Violence Against WOmen Act

H. R. 3244

One Hundred Sixth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand

An Act
To combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against
women, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

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

(a) DIVISIONS.—This Act is organized into three divisions, as
follows:
(1) DIVISION A.—Trafficking Victims Protection Act of 2000.
(2) DIVISION B.—Violence Against Women Act of 2000.
(3) DIVISION C.—Miscellaneous Provisions.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 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.

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Sec. 1107. Amendments to domestic violence and stalking offenses.
Sec. 1108. School and campus security.
Sec. 1109. Dating violence.
TITLE II—STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE
Sec. 1201. Legal assistance for victims.
Sec. 1202. Shelter services for battered women and children.
Sec. 1203. Transitional housing assistance for victims of domestic violence.
Sec. 1204. National domestic violence hotline.
Sec. 1205. Federal victims counselors.
Sec. 1206. Study of State laws regarding insurance discrimination against victims of
violence against women.
Sec. 1207. Study of workplace effects from violence against women.
Sec. 1208. Study of unemployment compensation for victims of violence against
women.
Sec. 1209. Enhancing protections for older and disabled women from domestic
violence and sexual assault.
TITLE III—LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
Sec. 1301. Safe havens for children pilot program.
Sec. 1302. Reauthorization of victims of child abuse programs.
Sec. 1303. Report on effects of parental kidnapping laws in domestic violence cases.
TITLE IV—STRENGTHENING EDUCATION AND TRAINING TO COMBAT
VIOLENCE AGAINST WOMEN
Sec. 1401. Rape prevention and education.
Sec. 1402. Education and training to end violence against and abuse of women with
disabilities.
Sec. 1403. Community initiatives.
Sec. 1404. Development of research agenda identified by the Violence Against
Women Act of 1994.
Sec. 1405. Standards, practice, and training for sexual assault forensic examinations.
Sec. 1406. Education and training for judges and court personnel.
Sec. 1407. Domestic Violence Task Force.
TITLE V—BATTERED IMMIGRANT WOMEN
Sec. 1501. Short title.
Sec. 1502. Findings and purposes.
Sec. 1503. Improved access to immigration protections of the Violence Against
Women Act of 1994 for battered immigrant women.
Sec. 1504. Improved access to cancellation of removal and suspension of deportation
under the Violence Against Women Act of 1994.
Sec. 1505. Offering equal access to immigration protections of the Violence Against
Women Act of 1994 for all qualified battered immigrant self-petitioners.
Sec. 1506. Restoring immigration protections under the Violence Against Women Act
of 1994.
Sec. 1507. Remedying problems with implementation of the immigration provisions of
the Violence Against Women Act of 1994.
Sec. 1508. Technical correction to qualified alien definition for battered immigrants.
Sec. 1509. Access to Cuban Adjustment Act for battered immigrant spouses and
children.
Sec. 1510. Access to the Nicaraguan Adjustment and Central American Relief Act for
battered spouses and children.
Sec. 1511. Access to the Haitian Refugee Fairness Act of 1998 for battered spouses
and children.
Sec. 1512. Access to services and legal representation for battered immigrants.
Sec. 1513. Protection for certain crime victims including victims of crimes against
women.
TITLE VI—MISCELLANEOUS
Sec. 1601. Notice requirements for sexually violent offenders.
Sec. 1602. Teen suicide prevention study.
Sec. 1603. Decade of pain control and research.
DIVISION C—MISCELLANEOUS PROVISIONS
Sec. 2001. Aimee’s law.
Sec. 2002. Payment of anti-terrorism judgments.
Sec. 2003. Aid to victims of terrorism.
Sec. 2004. Twenty-first amendment enforcement.

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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

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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.

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(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.

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(24) Trafficking in persons is a transnational crime with
national implications. To deter international trafficking and
bring its perpetrators to justice, nations including the United
States must recognize that trafficking is a serious offense.
This is done by prescribing appropriate punishment, giving
priority to the prosecution of trafficking offenses, and protecting
rather than punishing the victims of such offenses. The United
States must work bilaterally and multilaterally to abolish the
trafficking industry by taking steps to promote cooperation
among countries linked together by international trafficking
routes. The United States must also urge the international
community to take strong action in multilateral fora to engage
recalcitrant countries in serious and sustained efforts to eliminate trafficking and protect trafficking victims.
SEC. 103. DEFINITIONS.

In this division:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Foreign Relations and the Committee on the Judiciary of
the Senate and the Committee on International Relations and
the Committee on the Judiciary of the House of Representatives.
(2) COERCION.—The term ‘‘coercion’’ means—
(A) threats of serious harm to or physical restraint
against any person;
(B) any scheme, plan, or pattern intended to cause
a person to believe that failure to perform an act would
result in serious harm to or physical restraint against
any person; or
(C) the abuse or threatened abuse of the legal process.
(3) COMMERCIAL SEX ACT.—The term ‘‘commercial sex act’’
means any sex act on account of which anything of value
is given to or received by any person.
(4) DEBT BONDAGE.—The term ‘‘debt bondage’’ means the
status or condition of a debtor arising from a pledge by the
debtor of his or her personal services or of those of a person
under his or her control as a security for debt, if the value
of those services as reasonably assessed is not applied toward
the liquidation of the debt or the length and nature of those
services are not respectively limited and defined.
(5) INVOLUNTARY SERVITUDE.—The term ‘‘involuntary servitude’’ includes a condition of servitude induced by means
of—
(A) any scheme, plan, or pattern intended to cause
a person to believe that, if the person did not enter into
or continue in such condition, that person or another person
would suffer serious harm or physical restraint; or
(B) the abuse or threatened abuse of the legal process.
(6) MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.—The term ‘‘minimum standards for the elimination
of trafficking’’ means the standards set forth in section 108.
(7) NONHUMANITARIAN, NONTRADE-RELATED FOREIGN
ASSISTANCE.—The term ‘‘nonhumanitarian, nontrade-related
foreign assistance’’ means—
(A) any assistance under the Foreign Assistance Act
of 1961, other than—

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(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,

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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

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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

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all appropriate measures to modify or replace such laws
and treaties so as to permit such cooperation.
‘‘(vii) Whether the government of that country is
assisting in international investigations of transnational
trafficking networks and in other cooperative efforts to
combat severe forms of trafficking in persons.
‘‘(viii) Whether the government of that country refrains
from prosecuting victims of severe forms of trafficking in
persons due to such victims having been trafficked, and
refrains from other discriminatory treatment of such victims.
‘‘(ix) Whether the government of that country recognizes the rights of victims of severe forms of trafficking
in persons and ensures their access to justice.
‘‘(C) Such other information relating to trafficking in persons as the Secretary of State considers appropriate.
‘‘(2) In compiling data and making assessments for the purposes
of paragraph (1), United States diplomatic mission personnel shall
consult with human rights organizations and other appropriate
nongovernmental organizations.’’.
SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

(a) ESTABLISHMENT.—The President shall establish an Interagency Task Force to Monitor and Combat Trafficking.
(b) APPOINTMENT.—The President shall appoint the members
of the Task Force, which shall include the Secretary of State,
the Administrator of the United States Agency for International
Development, the Attorney General, the Secretary of Labor, the
Secretary of Health and Human Services, the Director of Central
Intelligence, and such other officials as may be designated by the
President.
(c) CHAIRMAN.—The Task Force shall be chaired by the Secretary of State.
(d) ACTIVITIES OF THE TASK FORCE.—The Task Force shall
carry out the following activities:
(1) Coordinate the implementation of this division.
(2) Measure and evaluate progress of the United States
and other countries in the areas of trafficking prevention,
protection, and assistance to victims of trafficking, and prosecution and enforcement against traffickers, including the role
of public corruption in facilitating trafficking. The Task Force
shall have primary responsibility for assisting the Secretary
of State in the preparation of the reports described in section
110.
(3) Expand interagency procedures to collect and organize
data, including significant research and resource information
on domestic and international trafficking. Any data collection
procedures established under this subsection shall respect the
confidentiality of victims of trafficking.
(4) Engage in efforts to facilitate cooperation among countries of origin, transit, and destination. Such efforts shall aim
to strengthen local and regional capacities to prevent trafficking, prosecute traffickers and assist trafficking victims, and
shall include initiatives to enhance cooperative efforts between
destination countries and countries of origin and assist in the
appropriate reintegration of stateless victims of trafficking.

