual assault coalitions, and other public and private nonprofit entities
for-
                 "(1) educational seminars;
                 "(2) the operation of hotlines;
                 "(3) training programs for professionals;
                 "(4) the preparation of informational material;
                 "(5) education and training programs for students and campus
        personnel designed to reduce the incidence of sexual assault at
colleges
        and universities;
                 "(6) education to increase awareness about drugs used to
        facilitate rapes or sexual assaults; and
                 "(7) other efforts to increase awareness of the facts about,
or
        to help prevent, sexual assault, including efforts to increase
awareness
        in underserved communities and awareness among individuals with
        disabilities (as defined in section 3 of the Americans with
Disabilities
        Act of 1990 (42 U.S.C. 12102)).

       "(b) COLLECTION AND DISSEMINATION OF INFORMATION ON SEXUAL ASSAULT.-The
  Secretary shall, through the National Resource Center on Sexual Assault
  established under the National Center for Injury Prevention and Control at
the
  Centers for Disease Control and Prevention, provide resource information,
  policy, training, and technical assistance to Federal, State, local, and
  Indian tribal agencies, as well as to State sexual assault coalitions and
  local sexual assault programs and to other professionals and interested
  parties on issues relating to sexual assault, including maintenance of a
  central resource library in order to collect, prepare, analyze, and
  disseminate information and statistics and analyses thereof relating to the
  incidence and prevention of sexual assault.
       "(c) AUTHORIZATION OF APPROPRIATIONS.-
                 "(1) IN GENERAL.-There is authorized to be appropriated to
        carry out this section $80,000,000 for each of fiscal years 2001
through
        2005.
                 "(2) NATIONAL RESOURCE CENTER ALLOTMENT.-Of the total amount
        made available under this subsection in each fiscal year, not more than
        the greater of $1,000,000 or 2 percent of such amount shall be
available
        for allotment under subsection (b).

       "(d) LIMITATIONS.-
                 "(1) SUPPLEMENT NOT SUPPLANT.-Amounts provided to States under
        this section shall be used to supplement and not supplant other
Federal,
        State, and local public funds expended to provide services of the type
        described in subsection (a).
                 "(2) STUDIES.-A State may not use more than 2 percent of the
        amount received by the State under this section for each fiscal year
for
        surveillance studies or prevalence studies.
                 "(3) ADMINISTRATION.-A State may not use more than 5 percent
of
        the amount received by the State under this section for each fiscal
year
        for administrative expenses.".

       (b) REPEAL.-Section 40151 of the Violence Against Women Act of 1994 (108
  Stat. 1920), and the amendment made by such section, is repealed.
  SEC. 1402. EDUCATION AND TRAINING TO END VIOLENCE AGAINST AND ABUSE OF WOMEN
  WITH DISABILITIES.
       (a) IN GENERAL.-The Attorney General, in consultation with the Secretary
  of Health and Human Services, may award grants to States, units of local
  government, Indian tribal governments, and nongovernmental private entities
to
  provide education and technical assistance for the purpose of providing
  training, consultation, and information on domestic violence, stalking, and
  sexual assault against women who are individuals with disabilities (as
defined
  in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102)).
       (b) PRIORITIES.-In awarding grants under this section, the Attorney
  General shall give priority to applications designed to provide education and
  technical assistance on-
                 (1) the nature, definition, and characteristics of domestic
        violence, stalking, and sexual assault experienced by women who are
        individuals with disabilities;
                 (2) outreach activities to ensure that women who are
        individuals with disabilities who are victims of domestic violence,
        stalking, and sexual assault receive appropriate assistance;
                 (3) the requirements of shelters and victim services
        organizations under Federal anti-discrimination laws, including the
        Americans with Disabilities Act of 1990 and section 504 of the
        Rehabilitation Act of 1973; and
                 (4) cost-effective ways that shelters and victim services may
        accommodate the needs of individuals with disabilities in accordance
        with the Americans with Disabilities Act of 1990.

       (c) USES OF GRANTS.-Each recipient of a grant under this section shall
  provide information and training to organizations and programs that provide
  services to individuals with disabilities, including independent living
  centers, disability-related service organizations, and domestic violence
  programs providing shelter or related assistance.
       (d) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be
  appropriated to carry out this section $7,500,000 for each of fiscal years
  2001 through 2005.
  SEC. 1403. COMMUNITY INITIATIVES.
       Section 318 of the Family Violence Prevention and Services Act (42
U.S.C.
  10418) is amended by striking subsection (h) and inserting the following:
       "(h) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
  appropriated to carry out this section $6,000,000 for each of fiscal years
  2001 through 2005.".
  SEC. 1404. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE VIOLENCE AGAINST
  WOMEN ACT OF 1994.
       (a) IN GENERAL.-The Attorney General shall-
                 (1) direct the National Institute of Justice, in consultation
        and coordination with the Bureau of Justice Statistics and the National
        Academy of Sciences, through its National Research Council, to develop
a
        research agenda based on the recommendations contained in the report
        entitled "Understanding Violence Against Women" of the National Academy
        of Sciences; and
                 (2) not later than 1 year after the date of enactment of this
        Act, in consultation with the Secretary of the Department of Health and
        Human Services, submit to Congress a report which shall include-
                     (A) a description of the research agenda developed under
        paragraph (1) and a plan to implement that agenda;
                     (B) recommendations for priorities in carrying out that
        agenda to most effectively advance knowledge about and means by which
to
        prevent or reduce violence against women.

       (b) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
  appropriated such sums as may be necessary to carry out this section.
  SEC. 1405. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL ASSAULT FORENSIC
  EXAMINATIONS.
       (a) IN GENERAL.-The Attorney General shall-
                 (1) evaluate existing standards of training and practice for
        licensed health care professionals performing sexual assault forensic
        examinations and develop a national recommended standard for training;
                 (2) recommend sexual assault forensic examination training for
        all health care students to improve the recognition of injuries
        suggestive of rape and sexual assault and baseline knowledge of
        appropriate referrals in victim treatment and evidence collection; and
                 (3) review existing national, State, tribal, and local
        protocols on sexual assault forensic examinations, and based on this
        review, develop a recommended national protocol and establish a
        mechanism for its nationwide dissemination.

       (b) CONSULTATION.-The Attorney General shall consult with national,
  State, tribal, and local experts in the area of rape and sexual assault,
  including rape crisis centers, State and tribal sexual assault and domestic
  violence coalitions and programs, and programs for criminal justice, forensic
  nursing, forensic science, emergency room medicine, law, social services, and
  sex crimes in underserved communities (as defined in section 2003(7) of title
  I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
  3796gg-2(7)), as amended by this division).
       (c) REPORT.-The Attorney General shall ensure that not later than 1 year
  after the date of enactment of this Act, a report of the actions taken
  pursuant to subsection (a) is submitted to Congress.
       (d) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be
  appropriated to carry out this section $200,000 for fiscal year 2001.
  SEC. 1406. EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL.
       (a) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
  STATE COURTS.-
                 (1) SECTION 40412.-Section 40412 of the Equal Justice for
Women
        in the Courts Act of 1994 (42 U.S.C. 13992) is amended-
                     (A) by striking "and" at the end of paragraph (18);

  [Page H8869]
                     (B) by striking the period at the end of paragraph (19)
and
        inserting a semicolon; and
                     (C) by inserting after paragraph (19) the following:
                 "(20) the issues raised by domestic violence in determining
        custody and visitation, including how to protect the safety of the
child
        and of a parent who is not a predominant aggressor of domestic
violence,
        the legitimate reasons parents may report domestic violence, the ways
        domestic violence may relate to an abuser´s desire to seek custody, and
        evaluating expert testimony in custody and visitation determinations
        involving domestic violence;
                 "(21) the issues raised by child sexual assault in determining
        custody and visitation, including how to protect the safety of the
        child, the legitimate reasons parents may report child sexual assault,
        and evaluating expert testimony in custody and visitation
determinations
        involving child sexual assault, including the current
        scientifically-accepted and empirically valid research on child sexual
        assault;
                 "(22) the extent to which addressing domestic violence and
        victim safety contributes to the efficient administration of justice;".
                 (2) SECTION 40414.-Section 40414(a) of the Equal Justice for
        Women in the Courts Act of 1994 (42 U.S.C. 13994(a)) is amended by
        inserting "and $1,500,000 for each of the fiscal years 2001 through
        2005" after "1996".

       (b) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
  FEDERAL COURTS.-
                 (1) SECTION 40421.-Section 40421(d) of the Equal Justice for
        Women in the Courts Act of 1994 (42 U.S.C. 14001(d)) is amended to read
        as follows:

       "(d) CONTINUING EDUCATION AND TRAINING PROGRAMS.-The Federal Judicial
  Center, in carrying out section 620(b)(3) of title 28, United States Code,
  shall include in the educational programs it prepares, including the training
  programs for newly appointed judges, information on the aspects of the topics
  listed in section 40412 that pertain to issues within the jurisdiction of the
  Federal courts, and shall prepare materials necessary to implement this
  subsection.".
                 (2) SECTION 40422.-Section 40422(2) of the Equal Justice for
        Women in the Courts Act of 1994 (42 U.S.C. 14002(2)) is amended by
        inserting "and $500,000 for each of the fiscal years 2001 through 2005"
        after "1996".

