II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Violence Against Women Act of 2000’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 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
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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.

1 SEC. 2. DEFINITIONS.

2 In this Act—

3 (1) the term ‘‘domestic violence’’ has the mean4 ing given the term in section 2003 of title I of the

5 Omnibus Crime Control and Safe Streets Act of

6 1968 (42 U.S.C. 3796gg–2); and

7 (2) the term ‘‘sexual assault’’ has the meaning

8 given the term in section 2003 of title I of the Om9 nibus Crime Control and Safe Streets Act of 1968

10 (42 U.S.C. 3796gg–2).

11 SEC. 3. ACCOUNTABILITY AND OVERSIGHT.

12 (a) REPORT BY GRANT RECIPIENTS.—The Attorney

13 General or Secretary of Health and Human Services, as
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1 applicable, shall require grantees under any program au2 thorized or reauthorized by this Act or an amendment

3 made by this Act to report on the effectiveness of the ac4 tivities carried out with amounts made available to carry

5 out that program, including number of persons served, if

6 applicable, numbers of persons seeking services who could

7 not be served and such other information as the Attorney

8 General or Secretary may prescribe.

9 (b) REPORT TO CONGRESS.—The Attorney General

10 or Secretary of Health and Human Services, as applicable,

11 shall report annually to the Committees on the Judiciary

12 of the House of Representatives and the Senate on the

13 grant programs described in subsection (a), including the

14 information contained in any report under that subsection.

15 TITLE I—STRENGTHENING LAW

16 ENFORCEMENT TO REDUCE

17 VIOLENCE AGAINST WOMEN

18 SEC. 101. FULL FAITH AND CREDIT ENFORCEMENT OF PRO19 TECTION ORDERS.

20 (a) IN GENERAL.—Part U of title I of the Omnibus

21 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

22 3796hh et seq.) is amended—

23 (1) in the heading, by adding ‘‘AND EN24 FORCEMENT OF PROTECTION OR25 DERS’’ at the end;
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1 (2) in section 2101(b)—

2 (A) in paragraph (6), by inserting ‘‘(in3 cluding juvenile courts)’’ after ‘‘courts’’; and

4 (B) by adding at the end the following:

5 ‘‘(7) To provide technical assistance and com6 puter and other equipment to police departments,

7 prosecutors, courts, and tribal jurisdictions to facili8 tate the widespread enforcement of protection or9 ders, including interstate enforcement, enforcement

10 between States and tribal jurisdictions, and enforce11 ment between tribal jurisdictions.’’; and

12 (3) in section 2102—

13 (A) in subsection (b)—

14 (i) in paragraph (1), by striking

15 ‘‘and’’ at the end;

16 (ii) in paragraph (2), by striking the

17 period at the end and inserting ‘‘, includ18 ing the enforcement of protection orders

19 from other States and jurisdictions (includ20 ing tribal jurisdictions);’’; and

21 (iii) by adding at the end the fol22 lowing:

23 ‘‘(3) have established cooperative agreements or

24 can demonstrate effective ongoing collaborative ar25 rangements with neighboring jurisdictions to facili-
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1 tate the enforcement of protection orders from other

2 States and jurisdictions (including tribal jurisdic3 tions); and

4 ‘‘(4) will give priority to using the grant to de5 velop and install data collection and communication

6 systems, including computerized systems, and train7 ing on how to use these systems effectively to link

8 police, prosecutors, courts, and tribal jurisdictions

9 for the purpose of identifying and tracking protec10 tion orders and violations of protection orders, in

11 those jurisdictions where such systems do not exist

12 or are not fully effective.’’; and

13 (B) by adding at the end the following:

14 ‘‘(c) DISSEMINATION OF INFORMATION.—The Attor15 ney General shall annually compile and broadly dissemi16 nate (including through electronic publication) informa17 tion about successful data collection and communication

18 systems that meet the purposes described in this section.

19 Such dissemination shall target States, State and local

20 courts, Indian tribal governments, and units of local gov21 ernment.’’.

22 (b) PROTECTION ORDERS.—

23 (1) FILING COSTS.—Section 2006 of part T of

24 title I of the Omnibus Crime Control and Safe
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1 Streets Act of 1968 (42 U.S.C. 3796gg–5) is

2 amended—

3 (A) in the heading, by striking ‘‘FILING’’

4 and inserting ‘‘AND PROTECTION ORDERS’’

5 after ‘‘CHARGES’’;

6 (B) in subsection (a)—

7 (i) by striking paragraph (1) and in8 serting the following:

9 ‘‘(1) certifies that its laws, policies, and prac10 tices do not require, in connection with the prosecu11 tion of any misdemeanor or felony domestic violence

12 offense, or in connection with the filing, issuance,

13 registration, or service of a protection order, or a pe14 tition for a protection order, to protect a victim of

15 domestic violence, stalking, or sexual assault, that

16 the victim bear the costs associated with the filing

17 of criminal charges against the offender, or the costs

18 associated with the filing, issuance, registration, or

19 service of a warrant, protection order, petition for a

20 protection order, or witness subpoena, whether

21 issued inside or outside the State, tribal, or local ju22 risdiction; or’’; and

23 (ii) in paragraph (2)(B), by striking

24 ‘‘2 years’’ and inserting ‘‘2 years after the
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1 date of enactment of the Violence Against

2 Women Act of 2000’’; and

3 (C) by adding at the end the following:

4 ‘‘(c) DEFINITION.—In this section, the term ‘protec5 tion order’ has the meaning given the term in section 2266

6 of title 18, United States Code.’’.

7 (2) ELIGIBILITY FOR GRANTS TO ENCOURAGE

8 ARREST POLICIES.—Section 2101 of part U of title

9 I of the Omnibus Crime Control and Safe Streets

10 Act of 1968 (42 U.S.C. 3796hh) is amended—

11 (A) in subsection (c), by striking para12 graph (4) and inserting the following:

13 ‘‘(4) certify that their laws, policies, and prac14 tices do not require, in connection with the prosecu15 tion of any misdemeanor or felony domestic violence

16 offense, or in connection with the filing, issuance,

17 registration, or service of a protection order, or a pe18 tition for a protection order, to protect a victim of

19 domestic violence, stalking, or sexual assault, that

20 the victim bear the costs associated with the filing

21 of criminal charges against the offender, or the costs

22 associated with the filing, issuance, registration, or

23 service of a warrant, protection order, petition for a

24 protection order, or witness subpoena, whether
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1 issued inside or outside the State, tribal, or local ju2 risdiction.’’; and

3 (B) by adding at the end the following:

4 ‘‘(d) DEFINITION.—In this section, the term ‘protec5 tion order’ has the meaning given the term in section 2266

6 of title 18, United States Code.’’.

7 (3) APPLICATION FOR GRANTS TO ENCOURAGE

8 ARREST POLICIES.—Section 2102(a)(1)(B) of part

9 U of title I of the Omnibus Crime Control and Safe

10 Streets Act of 1968 (42 U.S.C. 3796hh–1(a)(1)(B))

11 is amended by inserting before the semicolon the fol12 lowing: ‘‘or, in the case of the condition set forth in

13 subsection 2101(c)(4), the expiration of the 2-year

14 period beginning on the date of enactment of the Vi15 olence Against Women Act of 2000’’.

16 (4) REGISTRATION FOR PROTECTION OR17 DERS.—Section 2265 of title 18, United States

18 Code, is amended by adding at the end the fol19 lowing:

20 ‘‘(d) REGISTRATION.—

21 ‘‘(1) IN GENERAL.—A State or Indian tribe ac22 cording full faith and credit to an order by a court

23 of another State or Indian tribe shall not notify the

24 party against whom a protection order has been

25 issued that the protection order has been registered
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1 or filed in that enforcing State or tribal jurisdiction

2 unless requested to do so by the party protected

3 under such order.

4 ‘‘(2) NO PRIOR REGISTRATION OR FILING RE5 QUIRED.—Any protection order that is otherwise

6 consistent with this section shall be accorded full

7 faith and credit, notwithstanding any requirement

8 that the order be registered or filed in the enforcing

9 State or tribal jurisdiction.

10 ‘‘(e) NOTICE.—A protection order that is otherwise

11 consistent with this section shall be accorded full faith and

12 credit and enforced notwithstanding the failure to provide

13 notice to the party against whom the order is made of

14 its registration or filing in the enforcing State or Indian

15 tribe.

16 ‘‘(f) TRIBAL COURT JURISDICTION.—For purposes of

17 this section, a tribal court shall have full civil jurisdiction

18 over domestic relations actions, including authority to en19 force its orders through civil contempt proceedings, exclu20 sion of violators from Indian lands, and other appropriate

21 mechanisms, in matters arising within the authority of the

22 tribe and in which at least 1 of the parties is an Indian.’’.

