Revises provisions of the Federal criminal code governing the full faith and credit of protection orders.
Designates State, local, and Indian tribal courts as eligible grantees under the program to combat violent crimes against women.
Reauthorizes through FY 2005 various programs which address violence against women, including domestic violence and stalking offenses.
Title II: Strengthening Services to Victims of Violence - Authorizes the AG to award grants to increase the availability of legal assistance to victims of domestic violence, stalking, or sexual assault.
Reauthorizes through FY 2005 various grants and programs under the Family Violence Prevention and Services Act.
Title III: Limiting the Effects of Violence on Children - Authorizes the AG to make grants to States, local governments, and Indian tribal governments for the provision of supervised visitation and safe visitation exchange of children by and between parents in situations involving domestic violence, child abuse, or sexual assault. Reauthorizes through FY 2005 runaway and homeless youth grants and programs for victims of child abuse.
Title IV: Strengthening Education and Training to Combat Violence Against Women - Authorizes the Secretary of Health and Human Services to award grants for model programs of education and training in appropriate responses to victims of domestic violence and sexual assault.
Title V: Battered Immigrant Women - Battered Immigrant Women Protection Act of 2000 - Amends the Immigration and Nationality Act to provide certain protections to battered immigrant women.
Title VI: Extension of Violent Crime Reduction Trust Fund - Extends through FY 2005 the Violent Crime Reduction Trust Fund.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2787 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2787
To reauthorize the Federal programs to prevent violence against women,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26, 2000
Mr. Biden (for himself, Mr. Hatch, Mr. Leahy, Mr. Abraham, Mr. Kennedy,
Mr. Specter, Mr. Kohl, Mr. Roth, Mrs. Feinstein, Mr. Jeffords, Mr.
Torricelli, Ms. Snowe, Mr. Schumer, Mr. DeWine, Mrs. Murray, Mr.
Ashcroft, Ms. Landrieu, Mr. Murkowski, Mr. Lautenberg, Mr. Santorum,
Mr. Reid, Ms. Collins, Mr. Reed, Mrs. Hutchison, Mr. Dodd, Mr. L.
Chafee, Mr. Kerry, Mr. Allard, Ms. Mikulski, Mr. Smith of Oregon, Mr.
Robb, Mr. Wellstone, Mr. Sarbanes, Mr. Daschle, Mr. Bryan, Mr. Johnson,
Mr. Bingaman, Mr. Lieberman, Mr. Levin, Mr. Byrd, Mr. Cleland, Mr.
Dorgan, Mr. Edwards, Mr. Hollings, Mr. Breaux, Mr. Kerrey, Mr. Harkin,
Mr. Bayh, Mr. Graham, and Mr. Baucus) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reauthorize the 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Violence Against
Women Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Accountability and oversight.
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN
Sec. 101. Full faith and credit enforcement of protection orders.
Sec. 102. Role of courts.
Sec. 103. Reauthorization of STOP grants.
Sec. 104. Reauthorization of grants to encourage arrest policies.
Sec. 105. Reauthorization of rural domestic violence and child abuse
enforcement grants.
Sec. 106. National stalker and domestic violence reduction.
Sec. 107. Amendments to domestic violence and stalking offenses.
Sec. 108. Grants to reduce violent crimes against women on campus.
TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE
Sec. 201. Legal assistance for victims.
Sec. 202. Shelter services for battered women and children.
Sec. 203. Transitional housing assistance for victims of domestic
violence.
Sec. 204. National domestic violence hotline.
Sec. 205. Federal victims counselors.
Sec. 206. Study of State laws regarding insurance discrimination
against victims of violence against women.
Sec. 207. Study of workplace effects from violence against women.
Sec. 208. Study of unemployment compensation for victims of violence
against women.
Sec. 209. Enhancing protections for older women from domestic violence
and sexual assault.
TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
Sec. 301. Safe havens for children pilot program.
Sec. 302. Reauthorization of runaway and homeless youth grants.
Sec. 303. Reauthorization of victims of child abuse programs.
Sec. 304. Report on effects of parental kidnapping laws in domestic
violence cases.
TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE
AGAINST WOMEN
Sec. 401. Education and training in appropriate responses to violence
against women.
Sec. 402. Rape prevention and education.
Sec. 403. Education and training to end violence against and abuse of
women with disabilities.
Sec. 404. Community initiatives.
Sec. 405. Development of research agenda identified by the Violence
Against Women Act of 1994.
TITLE V--BATTERED IMMIGRANT WOMEN
Sec. 501. Short title.
Sec. 502. Findings and purposes.
Sec. 503. Improved access to immigration protections of the Violence
Against Women Act of 1994 for battered
immigrant women.
Sec. 504. Improved access to cancellation of removal and suspension of
deportation under the Violence Against
Women Act of 1994.
Sec. 505. Offering equal access to immigration protections of the
Violence Against Women Act of 1994 for all
qualified battered immigrant self-
petitioners.
Sec. 506. Restoring immigration protections under the Violence Against
Women Act of 1994.
Sec. 507. Remedying problems with implementation of the immigration
provisions of the Violence Against Women
Act of 1994.
Sec. 508. Technical correction to qualified alien definition for
battered immigrants.
Sec. 509. Access to Cuban Adjustment Act for battered immigrant spouses
and children.
Sec. 510. Access to the Nicaraguan Adjustment and Central American
Relief Act for battered spouses and
children.
Sec. 511. Access to the Haitian Refugee Fairness Act of 1998 for
battered spouses and children.
Sec. 512. Access to services and legal representation for battered
immigrants.
TITLE VI--EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND
Sec. 601. Extension of Violent Crime Reduction Trust Fund.
SEC. 2. DEFINITIONS.
In this Act--
(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. 3. 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 Act or an
amendment made by this Act 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 annually to the
Committees on the Judiciary of the House of Representatives and the
Senate on the grant programs described in subsection (a), including the
information contained in any report under that subsection.
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN
SEC. 101. 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) will give priority to using the grant to develop and
install data collection and communication systems, including
computerized systems, and training on how to use these systems
effectively to link police, prosecutors, courts, and tribal
jurisdictions for the purpose of identifying and tracking
protection orders and violations of protection orders, in those
jurisdictions where such systems do not exist or are not fully
effective.''; and
(B) by adding at the end the following:
``(c) Dissemination of Information.--The Attorney General shall
annually compile and broadly disseminate (including through electronic
publication) information about successful data collection and
communication systems that meet the purposes described in this section.
Such dissemination shall target States, State and local courts, Indian
tribal governments, and units of local government.''.
(b) Protection Orders.--
(1) Filing costs.--Section 2006 of part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-5) is amended--
(A) in the heading, by striking ``filing'' and
inserting ``and protection orders'' after ``charges'';
(B) in subsection (a)--
(i) by striking paragraph (1) and inserting
the following:
``(1) certifies that its laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or service
of a protection order, or a petition for a protection order, to
protect a victim of domestic violence, stalking, or sexual
assault, that the victim bear the costs associated with the
filing of criminal charges against the offender, or the costs
associated with the filing, issuance, registration, or service
of a warrant, protection order, petition for a protection
order, or witness subpoena, whether issued inside or outside
the State, tribal, or local jurisdiction; or''; and
(ii) in paragraph (2)(B), by striking ``2
years'' and inserting ``2 years after the date
of enactment of the Violence Against Women Act
of 2000''; and
(C) by adding at the end the following:
``(c) Definition.--In this section, the term `protection order' has
the meaning given the term in section 2266 of title 18, United States
Code.''.
(2) Eligibility for grants to encourage arrest policies.--
Section 2101 of part U of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
(A) in subsection (c), by striking paragraph (4)
and inserting the following:
``(4) certify that their laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or service
of a protection order, or a petition for a protection order, to
protect a victim of domestic violence, stalking, or sexual
assault, that the victim bear the costs associated with the
filing of criminal charges against the offender, or the costs
associated with the filing, issuance, registration, or service
of a warrant, protection order, petition for a protection
order, or witness subpoena, whether issued inside or outside
the State, tribal, or local jurisdiction.''; and
(B) by adding at the end the following:
``(d) Definition.--In this section, the term `protection order' has
the meaning given the term in section 2266 of title 18, United States
Code.''.