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(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,

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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

H. R. 3244—13
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.

H. R. 3244—14
(c) TRAFFICKING VICTIM REGULATIONS.—Not later than 180 days
after the date of the enactment of this Act, the Attorney General
and the Secretary of State shall promulgate regulations for law
enforcement personnel, immigration officials, and Department of
State officials to implement the following:
(1) PROTECTIONS WHILE IN CUSTODY.—Victims of severe
forms of trafficking, while in the custody of the Federal Government and to the extent practicable, shall—
(A) not be detained in facilities inappropriate to their
status as crime victims;
(B) receive necessary medical care and other assistance; and
(C) be provided protection if a victim’s safety is at
risk or if there is danger of additional harm by recapture
of the victim by a trafficker, including—
(i) taking measures to protect trafficked persons
and their family members from intimidation and
threats of reprisals and reprisals from traffickers and
their associates; and
(ii) ensuring that the names and identifying
information of trafficked persons and their family members are not disclosed to the public.
(2) ACCESS TO INFORMATION.—Victims of severe forms of
trafficking shall have access to information about their rights
and translation services.
(3) AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE
UNITED STATES.—Federal law enforcement officials may permit
an alien individual’s continued presence in the United States,
if after an assessment, it is determined that such individual
is a victim of a severe form of trafficking and a potential
witness to such trafficking, in order to effectuate prosecution
of those responsible, and such officials in investigating and
prosecuting traffickers shall protect the safety of trafficking
victims, including taking measures to protect trafficked persons
and their family members from intimidation, threats of
reprisals, and reprisals from traffickers and their associates.
(4) TRAINING OF GOVERNMENT PERSONNEL.—Appropriate
personnel of the Department of State and the Department
of Justice shall be trained in identifying victims of severe
forms of trafficking and providing for the protection of such
victims.
(d) CONSTRUCTION.—Nothing in subsection (c) shall be construed as creating any private cause of action against the United
States or its officers or employees.
(e) PROTECTION FROM REMOVAL FOR CERTAIN CRIME VICTIMS.—
(1) IN GENERAL.—Section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)) is amended—
(A) by striking ‘‘or’’ at the end of subparagraph (R);
(B) by striking the period at the end of subparagraph
(S) and inserting ‘‘; or’’; and
(C) by adding at the end the following new subparagraph:
‘‘(T)(i) subject to section 214(n), an alien who the
Attorney General determines—
‘‘(I) is or has been a victim of a severe form of
trafficking in persons, as defined in section 103 of
the Trafficking Victims Protection Act of 2000,

H. R. 3244—15
‘‘(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).’’.

H. R. 3244—16
(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

H. R. 3244—17
incident to, the victimization described in section
101(a)(15)(T)(i)(I).
‘‘(2) An alien shall be considered to have failed to maintain
continuous physical presence in the United States under paragraph
(1)(A) if the alien has departed from the United States for any
period in excess of 90 days or for any periods in the aggregate
exceeding 180 days.
‘‘(3)(A) The total number of aliens whose status may be adjusted
under paragraph (1) during any fiscal year may not exceed 5,000.
‘‘(B) The numerical limitation of subparagraph (A) shall only
apply to principal aliens and not to the spouses, sons, daughters,
or parents of such aliens.
‘‘(4) Upon the approval of adjustment of status under paragraph
(1), the Attorney General shall record the alien’s lawful admission
for permanent residence as of the date of such approval.’’.
(g) ANNUAL REPORTS.—On or before October 31 of each year,
the Attorney General shall submit a report to the appropriate
congressional committees setting forth, with respect to the preceding
fiscal year, the number, if any, of otherwise eligible applicants
who did not receive visas under section 101(a)(15)(T) of the
Immigration and Nationality Act, as added by subsection (e), or
who were unable to adjust their status under section 245(l) of
such Act, solely on account of the unavailability of visas due to
a limitation imposed by section 214(n)(1) or 245(l)(4)(A) of such
Act.
SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

(a) MINIMUM STANDARDS.—For purposes of this division, the
minimum standards for the elimination of trafficking applicable
to the government of a country of origin, transit, or destination
for a significant number of victims of severe forms of trafficking
are the following:
(1) The government of the country should prohibit severe
forms of trafficking in persons and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking
involving force, fraud, coercion, or in which the victim of sex
trafficking is a child incapable of giving meaningful consent,
or of trafficking which includes rape or kidnapping or which
causes a death, the government of the country should prescribe
punishment commensurate with that for grave crimes, such
as forcible sexual assault.
(3) For the knowing commission of any act of a severe
form of trafficking in persons, the government of the country
should prescribe punishment that is sufficiently stringent to
deter and that adequately reflects the heinous nature of the
offense.
(4) The government of the country should make serious
and sustained efforts to eliminate severe forms of trafficking
in persons.
(b) CRITERIA.—In determinations under subsection (a)(4), the
following factors should be considered as indicia of serious and
sustained efforts to eliminate severe forms of trafficking in persons:
(1) Whether the government of the country vigorously
investigates and prosecutes acts of severe forms of trafficking

H. R. 3244—18
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;

H. R. 3244—19
‘‘(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;

H. R. 3244—20
(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, NONTRADERELATED 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

H. R. 3244—21
provided in paragraph (1). Such determination shall be accompanied by a description of the specific restriction or restrictions
that were the basis for making such determination.
(3) SUBSEQUENT COMPLIANCE.—The Secretary of State has
determined that the government of the country has come into
compliance with the minimum standards or is making significant efforts to bring itself into compliance.
(4) CONTINUATION OF ASSISTANCE IN THE NATIONAL
INTEREST.—Notwithstanding the failure of the government of
the country to comply with minimum standards for the elimination of trafficking and to make significant efforts to bring
itself into compliance, the President has determined that the
provision to the country of nonhumanitarian, nontrade-related
foreign assistance, or the multilateral assistance described in
paragraph (1)(B), or both, would promote the purposes of this
division or is otherwise in the national interest of the United
States.
(5) EXERCISE OF WAIVER AUTHORITY.—
(A) IN GENERAL.—The President may exercise the
authority under paragraph (4) with respect to—
(i) all nonhumanitarian, nontrade-related foreign
assistance to a country;
(ii) all multilateral assistance described in paragraph (1)(B) to a country; or
(iii) one or more programs, projects, or activities
of such assistance.
(B) AVOIDANCE OF SIGNIFICANT ADVERSE EFFECTS.—
The President shall exercise the authority under paragraph
(4) when necessary to avoid significant adverse effects on
vulnerable populations, including women and children.
(6) DEFINITION OF MULTILATERAL DEVELOPMENT BANK.—
In this subsection, the term ‘‘multilateral development bank’’
refers to any of the following institutions: the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the Inter-American Investment Corporation, the
African Development Bank, the African Development Fund,
the European Bank for Reconstruction and Development, and
the Multilateral Investment Guaranty Agency.
(e) CERTIFICATION.—Together with any notification under subsection (c), the President shall provide a certification by the Secretary of State that, with respect to any assistance described in
clause (ii), (iii), or (v) of section 103(7)(A), or with respect to any
assistance described in section 103(7)(B), no assistance is intended
to be received or used by any agency or official who has participated
in, facilitated, or condoned a severe form of trafficking in persons.
SEC. 111. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.

(a) AUTHORITY TO SANCTION SIGNIFICANT TRAFFICKERS

IN

PER-

SONS.—

(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:

H. R. 3244—22
(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

H. R. 3244—23
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;

H. R. 3244—24
‘‘(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—

H. R. 3244—25
‘‘(A) threats of serious harm to or physical restraint
against any person;
‘‘(B) any scheme, plan, or pattern intended to cause
a person to believe that failure to perform an act would
result in serious harm to or physical restraint against
any person; or
‘‘(C) the abuse or threatened abuse of law or the legal
process.
‘‘(3) The term ‘venture’ means any group of two or more
individuals associated in fact, whether or not a legal entity.
‘‘§ 1592. Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor
‘‘(a) Whoever knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other
immigration document, or any other actual or purported government
identification document, of another person—
‘‘(1) in the course of a violation of section 1581, 1583,
1584, 1589, 1590, 1591, or 1594(a);
‘‘(2) with intent to violate section 1581, 1583, 1584, 1589,
1590, or 1591; or
‘‘(3) to prevent or restrict or to attempt to prevent or
restrict, without lawful authority, the person’s liberty to move
or travel, in order to maintain the labor or services of that
person, when the person is or has been a victim of a severe
form of trafficking in persons, as defined in section 103 of
the Trafficking Victims Protection Act of 2000,
shall be fined under this title or imprisoned for not more than
5 years, or both.
‘‘(b) Subsection (a) does not apply to the conduct of a person
who is or has been a victim of a severe form of trafficking in
persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, if that conduct is caused by, or incident to,
that trafficking.
‘‘§ 1593. Mandatory restitution
‘‘(a) Notwithstanding section 3663 or 3663A, and in addition
to any other civil or criminal penalties authorized by law, the
court shall order restitution for any offense under this chapter.
‘‘(b)(1) The order of restitution under this section shall direct
the defendant to pay the victim (through the appropriate court
mechanism) the full amount of the victim’s losses, as determined
by the court under paragraph (3) of this subsection.
‘‘(2) An order of restitution under this section shall be issued
and enforced in accordance with section 3664 in the same manner
as an order under section 3663A.
‘‘(3) As used in this subsection, the term ‘full amount of the
victim’s losses’ has the same meaning as provided in section
2259(b)(3) and shall in addition include the greater of the gross
income or value to the defendant of the victim’s services or labor
or the value of the victim’s labor as guaranteed under the minimum
wage and overtime guarantees of the Fair Labor Standards Act
(29 U.S.C. 201 et seq.).
‘‘(c) As used in this section, the term ‘victim’ means the individual harmed as a result of a crime under this chapter, including,
in the case of a victim who is under 18 years of age, incompetent,

H. R. 3244—26
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.

H. R. 3244—27
(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.

H. R. 3244—28
(d) AUTHORIZATION OF APPROPRIATIONS TO
ERAL.—To carry out the purposes of section 107(b),

ATTORNEY GENthere 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.

H. R. 3244—29

TITLE I—STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE
AGAINST WOMEN
SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION
ORDERS.