       (c) TECHNICAL AMENDMENTS TO THE EQUAL JUSTICE FOR WOMEN IN THE COURTS
ACT
  OF 1994.-
                 (1) ENSURING COLLABORATION WITH DOMESTIC VIOLENCE AND SEXUAL
        ASSAULT PROGRAMS.-Section 40413 of the Equal Justice for Women in the
        Courts Act of 1994 (42 U.S.C. 13993) is amended by adding ", including
        national, State, tribal, and local domestic violence and sexual assault
        programs and coalitions" after "victim advocates".
                 (2) PARTICIPATION OF TRIBAL COURTS IN STATE TRAINING AND
        EDUCATION PROGRAMS.-Section 40411 of the Equal Justice for Women in the
        Courts Act of 1994 (42 U.S.C. 13991) is amended by adding at the end
the
        following: "Nothing shall preclude the attendance of tribal judges and
        court personnel at programs funded under this section for States to
        train judges and court personnel on the laws of the States.".
                 (3) USE OF FUNDS FOR DISSEMINATION OF MODEL PROGRAMS.-Section
        40414 of the Equal Justice for Women in the Courts Act of 1994 (42
        U.S.C. 13994) is amended by adding at the end the following:

       "(c) STATE JUSTICE INSTITUTE.-The State Justice Institute may use up to
5
  percent of the funds appropriated under this section for annually compiling
  and broadly disseminating (including through electronic publication)
  information about the use of funds and about the projects funded under this
  section, including any evaluations of the projects and information to enable
  the replication and adoption of the projects.".
       (d) DATING VIOLENCE.-
                 (1) SECTION 40411.-Section 40411 of the Equal Justice for
Women
        in Courts Act of 1994 (42 U.S.C 13991) is amended by inserting "dating
        violence," after "domestic violence,".
                 (2) SECTION 40412.-Section 40412 of such Act (42 U.S.C 13992)
        is amended-
                     (A) in paragraph (10), by inserting "and dating violence
        (as defined in section 2003 of title I of the Omnibus Crime Control and
        Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))" before the semicolon;
                     (B) in paragraph (11), by inserting "and dating violence"
        after "domestic violence";
                     (C) in paragraph (13), by inserting "and dating violence"
        after "domestic violence" in both places that it appears;
                     (D) in paragraph (17), by inserting "or dating violence"
        after "domestic violence" in both places that it appears; and
                     (E) in paragraph (18), by inserting "and dating violence"
        after "domestic violence".

  SEC. 1407. DOMESTIC VIOLENCE TASK FORCE
       The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) (as
  amended by section 1209(a) of this division) is amended by adding at the end
  the following:
  "Subtitle I-Domestic Violence Task Force
  "SEC. 40901. TASK FORCE.
       "(a) ESTABLISH.-The Attorney General, in consultation with national
  nonprofit, nongovernmental organizations whose primary expertise is in
  domestic violence, shall establish a task force to coordinate research on
  domestic violence and to report to Congress on any overlapping or duplication
  of efforts on domestic violence issues. The task force shall be comprised of
  representatives from all Federal agencies that fund such research.
       "(b) USES OF FUNDS.-Funds appropriated under this section shall be used
  to-
                 "(1) develop a coordinated strategy to strengthen research
        focused on domestic violence education, prevention, and intervention
        strategies;
                 "(2) track and report all Federal research and expenditures on
        domestic violence; and
                 "(3) identify gaps and duplication of efforts in domestic
        violence research and governmental expenditures on domestic violence
        issues.

       "(c) REPORT.-The Task Force shall report to Congress annually on its
work
  under subsection (b).
       "(d) DEFINITION.-For purposes of this section, the term `domestic
  violence´ has the meaning given such term by section 2003 of title I of the
  Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(1)).
       "(e) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be
  appropriated to carry out this section $500,000 for each of fiscal years 2001
  through 2004.".
  TITLE V-BATTERED IMMIGRANT WOMEN
  SEC. 1501. SHORT TITLE.
       This title may be cited as the "Battered Immigrant Women Protection Act
  of 2000".
  SEC. 1502. FINDINGS AND PURPOSES.
       (a) FINDINGS.-Congress finds that-
                 (1) the goal of the immigration protections for battered
        immigrants included in the Violence Against Women Act of 1994 was to
        remove immigration laws as a barrier that kept battered immigrant women
        and children locked in abusive relationships;
                 (2) providing battered immigrant women and children who were
        experiencing domestic violence at home with protection against
        deportation allows them to obtain protection orders against their
        abusers and frees them to cooperate with law enforcement and
prosecutors
        in criminal cases brought against their abusers and the abusers of
their
        children without fearing that the abuser will retaliate by withdrawing
        or threatening withdrawal of access to an immigration benefit under the
        abuser´s control; and
                 (3) there are several groups of battered immigrant women and
        children who do not have access to the immigration protections of the
        Violence Against Women Act of 1994 which means that their abusers are
        virtually immune from prosecution because their victims can be deported
        as a result of action by their abusers and the Immigration and
        Naturalization Service cannot offer them protection no matter how
        compelling their case under existing law.

       (b) PURPOSES.-The purposes of this title are-
                 (1) to remove barriers to criminal prosecutions of persons who
        commit acts of battery or extreme cruelty against immigrant women and
        children; and
                 (2) to offer protection against domestic violence occurring in
        family and intimate relationships that are covered in State and tribal
        protection orders, domestic violence, and family law statutes.

  SEC. 1503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE AGAINST
  WOMEN ACT OF 1994 FOR BATTERED IMMIGRANT WOMEN.
       (a) INTENDED SPOUSE DEFINED.-Section 101(a) of the Immigration and
  Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the
  following:
       "(50) The term `intended spouse´ means any alien who meets the criteria
  set forth in section 204(a)(1)(A)(iii)(II)(aa)(BB),
  204(a)(1)(B)(ii)(II)(aa)(BB), or 240A(b)(2)(A)(i)(III).".
       (b) IMMEDIATE RELATIVE STATUS FOR SELF-PETITIONERS MARRIED TO U.S.
  CITIZENS.-
                 (1) SELF-PETITIONING SPOUSES.-
                     (A) BATTERY OR CRUELTY TO ALIEN OR ALIEN´S CHILD.-Section
        204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C.
        1154(a)(1)(A)(iii)) is amended to read as follows:

       "(iii)(I) An alien who is described in subclause (II) may file a
petition
  with the Attorney General under this clause for classification of the alien
  (and any child of the alien) if the alien demonstrates to the Attorney
General
  that-
                 "(aa) the marriage or the intent to marry the United States
        citizen was entered into in good faith by the alien; and
                 "(bb) during the marriage or relationship intended by the
alien
        to be legally a marriage, the alien or a child of the alien has been
        battered or has been the subject of extreme cruelty perpetrated by the
        alien´s spouse or intended spouse.

       "(II) For purposes of subclause (I), an alien described in this
subclause
  is an alien-
                 "(aa)(AA) who is the spouse of a citizen of the United States;
                 "(BB) who believed that he or she had married a citizen of the
        United States and with whom a marriage ceremony was actually performed
        and who otherwise meets any applicable requirements under this Act to
        establish the existence of and bona fides of a marriage, but whose
        marriage is not legitimate solely because of the bigamy of such citizen
        of the United States; or
                 "(CC) who was a bona fide spouse of a United States citizen
        within the past 2 years and-
                     "(aaa) whose spouse died within the past 2 years;
                     "(bbb) whose spouse lost or renounced citizenship status
        within the past 2 years related to an incident of domestic violence; or
                     "(ccc) who demonstrates a connection between the legal
        termination of the marriage within the past 2 years and battering or
        extreme cruelty by the United States citizen spouse;
                 "(bb) who is a person of good moral character;
                 "(cc) who is eligible to be classified as an immediate
relative
        under section 201(b)(2)(A)(i) or who would have been so classified but
        for the bigamy of the citizen of the United States that the alien
        intended to marry; and
                 "(dd) who has resided with the alien´s spouse or intended
        spouse.".
                 (2) SELF-PETITIONING CHILDREN.-Section 204(a)(1)(A)(iv) of the
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended
        to read as follows:

  [Page H8870]
       "(iv) An alien who is the child of a citizen of the United States, or
who
  was a child of a United States citizen parent who within the past 2 years
lost
  or renounced citizenship status related to an incident of domestic violence,
  and who is a person of good moral character, who is eligible to be classified
  as an immediate relative under section 201(b)(2)(A)(i), and who resides, or
  has resided in the past, with the citizen parent may file a petition with the
  Attorney General under this subparagraph for classification of the alien (and
  any child of the alien) under such section if the alien demonstrates to the
  Attorney General that the alien has been battered by or has been the subject
  of extreme cruelty perpetrated by the alien´s citizen parent. For purposes of
  this clause, residence includes any period of visitation.".
                 (3) FILING OF PETITIONS.-Section 204(a)(1)(A) of the
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by
        adding at the end the following:

       "(v) An alien who-
                 "(I) is the spouse, intended spouse, or child living abroad of
        a citizen who-
                     "(aa) is an employee of the United States Government;
                     "(bb) is a member of the uniformed services (as defined in
        section 101(a) of title 10, United States Code); or
                     "(cc) has subjected the alien or the alien´s child to
        battery or extreme cruelty in the United States; and
                 "(II) is eligible to file a petition under clause (iii) or
(iv);

      shall file such petition with the Attorney General under the procedures
  that apply to self-petitioners under clause (iii) or (iv), as applicable.".
       (c) SECOND PREFERENCE IMMIGRATION STATUS FOR SELF-PETITIONERS MARRIED TO
  LAWFUL PERMANENT RESIDENTS.-
                 (1) SELF-PETITIONING SPOUSES.-Section 204(a)(1)(B)(ii) of the
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)) is amended
        to read as follows:

       "(ii)(I) An alien who is described in subclause (II) may file a petition
  with the Attorney General under this clause for classification of the alien
  (and any child of the alien) if such a child has not been classified under
  clause (iii) of section 203(a)(2)(A) and if the alien demonstrates to the
  Attorney General that-
                 "(aa) the marriage or the intent to marry the lawful permanent
        resident was entered into in good faith by the alien; and
                 "(bb) during the marriage or relationship intended by the
alien
        to be legally a marriage, the alien or a child of the alien has been
        battered or has been the subject of extreme cruelty perpetrated by the
        alien´s spouse or intended spouse.

       "(II) For purposes of subclause (I), an alien described in this
paragraph
  is an alien-
                 "(aa)(AA) who is the spouse of a lawful permanent resident of
        the United States; or
                 "(BB) who believed that he or she had married a lawful
        permanent resident of the United States and with whom a marriage
        ceremony was actually performed and who otherwise meets any applicable
        requirements under this Act to establish the existence of and bona
fides
        of a marriage, but whose marriage is not legitimate solely because of
        the bigamy of such lawful permanent resident of the United States; or
                 "(CC) who was a bona fide spouse of a lawful permanent
resident
        within the past 2 years and-
                     "(aaa) whose spouse lost status within the past 2 years
due
        to an incident of domestic violence; or
                     "(bbb) who demonstrates a connection between the legal
        termination of the marriage within the past 2 years and battering or
        extreme cruelty by the lawful permanent resident spouse;
                 "(bb) who is a person of good moral character;
                 "(cc) who is eligible to be classified as a spouse of an alien
        lawfully admitted for permanent residence under section 203(a)(2)(A) or
        who would have been so classified but for the bigamy of the lawful
        permanent resident of the United States that the alien intended to
        marry; and
                 "(dd) who has resided with the alien´s spouse or intended
        spouse.".
                 (2) SELF-PETITIONING CHILDREN.-Section 204(a)(1)(B)(iii) of
the
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(iii)) is
amended
        to read as follows:

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

       "(iv) An alien who-
                 "(I) is the spouse, intended spouse, or child living abroad of
        a lawful permanent resident who-
                     "(aa) is an employee of the United States Government;
                     "(bb) is a member of the uniformed services (as defined in
        section 101(a) of title 10, United States Code); or
                     "(cc) has subjected the alien or the alien´s child to
        battery or extreme cruelty in the United States; and
                 "(II) is eligible to file a petition under clause (ii) or
(iii);

      shall file such petition with the Attorney General under the procedures
  that apply to self-petitioners under clause (ii) or (iii), as applicable.".
       (d) GOOD MORAL CHARACTER DETERMINATIONS FOR SELF-PETITIONERS AND
  TREATMENT OF CHILD SELF-PETITIONERS AND PETITIONS INCLUDING DERIVATIVE
  CHILDREN ATTAINING 21 YEARS OF AGE.-Section 204(a)(1) of the Immigration and
  Nationality Act (8 U.S.C. 1154(a)(1)) is amended-
                 (1) by redesignating subparagraphs (C) through (H) as
        subparagraphs (E) through (J), respectively;
                 (2) by inserting after subparagraph (B) the following:

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

       (e) ACCESS TO NATURALIZATION FOR DIVORCED VICTIMS OF ABUSE.-Section
  319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended-
                 (1) by inserting ", or any person who obtained status as a
        lawful permanent resident by reason of his or her status as a spouse or
        child of a United States citizen who battered him or her or subjected
        him or her to extreme cruelty," after "United States" the first place
        such term appears; and
                 (2) by inserting "(except in the case of a person who has been
        battered or subjected to extreme cruelty by a United States citizen
        spouse or parent)" after "has been living in marital union with the
        citizen spouse".

  SEC. 1504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND SUSPENSION OF
  DEPORTATION UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994.
       (a) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN
  NONPERMANENT RESIDENTS.-Section 240A(b)(2) of the Immigration and Nationality
  Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows:
                 "(2) SPECIAL RULE FOR BATTERED SPOUSE OR CHILD.-
                     "(A) AUTHORITY.-The Attorney General may cancel removal
of,
        and adjust to the status of an alien lawfully admitted for permanent
        residence, an alien who is inadmissible or deportable from the United
        States if the alien demonstrates that-
                         "(i)(I) the alien has been battered or subjected to
        extreme cruelty by a spouse or parent who is or was a United States
        citizen (or is the parent of a child of a United States citizen and the
        child has been battered or subjected to extreme cruelty by such citizen
        parent);
                         "(II) the alien has been battered or subjected to
        extreme cruelty by a spouse or parent who is or was a lawful permanent
        resident (or is the parent of a child of an alien who is or was a
lawful
        permanent resident and the child has been battered or subjected to
        extreme cruelty by such permanent resident parent); or
                         "(III) the alien has been battered or subjected to
        extreme cruelty by a United States citizen or lawful permanent resident
        whom the alien intended to marry, but whose marriage is not legitimate
        because of that United States citizen´s or lawful permanent resident´s
        bigamy;
                         "(ii) the alien has been physically present in the
        United States for a continuous period of not less than 3 years
        immediately preceding the date of such application, and the issuance of
        a charging document for removal proceedings shall not toll the 3-year
        period of continuous physical presence in the United States;
                         "(iii) the alien has been a person of good moral
        character during such period, subject to the provisions of subparagraph
        (C);

  [Page H8871]
                         "(iv) the alien is not inadmissible under paragraph
(2)
        or (3) of section 212(a), is not deportable under paragraphs (1)(G) or
        (2) through (4) of section 237(a) (except in a case described in
section
        237(a)(7) where the Attorney General exercises discretion to grant a
        waiver), and has not been convicted of an aggravated felony; and
                         "(v) the removal would result in extreme hardship to
        the alien, the alien´s child, or the alien´s parent.
                     "(B) PHYSICAL PRESENCE.-Notwithstanding subsection (d)(2),
        for purposes of subparagraph (A)(i)(II) or for purposes of section
        244(a)(3) (as in effect before the title III-A effective date in
section
        309 of the Illegal Immigration Reform and Immigrant Responsibility Act
        of 1996), an alien shall not be considered to have failed to maintain
        continuous physical presence by reason of an absence if the alien
        demonstrates a connection between the absence and the battering or
        extreme cruelty perpetrated against the alien. No absence or portion of
        an absence connected to the battering or extreme cruelty shall count
        toward the 90-day or 180-day limits established in subsection (d)(2).
If
        any absence or aggregate absences exceed 180 days, the absences or
        portions of the absences will not be considered to break the period of
        continuous presence. Any such period of time excluded from the 180-day
        limit shall be excluded in computing the time during which the alien
has
        been physically present for purposes of the 3-year requirement set
forth
        in section 240A(b)(2)(B) and section 244(a)(3) (as in effect before the
        title III-A effective date in section 309 of the Illegal Immigration
        Reform and Immigrant Responsibility Act of 1996).
                     "(C) GOOD MORAL CHARACTER.-Notwithstanding section 101(f),
        an act or conviction that does not bar the Attorney General from
        granting relief under this paragraph by reason of subparagraph (A)(iv)
        shall not bar the Attorney General from finding the alien to be of good
        moral character under subparagraph (A)(i)(III) or section 244(a)(3) (as
        in effect before the title III-A effective date in section 309 of the
        Illegal Immigration Reform and Immigrant Responsibility Act of 1996),
if
        the Attorney General finds that the act or conviction was connected to
        the alien´s having been battered or subjected to extreme cruelty and
        determines that a waiver is otherwise warranted.
                     "(D) CREDIBLE EVIDENCE CONSIDERED.-In acting on
        applications under this paragraph, the Attorney General shall consider
        any credible evidence relevant to the application. The determination of
        what evidence is credible and the weight to be given that evidence
shall
        be within the sole discretion of the Attorney General.".