(3) Application for grants to encourage arrest policies.--
Section 2102(a)(1)(B) of part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
1(a)(1)(B)) is amended by inserting before the semicolon the
following: ``or, in the case of the condition set forth in
subsection 2101(c)(4), the expiration of the 2-year period
beginning on the date of enactment of the Violence Against
Women Act of 2000''.
(4) Registration for protection orders.--Section 2265 of
title 18, United States Code, is amended by adding at the end
the following:
``(d) Registration.--
``(1) In general.--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 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 required.--Any
protection order that is otherwise consistent with this section
shall be accorded full faith and credit, notwithstanding any
requirement that the order be registered or filed in the
enforcing State or tribal jurisdiction.
``(e) Notice.--A protection order that is otherwise consistent with
this section shall be accorded full faith and credit and enforced
notwithstanding the failure to provide notice to the party against whom
the order is made of its registration or filing in the enforcing State
or Indian tribe.
``(f) Tribal Court Jurisdiction.--For purposes of this section, a
tribal court shall have full civil jurisdiction over domestic relations
actions, including authority to enforce its orders through civil
contempt proceedings, exclusion of violators from Indian lands, and
other appropriate mechanisms, in matters arising within the authority
of the tribe and in which at least 1 of the parties is an Indian.''.
(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. 102. ROLE OF COURTS.
(a) Courts as Eligible STOP Subgrantees.--Part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et
seq.) is amended--
(1) in section 2001--
(A) in subsection (a), by striking ``Indian tribal
governments,'' and inserting ``State and local courts
(including juvenile courts), Indian tribal governments,
tribal courts,''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``,
judges, other court personnel,'' after ``law
enforcement officers'';
(ii) in paragraph (2), by inserting ``,
judges, other court personnel,'' after ``law
enforcement officers''; and
(iii) in paragraph (3), by inserting ``,
court,'' after ``police''; and
(2) in section 2002--
(A) in subsection (a), by inserting ``State and
local courts (including juvenile courts),'' after
``States,'' the second place it appears;
(B) in subsection (c), by striking paragraph (3)
and inserting the following:
``(3) of the amount granted--
``(A) not less than 25 percent shall be allocated
to police and not less than 25 percent shall be
allocated to prosecutors;
``(B) not less than 30 percent shall be allocated
to victim services; and
``(C) not less than 5 percent shall be allocated
for State and local courts (including juvenile courts);
and''; and
(C) in subsection (d)(1), by inserting ``court,''
after ``law enforcement,''.
(b) Eligible Grantees; Use of Grants for Education.--Section 2101
of part U of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796hh) is amended--
(1) in subsection (a), by inserting ``State and local
courts (including juvenile courts), tribal courts,'' after
``Indian tribal governments,'';
(2) in subsection (b)--
(A) by inserting ``State and local courts
(including juvenile courts),'' after ``Indian tribal
governments'';
(B) in paragraph (2), by striking ``policies and''
and inserting ``policies, educational programs, and'';
(C) in paragraph (3), by inserting ``parole and
probation officers,'' after ``prosecutors,''; and
(D) in paragraph (4), by inserting ``parole and
probation officers,'' after ``prosecutors,'';
(3) in subsection (c), by inserting ``State and local
courts (including juvenile courts),'' after ``Indian tribal
governments''; and
(4) by adding at the end the following:
``(e) Allotment for Indian Tribes.--Not less than 5 percent of the
total amount made available for grants under this section for each
fiscal year shall be available for grants to Indian tribal
governments.''.
SEC. 103. 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 from the Violent
Crime Reduction Trust Fund established under section 310001 of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211)
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 ``; and''; 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 and domestic
violence.''; and
(B) by adding at the end the following:
``(c) State Coalition Grants.--
``(1) Purpose.--The Attorney General shall award grants to
each State domestic violence coalition and sexual assault
coalition for the purposes of coordinating State victim
services activities, and collaborating and coordinating with
Federal, State, and local entities engaged in violence against
women activities.
``(2) Grants to state coalitions.--The Attorney General
shall award grants to--
``(A) each State domestic violence coalition, as
determined by the Secretary of Health and Human
Services through the Family Violence Prevention and
Services Act (42 U.S.C. 10410 et seq.); and
``(B) each State sexual assault coalition, as
determined by the Center for Injury Prevention and
Control of the Centers for Disease Control and
Prevention under the Public Health Service Act (42
U.S.C. 280b et seq.).
``(3) Eligibility for other grants.--Receipt of an award
under this subsection by each State domestic violence and
sexual assault coalition shall not preclude the coalition from
receiving additional grants under this part to carry out the
purposes described in subsection (b).'';
(2) in section 2002(b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively;
(B) in paragraph (1), by striking ``4 percent'' and
inserting ``5 percent'';
(C) in paragraph (4), 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 \1/53\ 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 \1/53\ of the total
amount made available under this paragraph for each fiscal
year;'';
(3) in section 2003--
(A) in paragraph (7), by striking ``geographic
location'' and all that follows through ``physical
disabilities'' and inserting ``race, ethnicity, age,
disability, religion, alienage status, language
barriers, geographic location (including rural
isolation), and any other populations determined to be
underserved''; and
(B) in paragraph (8), by striking ``assisting
domestic violence or sexual assault victims through the
legal process'' and inserting ``providing assistance
for victims seeking necessary support services as a
consequence of domestic violence or sexual assault'';
and
(4) in section 2004(b)(3), by inserting ``, and the
membership of persons served in any underserved population''
before the semicolon.
SEC. 104. 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 from the Violent
Crime Reduction Trust Fund established under section 310001 of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211)
to carry out part U $65,000,000 for each of fiscal years 2001 through
2005.''.
SEC. 105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT GRANTS.
(a) Reauthorization.--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
from the Violent Crime Reduction Trust Fund established under
section 310001 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. 106. 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 from the Violent Crime
Reduction Trust Fund established under section 310001 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. 107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES.
(a) Interstate Domestic Violence.--Section 2261 of title 18, United
States Code, is amended by striking subsection (a) and inserting the
following:
``(a) Offenses.--
``(1) Travel or conduct of offender.--A person who travels
in interstate or foreign commerce or enters or leaves Indian
country with the intent to kill, injure, harass, or intimidate
a spouse or intimate partner, and who, in the course of or as a
result of such travel, commits or attempts to commit a crime of
violence against that spouse or intimate partner, shall be
punished as provided in subsection (b).
``(2) Causing travel of victim.--A person who causes a
spouse or intimate partner to travel in interstate or foreign
commerce or to enter or leave Indian country by force,
coercion, duress, or fraud, and who, in the course of, as a
result of, or to facilitate such conduct or travel, commits or
attempts to commit a crime of violence against that spouse or
intimate partner, shall be punished as provided in subsection
(b).''.
(b) Interstate Stalking.--Section 2261A of title 18, United States
Code, is amended to read as follows:
``Sec. 2261A. Interstate stalking
``Whoever--
``(1) with the intent to kill, injure, harass, or
intimidate another person, engages within the special maritime
and territorial jurisdiction of the United States in conduct
that places that person in reasonable fear of the death of, or
serious bodily injury (as defined in section 2266) to, that
person or a member of the immediate family (as defined in
section 115) of that person; or
``(2) with the intent to kill, injure, harass, or
intimidate another person, travels in interstate or foreign
commerce, or enters or leaves Indian country, and, in the
course of or as a result of such travel, engages in conduct
that places that person in reasonable fear of the death of, or
serious bodily injury (as defined in section 2266) to, that
person or a member of the immediate family (as defined in
section 115) of that person,
shall be punished as provided in section 2261(b).''.
(c) Interstate Violation of Protection Order.--Section 2262 of
title 18, United States Code, is amended by striking subsection (a) and
inserting the following:
``(a) Offenses.--
``(1) Travel or conduct of offender.--A person who travels
in interstate or foreign commerce, or enters or leaves Indian
country, with the intent to engage in conduct that violates the
portion of a protection order that prohibits or provides
protection against violence, threats, or harassment against,
contact or communication with, or physical proximity to,
another person, or that would violate such a portion of a
protection order in the jurisdiction in which the order was
issued, and subsequently engages in such conduct, shall be
punished as provided in subsection (b).
