H.R.3244 - Victims of Trafficking and Violence Protection Act of 2000106th Congress (1999-2000)
Summary: H.R.3244 — 106th Congress (1999-2000)
Victims of Trafficking and Violence Protection Act of 2000 - Division A: Trafficking Victims Protection Act of 2000 - Trafficking Victims Protection Act of 2000 - Amends the Foreign Assistance Act of 1961 (FAA) to require the Secretary of State (the Secretary) to include as part of required reports on human rights and development assistance and human rights and security assistance: (1) a description of the nature and extent of severe forms of trafficking in persons in each foreign country; and (2) 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 such countries' governments to combat such trafficking.
Conference report filed in House (10/05/2000)
(Sec. 105) Requires the President to establish an Interagency Task Force to Monitor and Combat Trafficking, chaired by the Secretary. Authorizes the Secretary to establish within the Department of State an Office to Monitor and Combat Trafficking, which shall assist the Task Force and be administered by a Director. Requires the Director to consult with domestic organizations, international nongovernmental organizations, and multilateral organizations, including the Organization of American States, the Organization for Security and Cooperation in Europe (OSCE), and the United Nations, and with trafficking victims or other affected persons.
Directs the Task Force to: (1) coordinate the implementation of this division; (2) measure and evaluate progress of the United States and other countries in trafficking prevention, provision of assistance to and protection of trafficking victims, and prosecution of and enforcement against traffickers; (3) assist the Secretary in the preparation of the reports under section 110, below; (4) expand interagency procedures to collect and organize data and to respect the confidentiality of trafficking victims; (5) engage in efforts to facilitate cooperation among countries of origin, transit, and destination; (6) 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; and (7) engage in consultation and advocacy with governmental and nongovernmental organizations, among other entities, to advance the purposes of this division.
(Sec. 106) Directs the President: (1) to establish and carry out initiatives to enhance economic opportunity for potential victims of trafficking as a method to deter trafficking; (2) acting through the Secretaries of Labor, Health and Human Services (HHS), and State and the Attorney General, to establish and carry out programs to increase public awareness, particularly among potential victims, of the dangers of trafficking and the protections that are available for victims; and (3) to consult with appropriate nongovernmental organizations with respect to the establishment and conduct of initiatives under this section.
(Sec. 107) Requires the Secretary and the Administrator of the Agency for International Development (AID) to establish and carry out programs and initiatives in foreign countries to assist in the safe integration, reintegration, or resettlement of victims of trafficking and their children and to take appropriate steps to enhance cooperative efforts among foreign countries, including countries of origin of victims, to assist in such integration, reintegration, or resettlement.
Directs the Secretaries of HHS and Labor, the Board of Directors of the Legal Services Corporation (LSC), and the heads of other Federal agencies to expand benefits and services to victims of severe forms of trafficking in persons within the United States, without regard to the immigration status of such victims. Makes an alien who is such a victim eligible for benefits and services to the same extent as an alien who is admitted to the United States as a refugee under the Immigration and Nationality Act (INA). Sets forth reporting and certification requirements.
Directs the Attorney General and the Secretary to promulgate regulations for law enforcement personnel, immigration officials, and State Department officials to provide that: (1) such victims, while in Federal custody, shall not be detained in facilities inappropriate to their status as crime victims, shall receive necessary medical care and other assistance, and shall be provided protection if a victim's safety is at risk or if there is danger of additional harm by recapture by a trafficker; (2) such victims shall have access to information about their rights and translation services; (3) Federal law enforcement officials may act to ensure an alien's continued presence in the United States if it is determined that such individual is a victim of trafficking and a potential witness to the prosecution of those responsible; (4) such officials, in investigating and prosecuting traffickers, shall protect the safety of trafficking victims; and (5) appropriate personnel of the Departments of State and Justice shall be trained in identifying such victims and providing for their protection.