(a) IN GENERAL.—Part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.)
is amended—
(1) in the heading, by adding ‘‘AND ENFORCEMENT
OF PROTECTION ORDERS’’ at the end;
(2) in section 2101(b)—
(A) in paragraph (6), by inserting ‘‘(including juvenile
courts)’’ after ‘‘courts’’; and
(B) by adding at the end the following:
‘‘(7) To provide technical assistance and computer and other
equipment to police departments, prosecutors, courts, and tribal
jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement
between States and tribal jurisdictions, and enforcement
between tribal jurisdictions.’’; and
(3) in section 2102—
(A) in subsection (b)—
(i) in paragraph (1), by striking ‘‘and’’ at the end;
(ii) in paragraph (2), by striking the period at
the end and inserting ‘‘, including the enforcement
of protection orders from other States and jurisdictions
(including tribal jurisdictions);’’; and
(iii) by adding at the end the following:
‘‘(3) have established cooperative agreements or can demonstrate effective ongoing collaborative arrangements with
neighboring jurisdictions to facilitate the enforcement of protection orders from other States and jurisdictions (including tribal
jurisdictions); and
‘‘(4) in applications describing plans to further the purposes
stated in paragraph (4) or (7) of section 2101(b), will give
priority to using the grant to develop and install data collection
and communication systems, including computerized systems,
and training on how to use these systems effectively to link
police, prosecutors, courts, and tribal jurisdictions for the purpose of identifying and tracking protection orders and violations
of protection orders, in those jurisdictions where such systems
do not exist or are not fully effective.’’; and
(B) by adding at the end the following:
‘‘(c) DISSEMINATION OF INFORMATION.—The Attorney General
shall annually compile and broadly disseminate (including through
electronic publication) information about successful data collection
and communication systems that meet the purposes described in
this section. Such dissemination shall target States, State and
local courts, Indian tribal governments, and units of local government.’’.
(b) PROTECTION ORDERS.—
(1) FILING COSTS.—Section 2006 of part T of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg–5) is amended—

H. R. 3244—30
(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 the enactment
of the Violence Against Women Act of 2000’’; and
(C) by adding at the end the following:
‘‘(c) DEFINITION.—In this section, the term ‘protection order’
has the meaning given the term in section 2266 of title 18, United
States Code.’’.
(2) ELIGIBILITY FOR GRANTS TO ENCOURAGE ARREST POLICIES.—Section 2101 of part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is
amended—
(A) in subsection (c), by striking paragraph (4) and
inserting the following:
‘‘(4) certify that their laws, policies, and practices do not
require, in connection with the prosecution of any misdemeanor
or felony domestic violence offense, or in connection with the
filing, issuance, registration, or service of a protection order,
or a petition for a protection order, to protect a victim of
domestic violence, stalking, or sexual assault, that the victim
bear the costs associated with the filing of criminal charges
against the offender, or the costs associated with the filing,
issuance, registration, or service of a warrant, protection order,
petition for a protection order, or witness subpoena, whether
issued inside or outside the State, tribal, or local jurisdiction.’’;
and
(B) by adding at the end the following:
‘‘(d) DEFINITION.—In this section, the term ‘protection order’
has the meaning given the term in section 2266 of title 18, United
States Code.’’.
(3) APPLICATION FOR GRANTS TO ENCOURAGE ARREST POLICIES.—Section 2102(a)(1)(B) of part U of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–
1(a)(1)(B)) is amended by inserting before the semicolon the
following: ‘‘or, in the case of the condition set forth in subsection
2101(c)(4), the expiration of the 2-year period beginning on
the date the of the enactment of the Violence Against Women
Act of 2000’’.
(4) REGISTRATION FOR PROTECTION ORDERS.—Section 2265
of title 18, United States Code, is amended by adding at the
end the following:

H. R. 3244—31
‘‘(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

H. R. 3244—32
(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.—

H. R. 3244—33
‘‘(1) PURPOSE.—The Attorney General shall award grants
to each State domestic violence coalition and sexual assault
coalition for the purposes of coordinating State victim services
activities, and collaborating and coordinating with Federal,
State, and local entities engaged in violence against women
activities.
‘‘(2) GRANTS TO STATE COALITIONS.—The Attorney General
shall award grants to—
‘‘(A) each State domestic violence coalition, as determined by the Secretary of Health and Human Services
through the Family Violence Prevention and Services Act
(42 U.S.C. 10410 et seq.); and
‘‘(B) each State sexual assault coalition, as determined
by the Center for Injury Prevention and Control of the
Centers for Disease Control and Prevention under the
Public Health Service Act (42 U.S.C. 280b et seq.).
‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Receipt of an award
under this subsection by each State domestic violence and
sexual assault coalition shall not preclude the coalition from
receiving additional grants under this part to carry out the
purposes described in subsection (b).’’;
(2) in section 2002(b)—
(A) by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively;
(B) in paragraph (1), by striking ‘‘4 percent’’ and
inserting ‘‘5 percent’’;
(C) in paragraph (5), as redesignated, by striking
‘‘$500,000’’ and inserting ‘‘$600,000’’; and
(D) by inserting after paragraph (1) the following:
‘‘(2) 2.5 percent shall be available for grants for State
domestic violence coalitions under section 2001(c), with the
coalition for each State, the coalition for the District of
Columbia, the coalition for the Commonwealth of Puerto Rico,
and the coalition for the combined Territories of the United
States, each receiving an amount equal to 1⁄54 of the total
amount made available under this paragraph for each fiscal
year;
‘‘(3) 2.5 percent shall be available for grants for State
sexual assault coalitions under section 2001(c), with the coalition for each State, the coalition for the District of Columbia,
the coalition for the Commonwealth of Puerto Rico, and the
coalition for the combined Territories of the United States,
each receiving an amount equal to 1⁄54 of the total amount
made available under this paragraph for each fiscal year;
‘‘(4) 1⁄54 shall be available for the development and operation of nonprofit tribal domestic violence and sexual assault
coalitions in Indian country;’’;
(3) in section 2003, by striking paragraph (7) and inserting
the following:
‘‘(7) the term ‘underserved populations’ includes populations underserved because of geographic location (such as
rural isolation), underserved racial and ethnic populations,
populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any
other population determined to be underserved by the State
planning process in consultation with the Attorney General;’’;
and

H. R. 3244—34
(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).’’.

H. R. 3244—35
(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

H. R. 3244—36
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

H. R. 3244—37
in common with the target of the stalking, and a person
who cohabits or has cohabited as a spouse with the
target of the stalking; and
‘‘(B) any other person similarly situated to a spouse
who is protected by the domestic or family violence laws
of the State or tribal jurisdiction in which the injury
occurred or where the victim resides.
‘‘(8) STATE.—The term ‘State’ includes a State of the United
States, the District of Columbia, and a commonwealth, territory, or possession of the United States.
‘‘(9) TRAVEL IN INTERSTATE OR FOREIGN COMMERCE.—The
term ‘travel in interstate or foreign commerce’ does not include
travel from 1 State to another by an individual who is a
member of an Indian tribe and who remains at all times in
the territory of the Indian tribe of which the individual is
a member.’’.
SEC. 1108. SCHOOL AND CAMPUS SECURITY.

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

H. R. 3244—38
(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.

H. R. 3244—39
‘‘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

H. R. 3244—40
(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’’.

H. R. 3244—41

TITLE II—STRENGTHENING SERVICES
TO VICTIMS OF VIOLENCE
SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS.

(a) IN GENERAL.—The purpose of this section is to enable the
Attorney General to award grants to increase the availability of
legal assistance necessary to provide effective aid to victims of
domestic violence, stalking, or sexual assault who are seeking relief
in legal matters arising as a consequence of that abuse or violence,
at minimal or no cost to the victims.
(b) DEFINITIONS.—In this section:
(1) DOMESTIC VIOLENCE.—The term ‘‘domestic violence’’ has
the meaning given the term in section 2003 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg–2).
(2) LEGAL ASSISTANCE FOR VICTIMS.—The term ‘‘legal assistance’’ includes assistance to victims of domestic violence,
stalking, and sexual assault in family, immigration, administrative agency, or housing matters, protection or stay away order
proceedings, and other similar matters. No funds made available under this section may be used to provide financial assistance in support of any litigation described in paragraph (14)
of section 504 of Public Law 104–134.
(3) SEXUAL ASSAULT.—The term ‘‘sexual assault’’ has the
meaning given the term in section 2003 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–
2).
(c) LEGAL ASSISTANCE FOR VICTIMS GRANTS.—The Attorney
General may award grants under this subsection to private nonprofit entities, Indian tribal governments, and publicly funded
organizations not acting in a governmental capacity such as law
schools, and which shall be used—
(1) to implement, expand, and establish cooperative efforts
and projects between domestic violence and sexual assault
victim services organizations and legal assistance providers
to provide legal assistance for victims of domestic violence,
stalking, and sexual assault;
(2) to implement, expand, and establish efforts and projects
to provide legal assistance for victims of domestic violence,
stalking, and sexual assault by organizations with a demonstrated history of providing direct legal or advocacy services
on behalf of these victims; and
(3) to provide training, technical assistance, and data collection to improve the capacity of grantees and other entities
to offer legal assistance to victims of domestic violence, stalking,
and sexual assault.
(d) ELIGIBILITY.—To be eligible for a grant under subsection
(c), applicants shall certify in writing that—
(1) any person providing legal assistance through a program
funded under subsection (c) has completed or will complete
training in connection with domestic violence or sexual assault
and related legal issues;
(2) any training program conducted in satisfaction of the
requirement of paragraph (1) has been or will be developed
with input from and in collaboration with a State, local, or

H. R. 3244—42
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

H. R. 3244—43
‘‘(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.

H. R. 3244—44
‘‘(B) CONTENTS.—Each report shall include information
on—
‘‘(i) the purpose and amount of housing assistance
provided to each individual or dependent assisted
under this section;
‘‘(ii) the number of months each individual or
dependent received the assistance;
‘‘(iii) the number of individuals and dependents
who were eligible to receive the assistance, and to
whom the entity could not provide the assistance solely
due to a lack of available housing; and
‘‘(iv) the type of support services provided to each
individual or dependent assisted under this section.
‘‘(2) REPORT TO CONGRESS.—The Secretary shall annually
prepare and submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary
of the Senate a report that contains a compilation of the
information contained in reports submitted under paragraph
(1).
‘‘(e) EVALUATION, MONITORING, AND ADMINISTRATION.—Of the
amount appropriated under subsection (f ) for each fiscal year, not
more than 1 percent shall be used by the Secretary for evaluation,
monitoring, and administrative costs under this section.
‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $25,000,000 for fiscal
year 2001.’’.
SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

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

Section 40114 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1910) is amended
by striking ‘‘(such as District of Columbia)—’’ and all that follows
and inserting ‘‘(such as District of Columbia), $1,000,000 for each
of fiscal years 2001 through 2005.’’.
SEC. 1206. STUDY OF STATE LAWS REGARDING INSURANCE DISCRIMINATION AGAINST VICTIMS OF VIOLENCE AGAINST
WOMEN.