``(2) Causing travel of victim.--A person who causes
another person to travel in interstate or foreign commerce or
to enter or leave Indian country by force, coercion, duress, or
fraud, and in the course of, as a result of, or to facilitate
such conduct or travel engages in conduct that violates the
portion of a protection order that prohibits or provides
protection against violence, threats, or harassment against,
contact or communication with, or physical proximity to,
another person, or that would violate such a portion of a
protection order in the jurisdiction in which the order was
issued, shall be punished as provided in subsection (b).''.
(d) Definitions.--Section 2266 of title 18, United States Code, is
amended to read as follows:
``Sec. 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) 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.
``(3) Indian country.--The term `Indian country' has the
meaning stated in section 1151 of this title.
``(4) 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) 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.
``(5) Serious bodily injury.--The term `serious bodily
injury' has the meaning stated in section 2119(2).
``(6) Spouse or intimate partner.--The term `spouse or
intimate partner' includes--
``(A) a spouse, a former spouse, a person who
shares a child in common with the abuser, and a person
who cohabits or has cohabited with the abuser as a
spouse; 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.
``(7) State.--The term `State' includes a State of the
United States, the District of Columbia, a commonwealth,
territory, or possession of the United States.
``(8) 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. 108. 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 subsection (f)(1), by inserting ``by a person with
whom the victim has engaged in a social relationship of a
romantic or intimate nature,'' after ``cohabited with the
victim,''; and
(2) 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''.
TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE
SEC. 201. 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, criminal,
immigration, administrative, 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) Grant To Establish Database of Programs That Provide Legal
Assistance to Victims.--
(1) In general.--The Attorney General may make a grant to
establish, operate, and maintain a national computer database
of programs and organizations that provide legal assistance to
victims of domestic violence, stalking, and sexual assault.
(2) Database requirements.--A database established with a
grant under this subsection shall be--
(A) designed to facilitate the referral of persons
to programs and organizations that provide legal
assistance to victims of domestic violence, stalking,
and sexual assault; and
(B) operated in coordination with--
(i) the national domestic violence hotline
established under section 316 of the Family
Violence Prevention and Services Act; and
(ii) any comparable national sexual assault
hotline or other similar resource.
(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
from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section
$35,000,000 for each of fiscal years 2001 through 2005.
(2) Allocation of funds.--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.
(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. 202. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.
(a) State Shelter Grants.--Section 303(a)(2)(C) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is
amended by striking ``populations underserved because of ethnic,
racial, cultural, language diversity or geographic isolation'' and
inserting ``populations underserved because of race, ethnicity, age,
disability, religion, alienage status, geographic location (including
rural isolation), or language barriers, and any other populations
determined by the Secretary to be underserved''.
(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, the Commonwealth of the Northern Mariana Islands, and
the combined Freely Associated States shall each be allotted
not less than \1/8\ of 1 percent of the amounts available for
grants under section 303(a) for the fiscal year for which the
allotment is made; and
``(2) each State shall be allotted for payment in a grant
authorized under section 303(a), $600,000, with the remaining
funds to be allotted to each State in an amount that bears the
same ratio to such remaining funds as the population of such
State bears to the population of all States.'';
(2) in subsection (c), in the first sentence, by inserting
``and available'' before ``for grants''; and
(3) by adding at the end the following:
``(e) In subsection (a)(2), the term ``State'' does not include any
jurisdiction specified in subsection (a)(1).''.
(c) Secretarial Responsibilities.--Section 305(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10404(a)) is amended--
(1) by striking ``an employee'' and inserting ``1 or more
employees'';
(2) by striking ``of this title.'' and inserting ``of this
title, including carrying out evaluation and monitoring under
this title.''; and
(3) by striking ``The individual'' and inserting ``Any
individual''.
(d) Resource Centers.--Section 308 of the Family Violence
Prevention and Services Act (42 U.S.C. 10407) is amended--
(1) in subsection (a)(2), by inserting ``on providing
information, training, and technical assistance'' after
``focusing''; and
(2) in subsection (c), by adding at the end the following:
``(8) Providing technical assistance and training to local
entities carrying out domestic violence programs that provide
shelter, related assistance, or transitional housing
assistance.
``(9) Improving access to services, information, and
training, concerning family violence, within Indian tribes and
Indian tribal agencies.
``(10) Providing technical assistance and training to
appropriate entities to improve access to services,
information, and training concerning family violence occurring
in underserved populations.''.
(e) Conforming Amendment.--Section 309(6) of the Family Violence
Prevention and Services Act (42 U.S.C. 10408(6)) is amended by striking
``the Virgin Islands, the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands'' and inserting ``the United States
Virgin Islands, the Commonwealth of the Northern Mariana Islands, and
the combined Freely Associated States''.
(f) Reauthorization.--Section 310 of the Family Violence Prevention
and Services Act (42 U.S.C. 10409) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this title
$175,000,000 for each of fiscal years 2001 through 2005.
``(2) Source of funds.--Amounts made available under
paragraph (1) may be appropriated from the Violent Crime
Reduction Trust Fund established under section 310001 of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14211).'';
(2) in subsection (b), by striking ``under subsection
303(a)'' and inserting ``under section 303(a)'';
(3) in subsection (c), by inserting ``not more than the
lesser of $7,500,000 or'' before ``5''; and
(4) by adding at the end the following:
``(f) Evaluation, Monitoring, and Administration.--Of the amounts
appropriated under subsection (a) for each fiscal year, not more than 1
percent shall be used by the Secretary for evaluation, monitoring, and
administrative costs under this title.''.
(g) State Domestic Violence Coalition Grant Activities.--Section
311 of the Family Violence Prevention and Services Act (42 U.S.C.
10410) is amended--
(1) in subsection (a)(4), by striking ``underserved racial,
ethnic or language-minority populations'' and inserting
``underserved populations described in section 303(a)(2)(C)'';
and
(2) in subsection (c), by striking ``the U.S. Virgin
Islands, the Northern Mariana Islands, and the Trust Territory
of the Pacific Islands'' and inserting ``the United States
Virgin Islands, the Commonwealth of the Northern Mariana
Islands, and the Freely Associated States''.
SEC. 203. 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 new
section:
``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) short-term support services, including payment of
expenses and costs associated with transportation and job
training referrals, child care, counseling, transitional
housing identification and placement, and related services.
``(c) Term of Assistance.--An individual or dependent assisted
under this section may not receive assistance under this section for a
total of more than 12 months.
``(d) Reports.--
``(1) Report to secretary.--
``(A) In general.--An entity that receives a grant
under this section shall annually prepare and submit to
the Secretary a report describing the number of
individuals and dependents assisted, and the types of
housing assistance and support services provided, under
this section.
``(B) Contents.--Each report shall include
information on--
``(i) the purpose and amount of housing
assistance provided to each individual or
dependent assisted under this section;
``(ii) the number of months each individual
or dependent received the assistance;
``(iii) the number of individuals and
dependents who were eligible to receive the
assistance, and to whom the entity could not
provide the assistance solely due to a lack of
available housing; and
``(iv) the type of support services
provided to each individual or dependent
assisted under this section.
``(2) Report to congress.--The Secretary shall annually
prepare and submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of
the Senate a report that contains a compilation of the
information contained in reports submitted under paragraph (1).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section--
``(1) $25,000,000 for each of fiscal years 2001 through
2003; and
``(2) $30,000,000 for each of fiscal years 2004 and
2005.''.
SEC. 204. NATIONAL DOMESTIC VIOLENCE HOTLINE.
(a) Reauthorization.--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
from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section
$2,000,000 for each of fiscal years 2001 through 2005.''.
(b) Report Requirement.--Section 316 of the Family Violence
Prevention and Services Act (42 U.S.C. 10416) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Report by Grant Recipient.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Act of 2000, each
recipient of a grant under this section shall prepare and
submit to the Secretary a report that contains--
``(A) an evaluation of the effectiveness of the
activities carried out by the recipient with amounts
received under this section; and
``(B) such other information as the Secretary may
prescribe.