23 (c) TECHNICAL AMENDMENT.—The table of contents

24 for title I of the Omnibus Crime Control and Safe Streets

25 Act of 1968 (42 U.S.C. 3711 et seq.) is amended in the
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1 item relating to part U, by adding ‘‘AND ENFORCEMENT

2 OF PROTECTION ORDERS’’ at the end.

3 SEC. 102. ROLE OF COURTS.

4 (a) COURTS AS ELIGIBLE STOP SUBGRANTEES.—

5 Part T of title I of the Omnibus Crime Control and Safe

6 Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is

7 amended—

8 (1) in section 2001—

9 (A) in subsection (a), by striking ‘‘Indian

10 tribal governments,’’ and inserting ‘‘State and

11 local courts (including juvenile courts), Indian

12 tribal governments, tribal courts,’’; and

13 (B) in subsection (b)—

14 (i) in paragraph (1), by inserting ‘‘,

15 judges, other court personnel,’’ after ‘‘law

16 enforcement officers’’;

17 (ii) in paragraph (2), by inserting ‘‘,

18 judges, other court personnel,’’ after ‘‘law

19 enforcement officers’’; and

20 (iii) in paragraph (3), by inserting ‘‘,

21 court,’’ after ‘‘police’’; and

22 (2) in section 2002—

23 (A) in subsection (a), by inserting ‘‘State

24 and local courts (including juvenile courts),’’

25 after ‘‘States,’’ the second place it appears;
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1 (B) in subsection (c), by striking para2 graph (3) and inserting the following:

3 ‘‘(3) of the amount granted—

4 ‘‘(A) not less than 25 percent shall be allo5 cated to police and not less than 25 percent

6 shall be allocated to prosecutors;

7 ‘‘(B) not less than 30 percent shall be allo8 cated to victim services; and

9 ‘‘(C) not less than 5 percent shall be allo10 cated for State and local courts (including juve11 nile courts); and’’; and

12 (C) in subsection (d)(1), by inserting

13 ‘‘court,’’ after ‘‘law enforcement,’’.

14 (b) ELIGIBLE GRANTEES; USE OF GRANTS FOR EDU15 CATION.—Section 2101 of part U of title I of the Omnibus

16 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

17 3796hh) is amended—

18 (1) in subsection (a), by inserting ‘‘State and

19 local courts (including juvenile courts), tribal

20 courts,’’ after ‘‘Indian tribal governments,’’;

21 (2) in subsection (b)—

22 (A) by inserting ‘‘State and local courts

23 (including juvenile courts),’’ after ‘‘Indian tribal

24 governments’’;
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1 (B) in paragraph (2), by striking ‘‘policies

2 and’’ and inserting ‘‘policies, educational pro3 grams, and’’;

4 (C) in paragraph (3), by inserting ‘‘parole

5 and probation officers,’’ after ‘‘prosecutors,’’;

6 and

7 (D) in paragraph (4), by inserting ‘‘parole

8 and probation officers,’’ after ‘‘prosecutors,’’;

9 (3) in subsection (c), by inserting ‘‘State and

10 local courts (including juvenile courts),’’ after ‘‘In11 dian tribal governments’’; and

12 (4) by adding at the end the following:

13 ‘‘(e) ALLOTMENT FOR INDIAN TRIBES.—Not less

14 than 5 percent of the total amount made available for

15 grants under this section for each fiscal year shall be avail16 able for grants to Indian tribal governments.’’.

17 SEC. 103. REAUTHORIZATION OF STOP GRANTS.

18 (a) REAUTHORIZATION.—Section 1001(a) of title I of

19 the Omnibus Crime Control and Safe Streets Act of 1968

20 (42 U.S.C. 3793(a)) is amended by striking paragraph

21 (18) and inserting the following:

22 ‘‘(18) There is authorized to be appropriated from

23 the Violent Crime Reduction Trust Fund established

24 under section 310001 of the Violent Crime Control and

25 Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry
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1 out part T $185,000,000 for each of fiscal years 2001

2 through 2005.’’.

3 (b) GRANT PURPOSES.—Part T of title I of the Om4 nibus Crime Control and Safe Streets Act of 1968 (42

5 U.S.C. 3796gg et seq.) is amended—

6 (1) in section 2001—

7 (A) in subsection (b)—

8 (i) in paragraph (5), by striking ‘‘ra9 cial, cultural, ethnic, and language minori10 ties’’ and inserting ‘‘underserved popu11 lations’’;

12 (ii) in paragraph (6), by striking

13 ‘‘and’’ at the end;

14 (iii) in paragraph (7), by striking the

15 period at the end and inserting ‘‘; and’’;

16 and

17 (iv) by adding at the end the fol18 lowing:

19 ‘‘(8) supporting formal and informal statewide,

20 multidisciplinary efforts, to the extent not supported

21 by State funds, to coordinate the response of State

22 law enforcement agencies, prosecutors, courts, victim

23 services agencies, and other State agencies and de24 partments, to violent crimes against women, includ-
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1 ing the crimes of sexual assault and domestic vio2 lence.’’; and

3 (B) by adding at the end the following:

4 ‘‘(c) STATE COALITION GRANTS.—

5 ‘‘(1) PURPOSE.—The Attorney General shall

6 award grants to each State domestic violence coali7 tion and sexual assault coalition for the purposes of

8 coordinating State victim services activities, and col9 laborating and coordinating with Federal, State, and

10 local entities engaged in violence against women ac11 tivities.

12 ‘‘(2) GRANTS TO STATE COALITIONS.—The At13 torney General shall award grants to—

14 ‘‘(A) each State domestic violence coalition,

15 as determined by the Secretary of Health and

16 Human Services through the Family Violence

17 Prevention and Services Act (42 U.S.C. 10410

18 et seq.); and

19 ‘‘(B) each State sexual assault coalition, as

20 determined by the Center for Injury Prevention

21 and Control of the Centers for Disease Control

22 and Prevention under the Public Health Service

23 Act (42 U.S.C. 280b et seq.).

24 ‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Re25 ceipt of an award under this subsection by each
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1 State domestic violence and sexual assault coalition

2 shall not preclude the coalition from receiving addi3 tional grants under this part to carry out the pur4 poses described in subsection (b).’’;

5 (2) in section 2002(b)—

6 (A) by redesignating paragraphs (2) and

7 (3) as paragraphs (4) and (5), respectively;

8 (B) in paragraph (1), by striking ‘‘4 per9 cent’’ and inserting ‘‘5 percent’’;

10 (C) in paragraph (4), as redesignated, by

11 striking ‘‘$500,000’’ and inserting ‘‘$600,000’’;

12 and

13 (D) by inserting after paragraph (1) the

14 following:

15 ‘‘(2) 2.5 percent shall be available for grants

16 for State domestic violence coalitions under section

17 2001(c), with the coalition for each State, the coali18 tion for the District of Columbia, the coalition for

19 the Commonwealth of Puerto Rico, and the coalition

20 for the combined Territories of the United States,

each receiving an amount equal to 1 21 ⁄53 of the total

22 amount made available under this paragraph for

23 each fiscal year;

24 ‘‘(3) 2.5 percent shall be available for grants

25 for State sexual assault coalitions under section
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1 2001(c), with the coalition for each State, the coali2 tion for the District of Columbia, the coalition for

3 the Commonwealth of Puerto Rico, and the coalition

4 for the combined Territories of the United States,

each receiving an amount equal to 1 5 ⁄53 of the total

6 amount made available under this paragraph for

7 each fiscal year;’’;

8 (3) in section 2003—

9 (A) in paragraph (7), by striking ‘‘geo10 graphic location’’ and all that follows through

11 ‘‘physical disabilities’’ and inserting ‘‘race, eth12 nicity, age, disability, religion, alienage status,

13 language barriers, geographic location (includ14 ing rural isolation), and any other populations

15 determined to be underserved’’; and

16 (B) in paragraph (8), by striking ‘‘assist17 ing domestic violence or sexual assault victims

18 through the legal process’’ and inserting ‘‘pro19 viding assistance for victims seeking necessary

20 support services as a consequence of domestic

21 violence or sexual assault’’; and

22 (4) in section 2004(b)(3), by inserting ‘‘, and

23 the membership of persons served in any under24 served population’’ before the semicolon.
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1 SEC. 104. REAUTHORIZATION OF GRANTS TO ENCOURAGE

2 ARREST POLICIES.

3 Section 1001(a) of title I of the Omnibus Crime Con4 trol and Safe Streets Act of 1968 (42 U.S.C. 3793(a))

5 is amended by striking paragraph (19) and inserting the

6 following:

7 ‘‘(19) There is authorized to be appropriated from

8 the Violent Crime Reduction Trust Fund established

9 under section 310001 of the Violent Crime Control and

10 Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry

11 out part U $65,000,000 for each of fiscal years 2001

12 through 2005.’’.