       (b) CHILDREN OF BATTERED ALIENS AND PARENTS OF BATTERED ALIEN
  CHILDREN.-Section 240A(b) of the Immigration and Nationality Act (8 U.S.C.
  1229b(b)) is amended by adding at the end the following:
                 "(4) CHILDREN OF BATTERED ALIENS AND PARENTS OF BATTERED ALIEN
        CHILDREN.-
                     "(A) IN GENERAL.-The Attorney General shall grant parole
        under section 212(d)(5) to any alien who is a-
                         "(i) child of an alien granted relief under section
        240A(b)(2) or 244(a)(3) (as in effect before the title III-A effective
        date in section 309 of the Illegal Immigration Reform and Immigrant
        Responsibility Act of 1996); or
                         "(ii) parent of a child alien granted relief under
        section 240A(b)(2) or 244(a)(3) (as in effect before the title III-A
        effective date in section 309 of the Illegal Immigration Reform and
        Immigrant Responsibility Act of 1996).
                     "(B) DURATION OF PAROLE.-The grant of parole shall extend
        from the time of the grant of relief under section 240A(b)(2) or
section
        244(a)(3) (as in effect before the title III-A effective date in
section
        309 of the Illegal Immigration Reform and Immigrant Responsibility Act
        of 1996) to the time the application for adjustment of status filed by
        aliens covered under this paragraph has been finally adjudicated.
        Applications for adjustment of status filed by aliens covered under
this
        paragraph shall be treated as if they were applications filed under
        section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes
        of section 245 (a) and (c). Failure by the alien granted relief under
        section 240A(b)(2) or section 244(a)(3) (as in effect before the title
        III-A effective date in section 309 of the Illegal Immigration Reform
        and Immigrant Responsibility Act of 1996) to exercise due diligence in
        filing a visa petition on behalf of an alien described in clause (i) or
        (ii) may result in revocation of parole.".

       (c) EFFECTIVE DATE.-Any individual who becomes eligible for relief by
  reason of the enactment of the amendments made by subsections (a) and (b),
  shall be eligible to file a motion to reopen pursuant to section
  240(c)(6)(C)(iv). The amendments made by subsections (a) and (b) shall take
  effect as if included in the enactment of section 304 of the Illegal
  Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law
  104-208; 110 Stat. 587). Such portions of the amendments made by subsection
  (b) that relate to section 244(a)(3) (as in effect before the title III-A
  effective date in section 309 of the Illegal Immigration Reform and Immigrant
  Responsibility Act of 1996) shall take effect as if included in subtitle G of
  title IV of the Violent Crime Control and Law Enforcement Act of 1994 (Public
  Law 103-322; 108 Stat. 1953 et seq.).
  SEC. 1505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE
  AGAINST WOMEN ACT OF 1994 FOR ALL QUALIFIED BATTERED IMMIGRANT
  SELF-PETITIONERS.
       (a) BATTERED IMMIGRANT WAIVER.-Section 212(a)(9)(C)(ii) of the
  Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended by
  adding at the end the following: "The Attorney General in the Attorney
  General´s discretion may waive the provisions of section 212(a)(9)(C)(i) in
  the case of an alien to whom the Attorney General has granted classification
  under clause (iii), (iv), or (v) of section 204(a)(1)(A), or classification
  under clause (ii), (iii), or (iv) of section 204(a)(1)(B), in any case in
  which there is a connection between-
                 "(1) the alien´s having been battered or subjected to extreme
        cruelty; and
                 "(2) the alien´s-
                     "(A) removal;
                     "(B) departure from the United States;
                     "(C) reentry or reentries into the United States; or
                     "(D) attempted reentry into the United States.".

       (b) DOMESTIC VIOLENCE VICTIM WAIVER.-
                 (1) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.-Section 237(a) of
        the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by
        inserting at the end the following:
                 "(7) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.-
                     "(A) IN GENERAL.-The Attorney General is not limited by
the
        criminal court record and may waive the application of paragraph
        (2)(E)(i) (with respect to crimes of domestic violence and crimes of
        stalking) and (ii) in the case of an alien who has been battered or
        subjected to extreme cruelty and who is not and was not the primary
        perpetrator of violence in the relationship-
                         "(i) upon a determination that-
                             "(I) the alien was acting is self-defense;
                             "(II) the alien was found to have violated a
        protection order intended to protect the alien; or
                             "(III) the alien committed, was arrested for, was
        convicted of, or pled guilty to committing a crime-
                                 "(aa) that did not result in serious bodily
        injury; and
                                 "(bb) where there was a connection between the
        crime and the alien´s having been battered or subjected to extreme
        cruelty.
                     "(B) CREDIBLE EVIDENCE CONSIDERED.-In acting on
        applications under this paragraph, the Attorney General shall consider
        any credible evidence relevant to the application. The determination of
        what evidence is credible and the weight to be given that evidence
shall
        be within the sole discretion of the Attorney General.".
                 (2) CONFORMING AMENDMENT.-Section 240A(b)(1)(C) of the
        Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is amended by
        inserting "(except in a case described in section 237(a)(7) where the
        Attorney General exercises discretion to grant a waiver)" after
        "237(a)(3)".

       (c) MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF UNITED STATES
  CITIZENS AND LAWFUL PERMANENT RESIDENTS.-
                 (1) WAIVER OF INADMISSIBILITY.-Section 212(i)(1) of the
        Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is amended by
        inserting before the period at the end the following: "or, in the case
        of an alien granted classification under clause (iii) or (iv) of
section
        204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B), the alien
        demonstrates extreme hardship to the alien or the alien´s United States
        citizen, lawful permanent resident, or qualified alien parent or child".
                 (2) WAIVER OF DEPORTABILITY.-Section 237(a)(1)(H) of the
        Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is amended-
                     (A) in clause (i), by inserting "(I)" after "(i)";
                     (B) by redesignating clause (ii) as subclause (II); and
                     (C) by adding after clause (i) the following:
                         "(ii) is an alien who qualifies for classification
        under clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or
        (iii) of section 204(a)(1)(B).".

       (d) BATTERED IMMIGRANT WAIVER.-Section 212(g)(1) of the Immigration and
  Nationality Act (8 U.S.C. 1182(g)(1)) is amended-
                 (1) in subparagraph (A), by striking "or" at the end;
                 (2) in subparagraph (B), by adding "or" at the end; and
                 (3) by inserting after subparagraph (B) the following:
                     "(C) qualifies for classification under clause (iii) or
        (iv) of section 204(a)(1)(A) or classification under clause (ii) or
        (iii) of section 204(a)(1)(B);".

       (e) WAIVERS FOR VAWA ELIGIBLE BATTERED IMMIGRANTS.-Section 212(h)(1) of
  the Immigration and Nationality Act (8 U.S.C. 1182(h)(1)) is amended-
                 (1) in subparagraph (B), by striking "and" and inserting "or";
        and
                 (2) by adding at the end the following:
                     "(C) the alien qualifies for classification under clause
        (iii) or (iv) of section 204(a)(1)(A) or classification under clause
        (ii) or (iii) of section 204(a)(1)(B); and".

       (f) PUBLIC CHARGE.-Section 212 of the Immigration and Nationality Act (8
  U.S.C. 1182) is amended by adding at the end the following:
       "(p) In determining whether an alien described in subsection
(a)(4)(C)(i)
  is inadmissible under subsection (a)(4) or ineligible to receive an immigrant
  visa or otherwise to adjust to the status of permanent resident by reason of
  subsection (a)(4), the consular officer or the Attorney General shall not
  consider any benefits the alien may have received that were authorized under
  section 501 of the Illegal Immigration Reform and Immigrant Responsibility
Act
  of 1996 (8 U.S.C. 1641(c)).".
       (g) REPORT.-Not later than 6 months after the date of enactment of this
  Act, the Attorney General shall submit a report to the Committees on the
  Judiciary of the Senate and the House of Representatives covering, with
  respect to fiscal year 1997 and each fiscal year thereafter-
                 (1) the policy and procedures of the Immigration and
        Naturalization Service under which an alien who has been battered or
        subjected to extreme cruelty who is eligible for suspension of
        deportation or cancellation of removal can request to be placed, and be
        placed, in deportation or removal proceedings so that such alien may
        apply for suspension of deportation or cancellation of removal;

  [Page H8872]
                 (2) the number of requests filed at each district office under
        this policy;
                 (3) the number of these requests granted reported separately
        for each district; and
                 (4) the average length of time at each Immigration and
        Naturalization office between the date that an alien who has been
        subject to battering or extreme cruelty eligible for suspension of
        deportation or cancellation of removal requests to be placed in
        deportation or removal proceedings and the date that the immigrant
        appears before an immigration judge to file an application for
        suspension of deportation or cancellation of removal.