``(2) Notice and public comment.--The Secretary shall--
``(A) publish in the Federal Register a copy of the
report submitted by the recipient under this
subsection; and
``(B) allow not less than 90 days for notice of and
opportunity for public comment on the published
report.''.
SEC. 205. 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. 206. STUDY OF STATE LAWS REGARDING INSURANCE DISCRIMINATION
AGAINST VICTIMS OF VIOLENCE AGAINST WOMEN.
(a) In General.--The Attorney General shall conduct a national
study to identify State laws that address discrimination against
victims of domestic violence and sexual assault related to issuance or
administration of insurance policies.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Attorney General shall submit to Congress a report on the
findings and recommendations of the study required by subsection (a).
SEC. 207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST WOMEN.
The Attorney General shall--
(1) conduct a national survey of plans, programs, and
practices developed to assist employers and employees on
appropriate responses in the workplace related to victims of
domestic violence, stalking, or sexual assault; and
(2) not later than 18 months after the date of enactment of
this Act, submit to Congress a report describing the results of
that survey, which report shall include the recommendations of
the Attorney General to assist employers and employees affected
in the workplace by incidents of domestic violence, stalking,
and sexual assault.
SEC. 208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS OF VIOLENCE
AGAINST WOMEN.
The Secretary of Labor, in consultation with the Attorney General,
shall--
(1) conduct a national study to identify State laws that
address the separation from employment of an employee due to
circumstances directly resulting from the experience of
domestic violence by the employee and circumstances governing
that receipt (or nonreceipt) by the employee of unemployment
compensation based on such separation; and
(2) not later than 1 year after the date of enactment of
this Act, submit to Congress a report describing the results of
that study, together with any recommendations based on that
study.
SEC. 209. ENHANCING PROTECTIONS FOR OLDER WOMEN FROM DOMESTIC VIOLENCE
AND SEXUAL ASSAULT.
(a) Definition.--In this section, the term ``older individual'' has
the meaning given the term in section 102 of the Older Americans Act of
1965 (42 U.S.C. 3002).
(b) Protections for Older 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 is defined in
section 102 of the Older Americans Act of 1965) (42 U.S.C.
3002)).''.
(c) Protections for Older Individuals From Domestic Violence and
Sexual Assault in STOP Grants.--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(b)--
(A) in paragraph (7) (as amended by section 103(b)
of this Act), by striking ``and'' at the end;
(B) in paragraph (8) (as added by section 103(b) of
this Act), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(9) developing, enlarging, or strengthening programs to
assist law enforcement, prosecutors, courts, and others to
address the needs and circumstances of older 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 and
counseling services to such older individuals.''; and
(2) in section 2003(7) (as amended by section 103(b) of
this Act), by inserting after ``any other populations
determined to be underserved'' the following: ``, and the needs
of older individuals (as defined in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002)) who are victims of
family violence''.
(d) Enhancing Services for Older Individuals in Shelters.--Section
303(a)(2)(C) of the Family Violence Prevention and Services Act (42
U.S.C. 10402(a)(2)(C)) (as amended by section 202(a)(1) of this Act) is
amended by inserting after ``any other populations determined by the
Secretary to be underserved'' the following: ``, and the needs of older
individuals (as defined in section 102 of the Older Americans Act of
1965 (42 U.S.C. 3002)) who are victims of family violence''.
TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
SEC. 301. 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,
or sexual assault.
(b) Considerations.--In awarding grants under subsection (a), the
Attorney General shall take into account--
(1) the number of families to be served by the proposed
visitation programs and services;
(2) the extent to which the proposed supervised visitation
programs and services serve underserved populations (as defined
in section 2003 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2));
(3) with respect to an applicant for a contract or
cooperative agreement, the extent to which the applicant
demonstrates cooperation and collaboration with nonprofit,
nongovernmental entities in the local community served,
including the State domestic violence coalition, State sexual
assault coalition, local shelters, and programs for domestic
violence and sexual assault victims; and
(4) the extent to which the applicant demonstrates
coordination and collaboration with State and local court
systems, including mechanisms for communication and referral.
(c) Applicant Requirements.--The Attorney General shall award
grants for contracts and cooperative agreements to applicants that--
(1) demonstrate expertise in the area of family violence,
including the areas of domestic violence or sexual assault, as
appropriate;
(2) ensure that any fees charged to individuals for use of
programs and services are based on the income of those
individuals, unless otherwise provided by court order;
(3) demonstrate that adequate security measures, including
adequate facilities, procedures, and personnel capable of
preventing violence, are in place for the operation of
supervised visitation programs and services or safe visitation
exchange; and
(4) prescribe standards by which the supervised visitation
or safe visitation exchange will occur.
(d) Reporting.--
(1) In general.--Not later than 1 year after the last day
of the first fiscal year commencing on or after the date of
enactment of this Act, and not later than 180 days after the
last day of each fiscal year thereafter, the Attorney General
shall submit to Congress a report that includes information
concerning--
(A) the number of--
(i) individuals served and the number of
individuals turned away from visitation
programs and services and safe visitation
exchange (categorized by State);
(ii) the number of individuals from
underserved populations served and turned away
from services; and
(iii) the type of problems that underlie
the need for supervised visitation or safe
visitation exchange, such as domestic violence,
child abuse, sexual assault, other physical
abuse, or a combination of such factors;
(B) the numbers of supervised visitations or safe
visitation exchanges ordered under this section during
custody determinations under a separation or divorce
decree or protection order, through child protection
services or other social services agencies, or by any
other order of a civil, criminal, juvenile, or family
court;
(C) the process by which children or abused
partners are protected during visitations, temporary
custody transfers, and other activities for which
supervised visitation is established under this
section;
(D) safety and security problems occurring during
the reporting period during supervised visitation under
this section, including the number of parental
abduction cases; and
(E) the number of parental abduction cases in a
judicial district using supervised visitation programs
and services under this section, both as identified in
criminal prosecution and custody violations.
(2) Guidelines.--The Attorney General shall establish
guidelines for the collection and reporting of data under this
subsection.
(e) Authorization of Appropriations.--There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) 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. 302. REAUTHORIZATION OF RUNAWAY AND HOMELESS YOUTH GRANTS.
Section 388(a) of the Runaway and Homeless Youth Act (42 U.S.C.
5751(a)) is amended by striking paragraph (4) and inserting the
following:
``(4) Part e.--There is authorized to be appropriated from
the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out part E $22,000,000
for each of fiscal years 2001 through 2005.''.
SEC. 303. 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 from
the Violent Crime Reduction Trust Fund established under section 310001
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14211) 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 from
the Violent Crime Reduction Trust Fund established under section 310001
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14211) 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 from the Violent Crime
Reduction Trust Fund established under section 310001 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to
carry out part N $1,000,000 for each of fiscal years 2001 through
2005.''.
(d) Dissemination of Information.--The Attorney General shall--
(1) annually compile and disseminate information (including
through electronic publication) about the use of amounts
expended and the projects funded under section 218(a) of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)),
section 224(a) of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13024(a)), and section 1007(a)(7) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(7)), including any evaluations of the projects and
information to enable replication and adoption of the
strategies identified in the projects; and
(2) focus dissemination of the information described in
paragraph (1) toward community-based programs, including
domestic violence and sexual assault programs.
SEC. 304. 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 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. 401. EDUCATION AND TRAINING IN APPROPRIATE RESPONSES TO VIOLENCE
AGAINST WOMEN.
(a) Authority.--The Secretary of Health and Human Services, in
consultation with the Attorney General, may award grants in accordance
with this section to public and private nonprofit entities that, in the
determination of the Secretary, have--
(1) nationally recognized expertise in the areas of
domestic violence and sexual assault; and
(2) a record of commitment and quality responses to reduce
domestic violence and sexual assault.