Amends the INA to create a new non-immigrant "T" visa for: (1) an alien who the Attorney General determines is a victim of a severe form of trafficking in persons, who is in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or a U.S. port of entry on account of such trafficking, who has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking or has not attained age 15, and who would suffer extreme hardship involving unusual and severe harm upon removal from the United States; (2) the spouse, children, and parents of such an alien who is under 21 if the Attorney General considers it necessary to avoid extreme hardship; or (3) the minor children of such an alien who is 21 years of age or older if they are accompanying or following to join such alien. Limits the total number of aliens who may be issued visas or otherwise provided non-immigrant status during a fiscal year to 5,000. Makes this numerical limitation applicable only to principal aliens and not to the spouses, sons, daughters, or parents of such aliens.
Directs the Attorney General and other government officials to refer such non-immigrant aliens to nongovernmental organizations that would advise the aliens regarding their options and the resources available to them. Requires the Attorney General, during the period those aliens are in lawful temporary resident status, to grant them authorization to engage in employment in the United States and to provide them with an "employment authorized" endorsement or other appropriate work permit.
Permits the Attorney General to adjust the status of a "T" visa holder to that of a permanent resident if the alien: (1) has been physically present in the United States for a continuous period of at least three years since the date of admission; (2) has been a person of good moral character throughout such period; and (3) has complied with any reasonable request for assistance in the investigation or prosecution of trafficking acts throughout such period, or would suffer extreme hardship upon removal from the United States. Permits the Attorney General to adjust the status of any other alien admitted under that section, with an exception.
(Sec. 108) Establishes 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. Urges such countries to prohibit such trafficking, to punish such acts, and to eliminate such trafficking.
(Sec. 109) Amends the FAA to authorize the President to provide assistance to foreign countries directly or through nongovernmental, intergovernmental, and multilateral organizations for programs and activities designed to meet the minimum standards for the elimination of trafficking, including the drafting of laws to prohibit and punish acts of trafficking, the investigation and prosecution of traffickers, the creation and maintenance of facilities, programs, and activities for the protection of victims, and the expansion of exchange programs and international visitor programs for governmental and nongovernmental personnel to combat trafficking.
(Sec. 110) Declares that it is U.S. policy not to provide non-humanitarian, non-trade-related foreign assistance to any government that does not comply with minimum standards for the elimination of trafficking and that is not making significant efforts to comply with such standards.
Requires the Secretary to submit to the appropriate congressional committees reports with respect to the status of severe forms of trafficking and those countries to which the minimum standards for the elimination of trafficking are applicable whose governments: (1) fully comply with such standards; (2) do not yet fully comply but are making significant efforts to comply; and (3) do not fully comply and are not making significant efforts to do. Specifies possible presidential determinations with respect to: (1) the withholding of non-humanitarian, non-trade-related assistance; (2) ongoing, multiple, broad-based restrictions on assistance in response to human rights violations; (3) subsequent compliance; and (4) continuation of assistance in the national interest and waiver authority.
(Sec. 111) Authorizes the President to impose sanctions under the International Emergency Economic Powers Act, including the freezing of assets located in the United States. Directs the President, upon exercising such authority, to report to the appropriate congressional committees: (1) identifying publicly the foreign persons that the President determines are appropriate for sanctions and the basis for such determination; and (2) detailing publicly the sanctions imposed.
Creates a ground of inadmissibility for: (1) any alien who is identified as such a foreign person 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 in severe forms of trafficking; and (2) the alien's spouse, son, or daughter who has, within the previous five years, knowingly obtained any financial or other benefit from the alien's illicit activity, with an exception for a son or daughter who was a child at the time he or she received the benefit.
(Sec. 112) Amends the code to: (1) double the current maximum penalties for peonage, enticement into slavery, and sale into involuntary servitude to 20 years imprisonment; and (2) add the possibility of life imprisonment for such violations resulting in death or involving kidnaping, aggravated sexual abuse, or an attempt to kill.