  SEC. 1506. RESTORING IMMIGRATION PROTECTIONS UNDER THE VIOLENCE AGAINST WOMEN
  ACT OF 1994.
       (a) REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VICTIMS OF DOMESTIC
  VIOLENCE.-
                 (1) IMMIGRATION AMENDMENTS.-Section 245 of the Immigration and
        Nationality Act (8 U.S.C. 1255) is amended-
                     (A) in subsection (a), by inserting "or the status of any
        other alien having an approved petition for classification under
        subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section
        204(a)(1) or" after "into the United States."; and
                     (B) in subsection (c), by striking "Subsection (a) shall
        not be applicable to" and inserting the following: "Other than an alien
        having an approved petition for classification under subparagraph
        (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of
        section 204(a)(1), subsection (a) shall not be applicable to".
                 (2) EFFECTIVE DATE.-The amendments made by paragraph (1) shall
        apply to applications for adjustment of status pending on or made on or
        after January 14, 1998.

       (b) REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND SUSPENSION OF
  DEPORTATION FOR VICTIMS OF DOMESTIC VIOLENCE.-
                 (1) NOT TREATING SERVICE OF NOTICE AS TERMINATING CONTINUOUS
        PERIOD.-Section 240A(d)(1) of the Immigration and Nationality Act (8
        U.S.C. 1229b(d)(1)) is amended by striking "when the alien is served a
        notice to appear under section 239(a) or" and inserting "(A) except in
        the case of an alien who applies for cancellation of removal under
        subsection (b)(2), when the alien is served a notice to appear under
        section 239(a), or (B)".
                 (2) EFFECTIVE DATE.-The amendment made by paragraph (1) shall
        take effect as if included in the enactment of section 304 of the
        Illegal Immigration Reform and Immigrant Responsibility Act of 1996
        (Public Law 104-208; 110 Stat. 587).
                 (3) MODIFICATION OF CERTAIN TRANSITION RULES FOR BATTERED
        SPOUSE OR CHILD.-Section 309(c)(5)(C) of the Illegal Immigration Reform
        and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is
amended-
                     (A) by striking the subparagraph heading and inserting the
        following:
                     "(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEMPORARY
        PROTECTION FROM DEPORTATION AND FOR BATTERED SPOUSES AND CHILDREN.-";
and
                     (B) in clause (i)-
                         (i) in subclause (IV), by striking "or" at the end;
                         (ii) in subclause (V), by striking the period at the
        end and inserting "; or"; and
                         (iii) by adding at the end the following:
                             "(VI) is an alien who was issued an order to show
        cause or was in deportation proceedings before April 1, 1997, and who
        applied for suspension of deportation under section 244(a)(3) of the
        Immigration and Nationality Act (as in effect before the date of the
        enactment of this Act).".
                 (4) EFFECTIVE DATE.-The amendments made by paragraph (3) shall
        take effect as if included in the enactment of section 309 of the
        Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
        U.S.C. 1101 note).

       (c) ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN REMOVAL AND
  DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE.-
                 (1) REMOVAL PROCEEDINGS.-
                     (A) IN GENERAL.-Section 240(c)(6)(C) of the Immigration
and
        Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by adding at the
        end the following:
                         "(iv) SPECIAL RULE FOR BATTERED SPOUSES AND
        CHILDREN.-The deadline specified in subsection (b)(5)(C) for filing a
        motion to reopen does not apply-
                             "(I) if the basis for the motion is to apply for
        relief under clause (iii) or (iv) of section 204(a)(1)(A), clause (ii)
        or (iii) of section 204(a)(1)(B), or section 240A(b)(2);
                             "(II) if the motion is accompanied by a
        cancellation of removal application to be filed with the Attorney
        General or by a copy of the self-petition that has been or will be
filed
        with the Immigration and Naturalization Service upon the granting of
the
        motion to reopen; and
                             "(III) if the motion to reopen is filed within 1
        year of the entry of the final order of removal, except that the
        Attorney General may, in the Attorney General´s discretion, waive this
        time limitation in the case of an alien who demonstrates extraordinary
        circumstances or extreme hardship to the alien´s child.".
                     (B) EFFECTIVE DATE.-The amendment made by subparagraph (A)
        shall take effect as if included in the enactment of section 304 of the
        Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
        U.S.C. 1229-1229c).
                 (2) DEPORTATION PROCEEDINGS.-
                     (A) IN GENERAL.-Notwithstanding any limitation imposed by
        law on motions to reopen or rescind deportation proceedings under the
        Immigration and Nationality Act (as in effect before the title III-A
        effective date in section 309 of the Illegal Immigration Reform and
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)), there is no
        time limit on the filing of a motion to reopen such proceedings, and
the
        deadline specified in section 242B(c)(3) of the Immigration and
        Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) does not apply-
                         (i) if the basis of the motion is to apply for relief
        under clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration
        and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of
        section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section
        244(a)(3) of such Act (as so in effect) (8 U.S.C. 1254(a)(3)); and
                         (ii) if the motion is accompanied by a suspension of
        deportation application to be filed with the Attorney General or by a
        copy of the self-petition that will be filed with the Immigration and
        Naturalization Service upon the granting of the motion to reopen.
                     (B) APPLICABILITY.-Subparagraph (A) shall apply to motions
        filed by aliens who-
                         (i) are, or were, in deportation proceedings under the
        Immigration and Nationality Act (as in effect before the title III-A
        effective date in section 309 of the Illegal Immigration Reform and
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)); and
                         (ii) have become eligible to apply for relief under
        clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and
        Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of
        section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section
        244(a)(3) of such Act (as in effect before the title III-A effective
        date in section 309 of the Illegal Immigration Reform and Immigrant
        Responsibility Act of 1996 (8 U.S.C. 1101 note)) as a result of the
        amendments made by-
                             (I) subtitle G of title IV of the Violent Crime
        Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat.
        1953 et seq.); or
                             (II) this title.

  SEC. 1507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE IMMIGRATION
  PROVISIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994.
       (a) EFFECT OF CHANGES IN ABUSERS´ CITIZENSHIP STATUS ON SELF-PETITION.-
                 (1) RECLASSIFICATION.-Section 204(a)(1)(A) of the Immigration
        and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as amended by section
        1503(b)(3) of this title) is amended by adding at the end the following:

       "(vi) For the purposes of any petition filed under clause (iii) or (iv),
  the denaturalization, loss or renunciation of citizenship, death of the
  abuser, divorce, or changes to the abuser´s citizenship status after filing
of
  the petition shall not adversely affect the approval of the petition, and for
  approved petitions shall not preclude the classification of the eligible
  self-petitioning spouse or child as an immediate relative or affect the
  alien´s ability to adjust status under subsections (a) and (c) of section 245
  or obtain status as a lawful permanent resident based on the approved
  self-petition under such clauses.".
                 (2) LOSS OF STATUS.-Section 204(a)(1)(B) of the Immigration
and
        Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as amended by section
        1503(c)(3) of this title) is amended by adding at the end the following:

       "(v)(I) For the purposes of any petition filed or approved under clause
  (ii) or (iii), divorce, or the loss of lawful permanent resident status by a
  spouse or parent after the filing of a petition under that clause shall not
  adversely affect approval of the petition, and, for an approved petition,
  shall not affect the alien´s ability to adjust status under subsections (a)
  and (c) of section 245 or obtain status as a lawful permanent resident based
  on an approved self-petition under clause (ii) or (iii).
       "(II) Upon the lawful permanent resident spouse or parent becoming or
  establishing the existence of United States citizenship through
  naturalization, acquisition of citizenship, or other means, any petition
filed
  with the Immigration and Naturalization Service and pending or approved under
  clause (ii) or (iii) on behalf of an alien who has been battered or subjected
  to extreme cruelty shall be deemed reclassified as a petition filed under
  subparagraph (A) even if the acquisition of citizenship occurs after divorce
  or termination of parental rights.".
                 (3) DEFINITION OF IMMEDIATE RELATIVES.-Section 201(b)(2)(A)(i)
        of the Immigration and Nationality Act (8 U.S.C. 1154(b)(2)(A)(i)) is
        amended by adding at the end the following: "For purposes of this
        clause, an alien who has filed a petition under clause (iii) or (iv) of
        section 204(a)(1)(A) of this Act remains an immediate relative in the
        event that the United States citizen spouse or parent loses United
        States citizenship on account of the abuse.".