(b) Purpose.--Grants under this section may be used for the
purposes of developing, testing, presenting, and disseminating model
programs to provide education and training in appropriate and effective
responses to victims of domestic violence and sexual assault
(including, as appropriate, the effects of domestic violence on
children) for individuals (other than law enforcement officers and
prosecutors) who are likely to come into contact with such victims
during the course of their employment, including--
(1) caseworkers, supervisors, administrators,
administrative law judges, and other individuals administering
Federal and State benefits programs, such as child welfare and
child protective services, Temporary Assistance to Needy
Families, social security disability, child support, medicaid,
unemployment, workers' compensation, and similar programs; and
(2) medical and health care professionals, including mental
and behavioral health professionals such as psychologists,
psychiatrists, social workers, therapists, counselors, and
others.
(c) Authorization of Appropriations.--There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for
each of fiscal years 2001 through 2003.
SEC. 402. RAPE PREVENTION AND EDUCATION.
(a) In General.--Part J of title III of the Public Health Service
Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393A
the following:
``SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
``(a) Permitted Use.--The Secretary, acting through the National
Center for Injury Prevention and Control at the Centers for Disease
Control and Prevention, shall award targeted grants to States to be
used for rape prevention and education programs conducted by rape
crisis centers, State sexual assault coalitions, and other public and
private nonprofit entities for--
``(1) educational seminars;
``(2) the operation of hotlines;
``(3) training programs for professionals;
``(4) the preparation of informational material;
``(5) education and training programs for students and
campus personnel designed to reduce the incidence of sexual
assault at colleges and universities;
``(6) education to increase awareness about drugs used to
facilitate rapes or sexual assaults; and
``(7) other efforts to increase awareness of the facts
about, or to help prevent, sexual assault, including efforts to
increase awareness in underserved communities and awareness
among individuals with disabilities (as defined in section 3 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
``(b) Collection and Dissemination of Information on Sexual
Assault.--The Secretary shall, through the National Resource Center on
Sexual Assault established under the National Center for Injury
Prevention and Control at the Centers for Disease Control and
Prevention, provide resource information, policy, training, and
technical assistance to Federal, State, local, and Indian tribal
agencies, as well as to State sexual assault coalitions and local
sexual assault programs and to other professionals and interested
parties on issues relating to sexual assault, including maintenance of
a central resource library in order to collect, prepare, analyze, and
disseminate information and statistics and analyses thereof relating to
the incidence and prevention of sexual assault.
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section,
$50,000,000 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. 403. 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 and
nongovernmental private entities to provide education and technical
assistance for the purpose of providing training, consultation, and
information on domestic violence, stalking, and sexual assault against
women who are individuals with disabilities (as defined in section 3 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
(b) Priorities.--In awarding grants under this section, the
Attorney General shall give priority to applications designed to
provide education and technical assistance on--
(1) the nature, definition, and characteristics of domestic
violence, stalking, and sexual assault experienced by women who
are individuals with disabilities;
(2) outreach activities to ensure that women who are
individuals with disabilities who are victims of domestic
violence, stalking, and sexual assault receive appropriate
assistance;
(3) the requirements of shelters and victim services
organizations under Federal anti-discrimination laws, including
the Americans with Disabilities Act of 1990 and section 504 of
the Rehabilitation Act of 1973; and
(4) cost-effective ways that shelters and victim services
may accommodate the needs of individuals with disabilities in
accordance with the Americans with Disabilities Act of 1990.
(c) Uses of Grants.--Each recipient of a grant under this section
shall provide information and training to organizations and programs
that provide services to individuals with disabilities, including
independent living centers, disability-related service organizations,
and domestic violence programs providing shelter or related assistance.
(d) Authorization of Appropriations.--There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for
each of fiscal years 2001 through 2005.
SEC. 404. COMMUNITY INITIATIVES.
Section 318 of the Family Violence Prevention and Services Act (42
U.S.C. 10418) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) by redesignating subparagraph (H) as
subparagraph (I); and
(C) by inserting after subparagraph (G) the
following:
``(H) groups that provide services to individuals
with disabilities;''; and
(2) by striking subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for
each of fiscal years 2001 through 2005.''.
SEC. 405. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE VIOLENCE
AGAINST WOMEN ACT OF 1994.
(a) In General.--The Attorney General shall--
(1) direct the National Institute of Justice, in
consultation and coordination with the Bureau of Justice
Statistics and the National Academy of Sciences, through its
National Research Council, to develop a research agenda based
on the recommendations contained in the report entitled
``Understanding Violence Against Women'' of the National
Academy of Sciences ; and
(2) not later than 1 year after the date of enactment of
this Act, in consultation with the Secretary of the Department
of Health and Human Services, submit to Congress a report which
shall include--
(A) a description of the research agenda developed
under paragraph (1) and a plan to implement that
agenda;
(B) recommendations for priorities in carrying out
that agenda to most effectively advance knowledge about
and means by which to prevent or reduce violence
against women.
(b) Authorization of Appropriations.--There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 31001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) such sums as may be necessary to carry
out this section.
TITLE V--BATTERED IMMIGRANT WOMEN
SEC. 501. SHORT TITLE.
This title may be cited as the ``Battered Immigrant Women
Protection Act of 2000''.
SEC. 502. 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. 503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE
AGAINST WOMEN ACT OF 1994 FOR BATTERED IMMIGRANT WOMEN.
(a) Intended Spouse Defined.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the
following:
``(50) The term `intended spouse' means any alien who meets the
criteria set forth in section 204(a)(1)(A)(iii)(II)(aa)(BB),
204(a)(1)(B)(ii)(II)(aa)(BB), or 240A(b)(2)(A)(i)(III).''.
(b) Immediate Relative Status for Self-Petitioners Married to U.S.
Citizens.--
(1) Self-petitioning spouses.--
(A) Battery or cruelty to alien or alien's child.--
Section 204(a)(1)(A)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is
amended to read as follows:
``(iii)(I) An alien who is described in subclause (II) may file a
petition with the Attorney General under this clause for classification
of the alien (and any child of the alien) if the alien demonstrates to
the Attorney General that--
``(aa) the marriage or the intent to marry the United
States citizen was entered into in good faith by the alien; and
``(bb) during the marriage or relationship intended by the
alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme
cruelty perpetrated by the alien's spouse or intended spouse.
``(II) For purposes of subclause (I), an alien described in this
subclause is an alien--
``(aa)(AA) who is the spouse of a citizen of the United
States;
``(BB) who believed that he or she had married a citizen of
the United States and with whom a marriage ceremony was
actually performed and who otherwise meets any applicable
requirements under this Act to establish the existence of and
bona fides of a marriage, but whose marriage is not legitimate
solely because of the bigamy of such citizen of the United
States; or
``(CC) who was a bona fide spouse of a United States
citizen within the past 2 years and--
``(aaa) whose spouse died within the past 2 years;
``(bbb) whose spouse lost or renounced citizenship
status related to an incident of domestic violence; or
``(ccc) who demonstrates a connection between the
legal termination of the marriage 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 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)(iv))
is amended by adding at the end the following:
``(v) An alien who is the spouse, intended spouse, or child of a
United States citizen living abroad and who 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 clauses (iii) or (iv).''.
(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 due to an incident
of domestic violence; or
``(bbb) who demonstrates a connection between the
legal termination of the marriage 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.''.
(3) 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 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. For purposes of this clause, residence includes any
period of visitation.''.
(4) 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 is the spouse, intended spouse, or child of a
lawful permanent resident living abroad 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
clauses (ii) or (iii).''.
(d) Good Moral Character Determinations for Self-Petitioners and
Treatment of Child Self-Petitioners and Petitions Including Derivative
Children Attaining 21 Years of Age.--Section 204(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) by redesignating subparagraphs (C) through (H) as
subparagraphs (E) through (J), respectively;
(2) by inserting after subparagraph (B) the following:
``(C) Notwithstanding section 101(f), an act or
conviction that is waivable with respect to the
petitioner for purposes of a determination of the
petitioner's admissibility under section 212(a) or
deportability under section 237(a) shall not bar the
Attorney General from finding the petitioner to be of
good moral character under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) if the Attorney General
finds that the act or conviction was connected to the
alien's having been battered or subjected to extreme
cruelty.