Prohibits: (1) forced labor; (2) trafficking with respect to peonage, slavery, or involuntary servitude; and (3) sex trafficking of children or of others by force, fraud, or coercion. Sets penalties for violations, including life imprisonment.
Prohibits knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport, other immigration document, or government identification document, of another person: (1) in the course of specified violations, such as trafficking with respect to peonage, slavery, involuntary servitude, or forced labor; (2) with intent to violate specified provisions; or (3) when the person is or has been a victim of a severe form of trafficking. Sets penalties for violations. Makes this paragraph inapplicable to the conduct of a person who is or has been a victim of a severe form of trafficking if that conduct is caused by, or incident to, that trafficking.
Requires that convicted traffickers provide full restitution to their victims. Directs courts to order the forfeiture to the United States of any of the trafficker's property that was used for or derived from violations of these laws. Makes victims of these crimes eligible for the Federal witness protection program.
Directs the United States Sentencing Commission to review and, if appropriate, amend the sentencing guidelines to ensure that they are sufficiently stringent with respect to such trafficking offenses.
(Sec. 113) Authorizes appropriations to carry out this Act for: (1) the Task Force; (2) the Secretary of HHS; (3) the Secretary (for assistance for victims in other countries, voluntary contributions to OSCE, and annual Country Reports on Human Rights Practices); (4) the Attorney General; (5) the President (for foreign victim assistance and assistance to foreign countries to meet the minimum standards); and (6) the Secretary of Labor.
Division B: Violence Against Women Act of 2000 - Violence Against Women Act of 2000 - Directs the Attorney General or the Secretary of HHS, as applicable, to: (1) require grantees under any program authorized or reauthorized by this division to report on the effectiveness of the activities carried out; and (2) report biennially to specified congressional committees on such programs.
Title I: Strengthening Law Enforcement to Reduce Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to authorize the Attorney General to make grants to eligible States, Indian tribal governments, or local governmental units 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. Instructs the Attorney General to give priority to grant applicants that: (1) have established cooperative agreements with neighboring jurisdictions to facilitate the enforcement of protection orders from other jurisdictions; and (2) will give priority to using the grant to develop, install, and provide training on data collection and communication systems to link police, prosecutors, courts, and tribal jurisdictions in order to identify and track protection orders and violations in those jurisdictions where such systems do not exist or are not fully effective.
Directs the Attorney General to compile and disseminate information about successful data collection and communication systems.
Rewrites provisions of the Safe Streets Act regarding filing costs for criminal charges. Entitles a State, Indian tribal government, or unit of local government to grants under this Act only if it certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense or 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 the filing, issuance, registration, or service of a warrant, protection order, petition for a protection order, or witness subpoena. Sets forth similar certification requirements to be eligible for grants to encourage arrest policies.
Provides that: (1) a State or Indian tribe according full faith and credit to a protection 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 made unless requested to do so by the party protected under such order; (2) a protection order that is otherwise consistent with this title shall be accorded full faith and credit notwithstanding the failure to comply with any requirement that the order be registered or filed in the enforcing State or tribal jurisdiction; and (3) 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.
(Sec. 1102) Amends the Safe Streets Act to designate State, local (including juvenile courts), and Indian tribal courts and Indian tribal governments as eligible grantees in the program to combat violent crimes against women. Revises allocation percentages for police and prosecutors, victim services, and State and local courts (not less than 25 percent, 30 percent, and five percent, respectively).
Includes State, local, and tribal courts among the grantees eligible for Federal grants to encourage arrest policies. Earmarks a minimum of five percent of the total amount available for grants each fiscal year for grants to Indian tribal governments.
(Sec. 1103) Reauthorizes appropriations for grants to combat violent crimes against women. Includes among permissible uses of grant funds: (1) 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; and (2) 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.
Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for coordinating State victim services activities and for coordinating with Federal, State, and local entities engaged in violence against women activities. Increases the percentage of funding available for grants to Indian tribal governments and the amount available for grants to applicants in each State.