       (b) ALLOWING REMARRIAGE OF BATTERED IMMIGRANTS.-Section 204(h) of the
  Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended by adding at
the
  end the following: "Remarriage of an alien whose petition was approved under
  section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or marriage of an alien
  described in clause (iv) or (vi) of section 204(a)(1)(A) or in section
  204(a)(1)(B)(iii) shall not be the basis for revocation of a petition
approval
  under section 205.".
  SEC. 1508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION FOR BATTERED
  IMMIGRANTS.
       Section 431(c)(1)(B)(iii) of the Personal Responsibility and Work
  Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)(iii)) is
  amended to read as follows:
                         "(iii) suspension of deportation under section
        244(a)(3) of the Immigration and Nationality Act (as in effect before
        the title III-A effective date in section 309 of the Illegal
Immigration
        Reform and Immigrant Responsibility Act of 1996).".

  SEC. 1509. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED IMMIGRANT SPOUSES AND
  CHILDREN.
       (a) IN GENERAL.-The last sentence of the first section of Public Law
  89-732 (November 2, 1966; 8 U.S.C. 1255 note) is amended by striking the
  period at the end and inserting the following: ", except that such spouse or
  child who has been battered or subjected to extreme cruelty may adjust to
  permanent resident status under this Act without demonstrating that he or she
  is residing with the Cuban spouse or parent in the United States. In acting
on
  applications under this section with respect to spouses or children who have
  been battered or subjected to extreme cruelty, the Attorney General shall
  apply the provisions of section 204(a)(1)(H).".
  [Page H8873]
       (b) EFFECTIVE DATE.-The amendment made by subsection (a) shall be
  effective as if included in subtitle G of title IV of the Violent Crime
  Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1953
et
  seq.).
  SEC. 1510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF
ACT
  FOR BATTERED SPOUSES AND CHILDREN.
       (a) ADJUSTMENT OF STATUS OF CERTAIN NICARAGUAN AND CUBAN BATTERED
  SPOUSES.-Section 202(d) of the Nicaraguan Adjustment and Central American
  Relief Act (8 U.S.C. 1255 note; Public Law 105-100, as amended) is amended-
                 (1) in paragraph (1), by striking subparagraph (B) and
        inserting the following:
                     "(B) the alien-
                         "(i) is the spouse, child, or unmarried son or
daughter
        of an alien whose status is adjusted to that of an alien lawfully
        admitted for permanent residence under subsection (a), except that in
        the case of such an unmarried son or daughter, the son or daughter
shall
        be required to establish that the son or daughter has been physically
        present in the United States for a continuous period beginning not
later
        than December 1, 1995, and ending not earlier than the date on which
the
        application for adjustment under this subsection is filed; or
                         "(ii) was, at the time at which an alien filed for
        adjustment under subsection (a), the spouse or child of an alien whose
        status is adjusted to that of an alien lawfully admitted for permanent
        residence under subsection (a), and the spouse, child, or child of the
        spouse has been battered or subjected to extreme cruelty by the alien
        that filed for adjustment under subsection (a);"; and
                 (2) by adding at the end the following:
                 "(3) PROCEDURE.-In acting on an application under this section
        with respect to a spouse or child who has been battered or subjected to
        extreme cruelty, the Attorney General shall apply section
204(a)(1)(H).".

       (b) CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTATION TRANSITION
  RULES FOR CERTAIN BATTERED SPOUSES.-Section 309(c)(5)(C) of the Illegal
  Immigration and Reform and Immigrant Responsibility Act of 1996 (division C
of
  Public Law 104-208; 8 U.S.C. 1101 note) (as amended by section 1506(b)(3) of
  this title) is amended-
                 (1) in clause (i)-
                     (A) by striking the period at the end of subclause (VI)
(as
        added by section 1506(b)(3) of this title) and inserting "; or"; and
                     (B) by adding at the end the following:
                             "(VII)(aa) was the spouse or child of an alien
        described in subclause (I), (II), or (V)-
                                 "(AA) at the time at which a decision is
        rendered to suspend the deportation or cancel the removal of the alien;
                                 "(BB) at the time at which the alien filed an
        application for suspension of deportation or cancellation of removal; or
                                 "(CC) at the time at which the alien
registered
        for benefits under the settlement agreement in American Baptist
        Churches, et. al. v. Thornburgh (ABC), applied for temporary protected
        status, or applied for asylum; and
                             "(bb) the spouse, child, or child of the spouse
has
        been battered or subjected to extreme cruelty by the alien described in
        subclause (I), (II), or (V)."; and
                 (2) by adding at the end the following:
                         "(iii) CONSIDERATION OF PETITIONS.-In acting on a
        petition filed under subclause (VII) of clause (i) the provisions set
        forth in section 204(a)(1)(H) shall
apply.
                         "(iv) RESIDENCE WITH
SPOUSE OR PARENT NOT REQUIRED.-For
        purposes of the application of clause
(i)(VII), a spouse or child shall
        not be required to demonstrate that he
or she is residing with the
        spouse or parent in the United States.".

       (c) EFFECTIVE DATE.-The amendments made
by subsections (a) and (b) shall
  be effective as if included in the Nicaraguan
Adjustment and Central American
  Relief Act (8 U.S.C. 1255 note; Public Law 105-
100, as amended).
  SEC. 1511. ACCESS TO THE HAITIAN REFUGEE
FAIRNESS ACT OF 1998 FOR BATTERED
  SPOUSES AND CHILDREN.
       (a) IN GENERAL.-Section 902(d)(1)(B) of
the Haitian Refugee Immigration
  Fairness Act of 1998 (division A of section
101(h) of Public Law 105-277; 112
  Stat. 2681-538) is amended to read as follows:
                     "(B)(i) the alien is the
spouse, child, or unmarried son or
        daughter of an alien whose status is
adjusted to that of an alien
        lawfully admitted for permanent
residence under subsection (a), except
        that, in the case of such an unmarried
son or daughter, the son or
        daughter shall be required to establish
that the son or daughter has
        been physically present in the United
States for a continuous period
        beginning not later than December 1,
1995, and ending not earlier than
        the date on which the application for
such adjustment is filed;
                     "(ii) at the time of filing
of the application for
        adjustment under subsection (a), the
alien is the spouse or child of an
        alien whose status is adjusted to that
of an alien lawfully admitted for
        permanent residence under subsection (a)
and the spouse, child, or child
        of the spouse has been battered or
subjected to extreme cruelty by the
        individual described in subsection (a);
and
                     "(iii) in acting on
applications under this section with
        respect to spouses or children who have
been battered or subjected to
        extreme cruelty, the Attorney General
shall apply the provisions of
        section 204(a)(1)(H).".

       (b) EFFECTIVE DATE.-The amendment made by
subsection (a) shall be
  effective as if included in the Haitian
Refugee Immigration Fairness Act of
  1998 (division A of section 101(h) of Public
Law 105-277; 112 Stat. 2681-538).
  SEC. 1512. ACCESS TO SERVICES AND LEGAL
REPRESENTATION FOR BATTERED
IMMIGRANTS.
       (a) LAW ENFORCEMENT AND PROSECUTION
GRANTS.-Section 2001(b) of part T of
  title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C.
  3796gg(b)) (as amended by section 1209(c) of
this division) is amended by
  adding at the end the following:
                 "(11) providing assistance to
victims of domestic violence and
        sexual assault in immigration matters.".

       (b) GRANTS TO ENCOURAGE ARRESTS.-Section
2101(b)(5) of part U of title I
  of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C.
  3796hh(b)(5)) is amended by inserting before
the period the following: ",
  including strengthening assistance to such
victims in immigration matters".
       (c) RURAL DOMESTIC VIOLENCE AND CHILD
ABUSE ENFORCEMENT GRANTS.-Section
  40295(a)(2) of the Violent Crime Control and
Law Enforcement Act of 1994
  (Public Law 103-322; 108 Stat. 1953; 42 U.S.C.
13971(a)(2)) is amended to read
  as follows:
                 "(2) to provide treatment,
counseling, and assistance to
        victims of domestic violence and child
abuse, including in immigration
        matters; and".