(a) IN GENERAL.—The Attorney General shall conduct a
national study to identify State laws that address discrimination
against victims of domestic violence and sexual assault related
to issuance or administration of insurance policies.
(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Attorney General shall submit to Congress
a report on the findings and recommendations of the study required
by subsection (a).
SEC. 1207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST
WOMEN.

The Attorney General shall—

H. R. 3244—45
(1) conduct a national survey of plans, programs, and practices developed to assist employers and employees on appropriate responses in the workplace related to victims of domestic
violence, stalking, or sexual assault; and
(2) not later than 18 months after the date of the enactment
of this Act, submit to Congress a report describing the results
of that survey, which report shall include the recommendations
of the Attorney General to assist employers and employees
affected in the workplace by incidents of domestic violence,
stalking, and sexual assault.
SEC. 1208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS
OF VIOLENCE AGAINST WOMEN.

The Secretary of Labor, in consultation with the Attorney General, shall—
(1) conduct a national study to identify State laws that
address the separation from employment of an employee due
to circumstances directly resulting from the experience of
domestic violence by the employee and circumstances governing
that receipt (or nonreceipt) by the employee of unemployment
compensation based on such separation; and
(2) not later than 1 year after the date of the enactment
of this Act, submit to Congress a report describing the results
of that study, together with any recommendations based on
that study.
SEC. 1209. ENHANCING PROTECTIONS FOR OLDER AND DISABLED
WOMEN FROM DOMESTIC VIOLENCE AND SEXUAL
ASSAULT.

(a) ELDER ABUSE, NEGLECT, AND EXPLOITATION.—The Violence
Against Women Act of 1994 (108 Stat. 1902 et seq.) is amended
by adding at the end the following:

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

‘‘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).

H. R. 3244—46
‘‘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;

H. R. 3244—47
(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
the enactment of this Act, and not later than 180 days after
the last day of each fiscal year thereafter, the Attorney General
shall submit to Congress a report that includes information
concerning—
(A) the number of—
(i) individuals served and the number of 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;

H. R. 3244—48
(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.

H. R. 3244—49
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;

H. R. 3244—50
‘‘(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)).

H. R. 3244—51
(b) PRIORITIES.—In awarding grants under this section, the
Attorney General shall give priority to applications designed to
provide education and technical assistance on—
(1) the nature, definition, and characteristics of domestic
violence, stalking, and sexual assault experienced by women
who are individuals with disabilities;
(2) outreach activities to ensure that women who are
individuals with disabilities who are victims of domestic
violence, stalking, and sexual assault receive appropriate assistance;
(3) the requirements of shelters and victim services
organizations under Federal anti-discrimination laws, including
the Americans with Disabilities Act of 1990 and section 504
of the Rehabilitation Act of 1973; and
(4) cost-effective ways that shelters and victim services
may accommodate the needs of individuals with disabilities
in accordance with the Americans with Disabilities Act of 1990.
(c) USES OF GRANTS.—Each recipient of a grant under this
section shall provide information and training to organizations and
programs that provide services to individuals with disabilities,
including independent living centers, disability-related service
organizations, and domestic violence programs providing shelter
or related assistance.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $7,500,000 for each
of fiscal years 2001 through 2005.
SEC. 1403. COMMUNITY INITIATIVES.

Section 318 of the Family Violence Prevention and Services
Act (42 U.S.C. 10418) is amended by striking subsection (h) and
inserting the following:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $6,000,000 for each
of fiscal years 2001 through 2005.’’.
SEC. 1404. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE
VIOLENCE AGAINST WOMEN ACT OF 1994.

(a) IN GENERAL.—The Attorney General shall—
(1) direct the National Institute of Justice, in consultation
and coordination with the Bureau of Justice Statistics and
the National Academy of Sciences, through its National
Research Council, to develop a research agenda based on the
recommendations contained in the report entitled ‘‘Understanding Violence Against Women’’ of the National Academy
of Sciences; and
(2) not later than 1 year after the date of the enactment
of this Act, in consultation with the Secretary of the Department of Health and Human Services, submit to Congress a
report which shall include—
(A) a description of the research agenda developed
under paragraph (1) and a plan to implement that agenda;
and
(B) recommendations for priorities in carrying out that
agenda to most effectively advance knowledge about and
means by which to prevent or reduce violence against
women.

H. R. 3244—52
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 1405. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL
ASSAULT FORENSIC EXAMINATIONS.

(a) IN GENERAL.—The Attorney General shall—
(1) evaluate existing standards of training and practice
for licensed health care professionals performing sexual assault
forensic examinations and develop a national recommended
standard for training;
(2) recommend sexual assault forensic examination training
for all health care students to improve the recognition of
injuries suggestive of rape and sexual assault and baseline
knowledge of appropriate referrals in victim treatment and
evidence collection; and
(3) review existing national, State, tribal, and local protocols on sexual assault forensic examinations, and based on
this review, develop a recommended national protocol and
establish a mechanism for its nationwide dissemination.
(b) CONSULTATION.—The Attorney General shall consult with
national, State, tribal, and local experts in the area of rape and
sexual assault, including rape crisis centers, State and tribal sexual
assault and domestic violence coalitions and programs, and programs for criminal justice, forensic nursing, forensic science, emergency room medicine, law, social services, and sex crimes in underserved communities (as defined in section 2003(7) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg–2(7)), as amended by this division).
(c) REPORT.—The Attorney General shall ensure that not later
than 1 year after the date of the enactment of this Act, a report
of the actions taken pursuant to subsection (a) is submitted to
Congress.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $200,000 for fiscal
year 2001.
SEC. 1406. EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL.

(a) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND
COURT PERSONNEL IN STATE COURTS.—
(1) SECTION 40412.—Section 40412 of the Equal Justice
for Women in the Courts Act of 1994 (42 U.S.C. 13992) is
amended—
(A) by striking ‘‘and’’ at the end of paragraph (18);
(B) by striking the period at the end of paragraph
(19) and inserting a semicolon; and
(C) by inserting after paragraph (19) the following:
‘‘(20) the issues raised by domestic violence in determining
custody and visitation, including how to protect the safety
of the child and of a parent who is not a predominant aggressor
of domestic violence, the legitimate reasons parents may report
domestic violence, the ways domestic violence may relate to
an abuser’s desire to seek custody, and evaluating expert testimony in custody and visitation determinations involving
domestic violence;
‘‘(21) the issues raised by child sexual assault in determining custody and visitation, including how to protect the

H. R. 3244—53
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.—

H. R. 3244—54
(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.’’.

H. R. 3244—55

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:

H. R. 3244—56
‘‘(iii)(I) An alien who is described in subclause (II) may file
a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if the alien demonstrates
to the Attorney General that—
‘‘(aa) the marriage or the intent to marry the United States
citizen was entered into in good faith by the alien; and
‘‘(bb) during the marriage or relationship intended by the
alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme
cruelty perpetrated by the alien’s spouse or intended spouse.
‘‘(II) For purposes of subclause (I), an alien described in this
subclause is an alien—
‘‘(aa)(AA) who is the spouse of a citizen of the United
States;
‘‘(BB) who believed that he or she had married a citizen
of the United States and with whom a marriage ceremony
was actually performed and who otherwise meets any applicable
requirements under this Act to establish the existence of and
bona fides of a marriage, but whose marriage is not legitimate
solely because of the bigamy of such citizen of the United
States; or
‘‘(CC) who was a bona fide spouse of a United States
citizen within the past 2 years and—
‘‘(aaa) whose spouse died within the past 2 years;
‘‘(bbb) whose spouse lost or renounced citizenship
status within the past 2 years related to an incident of
domestic violence; or
‘‘(ccc) who demonstrates a connection between the legal
termination of the marriage within the past 2 years and
battering or extreme cruelty by the United States citizen
spouse;
‘‘(bb) who is a person of good moral character;
‘‘(cc) who is eligible to be classified as an immediate relative
under section 201(b)(2)(A)(i) or who would have been so classified but for the bigamy of the citizen of the United States
that the alien intended to marry; and
‘‘(dd) who has resided with the alien’s spouse or intended
spouse.’’.
(2) SELF-PETITIONING CHILDREN.—Section 204(a)(1)(A)(iv) of
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv))
is amended to read as follows:
‘‘(iv) An alien who is the child of a citizen of the United
States, or who was a child of a United States citizen parent who
within the past 2 years lost or renounced citizenship status related
to an incident of domestic violence, and who is a person of good
moral character, who is eligible to be classified as an immediate
relative under section 201(b)(2)(A)(i), and who resides, or has
resided in the past, with the citizen parent may file a petition
with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section
if the alien demonstrates to the Attorney General that the alien
has been battered by or has been the subject of extreme cruelty
perpetrated by the alien’s citizen parent. For purposes of this clause,
residence includes any period of visitation.’’.
(3) FILING OF PETITIONS.—Section 204(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is
amended by adding at the end the following:

H. R. 3244—57
‘‘(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.’’.

H. R. 3244—58
(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 selfpetition filed under clause (iv) of section 204(a)(1)(A). No new petition shall be required to be filed.