Directs that 2.5 percent be available for grants for State domestic violence coalitions and for State sexual assault coalitions, in accordance with a specified formula. Revises the definition of "underserved populations" to include populations underserved because of alienage status or age and populations determined to be underserved by the State planning process in consultation with the Attorney General. Requires the Attorney General, in a report to the House and Senate Judiciary Committees, to provide that the statistical summary of persons served detail the membership of persons served in any underserved population.
(Sec. 1104) Reauthorizes appropriations: (1) under the Safe Streets Act for grants to encourage arrest policies; and (2) under the Violence Against Women Act of 1994 (VAWA) for rural domestic violence and child abuse enforcement grants and for national stalker and domestic violence reduction.
(Sec. 1107) Modifies Federal criminal code provisions regarding interstate domestic violence, interstate stalking, and interstate violation of a protective order to: (1) cover situations where persons travel in interstate or foreign commerce or to or from Indian country; and(2) include such travel with intent to kill. Defines "course of conduct" for purposes of this section's prohibition against engaging in a course of conduct that places a person in reasonable fear of death or serious bodily injury to mean a pattern of conduct composed of two or more acts, evidencing a continuity of purpose. Redefines "spouse or intimate partner" to cover a spouse or former spouse of the target of a stalking, a person who shares a child in common with the target, and a person who cohabits or has cohabited as a spouse with the target.
(Sec. 1108) Amends the Higher Education Amendments of 1998 to include dating violence (currently limited to domestic violence) with respect to grants to combat violent crimes against women on campus. Reauthorizes appropriations.
Amends the Safe Streets Act to create a matching grant program for school security. Authorizes the Attorney General 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. Sets forth provisions regarding permissible uses of grant funds, preferential consideration in awarding grants, matching funds, equitable geographic distribution, administrative costs, and application and reporting requirements. Authorizes appropriations.
(Sec. 1109) Amends the Safe Streets Act to include dating violence within the scope of provisions regarding stop grants, grants to encourage arrest policies, and rural domestic violence and child abuse enforcement.
Title II: Strengthening Services to Victims of Violence - Authorizes the Attorney General to award grants to private nonprofit entities, Indian tribal governments, and publicly funded organizations not acting in a governmental capacity, such as law schools, to: (1) implement, expand, and establish cooperative efforts and projects for the provision of legal assistance for victims of domestic violence, stalking, and sexual assault; and (2) provide training, technical assistance, and data collection to improve the capacity of grantees and other entities to offer civil legal assistance to such victims. Sets forth requirements regarding eligibility for a grant and evaluation. Authorizes appropriations. Specifies that of sums available under this title, not less than: (1) five 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; and (2) 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.
(Sec. 1202) Amends the Family Violence Prevention and Services Act (FVPSA) with respect to State demonstration grants for programs and projects to prevent family violence to reauthorize appropriations and increase to $600,000 the minimum allotment for States.
(Sec. 1203) Directs the Secretary to award grants under FVPSA 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. Authorizes appropriations.
(Sec. 1204) Amends FVPSA to reauthorize appropriations for the national domestic violence hotline.
(Sec. 1205) Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to extend through FY 2005 and increase the authorization of appropriations for Federal victims' counselors.
(Sec. 1206) Directs the Attorney General to conduct a national: (1) study to identify State laws that address discrimination against victims of domestic violence and sexual assault related to issuance or administration of insurance policies; and (2) 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. Sets forth report requirements.
Directs the Secretary of Labor to 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 the receipt by the employee of unemployment compensation based on such separation. Sets forth reporting requirements.
(Sec. 1209) Amends VAWA to add a new Subtitle H (Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older or Disabled Individuals). Directs the Attorney General to 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. Authorizes appropriations.
Amends the Safe Streets Act to: (1) authorize the Attorney General to make grants 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 and individuals with disabilities; and (2) direct that grants to combat violent crimes against women be used to develop, enlarge, or strengthen 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.