``(D)(i)(I) Any child who attains 21 years of age
who has filed a petition under clause (iv) of section
204(a)(1)(A) that was filed or approved before the date
on which the child attained 21 years of age shall be
considered (if the child has not been admitted or
approved for lawful permanent residence by the date the
child attained 21 years of age) a petitioner for
preference status under paragraph (1), (2), or (3) of
section 203(a), whichever paragraph is applicable, with
the same priority date assigned to the self-petition
filed under clause (iv) of section 204(a)(1)(A). No new
petition shall be required to be filed.
``(II) Any individual described in subclause (I) is
eligible for deferred action and work authorization.
``(III) Any derivative child who attains 21 years
of age who is included in a petition described in
clause (ii) that was filed or approved before the date
on which the child attained 21 years of age shall be
considered (if the child has not been admitted or
approved for lawful permanent residence by the date the
child attained 21 years of age) a petitioner for
preference status under paragraph (1), (2), or (3) of
section 203(a), whichever paragraph is applicable, with
the same priority date as that assigned to the
petitioner in any petition described in clause (ii). No
new petition shall be required to be filed.
``(IV) Any individual described in subclause (III)
and any derivative child of a petition described in
clause (ii) is eligible for deferred action and work
authorization.
``(ii) The petition referred to in clause (i)(III)
is a petition filed by an alien under subparagraph
(A)(iii), (A)(iv), (B)(ii) or (B)(iii) in which the
child is included as a derivative beneficiary.''; and
(3) in subparagraph (J) (as so redesignated), by inserting
``or in making determinations under subparagraphs (C) and
(D),'' after ``subparagraph (B),''.
(e) Access to Naturalization for Divorced Victims of Abuse.--
Section 319(a) of the Immigration and Nationality Act (8 U.S.C.
1430(a)) is amended--
(1) by inserting ``, or any person who obtained status as a
lawful permanent resident by reason of his or her status as a
spouse or child of a United States citizen who battered him or
her or subjected him or her to extreme cruelty,'' after
``United States'' the first place such term appears; and
(2) by inserting ``(except in the case of a person who has
been battered or subjected to extreme cruelty by a United
States citizen spouse or parent)'' after ``has been living in
marital union with the citizen spouse''.
SEC. 504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND SUSPENSION OF
DEPORTATION UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994.
(a) Cancellation of Removal and Adjustment of Status for Certain
Nonpermanent Residents.--Section 240A(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows:
``(2) Special rule for battered spouse or child.--
``(A) Authority.--The Attorney General may cancel
removal of, and adjust to the status of an alien
lawfully admitted for permanent residence, an alien who
is inadmissible or deportable from the United States if
the alien demonstrates that--
``(i)(I) the alien has been battered or
subjected to extreme cruelty by a spouse or
parent who is or was a United States citizen
(or is the parent of a child of a United States
citizen and the child has been battered or
subjected to extreme cruelty by such citizen
parent);
``(II) the alien has been battered or
subjected to extreme cruelty by a spouse or
parent who is or was a lawful permanent
resident (or is the parent of a child of an
alien who is or was a lawful permanent resident
and the child has been battered or subjected to
extreme cruelty by such permanent resident
parent); or
``(III) the alien has been battered or
subjected to extreme cruelty by a United States
citizen or lawful permanent resident whom the
alien intended to marry, but whose marriage is
not legitimate because of that United States
citizen's or lawful permanent resident's
bigamy;
``(ii) the alien has been physically
present in the United States for a continuous
period of not less than 3 years immediately
preceding the date of such application, and the
issuance of a charging document for removal
proceedings shall not toll the 3-year period of
continuous physical presence in the United
States;
``(iii) the alien has been a person of good
moral character during such period, subject to
the provisions of subparagraph (C);
``(iv) the alien is not inadmissible under
paragraph (2) or (3) of section 212(a), is not
deportable under paragraphs (1)(G) or (2)
through (4) of section 237(a) (except in a case
described in section 237(a)(7) where the
Attorney General exercises discretion to grant
a waiver), and has not been convicted of an
aggravated felony; and
``(v) the removal would result in extreme
hardship to the alien, the alien's child, or
the alien's parent.
``(B) Physical presence.--Notwithstanding
subsection (d)(2), for purposes of subparagraph
(A)(i)(II) or for purposes of section 244(a)(3) (as in
effect before the title III-A effective date in section
309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996), an alien shall not be
considered to have failed to maintain continuous
physical presence by reason of an absence if the alien
demonstrates a connection between the absence and the
battering or extreme cruelty perpetrated against the
alien. No absence or portion of an absence connected to
the battering or extreme cruelty shall count toward the
90-day or 180-day limits established in subsection
(d)(2). If any absence or aggregate absences exceed 180
days, the absences or portions of the absences will not
be considered to break the period of continuous
presence. Any such period of time excluded from the
180-day limit shall be excluded in computing the time
during which the alien has been physically present for
purposes of the 3-year requirement set forth in section
240A(b)(2)(B) and section 244(a)(3) (as in effect
before the title III-A effective date in section 309 of
the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).
``(C) Good moral character.--Notwithstanding
section 101(f), an act or conviction that would be
waivable with respect to the alien for purposes of a
determination of the alien's admissibility under
section 212(a) or is waivable with respect to the alien
for purposes of the alien's deportability under section
237(a) shall not bar the Attorney General from finding
the alien to be of good moral character under
subparagraph (A)(i)(III) or section 244(a)(3) (as in
effect before the title III-A effective date in section
309 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996), if the Attorney General finds that the act or conviction was
connected to the alien's having been battered or subjected to extreme
cruelty and determines that a waiver would be or is otherwise
warranted.
``(D) Credible evidence considered.--In acting on
applications under this paragraph, the Attorney General
shall consider any credible evidence relevant to the
application. The determination of what evidence is
credible and the weight to be given that evidence shall
be within the sole discretion of the Attorney
General.''.
(b) Children of Battered Aliens and Parents of Battered Alien
Children.--Section 240A(b) of the Immigration and Nationality Act (8
U.S.C. 1229b(b)) is amended by adding at the end the following:
``(4) Children of battered aliens and parents of battered
alien children.--
``(A) In general.--The Attorney General shall grant
parole under section 212(d)(5) to any alien who is a--
``(i) child of an alien granted relief
under section 240A(b)(2) or 244(a)(3) (as in
effect before the title III-A effective date in
section 309 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996); or
``(ii) parent of a child alien granted
relief under section 240A(b)(2) or 244(a)(3)
(as in effect before the title III-A effective
date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of
1996).
``(B) Duration of parole.--The grant of parole
shall extend from the time of the grant of relief under
section 240A(b)(2) or section 244(a)(3) (as in effect
before the title III-A effective date in section 309 of
the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996) to the time the application
for adjustment of status filed by aliens covered under
this paragraph has been finally adjudicated.
Applications for adjustment of status filed by aliens
covered under this paragraph shall be treated as if
they were applications filed under section 204(a)(1)
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of
section 245 (a) and (c). Failure by the alien granted
relief under section 240A(b)(2) or section 244(a)(3)
(as in effect before the title III-A effective date in
section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996) to exercise due
diligence in filing a visa petition on behalf of an
alien described in clause (i) or (ii) may result in
revocation of parole.''.
(c) Effective Date.--Any individual who becomes eligible for relief
by reason of the enactment of the amendments made by subsections (a)
and (b), shall be eligible to file a motion to reopen pursuant to
section 240(c)(6)(C)(iv). The amendments made by subsections (a) and
(b) shall take effect as if included in the enactment of section 304 of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 110 Stat. 587). Such portions of the amendments
made by subsection (b) that relate to section 244(a)(3) (as in effect
before the title III-A effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996) shall take
effect as if included in subtitle G of title IV of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat.
1953 et seq.).
SEC. 505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF THE
VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL QUALIFIED
BATTERED IMMIGRANT SELF-PETITIONERS.
(a) Eliminating Connection Between Battery and Unlawful Entry.--
Section 212(a)(6)(A)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(A)(ii)) is amended--
(1) by striking subclause (I) and inserting the following:
``(I) the alien qualifies for
classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii)
of section 204(a)(i); and'';
(2) in subclause (II), by striking ``, and'' and inserting
a period; and
(3) by striking subclause (III).