H. R. 3244—59
‘‘(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
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
FOR

H. R. 3244—60
child of an alien who is or was a lawful permanent
resident and the child has been battered or subjected
to extreme cruelty by such permanent resident parent);
or
‘‘(III) the alien has been battered or subjected to
extreme cruelty by a United States citizen or lawful
permanent resident whom the alien intended to marry,
but whose marriage is not legitimate because of that
United States citizen’s or lawful permanent resident’s
bigamy;
‘‘(ii) the alien has been physically present in the
United States for a continuous period of not less than
3 years immediately preceding the date of such application, and the issuance of a charging document for
removal proceedings shall not toll the 3-year period
of continuous physical presence in the United States;
‘‘(iii) the alien has been a person of good moral
character during such period, subject to the provisions
of subparagraph (C);
‘‘(iv) the alien is not inadmissible under paragraph
(2) or (3) of section 212(a), is not deportable under
paragraphs (1)(G) or (2) through (4) of section 237(a)
(except in a case described in section 237(a)(7) where
the Attorney General exercises discretion to grant a
waiver), and has not been convicted of an aggravated
felony; and
‘‘(v) the removal would result in extreme hardship
to the alien, the alien’s child, or the alien’s parent.
‘‘(B) PHYSICAL PRESENCE.—Notwithstanding subsection
(d)(2), for purposes of subparagraph (A)(i)(II) or for purposes of section 244(a)(3) (as in effect before the title III–
A effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996), an alien
shall not be considered to have failed to maintain continuous physical presence by reason of an absence if the
alien demonstrates a connection between the absence and
the battering or extreme cruelty perpetrated against the
alien. No absence or portion of an absence connected to
the battering or extreme cruelty shall count toward the
90-day or 180-day limits established in subsection (d)(2).
If any absence or aggregate absences exceed 180 days,
the absences or portions of the absences will not be considered to break the period of continuous presence. Any such
period of time excluded from the 180-day limit shall be
excluded in computing the time during which the alien
has been physically present for purposes of the 3-year
requirement set forth in section 240A(b)(2)(B) and section
244(a)(3) (as in effect before the title III–A effective date
in section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996).
‘‘(C) GOOD MORAL CHARACTER.—Notwithstanding section 101(f ), an act or conviction that does not bar the
Attorney General from granting relief under this paragraph
by reason of subparagraph (A)(iv) shall not bar the Attorney
General from finding the alien to be of good moral character
under subparagraph (A)(i)(III) or section 244(a)(3) (as in
effect before the title III–A effective date in section 309

H. R. 3244—61
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

H. R. 3244—62
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

H. R. 3244—63
amended by inserting ‘‘(except in a case described in section
237(a)(7) where the Attorney General exercises discretion to
grant a waiver)’’ after ‘‘237(a)(3)’’.
(c) MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF
UNITED STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS.—
(1) WAIVER OF INADMISSIBILITY.—Section 212(i)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is
amended by inserting before the period at the end the following:
‘‘or, in the case of an alien granted classification under clause
(iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section
204(a)(1)(B), the alien demonstrates extreme hardship to the
alien or the alien’s United States citizen, lawful permanent
resident, or qualified alien parent or child’’.
(2) WAIVER OF DEPORTABILITY.—Section 237(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is
amended—
(A) in clause (i), by inserting ‘‘(I)’’ after ‘‘(i)’’;
(B) by redesignating clause (ii) as subclause (II); and
(C) by adding after clause (i) the following:
‘‘(ii) is an alien who qualifies for classification
under clause (iii) or (iv) of section 204(a)(1)(A) or clause
(ii) or (iii) of section 204(a)(1)(B).’’.
(d) BATTERED IMMIGRANT WAIVER.—Section 212(g)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by adding ‘‘or’’ at the end; and
(3) by inserting after subparagraph (B) the following:
‘‘(C) qualifies for classification under clause (iii) or
(iv) of section 204(a)(1)(A) or classification under clause
(ii) or (iii) of section 204(a)(1)(B);’’.
(e) WAIVERS FOR VAWA ELIGIBLE BATTERED IMMIGRANTS.—
Section 212(h)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(h)(1)) is amended—
(1) in subparagraph (B), by striking ‘‘and’’ and inserting
‘‘or’’; and
(2) by adding at the end the following:
‘‘(C) the alien qualifies for classification under clause
(iii) or (iv) of section 204(a)(1)(A) or classification under
clause (ii) or (iii) of section 204(a)(1)(B); and’’.
(f ) PUBLIC CHARGE.—Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by adding at the end
the following:
‘‘(p) In determining whether an alien described in subsection
(a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to
receive an immigrant visa or otherwise to adjust to the status
of permanent resident by reason of subsection (a)(4), the consular
officer or the Attorney General shall not consider any benefits
the alien may have received that were authorized under section
501 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1641(c)).’’.
(g) REPORT.—Not later than 6 months after the date of the
enactment of this Act, the Attorney General shall submit a report
to the Committees on the Judiciary of the Senate and the House
of Representatives covering, with respect to fiscal year 1997 and
each fiscal year thereafter—
(1) the policy and procedures of the Immigration and Naturalization Service under which an alien who has been battered

H. R. 3244—64
or subjected to extreme cruelty who is eligible for suspension
of deportation or cancellation of removal can request to be
placed, and be placed, in deportation or removal proceedings
so that such alien may apply for suspension of deportation
or cancellation of removal;
(2) the number of requests filed at each district office
under this policy;
(3) the number of these requests granted reported separately for each district; and
(4) the average length of time at each Immigration and
Naturalization office between the date that an alien who has
been subject to battering or extreme cruelty eligible for suspension of deportation or cancellation of removal requests to be
placed in deportation or removal proceedings and the date
that the immigrant appears before an immigration judge to
file an application for suspension of deportation or cancellation
of removal.
SEC. 1506. RESTORING IMMIGRATION PROTECTIONS UNDER THE
VIOLENCE AGAINST WOMEN ACT OF 1994.

(a) REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VICDOMESTIC 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—
TIMS OF

H. R. 3244—65
(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 selfpetition 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

H. R. 3244—66
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.’’.

H. R. 3244—67
(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 selfpetition 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

H. R. 3244—68
applications under this section with respect to spouses or children
who have been battered or subjected to extreme cruelty, the
Attorney General shall apply the provisions of section 204(a)(1)(H).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective as if included in subtitle G of title IV of the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103–322; 108 Stat. 1953 et seq.).
SEC. 1510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL
AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND
CHILDREN.

(a) ADJUSTMENT OF STATUS OF CERTAIN NICARAGUAN AND
CUBAN BATTERED SPOUSES.—Section 202(d) of the Nicaraguan
Adjustment and Central American Relief Act (8 U.S.C. 1255 note;
Public Law 105–100, as amended) is amended—
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
‘‘(B) the alien—
‘‘(i) is the spouse, child, or unmarried son or
daughter of an alien whose status is adjusted to that
of an alien lawfully admitted for permanent residence
under subsection (a), except that in the case of such
an unmarried son or daughter, the son or daughter
shall be required to establish that the son or daughter
has been physically present in the United States for
a continuous period beginning not later than December
1, 1995, and ending not earlier than the date on which
the application for adjustment under this subsection
is filed; or
‘‘(ii) was, at the time at which an alien filed for
adjustment under subsection (a), the spouse or child
of an alien whose status is adjusted to that of an
alien lawfully admitted for permanent residence under
subsection (a), and the spouse, child, or child of the
spouse has been battered or subjected to extreme cruelty by the alien that filed for adjustment under subsection (a);’’; and
(2) by adding at the end the following:
‘‘(3) PROCEDURE.—In acting on an application under this
section with respect to a spouse or child who has been battered
or subjected to extreme cruelty, the Attorney General shall
apply section 204(a)(1)(H).’’.
(b) CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTATION TRANSITION RULES FOR CERTAIN BATTERED SPOUSES.—Section
309(c)(5)(C) of the Illegal Immigration and Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104–208; 8
U.S.C. 1101 note) (as amended by section 1506(b)(3) of this title)
is amended—
(1) in clause (i)—
(A) by striking the period at the end of subclause
(VI) (as added by section 1506(b)(3) of this title) and
inserting ‘‘; or’’; and
(B) by adding at the end the following:
‘‘(VII)(aa) was the spouse or child of an alien
described in subclause (I), (II), or (V)—