Title III: Limiting the Effects of Violence on Children - Authorizes the Attorney General to 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. Directs that not less than five percent of the total amount made available for each fiscal year to carry out this title be available for grants to Indian tribal governments.
(Sec. 1302) Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for: (1) the court-appointed special advocate program; (2) child abuse training programs for judicial personnel and practitioners; and (3) grants for televised testimony.
Directs the Attorney General to: (1) compile annually and disseminate information about the use of amounts expended and the projects funded under such Act and under the Safe Streets Act; and (2) focus dissemination of such information toward community-based programs, including domestic violence and sexual assault programs.
(Sec. 1303) Directs the Attorney General to: (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), and the Parental Kidnaping Prevention Act of 1980, 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.
Requires the Attorney General, in carrying out such requirement with respect to the Parental Kidnaping Prevention Act of 1980, to 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.
Authorizes appropriations. Amends the Federal judicial code to provide that a child custody determination made by a court of a State is consistent with full faith and credit provisions only if specified conditions are met, including that it is necessary in an emergency to protect the child because the child, a sibling, or a parent has been subjected to or threatened with mistreatment or abuse.
Title IV: Strengthening Education and Training to Combat Violence Against Women - Amends the Public Health Service Act to direct the Secretary of HHS, in awarding 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) hotlines; (3) training programs for professionals; (4) the preparation of informational material; (5) education and training programs for students and campus personnel designed to reduce the incidence of sexual assault at colleges and universities; (6) education to increase awareness about drugs used to facilitate rapes or sexual assaults; and (7) other efforts to increase awareness of, or to help prevent, sexual assault, including efforts to increase awareness in underserved communities and awareness among individuals with disabilities.
Directs the Secretary, through the National Resource Center on Sexual Assault, to provide resource information, policy, training, and technical assistance to Federal, State, 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.
(Sec. 1402) Directs the Attorney General, in consultation with the Secretary of HHS, to make 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. Authorizes appropriations.
(Sec. 1403) Amends FVPSA to reauthorize appropriations for demonstration grants for community initiatives. Authorizes appropriations.
(Sec. 1404) Directs the Attorney General: (1) to 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 National Academy of Sciences report entitled "Understanding Violence Against Women"; and (2) within one year, in consultation with the Department of HHS, to submit to Congress a report including a description of the research agenda developed, a plan to implement that agenda, and 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. Authorizes appropriations.
(Sec. 1405) Directs the Attorney General to: (1) evaluate existing standards of training and practice for licensed health care professionals performing sexual assault forensic examinations and develop a national recommended training standard; (2) recommend sexual assault forensic examination training for all health care students; (3) review national, State, and local protocols on sexual assault forensic examinations and develop a recommended national protocol and a mechanism for its nationwide dissemination; and (4) consult with national, State, tribal, and local experts in the area of rape and sexual assault. Sets forth reporting requirements. Authorizes appropriations.
(Sec. 1406) Amends the Equal Justice for Women in the Courts Act of 1994 (EJWCA) to permit the use of training grants for judges and court personnel to: (1) address child custody, visitation, and safety issues raised by domestic violence and child sexual assault; and (2) examine the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice.
Modifies Federal judicial code provisions regarding continuing education and training to direct the Federal Judicial Center to: (1) include in the educational programs it prepares information on the aspects of the topics listed in EJWCA that pertain to issues within the jurisdiction of the Federal courts; and (2) prepare materials necessary to implement this section.
Revises EJWCA to direct the State Justice Institute to ensure that model programs carried out pursuant to grants are developed with the participation of specified parties, including national, State, tribal, and local domestic violence and sexual assault programs and coalitions.
Authorizes the Institute to use up to five percent of appropriated funds for annually compiling and broadly disseminating information about the use of funds and about the projects funded, including any evaluations of the projects and information to enable the replication and adoption of the projects.
Includes within grants authorized under EJWCA training on dating violence.