13 SEC. 105. REAUTHORIZATION OF RURAL DOMESTIC VIO14 LENCE AND CHILD ABUSE ENFORCEMENT

15 GRANTS.

16 (a) REAUTHORIZATION.—Section 40295(c) of the Vi17 olence Against Women Act of 1994 (42 U.S.C. 13971(c))

18 is amended—

19 (1) by striking paragraph (1) and inserting the

20 following:

21 ‘‘(1) IN GENERAL.—There is authorized to be

22 appropriated from the Violent Crime Reduction

23 Trust Fund established under section 310001 to

24 carry out this section $40,000,000 for each of fiscal

25 years 2001 through 2005.’’; and

26 (2) by adding at the end the following:
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1 ‘‘(3) ALLOTMENT FOR INDIAN TRIBES.—Not

2 less than 5 percent of the total amount made avail3 able to carry out this section for each fiscal year

4 shall be available for grants to Indian tribal govern5 ments.’’.

6 SEC. 106. NATIONAL STALKER AND DOMESTIC VIOLENCE

7 REDUCTION.

8 (a) REAUTHORIZATION.—Section 40603 of the Vio9 lence Against Women Act of 1994 (42 U.S.C. 14032) is

10 amended to read as follows:

11 ‘‘SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘There is authorized to be appropriated from the Vio13 lent Crime Reduction Trust Fund established under sec14 tion 310001 to carry out this subtitle $3,000,000 for each

15 of fiscal years 2001 through 2005.’’.

16 (b) TECHNICAL AMENDMENT.—Section 40602(a) of

17 the Violence Against Women Act of 1994 (42 U.S.C.

18 14031 note) is amended by inserting ‘‘and implement’’

19 after ‘‘improve’’.

20 SEC. 107. AMENDMENTS TO DOMESTIC VIOLENCE AND

21 STALKING OFFENSES.

22 (a) INTERSTATE DOMESTIC VIOLENCE.—Section

23 2261 of title 18, United States Code, is amended by strik24 ing subsection (a) and inserting the following:

25 ‘‘(a) OFFENSES.—
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1 ‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A

2 person who travels in interstate or foreign commerce

3 or enters or leaves Indian country with the intent to

4 kill, injure, harass, or intimidate a spouse or inti5 mate partner, and who, in the course of or as a re6 sult of such travel, commits or attempts to commit

7 a crime of violence against that spouse or intimate

8 partner, shall be punished as provided in subsection

9 (b).

10 ‘‘(2) CAUSING TRAVEL OF VICTIM.—A person

11 who causes a spouse or intimate partner to travel in

12 interstate or foreign commerce or to enter or leave

13 Indian country by force, coercion, duress, or fraud,

14 and who, in the course of, as a result of, or to facili15 tate such conduct or travel, commits or attempts to

16 commit a crime of violence against that spouse or in17 timate partner, shall be punished as provided in sub18 section (b).’’.

19 (b) INTERSTATE STALKING.—Section 2261A of title

20 18, United States Code, is amended to read as follows:

21 ‘‘§ 2261A. Interstate stalking

22 ‘‘Whoever—

23 ‘‘(1) with the intent to kill, injure, harass, or

24 intimidate another person, engages within the spe25 cial maritime and territorial jurisdiction of the
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1 United States in conduct that places that person in

2 reasonable fear of the death of, or serious bodily in3 jury (as defined in section 2266) to, that person or

4 a member of the immediate family (as defined in

5 section 115) of that person; or

6 ‘‘(2) with the intent to kill, injure, harass, or

7 intimidate another person, travels in interstate or

8 foreign commerce, or enters or leaves Indian coun9 try, and, in the course of or as a result of such trav10 el, engages in conduct that places that person in

11 reasonable fear of the death of, or serious bodily in12 jury (as defined in section 2266) to, that person or

13 a member of the immediate family (as defined in

14 section 115) of that person,

15 shall be punished as provided in section 2261(b).’’.

16 (c) INTERSTATE VIOLATION OF PROTECTION

17 ORDER.—Section 2262 of title 18, United States Code,

18 is amended by striking subsection (a) and inserting the

19 following:

20 ‘‘(a) OFFENSES.—

21 ‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A

22 person who travels in interstate or foreign com23 merce, or enters or leaves Indian country, with the

24 intent to engage in conduct that violates the portion

25 of a protection order that prohibits or provides pro-
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1 tection against violence, threats, or harassment

2 against, contact or communication with, or physical

3 proximity to, another person, or that would violate

4 such a portion of a protection order in the jurisdic5 tion in which the order was issued, and subsequently

6 engages in such conduct, shall be punished as pro7 vided in subsection (b).

8 ‘‘(2) CAUSING TRAVEL OF VICTIM.—A person

9 who causes another person to travel in interstate or

10 foreign commerce or to enter or leave Indian country

11 by force, coercion, duress, or fraud, and in the

12 course of, as a result of, or to facilitate such conduct

13 or travel engages in conduct that violates the portion

14 of a protection order that prohibits or provides pro15 tection against violence, threats, or harassment

16 against, contact or communication with, or physical

17 proximity to, another person, or that would violate

18 such a portion of a protection order in the jurisdic19 tion in which the order was issued, shall be punished

20 as provided in subsection (b).’’.

21 (d) DEFINITIONS.—Section 2266 of title 18, United

22 States Code, is amended to read as follows:

23 ‘‘§ 2266. Definitions

24 ‘‘In this chapter:
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1 ‘‘(1) BODILY INJURY.—The term ‘bodily injury’

2 means any act, except one done in self-defense, that

3 results in physical injury or sexual abuse.

4 ‘‘(2) ENTER OR LEAVE INDIAN COUNTRY.—The

5 term ‘enter or leave Indian country’ includes leaving

6 the jurisdiction of 1 tribal government and entering

7 the jurisdiction of another tribal government.

8 ‘‘(3) INDIAN COUNTRY.—The term ‘Indian

9 country’ has the meaning stated in section 1151 of

10 this title.

11 ‘‘(4) PROTECTION ORDER.—The term ‘protec12 tion order’ includes any injunction or other order

13 issued for the purpose of preventing violent or

14 threatening acts or harassment against, or contact

15 or communication with or physical proximity to, an16 other person, including any temporary or final order

17 issued by a civil and criminal court (other than a

18 support or child custody order issued pursuant to

19 State divorce and child custody laws) whether ob20 tained by filing an independent action or as a

21 pendente lite order in another proceeding so long as

22 any civil order was issued in response to a com23 plaint, petition, or motion filed by or on behalf of a

24 person seeking protection.
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1 ‘‘(5) SERIOUS BODILY INJURY.—The term ‘seri2 ous bodily injury’ has the meaning stated in section

3 2119(2).

4 ‘‘(6) SPOUSE OR INTIMATE PARTNER.—The

5 term ‘spouse or intimate partner’ includes—

6 ‘‘(A) a spouse, a former spouse, a person

7 who shares a child in common with the abuser,

8 and a person who cohabits or has cohabited

9 with the abuser as a spouse; and

10 ‘‘(B) any other person similarly situated to

11 a spouse who is protected by the domestic or

12 family violence laws of the State or tribal juris13 diction in which the injury occurred or where

14 the victim resides.

15 ‘‘(7) STATE.—The term ‘State’ includes a State

16 of the United States, the District of Columbia, a

17 commonwealth, territory, or possession of the United

18 States.

19 ‘‘(8) TRAVEL IN INTERSTATE OR FOREIGN COM20 MERCE.—The term ‘travel in interstate or foreign

21 commerce’ does not include travel from 1 State to

22 another by an individual who is a member of an In23 dian tribe and who remains at all times in the terri24 tory of the Indian tribe of which the individual is a

25 member.’’.
25

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1 SEC. 108. GRANTS TO REDUCE VIOLENT CRIMES AGAINST

2 WOMEN ON CAMPUS.

3 Section 826 of the Higher Education Amendments of

4 1998 (20 U.S.C. 1152) is amended—

5 (1) in subsection (f)(1), by inserting ‘‘by a per6 son with whom the victim has engaged in a social re7 lationship of a romantic or intimate nature,’’ after

8 ‘‘cohabited with the victim,’’; and

9 (2) in subsection (g), by striking ‘‘fiscal year

10 1999 and such sums as may be necessary for each

11 of the 4 succeeding fiscal years’’ and inserting ‘‘each

12 of fiscal years 2001 through 2005’’.

13 TITLE II—STRENGTHENING

14 SERVICES TO VICTIMS OF VI15 OLENCE

16 SEC. 201. LEGAL ASSISTANCE FOR VICTIMS.

17 (a) IN GENERAL.—The purpose of this section is to

18 enable the Attorney General to award grants to increase

19 the availability of legal assistance necessary to provide ef20 fective aid to victims of domestic violence, stalking, or sex21 ual assault who are seeking relief in legal matters arising

22 as a consequence of that abuse or violence, at minimal

23 or no cost to the victims.