H. R. 3244—69
‘‘(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).’’.

H. R. 3244—70
(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

H. R. 3244—71
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

H. R. 3244—72
assistance of the spouse, the child, or, in the case of an
alien child, the parent of the alien; and
‘‘(iii) the criminal activity referred to in this clause
is that involving one or more of the following or any similar
activity in violation of Federal, State, or local criminal
law: rape; torture; trafficking; incest; domestic violence;
sexual assault; abusive sexual contact; prostitution; sexual
exploitation; female genital mutilation; being held hostage;
peonage; involuntary servitude; slave trade; kidnapping;
abduction; unlawful criminal restraint; false imprisonment;
blackmail; extortion; manslaughter; murder; felonious
assault; witness tampering; obstruction of justice; perjury;
or attempt, conspiracy, or solicitation to commit any of
the above mentioned crimes.’’.
(c) CONDITIONS FOR ADMISSION AND DUTIES OF THE ATTORNEY
GENERAL.—Section 214 of such Act (8 U.S.C. 1184) (as amended
by section 107 of this Act) is amended by adding at the end the
following new subsection:
‘‘(o) REQUIREMENTS APPLICABLE TO SECTION 101(a)(15)(U)
VISAS.—
‘‘(1) PETITIONING PROCEDURES FOR SECTION 101(a)(15)(U)
VISAS.—The
petition filed by an alien under section
101(a)(15)(U)(i) shall contain a certification from a Federal,
State, or local law enforcement official, prosecutor, judge, or
other Federal, State, or local authority investigating criminal
activity described in section 101(a)(15)(U)(iii). This certification
may also be provided by an official of the Service whose ability
to provide such certification is not limited to information concerning immigration violations. This certification shall state
that the alien ‘‘has been helpful, is being helpful, or is likely
to be helpful’’ in the investigation or prosecution of criminal
activity described in section 101(a)(15)(U)(iii).
‘‘(2) NUMERICAL LIMITATIONS.—
‘‘(A) The number of aliens who may be issued visas
or otherwise provided status as nonimmigrants under section 101(a)(15)(U) in any fiscal year shall not exceed 10,000.
‘‘(B) The numerical limitations in subparagraph (A)
shall only apply to principal aliens described in section
101(a)(15)(U)(i), and not to spouses, children, or, in the
case of alien children, the alien parents of such children.
‘‘(3) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO
‘U’ VISA NONIMMIGRANTS.—With respect to nonimmigrant aliens
described in subsection (a)(15)(U)—
‘‘(A) the Attorney General and other government officials, where appropriate, shall provide those aliens with
referrals to nongovernmental organizations to advise the
aliens regarding their options while in the United States
and the resources available to them; and
‘‘(B) the Attorney General shall, during the period those
aliens are in lawful temporary resident status under that
subsection, provide the aliens with employment authorization.
‘‘(4) CREDIBLE EVIDENCE CONSIDERED.—In acting on any
petition filed under this subsection, the consular officer or
the Attorney General, as appropriate, shall consider any credible evidence relevant to the petition.

H. R. 3244—73
‘‘(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.

H. R. 3244—74
‘‘(3) Upon approval of adjustment of status under paragraph
(1) of an alien described in section 101(a)(15)(U)(i) the Attorney
General may adjust the status of or issue an immigrant visa to
a spouse, a child, or, in the case of an alien child, a parent who
did not receive a nonimmigrant visa under section 101(a)(15)(U)(ii)
if the Attorney General considers the grant of such status or visa
necessary to avoid extreme hardship.
‘‘(4) Upon the approval of adjustment of status under paragraph
(1) or (3), the Attorney General shall record the alien’s lawful
admission for permanent residence as of the date of such approval.’’.

TITLE VI—MISCELLANEOUS
SEC.

1601.

NOTICE REQUIREMENTS
OFFENDERS.

FOR

SEXUALLY

VIOLENT

(a) SHORT TITLE.—This section may be cited as the ‘‘Campus
Sex Crimes Prevention Act’’.
(b) NOTICE WITH RESPECT TO INSTITUTIONS OF HIGHER EDUCATION.—
(1) IN GENERAL.—Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is
amended by adding at the end the following:
‘‘( j) NOTICE OF ENROLLMENT AT OR EMPLOYMENT BY INSTITUTIONS OF HIGHER EDUCATION.—
‘‘(1) NOTICE BY OFFENDERS.—
‘‘(A) IN GENERAL.—In addition to any other requirements of this section, any person who is required to register
in a State shall provide notice as required under State
law—
‘‘(i) of each institution of higher education in that
State at which the person is employed, carries on a
vocation, or is a student; and
‘‘(ii) of each change in enrollment or employment
status of such person at an institution of higher education in that State.
‘‘(B) CHANGE IN STATUS.—A change in status under
subparagraph (A)(ii) shall be reported by the person in
the manner provided by State law. State procedures shall
ensure that the updated information is promptly made
available to a law enforcement agency having jurisdiction
where such institution is located and entered into the
appropriate State records or data system.
‘‘(2) STATE REPORTING.—State procedures shall ensure that
the registration information collected under paragraph (1)—
‘‘(A) is promptly made available to a law enforcement
agency having jurisdiction where such institution is located;
and
‘‘(B) entered into the appropriate State records or data
system.
‘‘(3) REQUEST.—Nothing in this subsection shall require
an educational institution to request such information from
any State.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall take effect 2 years after the date of the enactment
of this Act.
(c) DISCLOSURES BY INSTITUTIONS OF HIGHER EDUCATION.—

H. R. 3244—75
(1) IN GENERAL.—Section 485(f )(1) of the Higher Education
Act of 1965 (20 U.S.C. 1092(f )(1)) is amended by adding at
the end the following:
‘‘(I) A statement advising the campus community where
law enforcement agency information provided by a State under
section 170101( j) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071( j)), concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency
with jurisdiction for the campus, or a computer network
address.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall take effect 2 years after the date of the enactment
of this Act.
(d) AMENDMENT TO FAMILY EDUCATIONAL RIGHTS AND PRIVACY
ACT OF 1974.—Section 444(b) of the General Education Provisions
Act (20 U.S.C. 1232g(b)), also known as the Family Educational
Rights and Privacy Act of 1974, is amended by adding at the
end the following:
‘‘(7)(A) Nothing in this section may be construed to prohibit
an educational institution from disclosing information provided
to the institution under section 170101 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14071)
concerning registered sex offenders who are required to register
under such section.
‘‘(B) The Secretary shall take appropriate steps to notify
educational institutions that disclosure of information described
in subparagraph (A) is permitted.’’.
SEC. 1602. TEEN SUICIDE PREVENTION STUDY.

(a) SHORT TITLE.—This section may be cited as the ‘‘Teen
Suicide Prevention Act of 2000’’.
(b) FINDINGS.—Congress finds that—
(1) measures that increase public awareness of suicide as
a preventable public health problem, and target parents and
youth so that suicide risks and warning signs can be recognized,
will help to eliminate the ignorance and stigma of suicide
as barriers to youth and families seeking preventive care;
(2) suicide prevention efforts in the year 2000 should—
(A) target at-risk youth, particularly youth with mental
health problems, substance abuse problems, or contact with
the juvenile justice system;
(B) involve—
(i) the identification of the characteristics of the
at-risk youth and other youth who are contemplating
suicide, and barriers to treatment of the youth; and
(ii) the development of model treatment programs
for the youth;
(C) include a pilot study of the outcomes of treatment
for juvenile delinquents with mental health or substance
abuse problems;
(D) include a public education approach to combat the
negative effects of the stigma of, and discrimination against
individuals with, mental health and substance abuse problems; and

H. R. 3244—76
(E) include a nationwide effort to develop, implement,
and evaluate a mental health awareness program for
schools, communities, and families;
(3) although numerous symptoms, diagnoses, traits,
characteristics, and psychosocial stressors of suicide have been
investigated, no single factor or set of factors has ever come
close to predicting suicide with accuracy;
(4) research of United States youth, such as a 1994 study
by Lewinsohn, Rohde, and Seeley, has shown predictors of
suicide, such as a history of suicide attempts, current suicidal
ideation and depression, a recent attempt or completed suicide
by a friend, and low self-esteem; and
(5) epidemiological data illustrate—
(A) the trend of suicide at younger ages as well as
increases in suicidal ideation among youth in the United
States; and
(B) distinct differences in approaches to suicide by
gender, with—
(i) 3 to 5 times as many females as males
attempting suicide; and
(ii) 3 to 5 times as many males as females completing suicide.
(c) PURPOSE.—The purpose of this section is to provide for
a study of predictors of suicide among at-risk and other youth,
and barriers that prevent the youth from receiving treatment, to
facilitate the development of model treatment programs and public
education and awareness efforts.
(d) STUDY.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services
shall carry out, directly or by grant or contract, a study that
is designed to identify—
(1) the characteristics of at-risk and other youth age 13
through 21 who are contemplating suicide;
(2) the characteristics of at-risk and other youth who are
younger than age 13 and are contemplating suicide; and
(3) the barriers that prevent youth described in paragraphs
(1) and (2) from receiving treatment.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH.

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

DIVISION C—MISCELLANEOUS
PROVISIONS
SEC. 2001. AIMEE’S LAW.