(Sec. 1407) Amends VAWA to direct the Attorney General to establish a domestic violence task force, comprised of representatives from all Federal agencies that fund research on domestic violence issues. Directs that appropriated funds 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. Requires the task force to report annually to Congress. Authorizes appropriations.
Title V: Battered Immigrant Women - Battered Immigrant Women Protection Act of 2000 - Amends the INA to: (1) define "intended spouse"; and (2) allow a person who was, within the last two years, a spouse of a U.S. citizen who has renounced citizenship status within such period related to an incident of domestic violence, to file a petition for immediate relative status.
Modifies provisions regarding: (1) self-petitioning children to provide for the filing of petitions under specified circumstances by a spouse, intended spouse, or child living abroad of a citizen who is a U.S. Government employee or a member of the uniformed services, or who has subjected the alien or the alien's child to battery or extreme cruelty in the United States; and (2) second preference immigration status for self-petitioners married to lawful permanent residents to provide for the filing of such petitions under specified circumstances by a bona fide spouse of a lawful permanent resident who, within the past two years, lost status within such period due to an incident of domestic violence or who demonstrates a connection between the legal termination of the marriage during such period and battering or extreme cruelty by the lawful permanent resident spouse.
Revises provisions regarding good moral character determinations for self-petitioners and treatment of child self-petitioners and petitions including derivative children attaining age 21. Specifies that an act or conviction that is waivable with respect to the petitioner for purposes of a determination of the petitioner's admissibility or deportability shall not bar the Attorney General from finding the petitioner to be of good moral character if the Attorney General finds that the act or conviction was connected to the alien's having been battered or subjected to extreme cruelty.
Directs that a child who attains age 21 and has filed a petition which demonstrates that the alien has been battered or subjected to extreme cruelty perpetrated by the alien's citizen parent be considered for preference status. Specifies that no new petition shall be required to be filed. Makes such individual eligible for deferred action and work authorization.
Provides for access to naturalization for divorced victims of abuse.
(Sec. 1504) Amends the INA to authorize the Attorney General to 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 specified circumstances apply, including that the alien: (1) has been battered or subjected to extreme cruelty (battered) by a spouse or parent who is(current law) or was a U.S. citizen or who is the parent of a child of a citizen who has been battered by such citizen parent; (2) has been battered by a spouse or parent who is or was a lawful permanent resident; or (3) has been battered by a U.S. citizen or lawful permanent resident whom the alien intended to marry, but whose marriage is not legitimate because of that citizen's or lawful permanent resident's bigamy; and (4) has been physically present in the United States for a continuous period of not less than three years immediately preceding the date of such application (current law) and the issuance of a charging document for removal proceedings shall not toll the three-year period of continuous physical presence in the United States.
Specifies that 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 perpetrated against the alien. Authorizes the Attorney General to grant a waiver, despite certain acts or convictions that would otherwise bar the Attorney General from finding the alien to be of good moral character, upon finding that the act or conviction was connected to the alien's having been battered. Directs the Attorney General to consider any credible evidence relevant to the application.
Requires the Attorney General to grant parole to any alien who is: (1) a child of an alien granted relief as a battered alien; or (2) a parent of a child alien granted relief. Directs that the grant of parole be extended from the time of the grant of relief to the time the application for adjustment of status filed by aliens covered under this section has been finally adjudicated.
(Sec. 1505) Amends the INA to authorize the Attorney General to waive a prohibition against admission of an alien unlawfully present after previous immigration violations in the case of certain aliens where there is a connection between the alien's having been battered and the alien's removal, departure from the United States, reentry or reentries into the United States, or attempted reentry into the United States.