(b) Eliminating Connection Between Battery and Violation of the
Terms of an Immigrant Visa.--Section 212(a)(9)(B)(iii)(IV) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is
amended by striking ``who would be described in paragraph (6)(A)(ii)''
and all that follows before the period and inserting ``who is described
in paragraph (6)(A)(ii)''.
(c) 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), (v), or (vi) 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 aliens 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.''.
(d) Domestic Violence Victim Waiver.--
(1) Waiver for victims of domestic violence.--Section
237(a) of the Immigration and Nationality Act (8 U.S.C.
1227(a)) is amended by inserting at the end the following:
``(7) Waiver for victims of domestic violence.--
``(A) In general.--The Attorney General is not
limited by the criminal court record and may waive the
application of paragraph (2)(E)(i) (with respect to
crimes of domestic violence and crimes of stalking) and
(ii) in the case of an alien who has been battered or
subjected to extreme cruelty and who is not and was not
the primary perpetrator of violence in the
relationship--
``(i) upon a determination that--
``(I) the alien was acting is self-
defense;
``(II) the alien was found to have
violated a protection order intended to
protect the alien; or
``(III) the alien committed, was
arrested for, was convicted of, or pled
guilty to committing a crime--
``(aa) that did not result
in serious bodily injury; and
``(bb) where there was a
connection between the crime
and the alien's having been
battered or subjected to
extreme cruelty.
``(B) Credible evidence considered.--In acting on
applications under this paragraph, the Attorney General
shall consider any credible evidence relevant to the
application. The determination of what evidence is
credible and the weight to be given that evidence shall
be within the sole discretion of the Attorney
General.''.
(2) Conforming amendment.--Section 240A(b)(1)(C) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is
amended by inserting ``(except in a case described in section
237(a)(7) where the Attorney General exercises discretion to
grant a waiver)'' after ``237(a)(3)''.
(e) 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), or who would otherwise
qualify for relief under section 240A(b)(2) or under 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), 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), or who qualifies for
relief under section 240A(b)(2) or under
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).''.
(f) 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),
relief under section 240A(b)(2), or relief under
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);''.
(g) 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'';
(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),
classification under clause (ii) or (iii) of section
204(a)(1)(B), relief under section 240A(b)(2) or relief
under 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); and''.
(h) 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)).''.
(i) Report.--Not later than 6 months after the date of enactment of
this Act, the Attorney General shall submit a report to the Committees
on the Judiciary of the Senate and the House of Representatives
covering, with respect to the fiscal year 1997 and each fiscal year
thereafter--
(1) the policy and procedures of the Immigration and
Naturalization Service under which an alien who has been
battered or subjected to extreme cruelty who is eligible for
suspension of deportation or cancellation of removal can
request to be placed, and be placed, in deportation or removal
proceedings so that such alien may apply for suspension of
deportation or cancellation of removal;
(2) the number of requests filed at each district office
under this policy;
(3) the number of these requests granted reported
separately for each district; and
(4) the average length of time at each Immigration and
Naturalization office between the date that an alien who has
been subject to battering or extreme cruelty eligible for
suspension of deportation or cancellation of removal requests
to be placed in deportation or removal proceedings and the date
that the immigrant appears before an immigration judge to file
an application for suspension of deportation or cancellation of
removal.
SEC. 506. RESTORING IMMIGRATION PROTECTIONS UNDER THE VIOLENCE AGAINST
WOMEN ACT OF 1994.
(a) Removing Barriers to Adjustment of Status for Victims of
Domestic Violence.--
(1) Immigration amendments.--Section 245 of the Immigration
and Nationality Act (8 U.S.C. 1255) is amended--
(A) in subsection (a), by inserting ``or the status
of any other alien having an approved petition for
classification under subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) of section 204(a)(1) or'' after
``into the United States.''; and
(B) in subsection (c), by striking ``Subsection (a)
shall not be applicable to'' and inserting the
following: ``Other than an alien having an approved
petition for classification under subparagraph
(A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii),
or B(iv) of section 204(a)(1), subsection (a) shall not
be applicable to''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications for adjustment of status pending on
or made on or after January 14, 1998.
(b) Removing Barriers to Cancellation of Removal and Suspension of
Deportation for Victims of Domestic Violence.--
(1) Not treating service of notice as terminating
continuous period.--Section 240A(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking
``when the alien is served a notice to appear under section
239(a) or'' and inserting ``(A) except in the case of an alien
who applies for cancellation of removal under subsection (b)(2)
when the alien is served a notice to appear under section
239(a), or (B)''.
(2) Exemption from annual limitation on cancellation of
removal for battered spouse or child.--Section 240A(e)(3) of
the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is
amended by adding at the end the following:
``(C) Aliens in removal proceedings who applied for
cancellation of removal under subsection (b)(2).''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) 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).
(4) Modification of certain transition rules for battered
spouse or child.--Section 309(c)(5)(C) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1101 note) is amended--
(A) by striking the subparagraph heading and
inserting the following:
``(C) Special rule for certain aliens granted
temporary protection from deportation and for battered
spouses and children.--''; and
(B) in clause (i)--
(i) in subclause (IV), by striking ``or''
at the end;
(ii) in subclause (V), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(VI) is an alien who was issued
an order to show cause or was in
deportation proceedings before April 1,
1997, and who applied for suspension of
deportation under section 244(a)(3) of
the Immigration and Nationality Act (as
in effect before the date of the
enactment of this Act).''.
(5) Effective date.--The amendments made by paragraph (4)
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.--There is no time limit on the
filing of a motion to reopen, and the deadline
specified in subsection (b)(5)(C) for filing
such a motion 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);
and
``(II) if the motion is accompanied
by a cancellation of removal
application to be filed with the
Attorney General or by a copy of the
self-petition that has been or will be
filed with the Immigration and
Naturalization Service upon the
granting of the motion to reopen.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect as if included in
the enactment of section 304 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1229-1229c).
(2) Deportation proceedings.--
(A) In general.--Notwithstanding any limitation
imposed by law on motions to reopen or rescind
deportation proceedings under the Immigration and
Nationality Act (as in effect before the title III-A
effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1101 note)), there is no time limit on
the filing of a motion to reopen such proceedings, and
the deadline specified in section 242B(c)(3) of the
Immigration and Nationality Act (as so in effect) (8
U.S.C. 1252b(c)(3)) does not apply--
(i) if the basis of the motion is to apply
for relief under clause (iii) or (iv) of
section 204(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)),
clause (ii) or (iii) of section 204(a)(1)(B) of
such Act (8 U.S.C. 1154(a)(1)(B)), or section
244(a)(3) of such Act (as so in effect) (8
U.S.C. 1254(a)(3)); and
(ii) if the motion is accompanied by a
suspension of deportation application to be
filed with the Attorney General or by a copy of
the self-petition that will be filed with the
Immigration and Naturalization Service upon the
granting of the motion to reopen.
(B) Applicability.--Subparagraph (A) shall apply to
motions filed by aliens who--
(i) are, or were, in deportation
proceedings under the Immigration and
Nationality Act (as in effect before the title
III-A effective date in section 309 of the
Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101
note)); and
(ii) have become eligible to apply for
relief under clause (iii) or (iv) of section
204(a)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or
(iii) of section 204(a)(1)(B) of such Act (8
U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of
such Act (as in effect before the title III-A
effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1101 note)) as a result
of the amendments made by--
(I) subtitle G of title IV of the
Violent Crime Control and Law
Enforcement Act of 1994 (Public Law
103-322; 108 Stat. 1953 et seq.); or
(II) this title.
SEC. 507. 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 503(b)(3) of this title) is amended by
adding at the end the following:
``(vi) For the purposes of any petition filed under clause (iii) or
(iv), the denaturalization, loss or renunciation of citizenship, death
of the abuser, divorce, or changes to the abuser's citizenship status
after filing of the petition shall not adversely affect the approval of
the petition, and for approved petitions shall not preclude the
classification of the eligible self-petitioning spouse or child as an
immediate relative or affect the alien's ability to adjust status under
subsections (a) and (c) of section 245 or obtain status as a lawful
permanent resident based on the approved self-petition under such
clauses.''.