(a) SHORT TITLE.—This section may be cited as ‘‘Aimee’s Law’’.
(b) DEFINITIONS.—In this section:
(1) DANGEROUS SEXUAL OFFENSE.—The term ‘‘dangerous
sexual offense’’ means any offense under State law for conduct
that would constitute an offense under chapter 109A of title
18, United States Code, had the conduct occurred in the special

H. R. 3244—77
maritime and territorial jurisdiction of the United States or
in a Federal prison.
(2) MURDER.—The term ‘‘murder’’ has the meaning given
the term in part I of the Uniform Crime Reports of the Federal
Bureau of Investigation.
(3) RAPE.—The term ‘‘rape’’ has the meaning given the
term in part I of the Uniform Crime Reports of the Federal
Bureau of Investigation.
(c) PENALTY.—
(1) SINGLE STATE.—In any case in which a State convicts
an individual of murder, rape, or a dangerous sexual offense,
who has a prior conviction for any one of those offenses in
a State described in paragraph (3), the Attorney General shall
transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law
enforcement assistance funds that have been allocated to but
not distributed to the State that convicted the individual of
the prior offense, to the State account that collects Federal
law enforcement assistance funds of the State that convicted
that individual of the subsequent offense.
(2) MULTIPLE STATES.—In any case in which a State convicts an individual of murder, rape, or a dangerous sexual
offense, who has a prior conviction for any one or more of
those offenses in more than one other State described in paragraph (3), the Attorney General shall transfer an amount equal
to the costs of incarceration, prosecution, and apprehension
of that individual, from Federal law enforcement assistance
funds that have been allocated to but not distributed to each
State that convicted such individual of the prior offense, to
the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the
subsequent offense.
(3) STATE DESCRIBED.—A State is described in this paragraph if—
(A) the average term of imprisonment imposed by the
State on individuals convicted of the offense for which
the individual described in paragraph (1) or (2), as
applicable, was convicted by the State is less than the
average term of imprisonment imposed for that offense
in all States; or
(B) with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served
less than 85 percent of the term of imprisonment to which
that individual was sentenced for the prior offense.
For purposes of subparagraph (B), in a State that has indeterminate sentencing, the term of imprisonment to which that
individual was sentenced for the prior offense shall be based
on the lower of the range of sentences.
(d) STATE APPLICATIONS.—In order to receive an amount transferred under subsection (c), the chief executive of a State shall
submit to the Attorney General an application, in such form and
containing such information as the Attorney General may reasonably require, which shall include a certification that the State
has convicted an individual of murder, rape, or a dangerous sexual
offense, who has a prior conviction for one of those offenses in
another State.
(e) SOURCE OF FUNDS.—

H. R. 3244—78
(1) IN GENERAL.—Any amount transferred under subsection
(c) shall be derived by reducing the amount of Federal law
enforcement assistance funds received by the State that convicted such individual of the prior offense before the distribution
of the funds to the State. The Attorney General shall provide
the State with an opportunity to select the specific Federal
law enforcement assistance funds to be so reduced (other than
Federal crime victim assistance funds).
(2) PAYMENT SCHEDULE.—The Attorney General, in consultation with the chief executive of the State that convicted
such individual of the prior offense, shall establish a payment
schedule.
(f ) CONSTRUCTION.—Nothing in this section may be construed
to diminish or otherwise affect any court ordered restitution.
(g) EXCEPTION.—This section does not apply if the individual
convicted of murder, rape, or a dangerous sexual offense has been
released from prison upon the reversal of a conviction for an offense
described in subsection (c) and subsequently been convicted for
an offense described in subsection (c).
(h) REPORT.—The Attorney General shall—
(1) conduct a study evaluating the implementation of this
section; and
(2) not later than October 1, 2006, submit to Congress
a report on the results of that study.
(i) COLLECTION OF RECIDIVISM DATA.—
(1) IN GENERAL.—Beginning with calendar year 2002, and
each calendar year thereafter, the Attorney General shall collect
and maintain information relating to, with respect to each
State—
(A) the number of convictions during that calendar
year for—
(i) any dangerous sexual offense;
(ii) rape; and
(iii) murder; and
(B) the number of convictions described in subparagraph (A) that constitute second or subsequent convictions
of the defendant of an offense described in that subparagraph.
(2) REPORT.—Not later than March 1, 2003, and on March
1 of each year thereafter, the Attorney General shall submit
to Congress a report, which shall include—
(A) the information collected under paragraph (1) with
respect to each State during the preceding calendar year;
and
(B) the percentage of cases in each State in which
an individual convicted of an offense described in paragraph
(1)(A) was previously convicted of another such offense
in another State during the preceding calendar year.
( j) EFFECTIVE DATE.—This section shall take effect on January
1, 2002.
SEC. 2002. PAYMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

(a) PAYMENTS.—
(1) IN GENERAL.—Subject to subsections (b) and (c), the
Secretary of the Treasury shall pay each person described in
paragraph (2), at the person’s election—

H. R. 3244—79
(A) 110 percent of compensatory damages awarded by
judgment of a court on a claim or claims brought by the
person under section 1605(a)(7) of title 28, United States
Code, plus amounts necessary to pay post-judgment
interest under section 1961 of such title, and, in the case
of a claim or claims against Cuba, amounts awarded as
sanctions by judicial order on April 18, 2000 (as corrected
on June 2, 2000), subject to final appellate review of that
order; or
(B) 100 percent of the compensatory damages awarded
by judgment of a court on a claim or claims brought by
the person under section 1605(a)(7) of title 28, United
States Code, plus amounts necessary to pay post-judgment
interest, as provided in section 1961 of such title, and,
in the case of a claim or claims against Cuba, amounts
awarded as sanctions by judicial order on April 18, 2000
(as corrected June 2, 2000), subject to final appellate review
of that order.
Payments under this subsection shall be made promptly upon
request.
(2) PERSONS COVERED.—A person described in this paragraph is a person who—
(A)(i) as of July 20, 2000, held a final judgment for
a claim or claims brought under section 1605(a)(7) of title
28, United States Code, against Iran or Cuba, or the right
to payment of an amount awarded as a judicial sanction
with respect to such claim or claims; or
(ii) filed a suit under such section 1605(a)(7) on February 17, 1999, December 13, 1999, January 28, 2000,
March 15, 2000, or July 27, 2000;
(B) relinquishes all claims and rights to compensatory
damages and amounts awarded as judicial sanctions under
such judgments;
(C) in the case of payment under paragraph (1)(A),
relinquishes all rights and claims to punitive damages
awarded in connection with such claim or claims; and
(D) in the case of payment under paragraph (1)(B),
relinquishes all rights to execute against or attach property
that is at issue in claims against the United States before
an international tribunal, that is the subject of awards
rendered by such tribunal, or that is subject to section
1610(f )(1)(A) of title 28, United States Code.
(b) FUNDING OF AMOUNTS.—
(1) JUDGMENTS AGAINST CUBA.—For purposes of funding
the payments under subsection (a) in the case of judgments
and sanctions entered against the Government of Cuba or
Cuban entities, the President shall vest and liquidate up to
and not exceeding the amount of property of the Government
of Cuba and sanctioned entities in the United States or any
commonwealth, territory, or possession thereof that has been
blocked pursuant to section 5(b) of the Trading with the Enemy
Act (50 U.S.C. App. 5(b)), sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701–
1702), or any other proclamation, order, or regulation issued
thereunder. For the purposes of paying amounts for judicial

H. R. 3244—80
sanctions, payment shall be made from funds or accounts subject to sanctions as of April 18, 2000, or from blocked assets
of the Government of Cuba.
(2) JUDGMENTS AGAINST IRAN.—For purposes of funding
payments under subsection (a) in the case of judgments against
Iran, the Secretary of the Treasury shall make such payments
from amounts paid and liquidated from—
(A) rental proceeds accrued on the date of the enactment of this Act from Iranian diplomatic and consular
property located in the United States; and
(B) funds not otherwise made available in an amount
not to exceed the total of the amount in the Iran Foreign
Military Sales Program account within the Foreign Military
Sales Fund on the date of the enactment of this Act.
(c) SUBROGATION.—Upon payment under subsection (a) with
respect to payments in connection with a Foreign Military Sales
Program account, the United States shall be fully subrogated, to
the extent of the payments, to all rights of the person paid under
that subsection against the debtor foreign state. The President
shall pursue these subrogated rights as claims or offsets of the
United States in appropriate ways, including any negotiation
process which precedes the normalization of relations between the
foreign state designated as a state sponsor of terrorism and the
United States, except that no funds shall be paid to Iran, or released
to Iran, from property blocked under the International Emergency
Economic Powers Act or from the Foreign Military Sales Fund,
until such subrogated claims have been dealt with to the satisfaction
of the United States.
(d) SENSE OF THE CONGRESS.—It is the sense of the Congress
that the President should not normalize relations between the
United States and Iran until the claims subrogated have been
dealt with to the satisfaction of the United States.
(e) REAFFIRMATION OF AUTHORITY.—Congress reaffirms the
President’s statutory authority to manage and, where appropriate
and consistent with the national interest, vest foreign assets located
in the United States for the purposes, among other things, of
assisting and, where appropriate, making payments to victims of
terrorism.
(f ) AMENDMENTS.—(1) Section 1610(f ) of title 28, United States
Code, is amended—
(A) in paragraphs (2)(A) and (2)(B)(ii), by striking ‘‘shall’’
each place it appears and inserting ‘‘should make every effort
to’’; and
(B) by adding at the end the following new paragraph:
‘‘(3) WAIVER.—The President may waive any provision of
paragraph (1) in the interest of national security.’’.
(2) Subsections (b) and (d) of section 117 of the Treasury Department Appropriations Act, 1999 (as contained in section 101(h) of
Public Law 105–277) are repealed.
SEC. 2003. AID FOR VICTIMS OF TERRORISM.
THE

(a) MEETING THE NEEDS OF VICTIMS OF TERRORISM OUTSIDE
UNITED STATES.—
(1) IN GENERAL.—Section 1404B(a) of the Victims of Crime
Act of 1984 (42 U.S.C. 10603b(a)) is amended as follows:
‘‘(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE UNITED STATES.—