Specifies that the Attorney General is not limited by the criminal court record and may waive the application of provisions regarding deportation for crimes of domestic violence, stalking, and child abuse in the case of an alien who has been battered and who is not and was not the primary perpetrator of violence in the relationship upon a determination that the alien: (1) was acting in self-defense; (2) was found to have violated a protection order intended to protect the alien; or (3) committed, was arrested for, was convicted of, or pled guilty to a crime that did not result in serious bodily injury where there was a connection between the crime and the alien's having been battered. Directs the Attorney General, in acting on applications in such cases, to consider any credible evidence relevant to the application.
Provides for waivers of inadmissibility for misrepresentation, and of deportability, with respect to battered spouses of U.S. citizens and lawful permanent residents. Specifies that, in determining whether such an alien is inadmissible or ineligible to receive an immigrant visa or otherwise to adjust to the status of permanent resident by reason of likelihood to become a public charge, the consular officer or the Attorney General shall not consider any benefits the alien may have received that were authorized under provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 relating to the treatment of certain battered aliens.
Requires the Attorney General to report to the Senate and House Judiciary Committees regarding: (1) the policy and procedures of the Immigration and Naturalization Service under which an alien who has been battered or subjected to extreme cruelty who is eligible for suspension of deportation or cancellation of removal can request 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 in each district; and (4) the average length of time at each Immigration and Naturalization office between the date that an alien subject to battering or extreme cruelty 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) Amends INA to remove certain: (1) barriers to adjustment of status for victims of domestic violence; (2) barriers to cancellation of removal and suspension of deportation for such victims; and (3) time limitations on motions to reopen removal and deportation proceedings for such victims.
(Sec. 1507) Amends INA provisions regarding procedure for granting immigrant status to include "divorce" within changes to an abuser's citizenship status which shall not adversely affect the approval a petition.
(Sec. 1508) Grants access to: (1) the Cuban Adjustment Act for battered immigrant spouses and children; (2) the Nicaraguan Adjustment and Central American Relief Act for battered spouses and children; (3) the Haitian Refugee Fairness Act of 1998 for battered spouses and children; and (4) services and legal representation for battered immigrants (under the Safe Streets Act, the VCCLEA, and the Higher Education Amendments of 1998).
(Sec. 1513) Amends the INA to establish a humanitarian/material witness "U" non-immigrant classification. Sets forth requirements with respect to U visas, including petitioning procedures, numerical limitations, duties of the Attorney General, consideration of credible evidence relevant to the petition, and non-exclusive relief.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to prohibit adverse determinations of admissibility or deportability in t he case of an alien applying for U status. Sets forth provisions regarding: (1) waiver of grounds of ineligibility for admission; and (2) adjustment to permanent resident status.
Title VI: Miscellaneous - Campus Sex Crimes Prevention Act - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to require any person who is required to register in a State to provide notice of each: (1) institution of higher education in that State at which the person is employed, carries on a vocation, or is a student; and (2) change of enrollment or employment status of such person at such an institution.
Requires that State procedures ensure that the registration information collected is: (1) promptly made available to a law enforcement agency having jurisdiction where such institution is located; and(2) entered into the appropriate State records or data system.
Amends the Higher Education Act of 1965 to require that institutions currently required to disclose campus security policy and campus crime statistics data also advise the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained.
Amends the Family Educational Rights and Privacy Act of 1974 to specify that such Act may not be construed to prohibit an educational institution from disclosing information provided to the institution under the Wetterling Act concerning registered sex offenders who are required to register.
(Sec. 1602) Teen Suicide Prevention Act of 2000 - Directs the Secretary of HHS to carry out 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 such youth from receiving treatment. Authorizes appropriations.
(Sec. 1603) Designates the calendar decade beginning January 1, 2001, as the "Decade of Pain Control and Research."