24 (b) DEFINITIONS.—In this section:

25 (1) DOMESTIC VIOLENCE.—The term ‘‘domestic

26 violence’’ has the meaning given the term in section
26

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1 2003 of title I of the Omnibus Crime Control and

2 Safe Streets Act of 1968 (42 U.S.C. 3796gg–2).

3 (2) LEGAL ASSISTANCE FOR VICTIMS.—The

4 term ‘‘legal assistance’’ includes assistance to vic5 tims of domestic violence, stalking, and sexual as6 sault in family, criminal, immigration, administra7 tive, or housing matters, protection or stay away

8 order proceedings, and other similar matters. No

9 funds made available under this section may be used

10 to provide financial assistance in support of any liti11 gation described in paragraph (14) of section 504 of

12 Public Law 104–134.

13 (3) SEXUAL ASSAULT.—The term ‘‘sexual as14 sault’’ has the meaning given the term in section

15 2003 of title I of the Omnibus Crime Control and

16 Safe Streets Act of 1968 (42 U.S.C. 3796gg–2).

17 (c) LEGAL ASSISTANCE FOR VICTIMS GRANTS.—The

18 Attorney General may award grants under this subsection

19 to private nonprofit entities, Indian tribal governments,

20 and publicly funded organizations not acting in a govern21 mental capacity such as law schools, and which shall be

22 used—

23 (1) to implement, expand, and establish cooper24 ative efforts and projects between domestic violence

25 and sexual assault victim services organizations and
27

•S 2787 IS

1 legal assistance providers to provide legal assistance

2 for victims of domestic violence, stalking, and sexual

3 assault;

4 (2) to implement, expand, and establish efforts

5 and projects to provide legal assistance for victims

6 of domestic violence, stalking, and sexual assault by

7 organizations with a demonstrated history of pro8 viding direct legal or advocacy services on behalf of

9 these victims; and

10 (3) to provide training, technical assistance,

11 and data collection to improve the capacity of grant12 ees and other entities to offer legal assistance to vic13 tims of domestic violence, stalking, and sexual as14 sault.

15 (d) GRANT TO ESTABLISH DATABASE OF PROGRAMS

16 THAT PROVIDE LEGAL ASSISTANCE TO VICTIMS.—

17 (1) IN GENERAL.—The Attorney General may

18 make a grant to establish, operate, and maintain a

19 national computer database of programs and organi20 zations that provide legal assistance to victims of do21 mestic violence, stalking, and sexual assault.

22 (2) DATABASE REQUIREMENTS.—A database

23 established with a grant under this subsection shall

24 be—
28

•S 2787 IS

1 (A) designed to facilitate the referral of

2 persons to programs and organizations that

3 provide legal assistance to victims of domestic

4 violence, stalking, and sexual assault; and

5 (B) operated in coordination with—

6 (i) the national domestic violence hot7 line established under section 316 of the

8 Family Violence Prevention and Services

9 Act; and

10 (ii) any comparable national sexual

11 assault hotline or other similar resource.

12 (e) EVALUATION.—The Attorney General may evalu13 ate the grants funded under this section through contracts

14 or other arrangements with entities expert on domestic vi15 olence, stalking, and sexual assault, and on evaluation re16 search.

17 (f) AUTHORIZATION OF APPROPRIATIONS.—

18 (1) IN GENERAL.—There is authorized to be

19 appropriated from the Violent Crime Reduction

20 Trust Fund established under section 310001 of the

21 Violent Crime Control and Law Enforcement Act of

22 1994 (42 U.S.C. 14211) to carry out this section

23 $35,000,000 for each of fiscal years 2001 through

24 2005.
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1 (2) ALLOCATION OF FUNDS.—Of the amount

2 made available under this subsection in each fiscal

3 year, not less than 5 percent shall be used for grants

4 for programs that assist victims of domestic violence,

5 stalking, and sexual assault on lands within the ju6 risdiction of an Indian tribe.

7 (3) NONSUPPLANTATION.—Amounts made

8 available under this section shall be used to supple9 ment and not supplant other Federal, State, and

10 local funds expended to further the purpose of this

11 section.

12 SEC. 202. SHELTER SERVICES FOR BATTERED WOMEN AND

13 CHILDREN.

14 (a) STATE SHELTER GRANTS.—Section 303(a)(2)(C)

15 of the Family Violence Prevention and Services Act (42

16 U.S.C. 10402(a)(2)(C)) is amended by striking ‘‘popu17 lations underserved because of ethnic, racial, cultural, lan18 guage diversity or geographic isolation’’ and inserting

19 ‘‘populations underserved because of race, ethnicity, age,

20 disability, religion, alienage status, geographic location

21 (including rural isolation), or language barriers, and any

22 other populations determined by the Secretary to be un23 derserved’’.
30

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1 (b) STATE MINIMUM; REALLOTMENT.—Section 304

2 of the Family Violence Prevention and Services Act (42

3 U.S.C. 10403) is amended—

4 (1) in subsection (a), by striking ‘‘for grants to

5 States for any fiscal year’’ and all that follows and

6 inserting the following: ‘‘and available for grants to

7 States under this subsection for any fiscal year—

8 ‘‘(1) Guam, American Samoa, the United

9 States Virgin Islands, the Commonwealth of the

10 Northern Mariana Islands, and the combined Freely

11 Associated States shall each be allotted not less than

1 12 ⁄8 of 1 percent of the amounts available for grants

13 under section 303(a) for the fiscal year for which

14 the allotment is made; and

15 ‘‘(2) each State shall be allotted for payment in

16 a grant authorized under section 303(a), $600,000,

17 with the remaining funds to be allotted to each State

18 in an amount that bears the same ratio to such re19 maining funds as the population of such State bears

20 to the population of all States.’’;

21 (2) in subsection (c), in the first sentence, by

22 inserting ‘‘and available’’ before ‘‘for grants’’; and

23 (3) by adding at the end the following:

24 ‘‘(e) In subsection (a)(2), the term ‘‘State’’ does not

25 include any jurisdiction specified in subsection (a)(1).’’.
31

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1 (c) SECRETARIAL RESPONSIBILITIES.—Section

2 305(a) of the Family Violence Prevention and Services Act

3 (42 U.S.C. 10404(a)) is amended—

4 (1) by striking ‘‘an employee’’ and inserting ‘‘1

5 or more employees’’;

6 (2) by striking ‘‘of this title.’’ and inserting ‘‘of

7 this title, including carrying out evaluation and mon8 itoring under this title.’’; and

9 (3) by striking ‘‘The individual’’ and inserting

10 ‘‘Any individual’’.

11 (d) RESOURCE CENTERS.—Section 308 of the Fam12 ily Violence Prevention and Services Act (42 U.S.C.

13 10407) is amended—

14 (1) in subsection (a)(2), by inserting ‘‘on pro15 viding information, training, and technical assist16 ance’’ after ‘‘focusing’’; and

17 (2) in subsection (c), by adding at the end the

18 following:

19 ‘‘(8) Providing technical assistance and training

20 to local entities carrying out domestic violence pro21 grams that provide shelter, related assistance, or

22 transitional housing assistance.

23 ‘‘(9) Improving access to services, information,

24 and training, concerning family violence, within In25 dian tribes and Indian tribal agencies.
32

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1 ‘‘(10) Providing technical assistance and train2 ing to appropriate entities to improve access to serv3 ices, information, and training concerning family vio4 lence occurring in underserved populations.’’.

5 (e) CONFORMING AMENDMENT.—Section 309(6) of

6 the Family Violence Prevention and Services Act (42

7 U.S.C. 10408(6)) is amended by striking ‘‘the Virgin Is8 lands, the Northern Mariana Islands, and the Trust Terri9 tory of the Pacific Islands’’ and inserting ‘‘the United

10 States Virgin Islands, the Commonwealth of the Northern

11 Mariana Islands, and the combined Freely Associated

12 States’’.

13 (f) REAUTHORIZATION.—Section 310 of the Family

14 Violence Prevention and Services Act (42 U.S.C. 10409)

15 is amended—

16 (1) by striking subsection (a) and inserting the

17 following:

18 ‘‘(a) IN GENERAL.—

19 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated to carry out

21 this title $175,000,000 for each of fiscal years 2001

22 through 2005.

23 ‘‘(2) SOURCE OF FUNDS.—Amounts made avail24 able under paragraph (1) may be appropriated from

25 the Violent Crime Reduction Trust Fund established
33

•S 2787 IS

1 under section 310001 of the Violent Crime Control

2 and Law Enforcement Act of 1994 (42 U.S.C.