       (d) CAMPUS DOMESTIC VIOLENCE GRANTS.-
Section 826(b)(5) of the Higher
  Education Amendments of 1998 (Public Law 105-
244; 20 U.S.C. 1152) is amended
  by inserting before the period at the end the
following: ", including
  assistance to victims in immigration matters".
  SEC. 1513. PROTECTION FOR CERTAIN CRIME
VICTIMS INCLUDING VICTIMS OF CRIMES
  AGAINST WOMEN.
       (a) FINDINGS AND PURPOSE.-
                 (1) FINDINGS.-Congress makes
the following findings:
                     (A) Immigrant women and
children are often targeted to be
        victims of crimes committed against them
in the United States, including
        rape, torture, kidnaping, trafficking,
incest, domestic violence, sexual
        assault, female genital mutilation,
forced prostitution, involuntary
        servitude, being held hostage or being
criminally restrained.
                     (B) All women and children
who are victims of these crimes
        committed against them in the United
States must be able to report these
        crimes to law enforcement and fully
participate in the investigation of
        the crimes committed against them and
the prosecution of the
        perpetrators of such crimes.
                 (2) PURPOSE.-
                     (A) The purpose of this
section is to create a new
        nonimmigrant visa classification that
will strengthen the ability of law
        enforcement agencies to detect,
investigate, and prosecute cases of
        domestic violence, sexual assault,
trafficking of aliens, and other
        crimes described in section
101(a)(15)(U)(iii) of the Immigration and
        Nationality Act committed against
aliens, while offering protection to
        victims of such offenses in keeping with
the humanitarian interests of
        the United States. This visa will
encourage law enforcement officials to
        better serve immigrant crime victims and
to prosecute crimes committed
        against aliens.
                     (B) Creating a new
nonimmigrant visa classification will
        facilitate the reporting of crimes to
law enforcement officials by
        trafficked, exploited, victimized, and
abused aliens who are not in
        lawful immigration status. It also gives
law enforcement officials a
        means to regularize the status of
cooperating individuals during
        investigations or prosecutions.
Providing temporary legal status to
        aliens who have been severely victimized
by criminal activity also
        comports with the humanitarian interests
of the United States.
                     (C) Finally, this section
gives the Attorney General
        discretion to convert the status of such
nonimmigrants to that of
        permanent residents when doing so is
justified on humanitarian grounds,
        for family unity, or is otherwise in the
public interest.

       (b) ESTABLISHMENT OF
HUMANITARIAN/MATERIAL WITNESS NONIMMIGRANT
  CLASSIFICATION.-Section 101(a)(15) of the
Immigration and Nationality Act (8
  U.S.C. 1101(a)(15)) (as amended by section 107
of this Act) is amended-
                 (1) by striking "or" at the end
of subparagraph (S);
                 (2) by striking the period at
the end of subparagraph (T) and
        inserting "; or"; and
                 (3) by adding at the end the
following new subparagraph:
                     "(U)(i) subject to section
214(o), an alien who files a
        petition for status under this
subparagraph, if the Attorney General
        determines that-
                         "(I) the alien has
suffered substantial physical or
        mental abuse as a result of having been
a victim of criminal activity
        described in clause (iii);
                         "(II) the alien (or in
the case of an alien child under
        the age of 16, the parent, guardian, or
next friend of the alien)
        possesses information concerning
criminal activity described in clause
        (iii);
                         "(III) the alien (or in
the case of an alien child
        under the age of 16, the parent,
guardian, or next friend of the alien)
        has been helpful, is being helpful, or
is likely to be helpful to a
        Federal, State, or local law enforcement
official, to a Federal, State,
        or local prosecutor, to a Federal or
State judge, to the Service, or to
        other Federal, State, or local
authorities investigating or prosecuting
        criminal activity described in clause
(iii); and
                         "(IV) the criminal
activity described in clause (iii)
        violated the laws of the United States
or occurred in the United States
        (including in Indian country and
military installations) or the
        territories and possessions of the
United States;
                     "(ii) if the Attorney
General considers it necessary to
        avoid extreme hardship to the spouse,
the child, or, in the case of an
        alien child, the parent of the alien
described in clause (i), the
        Attorney General may also grant status
under this paragraph based upon
        certification of a government official
listed in clause (i)(III) that an
        investigation or prosecution would be
harmed without the assistance of
        the spouse, the child, or, in the case
of an alien child, the parent of
        the alien; and
        [Page H8874]
                     "(iii) the criminal
activity referred to in this clause is
        that involving one or more of the
following or any similar activity in
        violation of Federal, State, or local
criminal law: rape; torture;
        trafficking; incest; domestic violence;
sexual assault; abusive sexual
        contact; prostitution; sexual
exploitation; female genital mutilation;
        being held hostage; peonage; involuntary
servitude; slave trade;
        kidnapping; abduction; unlawful criminal
restraint; false imprisonment;
        blackmail; extortion; manslaughter;
murder; felonious assault; witness
        tampering; obstruction of justice;
perjury; or attempt, conspiracy, or
        solicitation to commit any of the above
mentioned crimes.".

       (c) CONDITIONS FOR ADMISSION AND DUTIES
OF THE ATTORNEY GENERAL.-Section
  214 of such Act (8 U.S.C. 1184) (as amended by
section 107 of this Act) is
  amended by adding at the end the following new
subsection:
       "(o) REQUIREMENTS APPLICABLE TO SECTION
101(a)(15)(U) VISAS.-
                 "(1) PETITIONING PROCEDURES FOR
SECTION 101(a)(15)(U)
        VISAS.-The petition filed by an alien
under section 101(a)(15)(U)(i)
        shall contain a certification from a
Federal, State, or local law
        enforcement official, prosecutor, judge,
or other Federal, State, or
        local authority investigating criminal
activity described in section
        101(a)(15)(U)(iii). This certification
may also be provided by an
        official of the Service whose ability to
provide such certification is
        not limited to information concerning
immigration violations. This
        certification shall state that the alien
"has been helpful, is being
        helpful, or is likely to be helpful" in
the investigation or prosecution
        of criminal activity described in
section 101(a)(15)(U)(iii).
                 "(2) NUMERICAL LIMITATIONS.-
                     "(A) The number of aliens
who may be issued visas or
        otherwise provided status as
nonimmigrants under section 101(a)(15)(U)
        in any fiscal year shall not exceed
10,000.
                     "(B) The numerical
limitations in subparagraph (A) shall
        only apply to principal aliens described
in section 101(a)(15)(U)(i),
        and not to spouses, children, or, in the
case of alien children, the
        alien parents of such children.
                 "(3) DUTIES OF THE ATTORNEY
GENERAL WITH RESPECT TO `U´ VISA
        NONIMMIGRANTS.-With respect to
nonimmigrant aliens described in
        subsection (a)(15)(U)-
                     "(A) the Attorney General
and other government officials,
        where appropriate, shall provide those
aliens with referrals to
        nongovernmental organizations to advise
the aliens regarding their
        options while in the United States and
the resources available to them;
        and
                     "(B) the Attorney General
shall, during the period those
        aliens are in lawful temporary resident
status under that subsection,
        provide the aliens with employment
authorization.
                 "(4) CREDIBLE EVIDENCE
CONSIDERED.-In acting on any petition
        filed under this subsection, the
consular officer or the Attorney
        General, as appropriate, shall consider
any credible evidence relevant
        to the petition.
                 "(5) NONEXCLUSIVE RELIEF.-
Nothing in this subsection limits the
        ability of aliens who qualify for status
under section 101(a)(15)(U) to
        seek any other immigration benefit or
status for which the alien may be
        eligible.".

       (d) PROHIBITION ON ADVERSE DETERMINATIONS
OF ADMISSIBILITY OR
  DEPORTABILITY.-Section 384(a) of the Illegal
Immigration Reform and Immigrant
  Responsibility Act of 1996 is amended-
                 (1) by striking "or" at the end
of paragraph (1)(C);
                 (2) by striking the comma at
the end of paragraph (1)(D) and
        inserting ", or"; and
                 (3) by inserting after
paragraph (1)(D) the following new
        subparagraph:
                     "(E) in the case of an
alien applying for status under
        section 101(a)(15)(U) of the Immigration
and Nationality Act, the
        perpetrator of the substantial physical
or mental abuse and the criminal
        activity,"; and
                 (4) in paragraph (2), by
inserting "section 101(a)(15)(U),"
        after "section 216(c)(4)(C),".

       (e) WAIVER OF GROUNDS OF INELIGIBILITY
FOR ADMISSION.-Section 212(d) of
  the Immigration and Nationality Act (8 U.S.C.
1182(d)) is amended by adding at
  the end the following new paragraph:
       "(13) The Attorney General shall
determine whether a ground of
  inadmissibility exists with respect to a
nonimmigrant described in section
  101(a)(15)(U). The Attorney General, in the
Attorney General´s discretion, may
  waive the application of subsection (a) (other
than paragraph (3)(E)) in the
  case of a nonimmigrant described in section
101(a)(15)(U), if the Attorney
  General considers it to be in the public or
national interest to do so.".
       (f) ADJUSTMENT TO PERMANENT RESIDENT
STATUS.-Section 245 of such Act (8
  U.S.C. 1255) is amended by adding at the end
the following new subsection:
       "(l)(1) The Attorney General may adjust
the status of an alien admitted
  into the United States (or otherwise provided
nonimmigrant status) under
  section 101(a)(15)(U) to that of an alien
lawfully admitted for permanent
  residence if the alien is not described in
section 212(a)(3)(E), unless the
  Attorney General determines based on
affirmative evidence that the alien
  unreasonably refused to provide assistance in
a criminal investigation or
  prosecution, if-
                 "(A) the alien has been
physically present in the United States
        for a continuous period of at least 3
years since the date of admission
        as a nonimmigrant under clause (i) or
(ii) of section 101(a)(15)(U); and
                 "(B) in the opinion of the
Attorney General, the alien´s
        continued presence in the United States
is justified on humanitarian
        grounds, to ensure family unity, or is
otherwise in the public interest.