Division C: Miscellaneous Provisions - Aimee's Law - Requires the Attorney General to transfer, from the Federal law enforcement assistance funds allocated but not distributed to one or more States that convicted a person of murder, rape, or a dangerous sexual offense, to a State that convicts that person of a subsequent such offense, an amount equal to the cost of incarceration, prosecution, and apprehension of such person where: (1) the average term of imprisonment imposed by the State for the prior offense is less than ten percent above the average term of imprisonment imposed for that offense in all States; or (2) the person had served less than 85 percent of the term of imprisonment to which that person was sentenced for the prior offense. Specifies that: (1) 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; and (2) the Attorney General shall provide a State with an opportunity to select the specific Federal law enforcement assistance funds to be so reduced (other than Federal crime victim assistance funds).
Makes the above inapplicable if the convicted person has been released from prison upon the reversal of the conviction and has been convicted subsequently of such offense.
Directs the Attorney General to collect and maintain, with respect to each State, information relating to: (1) the number of convictions during a calendar year for rape, for murder, and for any dangerous sexual offense in which, at the time of the offense, the victim had not attained age 14 and the offender had attained age 18; and (2) the number of such convictions that constitute second or subsequent convictions. Directs the Attorney General to report to Congress on such information and on the percentage of cases in each State in which the individual convicted was previously convicted of another such offense in another State during the preceding calendar year.
Makes this section effective January 1, 2002.
(Sec. 2002) Provides for the payment by the Secretary of the Treasury of certain anti-terrorism judgments, including with respect to claims against Iran or Cuba. Expresses the sense of Congress that the President should not normalize U.S. relations with Iran until the claims subrogated have been dealt with to the satisfaction of the United States. Reaffirms the President's statutory authority to manage and vest foreign assets located in the United States for purposes of assisting and making payments to victims of terrorism. Amends the Federal judicial code to authorize the President to waive certain provisions regarding exceptions to immunity from attachment or execution relating to a claim in the interest of national security.
(Sec. 2003) Rewrites provisions of the Victims of Crime Act of 1984 regarding compensation and assistance to victims of terrorism or mass violence to authorize the Director of the Office for Victims of Crime to make supplemental grants 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.
Defines "victim": (1) to mean a person who is a national of the United States or an officer or employee of the U.S. Government who is injured or killed as a result of a terrorist act or mass violence occurring outside the United States; and (2) in the case of such a person who is less than 18 years of age, incompetent, incapacitated, or deceased, to include a family member or legal guardian of that person.
Specifies that: (1) nothing in this section shall be construed to allow the Director to make grants to any foreign power or to any domestic or foreign organization operated for the purpose of engaging in any significant political or lobbying activities; and (2) this section 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.
Requires the Director to establish guidelines to specify the categories of organizations and agencies to which the Director may make grants herein.
Increases the cap on the emergency reserve fund. Directs that amounts awarded and unspent be available for deposit into the emergency reserve fund at the Director's discretion.
Authorizes the Director to use the emergency reserve 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, subject to specified requirements. Requires the Director to annually submit to Congress a report on the status and activities of the program.
Directs that all sums deposited into the Crime Victims Fund in any fiscal year that are not made available for obligation by Congress in the subsequent fiscal year remain in the Fund for obligation in future fiscal years, without fiscal year limitation.
(Sec. 2004) Amends the Webb-Kenyon Act to authorize a State attorney general who has reasonable cause to believe that a person is engaged in, or has engaged in, any act that would constitute a violation of State law regulating the importation or transportation of any intoxicating liquor, to bring a civil action for injunctive relief against the person, as necessary to restrain the person from engaging (or continuing to engage) in the violation and to enforce compliance with State law. Grants the U.S. district courts jurisdiction over any action brought herein against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. Sets forth provisions regarding: (1) venue, form of relief, and absence of a right to jury trial; and (2) requirements for injunctions and orders; and (3) additional remedies. Specifies that nothing in this section may be construed to: (1) modify or supersede the operation of the Internet Tax Freedom Act; or (2) authorize an injunction against an interactive computer service or an electronic communication service used by another person for such prohibited activity or an injunction prohibiting the advertising or marketing of intoxicating liquor, under specified circumstances. Directs the Attorney General to carry out a study to determine the impact of this section and submit the results of such study.