3 14211).’’;

4 (2) in subsection (b), by striking ‘‘under sub5 section 303(a)’’ and inserting ‘‘under section

6 303(a)’’;

7 (3) in subsection (c), by inserting ‘‘not more

8 than the lesser of $7,500,000 or’’ before ‘‘5’’; and

9 (4) by adding at the end the following:

10 ‘‘(f) EVALUATION, MONITORING, AND ADMINISTRA11 TION.—Of the amounts appropriated under subsection (a)

12 for each fiscal year, not more than 1 percent shall be used

13 by the Secretary for evaluation, monitoring, and adminis14 trative costs under this title.’’.

15 (g) STATE DOMESTIC VIOLENCE COALITION GRANT

16 ACTIVITIES.—Section 311 of the Family Violence Preven17 tion and Services Act (42 U.S.C. 10410) is amended—

18 (1) in subsection (a)(4), by striking ‘‘under19 served racial, ethnic or language-minority popu20 lations’’ and inserting ‘‘underserved populations de21 scribed in section 303(a)(2)(C)’’; and

22 (2) in subsection (c), by striking ‘‘the U.S. Vir23 gin Islands, the Northern Mariana Islands, and the

24 Trust Territory of the Pacific Islands’’ and inserting

25 ‘‘the United States Virgin Islands, the Common-
34

•S 2787 IS

1 wealth of the Northern Mariana Islands, and the

2 Freely Associated States’’.

3 SEC. 203. TRANSITIONAL HOUSING ASSISTANCE FOR VIC4 TIMS OF DOMESTIC VIOLENCE.

5 Title III of the Family Violence Prevention and Serv6 ices Act (42 U.S.C. 10401 et seq.) is amended by adding

7 at the end the following new section:

8 ‘‘SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

9 ‘‘(a) IN GENERAL.—The Secretary shall award

10 grants under this section to carry out programs to provide

11 assistance to individuals, and their dependents—

12 ‘‘(1) who are homeless or in need of transitional

13 housing or other housing assistance, as a result of

14 fleeing a situation of domestic violence; and

15 ‘‘(2) for whom emergency shelter services are

16 unavailable or insufficient.

17 ‘‘(b) ASSISTANCE DESCRIBED.—Assistance provided

18 under this section may include—

19 ‘‘(1) short-term housing assistance, including

20 rental or utilities payments assistance and assistance

21 with related expenses, such as payment of security

22 deposits and other costs incidental to relocation to

23 transitional housing, in cases in which assistance de24 scribed in this paragraph is necessary to prevent
35

•S 2787 IS

1 homelessness because an individual or dependent is

2 fleeing a situation of domestic violence; and

3 ‘‘(2) short-term support services, including pay4 ment of expenses and costs associated with transpor5 tation and job training referrals, child care, coun6 seling, transitional housing identification and place7 ment, and related services.

8 ‘‘(c) TERM OF ASSISTANCE.—An individual or de9 pendent assisted under this section may not receive assist10 ance under this section for a total of more than 12

11 months.

12 ‘‘(d) REPORTS.—

13 ‘‘(1) REPORT TO SECRETARY.—

14 ‘‘(A) IN GENERAL.—An entity that re15 ceives a grant under this section shall annually

16 prepare and submit to the Secretary a report

17 describing the number of individuals and de18 pendents assisted, and the types of housing as19 sistance and support services provided, under

20 this section.

21 ‘‘(B) CONTENTS.—Each report shall in22 clude information on—

23 ‘‘(i) the purpose and amount of hous24 ing assistance provided to each individual

25 or dependent assisted under this section;
36

•S 2787 IS

1 ‘‘(ii) the number of months each indi2 vidual or dependent received the assist3 ance;

4 ‘‘(iii) the number of individuals and

5 dependents who were eligible to receive the

6 assistance, and to whom the entity could

7 not provide the assistance solely due to a

8 lack of available housing; and

9 ‘‘(iv) the type of support services pro10 vided to each individual or dependent as11 sisted under this section.

12 ‘‘(2) REPORT TO CONGRESS.—The Secretary

13 shall annually prepare and submit to the Committee

14 on the Judiciary of the House of Representatives

15 and the Committee on the Judiciary of the Senate

16 a report that contains a compilation of the informa17 tion contained in reports submitted under paragraph

18 (1).

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated from the Violent Crime

21 Reduction Trust Fund established under section 310001

22 of the Violent Crime Control and Law Enforcement Act

23 of 1994 (42 U.S.C. 14211) to carry out this section—

24 ‘‘(1) $25,000,000 for each of fiscal years 2001

25 through 2003; and
37

•S 2787 IS

1 ‘‘(2) $30,000,000 for each of fiscal years 2004

2 and 2005.’’.

3 SEC. 204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

4 (a) REAUTHORIZATION.—Section 316(f) of the Fam5 ily Violence Prevention and Services Act (42 U.S.C.

6 10416(f)) is amended by striking paragraph (1) and in7 serting the following:

8 ‘‘(1) IN GENERAL.—There are authorized to be

9 appropriated from the Violent Crime Reduction

10 Trust Fund established under section 310001 of the

11 Violent Crime Control and Law Enforcement Act of

12 1994 (42 U.S.C. 14211) to carry out this section

13 $2,000,000 for each of fiscal years 2001 through

14 2005.’’.

15 (b) REPORT REQUIREMENT.—Section 316 of the

16 Family Violence Prevention and Services Act (42 U.S.C.

17 10416) is amended—

18 (1) by redesignating subsection (f) as sub19 section (g); and

20 (2) by inserting after subsection (e) the fol21 lowing:

22 ‘‘(f) REPORT BY GRANT RECIPIENT.—

23 ‘‘(1) IN GENERAL.—Not later than 180 days

24 after the date of enactment of the Violence Against

25 Women Act of 2000, each recipient of a grant under
38

•S 2787 IS

1 this section shall prepare and submit to the Sec2 retary a report that contains—

3 ‘‘(A) an evaluation of the effectiveness of

4 the activities carried out by the recipient with

5 amounts received under this section; and

6 ‘‘(B) such other information as the Sec7 retary may prescribe.

8 ‘‘(2) NOTICE AND PUBLIC COMMENT.—The

9 Secretary shall—

10 ‘‘(A) publish in the Federal Register a

11 copy of the report submitted by the recipient

12 under this subsection; and

13 ‘‘(B) allow not less than 90 days for notice

14 of and opportunity for public comment on the

15 published report.’’.

16 SEC. 205. FEDERAL VICTIMS COUNSELORS.

17 Section 40114 of the Violent Crime Control and Law

18 Enforcement Act of 1994 (Public Law 103–322; 108 Stat.

19 1910) is amended by striking ‘‘(such as District of Colum20 bia)—’’ and all that follows and inserting ‘‘(such as Dis21 trict of Columbia), $1,000,000 for each of fiscal years

22 2001 through 2005.’’.
39

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1 SEC. 206. STUDY OF STATE LAWS REGARDING INSURANCE

2 DISCRIMINATION AGAINST VICTIMS OF VIO3 LENCE AGAINST WOMEN.

4 (a) IN GENERAL.—The Attorney General shall con5 duct a national study to identify State laws that address

6 discrimination against victims of domestic violence and

7 sexual assault related to issuance or administration of in8 surance policies.

9 (b) REPORT.—Not later than 1 year after the date

10 of enactment of this Act, the Attorney General shall sub11 mit to Congress a report on the findings and recommenda12 tions of the study required by subsection (a).

13 SEC. 207. STUDY OF WORKPLACE EFFECTS FROM VIO14 LENCE AGAINST WOMEN.

15 The Attorney General shall—

16 (1) conduct a national survey of plans, pro17 grams, and practices developed to assist employers

18 and employees on appropriate responses in the work19 place related to victims of domestic violence, stalk20 ing, or sexual assault; and

21 (2) not later than 18 months after the date of

22 enactment of this Act, submit to Congress a report

23 describing the results of that survey, which report

24 shall include the recommendations of the Attorney

25 General to assist employers and employees affected
40

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1 in the workplace by incidents of domestic violence,

2 stalking, and sexual assault.

3 SEC. 208. STUDY OF UNEMPLOYMENT COMPENSATION FOR

4 VICTIMS OF VIOLENCE AGAINST WOMEN.

5 The Secretary of Labor, in consultation with the At6 torney General, shall—

7 (1) conduct a national study to identify State

8 laws that address the separation from employment

9 of an employee due to circumstances directly result10 ing from the experience of domestic violence by the

11 employee and circumstances governing that receipt

12 (or nonreceipt) by the employee of unemployment

13 compensation based on such separation; and

14 (2) not later than 1 year after the date of en15 actment of this Act, submit to Congress a report de16 scribing the results of that study, together with any

17 recommendations based on that study.