       "(2) An alien shall be considered to have
failed to maintain continuous
  physical presence in the United States under
paragraph (1)(A) if the alien has
  departed from the United States for any period
in excess of 90 days or for any
  periods in the aggregate exceeding 180 days
unless the absence is in order to
  assist in the investigation or prosecution or
unless an official involved in
  the investigation or prosecution certifies
that the absence was otherwise
  justified.
       "(3) Upon approval of adjustment of
status under paragraph (1) of an
  alien described in section 101(a)(15)(U)(i)
the Attorney General may adjust
  the status of or issue an immigrant visa to a
spouse, a child, or, in the case
  of an alien child, a parent who did not
receive a nonimmigrant visa under
  section 101(a)(15)(U)(ii) if the Attorney
General considers the grant of such
  status or visa necessary to avoid extreme
hardship.
       "(4) Upon the approval of adjustment of
status under paragraph (1) or
  (3), the Attorney General shall record the
alien´s lawful admission for
  permanent residence as of the date of such
approval.".
  TITLE VI-MISCELLANEOUS
  SEC. 1601. NOTICE REQUIREMENTS FOR SEXUALLY
VIOLENT OFFENDERS.
       (a) SHORT TITLE.-This section may be
cited as the "Campus Sex Crimes
  Prevention Act".
       (b) NOTICE WITH RESPECT TO INSTITUTIONS
OF HIGHER EDUCATION.-
                 (1) IN GENERAL.-Section 170101
of the Violent Crime Control and
        Law Enforcement Act of 1994 (42 U.S.C.
14071) is amended by adding at
        the end the following:

       "(j) NOTICE OF ENROLLMENT AT OR
EMPLOYMENT BY INSTITUTIONS OF HIGHER
  EDUCATION.-
                 "(1) NOTICE BY OFFENDERS.-
                     "(A) IN GENERAL.-In
addition to any other requirements of
        this section, any person who is required
to register in a State shall
        provide notice as required under State
law-
                         "(i) of each
institution of higher education in that
        State at which the person is employed,
carries on a vocation, or is a
        student; and
                         "(ii) of each change in
enrollment or employment status
        of such person at an institution of
higher education in that State.
                     "(B) CHANGE IN STATUS.-A
change in status under
        subparagraph (A)(ii) shall be reported
by the person in the manner
        provided by State law. State procedures
shall ensure that the updated
        information is promptly made available
to a law enforcement agency
        having jurisdiction where such
institution is located and entered into
        the appropriate State records or data
system.
                 "(2) STATE REPORTING.-State
procedures shall ensure that the
        registration information collected under
paragraph (1)-
                     "(A) is promptly made
available to a law enforcement agency
        having jurisdiction where such
institution is located; and
                     "(B) entered into the
appropriate State records or data
        system.
                 "(3) REQUEST.-Nothing in this
subsection shall require an
        educational institution to request such
information from any State.".
                 (2) EFFECTIVE DATE.-The
amendment made by this subsection shall
        take effect 2 years after the date of
enactment of this Act.

       (c) DISCLOSURES BY INSTITUTIONS OF HIGHER
EDUCATION.-
                 (1) IN GENERAL.-Section
485(f)(1) of the Higher Education Act
        of 1965 (20 U.S.C. 1092(f)(1)) is
amended by adding at the end the
        following:
                 "(I) A statement advising the
campus community where law
        enforcement agency information provided
by a State under section
        170101(j) of the Violent Crime Control
and Law Enforcement Act of 1994
        (42 U.S.C. 14071(j)), concerning
registered sex offenders may be
        obtained, such as the law enforcement
office of the institution, a local
        law enforcement agency with jurisdiction
for the campus, or a computer
        network address.".
                 (2) EFFECTIVE DATE.-The
amendment made by this subsection shall
        take effect 2 years after the date of
enactment of this Act.

       (d) AMENDMENT TO FAMILY EDUCATIONAL
RIGHTS AND PRIVACY ACT OF
  1974.-Section 444(b) of the General Education
Provisions Act (20 U.S.C.
  1232g(b)), also known as the Family
Educational Rights and Privacy Act of
  1974, is amended by adding at the end the
following:
                 "(7)(A) Nothing in this section
may be construed to prohibit an
        educational institution from disclosing
information provided to the
        institution under section 170101 of the
Violent Crime Control and Law
        Enforcement Act of 1994 (42 U.S.C.
14071) concerning registered sex
        offenders who are required to register
under such section.
                 "(B) The Secretary shall take
appropriate steps to notify
        educational institutions that disclosure
of information described in
        subparagraph (A) is permitted.".

  SEC. 1602. TEEN SUICIDE PREVENTION STUDY.
       (a) SHORT TITLE.-This section may be
cited as the "Teen Suicide
  Prevention Act of 2000".
       (b) FINDINGS.-Congress finds that-
                 (1) measures that increase
public awareness of suicide as a
        preventable public health problem, and
target parents and youth so that
        suicide risks and warning signs can be
recognized, will help to
        eliminate the ignorance and stigma of
suicide as barriers to youth and
        families seeking preventive care;
                 (2) suicide prevention efforts
in the year 2000 should-
                     (A) target at-risk youth,
particularly youth with mental
        health problems, substance abuse
problems, or contact with the juvenile
        justice system;
                     (B) involve-
                         (i) the identification
of the characteristics of the
        at-risk youth and other youth who are
contemplating suicide, and
        barriers to treatment of the youth; and

  [Page H8875]
                         (ii) the development of
model treatment programs for
        the youth;
                     (C) include a pilot study
of the outcomes of treatment for
        juvenile delinquents with mental health
or substance abuse problems;
                     (D) include a public
education approach to combat the
        negative effects of the stigma of, and
discrimination against
        individuals with, mental health and
substance abuse problems; and
                     (E) include a nationwide
effort to develop, implement, and
        evaluate a mental health awareness
program for schools, communities, and
        families;
                 (3) although numerous symptoms,
diagnoses, traits,
        characteristics, and psychosocial
stressors of suicide have been
        investigated, no single factor or set of
factors has ever come close to
        predicting suicide with accuracy;
                 (4) research of United States
youth, such as a 1994 study by
        Lewinsohn, Rohde, and Seeley, has shown
predictors of suicide, such as a
        history of suicide attempts, current
suicidal ideation and depression, a
        recent attempt or completed suicide by a
friend, and low self-esteem;
and
                 (5) epidemiological data
illustrate-
                     (A) the trend of suicide at
younger ages as well as
        increases in suicidal ideation among
youth in the United States; and
                     (B) distinct differences in
approaches to suicide by
        gender, with-
                         (i) 3 to 5 times as
many females as males attempting
        suicide; and
                         (ii) 3 to 5 times as
many males as females completing
        suicide.

       (c) PURPOSE.-The purpose of this section
is to provide for a study of
  predictors of suicide among at-risk and other
youth, and barriers that prevent
  the youth from receiving treatment, to
facilitate the development of model
  treatment programs and public education and
awareness efforts.
       (d) STUDY.-Not later than 1 year after
the date of enactment of this Act,
  the Secretary of Health and Human Services
shall carry out, directly or by
  grant or contract, a study that is designed to
identify-
                 (1) the characteristics of at-
risk and other youth age 13
        through 21 who are contemplating suicide;
                 (2) the characteristics of at-
risk and other youth who are
        younger than age 13 and are
contemplating suicide; and
                 (3) the barriers that prevent
youth described in paragraphs (1)
        and (2) from receiving treatment.

       (e) AUTHORIZATION OF APPROPRIATIONS.-
There are authorized to be
  appropriated to carry out this section such
sums as may be necessary.
  SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH.
       The calendar decade beginning January 1,
2001, is designated as the
  "Decade of Pain Control and Research".
  …
                    Benjamin Gilman,
                    Bill Goodling,
                    Chris Smith,
                    Henry Hyde,
                    Nancy L. Johnson,
                    Sam Gejdenson,
                    Tom Lantos,
                    Ben Cardin,

  Managers of the Part of the House.
  From the Committee on the Judiciary:
                    Orrin Hatch,
                    Strom Thurmond,

  From the Committee on Foreign Relations:
                    Jesse Helms,
                    Sam Brownback,
                    Joe Biden,
                    Paul Wellstone,

  Managers of the Part of the Senate.

    Source: Government Printing Office
    From CQ Congressional Record Service
    Providing government documents on demand, in
context.
    ©2000 Congressional Quarterly Inc. All
Rights Reserved.

--------------------------------------------
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