H. R. 3244—81
‘‘(1) IN GENERAL.—The Director may make supplemental
grants as provided in 1402(d)(5) to States, victim service
organizations, and public agencies (including Federal, State,
or local governments) and nongovernmental organizations that
provide assistance to victims of crime, which shall be used
to provide emergency relief, including crisis response efforts,
assistance, training, and technical assistance, and ongoing
assistance, including during any investigation or prosecution,
to victims of terrorist acts or mass violence occurring outside
the United States who are not persons eligible for compensation
under title VIII of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986.
‘‘(2) VICTIM DEFINED.—In this subsection, the term
‘victim’—
‘‘(A) means a person who is a national of the United
States or an officer or employee of the United States
Government who is injured or killed as a result of a terrorist act or mass violence occurring outside the United
States; and
‘‘(B) in the case of a person described in subparagraph
(A) who is less than 18 years of age, incompetent, incapacitated, or deceased, includes a family member or legal
guardian of that person.
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to allow the Director to make grants to
any foreign power (as defined by section 101(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) or
to any domestic or foreign organization operated for the purpose
of engaging in any significant political or lobbying activities.’’.
(2) APPLICABILITY.—The amendment made by this subsection shall apply to any terrorist act or mass violence occurring on or after December 21, 1988, with respect to which
an investigation or prosecution was ongoing after April 24,
1996.
(3) ADMINISTRATIVE PROVISION.—Not later than 90 days
after the date of the enactment of this Act, the Director shall
establish guidelines under section 1407(a) of the Victims of
Crime Act of 1984 (42 U.S.C. 10604(a)) to specify the categories
of organizations and agencies to which the Director may make
grants under this subsection.
(4) TECHNICAL AMENDMENT.—Section 1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended
by striking ‘‘1404(d)(4)(B)’’ and inserting ‘‘1402(d)(5)’’.
(b) AMENDMENTS TO EMERGENCY RESERVE FUND.—
(1) CAP INCREASE.—Section 1402(d)(5)(A) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended
by striking ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’.
(2) TRANSFER.—Section 1402(e) of the Victims of Crime
Act of 1984 (42 U.S.C 10601(e)) is amended by striking ‘‘in
excess of $500,000’’ and all that follows through ‘‘than $500,000’’
and inserting ‘‘shall be available for deposit into the emergency
reserve fund referred to in subsection (d)(5) at the discretion
of the Director. Any remaining unobligated sums’’.
(c) COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM.—
(1) IN GENERAL.—The Victims of Crime Act of 1984 (42
U.S.C. 10601 et seq.) is amended by inserting after section
1404B the following:

H. R. 3244—82
‘‘SEC. 1404C. COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) INTERNATIONAL TERRORISM.—The term ‘international
terrorism’ has the meaning given the term in section 2331
of title 18, United States Code.
‘‘(2) NATIONAL OF THE UNITED STATES.—The term ‘national
of the United States’ has the meaning given the term in section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
‘‘(3) VICTIM.—
‘‘(A) IN GENERAL.—The term ‘victim’ means a person
who—
‘‘(i) suffered direct physical or emotional injury
or death as a result of international terrorism occurring
on or after December 21, 1988 with respect to which
an investigation or prosecution was ongoing after April
24, 1996; and
‘‘(ii) as of the date on which the international
terrorism occurred, was a national of the United States
or an officer or employee of the United States Government.
‘‘(B) INCOMPETENT, INCAPACITATED, OR DECEASED VICTIMS.—In the case of a victim who is less than 18 years
of age, incompetent, incapacitated, or deceased, a family
member or legal guardian of the victim may receive the
compensation under this section on behalf of the victim.
‘‘(C) EXCEPTION.—Notwithstanding any other provision
of this section, in no event shall an individual who is
criminally culpable for the terrorist act or mass violence
receive any compensation under this section, either directly
or on behalf of a victim.
‘‘(b) AWARD OF COMPENSATION.—The Director may use the
emergency reserve referred to in section 1402(d)(5)(A) to carry out
a program to compensate victims of acts of international terrorism
that occur outside the United States for expenses associated with
that victimization.
‘‘(c) ANNUAL REPORT.—The Director shall annually submit to
Congress a report on the status and activities of the program
under this section, which report shall include—
‘‘(1) an explanation of the procedures for filing and processing of applications for compensation;
‘‘(2) a description of the procedures and policies instituted
to promote public awareness about the program;
‘‘(3) a complete statistical analysis of the victims assisted
under the program, including—
‘‘(A) the number of applications for compensation submitted;
‘‘(B) the number of applications approved and the
amount of each award;
‘‘(C) the number of applications denied and the reasons
for the denial;
‘‘(D) the average length of time to process an application for compensation; and
‘‘(E) the number of applications for compensation
pending and the estimated future liability of the program;
and

H. R. 3244—83
‘‘(4) an analysis of future program needs and suggested
program improvements.’’.
(2) CONFORMING AMENDMENT.—Section 1402(d)(5)(B) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is
amended by inserting ‘‘, to provide compensation to victims
of international terrorism under the program under section
1404C,’’ after ‘‘section 1404B’’.
(d) AMENDMENTS TO VICTIMS OF CRIME FUND.—Section 1402(c)
of the Victims of Crime Act 1984 (42 U.S.C. 10601(c)) is amended
by adding at the end the following: ‘‘Notwithstanding section
1402(d)(5), all sums deposited in the Fund in any fiscal year that
are not made available for obligation by Congress in the subsequent
fiscal year shall remain in the Fund for obligation in future fiscal
years, without fiscal year limitation.’’.
SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT.

(a) SHIPMENT OF INTOXICATING LIQUOR IN VIOLATION OF STATE
LAW.—The Act entitled ‘‘An Act divesting intoxicating liquors of
their interstate character in certain cases’’, approved March 1,
1913 (commonly known as the ‘‘Webb-Kenyon Act’’) (27 U.S.C. 122)
is amended by adding at the end the following:
‘‘SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.

‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘attorney general’ means the attorney general
or other chief law enforcement officer of a State or the designee
thereof;
‘‘(2) the term ‘intoxicating liquor’ means any spirituous,
vinous, malted, fermented, or other intoxicating liquor of any
kind;
‘‘(3) the term ‘person’ means any individual and any partnership, corporation, company, firm, society, association, joint
stock company, trust, or other entity capable of holding a legal
or beneficial interest in property, but does not include a State
or agency thereof; and
‘‘(4) the term ‘State’ means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
or any territory or possession of the United States.
‘‘(b) ACTION BY STATE ATTORNEY GENERAL.—If the attorney
general has reasonable cause to believe that a person is engaged
in, or has engaged in, any act that would constitute a violation
of a State law regulating the importation or transportation of any
intoxicating liquor, the attorney general may bring a civil action
in accordance with this section for injunctive relief (including a
preliminary or permanent injunction) against the person, as the
attorney general determines to be necessary to—
‘‘(1) restrain the person from engaging, or continuing to
engage, in the violation; and
‘‘(2) enforce compliance with the State law.
‘‘(c) FEDERAL JURISDICTION.—
‘‘(1) IN GENERAL.—The district courts of the United States
shall have jurisdiction over any action brought under this section by an attorney general against any person, except one
licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State.
‘‘(2) VENUE.—An action under this section may be brought
only in accordance with section 1391 of title 28, United States

H. R. 3244—84
Code, or in the district in which the recipient of the intoxicating
liquor resides or is found.
‘‘(3) FORM OF RELIEF.—An action under this section is limited to actions seeking injunctive relief (a preliminary and/
or permanent injunction).
‘‘(4) NO RIGHT TO JURY TRIAL.—An action under this section
shall be tried before the court.
‘‘(d) REQUIREMENTS FOR INJUNCTIONS AND ORDERS.—
‘‘(1) IN GENERAL.—In any action brought under this section,
upon a proper showing by the attorney general of the State,
the court may issue a preliminary or permanent injunction
to restrain a violation of this section. A proper showing under
this paragraph shall require that a State prove by a preponderance of the evidence that a violation of State law as described
in subsection (b) has taken place or is taking place.
‘‘(2) ADDITIONAL SHOWING FOR PRELIMINARY INJUNCTION.—
No preliminary injunction may be granted except upon—
‘‘(A) evidence demonstrating the probability of irreparable injury if injunctive relief is not granted; and
‘‘(B) evidence supporting the probability of success on
the merits.
‘‘(3) NOTICE.—No preliminary or permanent injunction may
be issued under paragraph (1) without notice to the adverse
party and an opportunity for a hearing.
‘‘(4) FORM AND SCOPE OF ORDER.—Any preliminary or
permanent injunction entered in an action brought under this
section shall—
‘‘(A) set forth the reasons for the issuance of the order;
‘‘(B) be specific in terms;
‘‘(C) describe in reasonable detail, and not by reference
to the complaint or other document, the act or acts sought
to be restrained; and
‘‘(D) be binding upon—
‘‘(i) the parties to the action and the officers,
agents, employees, and attorneys of those parties; and
‘‘(ii) persons in active concert or participation with
the parties to the action who receive actual notice
of the order by personal service or otherwise.
‘‘(5) ADMISSIBILITY OF EVIDENCE.—In a hearing on an
application for a permanent injunction, any evidence previously
received on an application for a preliminary injunction in
connection with the same civil action and that would otherwise
be admissible, may be made a part of the record of the hearing
on the permanent injunction.
‘‘(e) RULES OF CONSTRUCTION.—This section shall be construed
only to extend the jurisdiction of Federal courts in connection with
State law that is a valid exercise of power vested in the States—
‘‘(1) under the twenty-first article of amendment to the
Constitution of the United States as such article of amendment
is interpreted by the Supreme Court of the United States
including interpretations in conjunction with other provisions
of the Constitution of the United States; and
‘‘(2) under the first section herein as such section is interpreted by the Supreme Court of the United States; but shall
not be construed to grant to States any additional power.
‘‘(f ) ADDITIONAL REMEDIES.—

H. R. 3244—85
‘‘(1) IN GENERAL.—A remedy under this section is in addition to any other remedies provided by law.
‘‘(2) STATE COURT PROCEEDINGS.—Nothing in this section
may be construed to prohibit an authorized State official from
proceeding in State court on the basis of an alleged violation
of any State law.
‘‘SEC. 3. GENERAL PROVISIONS.

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

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.