18 SEC. 209. ENHANCING PROTECTIONS FOR OLDER WOMEN

19 FROM DOMESTIC VIOLENCE AND SEXUAL AS20 SAULT.

21 (a) DEFINITION.—In this section, the term ‘‘older in22 dividual’’ has the meaning given the term in section 102

23 of the Older Americans Act of 1965 (42 U.S.C. 3002).

24 (b) PROTECTIONS FOR OLDER INDIVIDUALS FROM

25 DOMESTIC VIOLENCE AND SEXUAL ASSAULT IN PRO-AR-
41

•S 2787 IS

1 REST GRANTS.—Section 2101(b) of part U of title I of

2 the Omnibus Crime Control and Safe Streets Act of 1968

3 (42 U.S.C. 3796hh et seq.) is amended by adding at the

4 end the following:

5 ‘‘(8) To develop or strengthen policies and

6 training for police, prosecutors, and the judiciary in

7 recognizing, investigating, and prosecuting instances

8 of domestic violence and sexual assault against older

9 individuals (as is defined in section 102 of the Older

10 Americans Act of 1965) (42 U.S.C. 3002)).’’.

11 (c) PROTECTIONS FOR OLDER INDIVIDUALS FROM

12 DOMESTIC VIOLENCE AND SEXUAL ASSAULT IN STOP

13 GRANTS.—Part T of title I of the Omnibus Crime Control

14 and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.)

15 is amended—

16 (1) in section 2001(b)—

17 (A) in paragraph (7) (as amended by sec18 tion 103(b) of this Act), by striking ‘‘and’’ at

19 the end;

20 (B) in paragraph (8) (as added by section

21 103(b) of this Act), by striking the period at

22 the end and inserting ‘‘; and’’; and

23 (C) by adding at the end the following:

24 ‘‘(9) developing, enlarging, or strengthening

25 programs to assist law enforcement, prosecutors,
42

•S 2787 IS

1 courts, and others to address the needs and cir2 cumstances of older women who are victims of do3 mestic violence or sexual assault, including recog4 nizing, investigating, and prosecuting instances of

5 such violence or assault and targeting outreach and

6 support and counseling services to such older indi7 viduals.’’; and

8 (2) in section 2003(7) (as amended by section

9 103(b) of this Act), by inserting after ‘‘any other

10 populations determined to be underserved’’ the fol11 lowing: ‘‘, and the needs of older individuals (as de12 fined in section 102 of the Older Americans Act of

13 1965 (42 U.S.C. 3002)) who are victims of family

14 violence’’.

15 (d) ENHANCING SERVICES FOR OLDER INDIVIDUALS

16 IN SHELTERS.—Section 303(a)(2)(C) of the Family Vio17 lence Prevention and Services Act (42 U.S.C.

18 10402(a)(2)(C)) (as amended by section 202(a)(1) of this

19 Act) is amended by inserting after ‘‘any other populations

20 determined by the Secretary to be underserved’’ the fol21 lowing: ‘‘, and the needs of older individuals (as defined

22 in section 102 of the Older Americans Act of 1965 (42

23 U.S.C. 3002)) who are victims of family violence’’.
43

•S 2787 IS

1 TITLE III—LIMITING THE EF2 FECTS OF VIOLENCE ON

3 CHILDREN

4 SEC. 301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM.

5 (a) IN GENERAL.—The Attorney General may award

6 grants to States, units of local government, and Indian

7 tribal governments that propose to enter into or expand

8 the scope of existing contracts and cooperative agreements

9 with public or private nonprofit entities to provide super10 vised visitation and safe visitation exchange of children by

11 and between parents in situations involving domestic vio12 lence, child abuse, or sexual assault.

13 (b) CONSIDERATIONS.—In awarding grants under

14 subsection (a), the Attorney General shall take into

15 account—

16 (1) the number of families to be served by the

17 proposed visitation programs and services;

18 (2) the extent to which the proposed supervised

19 visitation programs and services serve underserved

20 populations (as defined in section 2003 of title I of

21 the Omnibus Crime Control and Safe Streets Act of

22 1968 (42 U.S.C. 3796gg–2));

23 (3) with respect to an applicant for a contract

24 or cooperative agreement, the extent to which the

25 applicant demonstrates cooperation and collabora-
44

•S 2787 IS

1 tion with nonprofit, nongovernmental entities in the

2 local community served, including the State domestic

3 violence coalition, State sexual assault coalition, local

4 shelters, and programs for domestic violence and

5 sexual assault victims; and

6 (4) the extent to which the applicant dem7 onstrates coordination and collaboration with State

8 and local court systems, including mechanisms for

9 communication and referral.

10 (c) APPLICANT REQUIREMENTS.—The Attorney Gen11 eral shall award grants for contracts and cooperative

12 agreements to applicants that—

13 (1) demonstrate expertise in the area of family

14 violence, including the areas of domestic violence or

15 sexual assault, as appropriate;

16 (2) ensure that any fees charged to individuals

17 for use of programs and services are based on the

18 income of those individuals, unless otherwise pro19 vided by court order;

20 (3) demonstrate that adequate security meas21 ures, including adequate facilities, procedures, and

22 personnel capable of preventing violence, are in place

23 for the operation of supervised visitation programs

24 and services or safe visitation exchange; and
45

•S 2787 IS

1 (4) prescribe standards by which the supervised

2 visitation or safe visitation exchange will occur.

3 (d) REPORTING.—

4 (1) IN GENERAL.—Not later than 1 year after

5 the last day of the first fiscal year commencing on

6 or after the date of enactment of this Act, and not

7 later than 180 days after the last day of each fiscal

8 year thereafter, the Attorney General shall submit to

9 Congress a report that includes information

10 concerning—

11 (A) the number of—

12 (i) individuals served and the number

13 of individuals turned away from visitation

14 programs and services and safe visitation

15 exchange (categorized by State);

16 (ii) the number of individuals from

17 underserved populations served and turned

18 away from services; and

19 (iii) the type of problems that underlie

20 the need for supervised visitation or safe

21 visitation exchange, such as domestic vio22 lence, child abuse, sexual assault, other

23 physical abuse, or a combination of such

24 factors;
46

•S 2787 IS

1 (B) the numbers of supervised visitations

2 or safe visitation exchanges ordered under this

3 section during custody determinations under a

4 separation or divorce decree or protection order,

5 through child protection services or other social

6 services agencies, or by any other order of a

7 civil, criminal, juvenile, or family court;

8 (C) the process by which children or

9 abused partners are protected during visita10 tions, temporary custody transfers, and other

11 activities for which supervised visitation is es12 tablished under this section;

13 (D) safety and security problems occurring

14 during the reporting period during supervised

15 visitation under this section, including the num16 ber of parental abduction cases; and

17 (E) the number of parental abduction

18 cases in a judicial district using supervised visi19 tation programs and services under this section,

20 both as identified in criminal prosecution and

21 custody violations.

22 (2) GUIDELINES.—The Attorney General shall

23 establish guidelines for the collection and reporting

24 of data under this subsection.
47

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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated from the Violent Crime Re3 duction Trust Fund established under section 310001 of

4 the Violent Crime Control and Law Enforcement Act of

5 1994 (42 U.S.C. 14211) to carry out this section

6 $15,000,000 for each of fiscal years 2001 and 2002.

7 (f) ALLOTMENT FOR INDIAN TRIBES.—Not less than

8 5 percent of the total amount made available for each fis9 cal year to carry out this section shall be available for

10 grants to Indian tribal governments.

11 SEC. 302. REAUTHORIZATION OF RUNAWAY AND HOMELESS

12 YOUTH GRANTS.

13 Section 388(a) of the Runaway and Homeless Youth

14 Act (42 U.S.C. 5751(a)) is amended by striking para15 graph (4) and inserting the following:

16 ‘‘(4) PART E.—There is authorized to be appro17 priated from the Violent Crime Reduction Trust

18 Fund established under section 310001 of the Vio19 lent Crime Control and Law Enforcement Act of

20 1994 (42 U.S.C. 14211) to carry out part E

21 $22,000,000 for each of fiscal years 2001 through

22 2005.’’.
48

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1 SEC. 303. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE

2 PROGRAMS.

3 (a) COURT-APPOINTED SPECIAL ADVOCATE PRO4 GRAM.—Section 218 of the Victims of Child Abuse Act

5 of 1990 (42 U.S.C. 13014) is amended by striking sub6 section (a) and inserting the following:

7 ‘‘(a) AUTHORIZATION.—There is authorized to be ap8 propriated from the Violent Crime Reduction Trust Fund

9 established under section 310001 of the Violent Crime

10 Control and Law Enforcement Act of 1994 (42 U.S.C.

11 14211) to carry out this subtitle $12,000,000 for each of

12 fiscal years 2001 through 2005.’’.