(2) Loss of status.--Section 204(a)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as
amended by section 503(c)(4) of this title) is amended by
adding at the end the following:
``(v)(I) For the purposes of any petition filed or approved under
clause (ii) or (iii), divorce, or the loss of lawful permanent resident
status by a spouse or parent after the filing of a petition under that
clause shall not adversely affect approval of the petition, and, for an
approved petition, shall not affect the alien's ability to adjust
status under subsections (a) and (c) of section 245 or obtain status as
a lawful permanent resident based on an approved self-petition under
clause (ii) or (iii).
``(II) Upon the lawful permanent resident spouse or parent becoming
or establishing the existence of United States citizenship through
naturalization, acquisition of citizenship, or other means, any
petition filed with the Immigration and Naturalization Service and
pending or approved under clause (ii) or (iii) on behalf of an alien
who has been battered or subjected to extreme cruelty shall be deemed
reclassified as a petition filed under subparagraph (A) even if the
acquisition of citizenship occurs after divorce or termination of
parental rights.''.
(3) Definition of immediate relatives.--Section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1154(b)(2)(A)(i)) is amended by adding at the end the
following: ``For purposes of this clause, an alien who has
filed a petition under clause (iii) or (iv) of section
204(a)(1)(A) of this Act remains an immediate relative in the
event that the United States citizen spouse or parent loses
United States citizenship on account of the abuse.''.
(b) Allowing Remarriage of Battered Immigrants.--Section 204(h) of
the Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended by
adding at the end the following: ``Remarriage of an alien whose
petition was approved under section 204(a)(1)(B)(ii) or
204(a)(1)(A)(iii) or marriage of an alien described in section
204(a)(1)(A) (iv) or (vi) or 204(a)(1)(B)(iii) shall not be the basis
for revocation of a petition approval under section 205.''.
SEC. 508. 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. 509. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED IMMIGRANT SPOUSES
AND CHILDREN.
(a) In General.--The last sentence of the first section of Public
Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note) is amended by
striking the period at the end and inserting the following: ``, except
that such spouse or child who has been battered or subjected to extreme
cruelty may adjust to permanent resident status under this Act without
demonstrating that he or she is residing with the Cuban spouse or
parent in the United States. In acting on applications under this
section with respect to spouses or children who have been battered or
subjected to extreme cruelty, the Attorney General shall apply the
provisions of section 204(a)(1)(H).''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in subtitle G of title IV of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat.
1953 et seq.).
SEC. 510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN
RELIEF ACT FOR BATTERED SPOUSES AND CHILDREN.
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) is amended--
(1) in clause (i)--
(A) by striking ``For purposes'' and inserting
``Subject to clauses (ii), (iii), and (iv), for
purposes'';
(B) by striking ``or'' at the end of subclause
(IV);
(C) by striking the period at the end of subclause
(V) and inserting ``; or''; and
(D) by adding at the end the following:
``(VI) is at the time of filing of
an application under subclause (I),
(II), (V), or (VI) the spouse or child
of an individual described in subclause
(I), (II), or (V) and the spouse,
child, or child of the spouse has been
battered or subjected to extreme
cruelty by the individual 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 (VI)
or (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
subclauses (VI) and (VII) of clause (i), 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.''.
SEC. 511. 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 or child of an
alien whose status is adjusted to that of an alien
lawfully admitted for permanent residence under
subsection (a);
``(ii) at the time of filing or the application for
adjustment under subsection (a) or this subsection the
alien is the spouse or child of an alien whose status
is adjusted to that of an alien lawfully admitted for
permanent residence under subsection (a) and the
spouse, child, or child of the spouse has been battered
or subjected to extreme cruelty by the individual
described in subsection (a); and
``(iii) in acting on applications under this
section with respect to spouses or children who have
been battered or subjected to extreme cruelty, the
Attorney General shall apply the provisions of section
204(a)(1)(H).''.
(b) Residence With Spouse or Parent Not Required.--Section 902(d)
of such Act is amended--
(1) in paragraph (1), by striking ``The status'' and
inserting ``Subject to paragraphs (2) and (3), the status'';
and
(2) by adding at the end the following:
``(3) Residence with spouse or parent not required.--A
spouse, or child may adjust to permanent resident status under
paragraph (1) without demonstrating that he or she is residing
with the spouse or parent in the United States.''.
SEC. 512. 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)) is amended--
(1) in paragraph (1), by inserting ``, immigration and
asylum officers, immigration judges,'' after ``law enforcement
officers'';
(2) in paragraph (8) (as amended by section 209(c) of this
Act), by striking ``and'' at the end;
(3) in paragraph (9) (as added by section 209(c) of this
Act), by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(10) 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 domestic violence
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''.
TITLE VI--EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND
SEC. 601. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.
(a) In General.--Section 310001(b) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14211) is amended by striking
paragraphs (1) through (5) and inserting the following:
``(1) for fiscal year 2001, $6,025,000,000;
``(2) for fiscal year 2002, $6,169,000,000;
``(3) for fiscal year 2003, $6,316,000,000;
``(4) for fiscal year 2004, $6,458,000,000; and
``(5) for fiscal year 2005, $6,616,000,000.''.
(b) Discretionary Limits.--Title XXXI of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14211 et seq.) is amended by
inserting after section 310001 the following:
``SEC. 310002. DISCRETIONARY LIMITS.
``For the purposes of allocations made for the discretionary
category under section 302(a) of the Congressional Budget Act of 1974
(2 U.S.C. 633(a)), the term `discretionary spending limit' means--
``(1) with respect to fiscal year 2001--
``(A) for the discretionary category, amounts of
budget authority and outlays necessary to adjust the
discretionary spending limits to reflect the changes in
subparagraph (B) as determined by the Chairman of the
Committee on the Budget of the House of Representatives
and the Chairman of the Committee on the Budget of the
Senate; and
``(B) for the violent crime reduction category,
$6,025,000,000 in new budget authority and
$5,718,000,000 in outlays;
``(2) with respect to fiscal year 2002--
``(A) for the discretionary category, amounts of
budget authority and outlays necessary to adjust the
discretionary spending limits to reflect the changes in
subparagraph (B) as determined by the Chairman of the
Committee on the Budget of the House of Representatives
and the Chairman of the Committee on the Budget of the
Senate; and
``(B) for the violent crime reduction category,
$6,169,000,000 in new budget authority and
$6,020,000,000 in outlays;
``(3) with respect to fiscal year 2003--
``(A) for the discretionary category, amounts of
budget authority and outlays necessary to adjust the
discretionary spending limits to reflect the changes in
subparagraph (B) as determined by the Chairman of the
Committee on the Budget of the House of Representatives
and the Chairman of the Committee on the Budget of the
Senate; and
``(B) for the violent crime reduction category,
$6,316,000,000 in new budget authority and
$6,161,000,000 in outlays;
``(4) with respect to fiscal year 2004--
``(A) for the discretionary category, amounts of
budget authority and outlays necessary to adjust the
discretionary spending limits to reflect the changes in
subparagraph (B) as determined by the Chairman of the
Committee on the Budget of the House of Representatives
and the Chairman of the Committee on the Budget of the
Senate; and
``(B) for the violent crime reduction category,
$6,459,000,000 in new budget authority and
$6,303,000,000 in outlays; and
``(5) with respect to fiscal year 2005--
``(A) for the discretionary category, amounts of
budget authority and outlays necessary to adjust the
discretionary spending limits to reflect the changes in
subparagraph (B) as determined by the Chairman of the
Committee on the Budget of the House of Representatives
and the Chairman of the Committee on the Budget of the
Senate; and
``(B) for the violent crime reduction category,
$6,616,000 in new budget authority and $6,452,000,000
in outlays;
as adjusted in accordance with section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)) and section 314 of the Congressional Budget Act of
1974.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5791-5792)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5792-5803)
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Committee on the Judiciary. Reported by Senator Hatch without amendment. Without written report.
Committee on the Judiciary. Reported by Senator Hatch without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 676.
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