13 (b) CHILD ABUSE TRAINING PROGRAMS FOR JUDI14 CIAL PERSONNEL AND PRACTITIONERS.—Section 224 of

15 the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024)

16 is amended by striking subsection (a) and inserting the

17 following:

18 ‘‘(a) AUTHORIZATION.—There is authorized to be ap19 propriated from the Violent Crime Reduction Trust Fund

20 established under section 310001 of the Violent Crime

21 Control and Law Enforcement Act of 1994 (42 U.S.C.

22 14211) to carry out this subtitle $2,300,000 for each of

23 fiscal years 2001 through 2005.’’.

24 (c) GRANTS FOR TELEVISED TESTIMONY.—Section

25 1001(a) of title I of the Omnibus Crime Control and Safe
49

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1 Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by

2 striking paragraph (7) and inserting the following:

3 ‘‘(7) There is authorized to be appropriated from the

4 Violent Crime Reduction Trust Fund established under

5 section 310001 of the Violent Crime Control and Law En6 forcement Act of 1994 (42 U.S.C. 14211) to carry out

7 part N $1,000,000 for each of fiscal years 2001 through

8 2005.’’.

9 (d) DISSEMINATION OF INFORMATION.—The Attor10 ney General shall—

11 (1) annually compile and disseminate informa12 tion (including through electronic publication) about

13 the use of amounts expended and the projects fund14 ed under section 218(a) of the Victims of Child

15 Abuse Act of 1990 (42 U.S.C. 13014(a)), section

16 224(a) of the Victims of Child Abuse Act of 1990

17 (42 U.S.C. 13024(a)), and section 1007(a)(7) of

18 title I of the Omnibus Crime Control and Safe

19 Streets Act of 1968 (42 U.S.C. 3793(a)(7)), includ20 ing any evaluations of the projects and information

21 to enable replication and adoption of the strategies

22 identified in the projects; and

23 (2) focus dissemination of the information de24 scribed in paragraph (1) toward community-based
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1 programs, including domestic violence and sexual as2 sault programs.

3 SEC. 304. REPORT ON EFFECTS OF PARENTAL KIDNAPPING

4 LAWS IN DOMESTIC VIOLENCE CASES.

5 (a) IN GENERAL.—The Attorney General shall—

6 (1) conduct a study of Federal and State laws

7 relating to child custody, including custody provi8 sions in protection orders, the Parental Kidnaping

9 Prevention Act of 1980, and the amendments made

10 by that Act, and the effect of those laws on child

11 custody cases in which domestic violence is a factor;

12 and

13 (2) submit to Congress a report describing the

14 results of that study, including the effects of imple15 menting or applying model State laws, and the rec16 ommendations of the Attorney General to reduce the

17 incidence or pattern of violence against women or of

18 sexual assault of the child.

19 (b) SUFFICIENCY OF DEFENSES.—In carrying out

20 subsection (a) with respect to the Parental Kidnaping Pre21 vention Act of 1980, and the amendments made by that

22 Act, the Attorney General shall examine the sufficiency

23 of defenses to parental abduction charges available in

24 cases involving domestic violence, and the burdens and

25 risks encountered by victims of domestic violence arising
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1 from jurisdictional requirements of that Act and the

2 amendments made by that Act.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $200,000 for fiscal year 2001.

6 (d) CONDITION FOR CUSTODY DETERMINATION.—

7 Section 1738A(c)(2)(C)(ii) of title 28, United States Code,

8 is amended by striking ‘‘he’’ and inserting ‘‘the child, a

9 sibling, or parent of the child’’.

10 TITLE IV—STRENGTHENING

11 EDUCATION AND TRAINING

12 TO COMBAT VIOLENCE

13 AGAINST WOMEN

14 SEC. 401. EDUCATION AND TRAINING IN APPROPRIATE RE15 SPONSES TO VIOLENCE AGAINST WOMEN.

16 (a) AUTHORITY.—The Secretary of Health and

17 Human Services, in consultation with the Attorney Gen18 eral, may award grants in accordance with this section to

19 public and private nonprofit entities that, in the deter20 mination of the Secretary, have—

21 (1) nationally recognized expertise in the areas

22 of domestic violence and sexual assault; and

23 (2) a record of commitment and quality re24 sponses to reduce domestic violence and sexual as25 sault.
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1 (b) PURPOSE.—Grants under this section may be

2 used for the purposes of developing, testing, presenting,

3 and disseminating model programs to provide education

4 and training in appropriate and effective responses to vic5 tims of domestic violence and sexual assault (including,

6 as appropriate, the effects of domestic violence on chil7 dren) for individuals (other than law enforcement officers

8 and prosecutors) who are likely to come into contact with

9 such victims during the course of their employment,

10 including—

11 (1) caseworkers, supervisors, administrators,

12 administrative law judges, and other individuals ad13 ministering Federal and State benefits programs,

14 such as child welfare and child protective services,

15 Temporary Assistance to Needy Families, social se16 curity disability, child support, medicaid, unemploy17 ment, workers’ compensation, and similar programs;

18 and

19 (2) medical and health care professionals, in20 cluding mental and behavioral health professionals

21 such as psychologists, psychiatrists, social workers,

22 therapists, counselors, and others.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated from the Violent Crime Re25 duction Trust Fund established under section 310001 of
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1 the Violent Crime Control and Law Enforcement Act of

2 1994 (42 U.S.C. 14211) to carry out this section

3 $5,000,000 for each of fiscal years 2001 through 2003.

4 SEC. 402. RAPE PREVENTION AND EDUCATION.

5 (a) IN GENERAL.—Part J of title III of the Public

6 Health Service Act (42 U.S.C. 280b et seq.) is amended

7 by inserting after section 393A the following:

8 ‘‘SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION

9 EDUCATION.

10 ‘‘(a) PERMITTED USE.—The Secretary, acting

11 through the National Center for Injury Prevention and

12 Control at the Centers for Disease Control and Preven13 tion, shall award targeted grants to States to be used for

14 rape prevention and education programs conducted by

15 rape crisis centers, State sexual assault coalitions, and

16 other public and private nonprofit entities for—

17 ‘‘(1) educational seminars;

18 ‘‘(2) the operation of hotlines;

19 ‘‘(3) training programs for professionals;

20 ‘‘(4) the preparation of informational material;

21 ‘‘(5) education and training programs for stu22 dents and campus personnel designed to reduce the

23 incidence of sexual assault at colleges and univer24 sities;
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1 ‘‘(6) education to increase awareness about

2 drugs used to facilitate rapes or sexual assaults; and

3 ‘‘(7) other efforts to increase awareness of the

4 facts about, or to help prevent, sexual assault, in5 cluding efforts to increase awareness in underserved

6 communities and awareness among individuals with

7 disabilities (as defined in section 3 of the Americans

8 with Disabilities Act of 1990 (42 U.S.C. 12102)).

9 ‘‘(b) COLLECTION AND DISSEMINATION OF INFORMA10 TION ON SEXUAL ASSAULT.—The Secretary shall,

11 through the National Resource Center on Sexual Assault

12 established under the National Center for Injury Preven13 tion and Control at the Centers for Disease Control and

14 Prevention, provide resource information, policy, training,

15 and technical assistance to Federal, State, local, and In16 dian tribal agencies, as well as to State sexual assault coa17 litions and local sexual assault programs and to other pro18 fessionals and interested parties on issues relating to sex19 ual assault, including maintenance of a central resource

20 library in order to collect, prepare, analyze, and dissemi21 nate information and statistics and analyses thereof relat22 ing to the incidence and prevention of sexual assault.

23 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

24 ‘‘(1) IN GENERAL.—There is authorized to be

25 appropriated from the Violent Crime Reduction
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1 Trust Fund established under section 310001 of the

2 Violent Crime Control and Law Enforcement Act of

3 1994 (42 U.S.C. 14211) to carry out this section,

4 $50,000,000 for each of fiscal years 2001 through

5 2005.

6 ‘‘(2) NATIONAL RESOURCE CENTER ALLOT7 MENT.—Of the total amount made available under

8 this subsection in each fiscal year, not more than the

9 greater of $1,000,000 or 2 percent of such amount

10 shall be available for allotment under subsection (b).

11 ‘‘(d) LIMITATIONS.—

12 ‘‘(1) SUPPLEMENT NOT SUPPLANT.—Amounts

13 provided to States under this section shall be used

14 to supplement and not supplant other Federal,

15 State, and local public funds expended to provide

16 services of the type described in subsection (a).

17 ‘‘(2) STUDIES.—A State may not use more

18 than 2 percent of the amount received by the State

19 under this section for each fiscal year for surveil20 lance studies or prevalence studies.

21 ‘‘(3) ADMINISTRATION.—A State may not use

22 more than 5 percent of the amount received by the

23 State under this section for each fiscal year for ad24 ministrative expenses.’’.
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1 (b) REPEAL.—Section 40151 of the Violence Against

2 Women Act of 1994 (108 Stat. 1920), and the amendment

3 made by such section, is repealed.

4 SEC. 403. EDUCATION AND TRAINING TO END VIOLENCE

5 AGAINST AND ABUSE OF WOMEN WITH DIS6 ABILITIES.

7 (a) IN GENERAL.—The Attorney General, in con8 sultation with the Secretary of Health and Human Serv9 ices, may award grants to States and nongovernmental

10 private entities to provide education and technical assist11 ance for the purpose of providing training, consultation,

12 and information on domestic violence, stalking, and sexual

13 assault against women who are individuals with disabilities

14 (as defined in section 3 of the Americans with Disabilities

15 Act of 1990 (42 U.S.C. 12102)).

16 (b) PRIORITIES.—In awarding grants under this sec17 tion, the Attorney General shall give priority to applica18 tions designed to provide education and technical assist19 ance on—

20 (1) the nature, definition, and characteristics of

21 domestic violence, stalking, and sexual assault expe22 rienced by women who are individuals with disabil23 ities;

24 (2) outreach activities to ensure that women

25 who are individuals with disabilities who are victims
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1 of domestic violence, stalking, and sexual assault re2 ceive appropriate assistance;

3 (3) the requirements of shelters and victim

4 services organizations under Federal anti-discrimina5 tion laws, including the Americans with Disabilities

6 Act of 1990 and section 504 of the Rehabilitation

7 Act of 1973; and

8 (4) cost-effective ways that shelters and victim

9 services may accommodate the needs of individuals

10 with disabilities in accordance with the Americans

11 with Disabilities Act of 1990.

12 (c) USES OF GRANTS.—Each recipient of a grant

13 under this section shall provide information and training

14 to organizations and programs that provide services to in15 dividuals with disabilities, including independent living

16 centers, disability-related service organizations, and do17 mestic violence programs providing shelter or related as18 sistance.

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated from the Violent Crime Re21 duction Trust Fund established under section 310001 of

22 the Violent Crime Control and Law Enforcement Act of

23 1994 (42 U.S.C. 14211) to carry out this section

24 $5,000,000 for each of fiscal years 2001 through 2005.
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1 SEC. 404. COMMUNITY INITIATIVES.

2 Section 318 of the Family Violence Prevention and

3 Services Act (42 U.S.C. 10418) is amended—

4 (1) in subsection (b)(2)—

5 (A) in subparagraph (G), by striking

6 ‘‘and’’ at the end;

7 (B) by redesignating subparagraph (H) as

8 subparagraph (I); and

9 (C) by inserting after subparagraph (G)

10 the following:

11 ‘‘(H) groups that provide services to indi12 viduals with disabilities;’’; and

13 (2) by striking subsection (h) and inserting the

14 following:

15 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated from the Violent Crime

17 Reduction Trust Fund established under section 310001

18 of the Violent Crime Control and Law Enforcement Act

19 of 1994 (42 U.S.C. 14211) to carry out this section

20 $5,000,000 for each of fiscal years 2001 through 2005.’’.

21 SEC. 405. DEVELOPMENT OF RESEARCH AGENDA IDENTI22 FIED BY THE VIOLENCE AGAINST WOMEN

23 ACT OF 1994.

24 (a) IN GENERAL.—The Attorney General shall—

25 (1) direct the National Institute of Justice, in

26 consultation and coordination with the Bureau of
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1 Justice Statistics and the National Academy of

2 Sciences, through its National Research Council, to

3 develop a research agenda based on the rec4 ommendations contained in the report entitled ‘‘Un5 derstanding Violence Against Women’’ of the Na6 tional Academy of Sciences ; and

7 (2) not later than 1 year after the date of en8 actment of this Act, in consultation with the Sec9 retary of the Department of Health and Human

10 Services, submit to Congress a report which shall

11 include—

12 (A) a description of the research agenda

13 developed under paragraph (1) and a plan to

14 implement that agenda;

15 (B) recommendations for priorities in car16 rying out that agenda to most effectively ad17 vance knowledge about and means by which to

18 prevent or reduce violence against women.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated from the Violent Crime

21 Reduction Trust Fund established under section 31001 of

22 the Violent Crime Control and Law Enforcement Act of

23 1994 (42 U.S.C. 14211) such sums as may be necessary

24 to carry out this section.
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1 TITLE V—BATTERED

2 IMMIGRANT WOMEN

3 SEC. 501. SHORT TITLE.

4 This title may be cited as the ‘‘Battered Immigrant

5 Women Protection Act of 2000’’.

6 SEC. 502. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the goal of the immigration protections for

9 battered immigrants included in the Violence

10 Against Women Act of 1994 was to remove immi11 gration laws as a barrier that kept battered immi12 grant women and children locked in abusive relation13 ships;

14 (2) providing battered immigrant women and

15 children who were experiencing domestic violence at

16 home with protection against deportation allows

17 them to obtain protection orders against their abus18 ers and frees them to cooperate with law enforce19 ment and prosecutors in criminal cases brought

20 against their abusers and the abusers of their chil21 dren without fearing that the abuser will retaliate by

22 withdrawing or threatening withdrawal of access to

23 an immigration benefit under the abuser’s control;

24 and
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1 (3) there are several groups of battered immi2 grant women and children who do not have access

3 to the immigration protections of the Violence

4 Against Women Act of 1994 which means that their

5 abusers are virtually immune from prosecution be6 cause their victims can be deported as a result of ac7 tion by their abusers and the Immigration and Nat8 uralization Service cannot offer them protection no

9 matter how compelling their case under existing law.

10 (b) PURPOSES.—The purposes of this title are—

11 (1) to remove barriers to criminal prosecutions

12 of persons who commit acts of battery or extreme

13 cruelty against immigrant women and children; and

14 (2) to offer protection against domestic violence

15 occurring in family and intimate relationships that

16 are covered in State and tribal protection orders, do17 mestic violence, and family law statutes.

18 SEC. 503. IMPROVED ACCESS TO IMMIGRATION PROTEC19 TIONS OF THE VIOLENCE AGAINST WOMEN

20 ACT OF 1994 FOR BATTERED IMMIGRANT

21 WOMEN.

22 (a) INTENDED SPOUSE DEFINED.—Section 101(a) of

23 the Immigration and Nationality Act (8 U.S.C. 1101(a))

24 is amended by adding at the end the following:
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1 ‘‘(50) The term ‘intended spouse’ means any alien

2 who meets the criteria set forth in section

3 204(a)(1)(A)(iii)(II)(aa)(BB),

4 204(a)(1)(B)(ii)(II)(aa)(BB), or 240A(b)(2)(A)(i)(III).’’.

5 (b) IMMEDIATE RELATIVE STATUS FOR SELF-PETI6 TIONERS MARRIED TO U.S. CITIZENS.—

7 (1) SELF-PETITIONING SPOUSES.—

8 (A) BATTERY OR CRUELTY TO ALIEN OR

9 ALIEN’S CHILD.—Section 204(a)(1)(A)(iii) of

10 the Immigration and Nationality Act (8 U.S.C.

11 1154(a)(1)(A)(iii)) is amended to read as fol12 lows:

13 ‘‘(iii)(I) An alien who is described in subclause (II)

14 may file a petition with the Attorney General under this

15 clause for classification of the alien (and any child of the

16 alien) if the alien demonstrates to the Attorney General

17 that—

18 ‘‘(aa) the marriage or the intent to marry the

19 United States citizen was entered into in good faith

20 by the alien; and

21 ‘‘(bb) during the marriage or relationship in22 tended by the alien to be legally a marriage, the

23 alien or a child of the alien has been battered or has

24 been the subject of extreme cruelty perpetrated by

25 the alien’s spouse or intended spouse.
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1 ‘‘(II) For purposes of subclause (I), an alien de2 scribed in this subclause is an alien—

3 ‘‘(aa)(AA) who is the spouse of a citizen of the

4 United States;

5 ‘‘(BB) who believed that he or she had married

6 a citizen of the United States and with whom a mar7 riage ceremony was actually performed and who oth8 erwise meets any applicable requirements under this

9 Act to establish the existence of and bona fides of

10 a marriage, but whose marriage is not legitimate

11 solely because of the bigamy of such citizen of the

12 United States; or

13 ‘‘(CC) who was a bona fide spouse of a United

14 States citizen within the past 2 years and—

15 ‘‘(aaa) whose spouse died within the past

16 2 years;

17 ‘‘(bbb) whose spouse lost or renounced citi18 zenship status related to an incident of domes19 tic violence; or

20 ‘‘(ccc) who demonstrates a connection be21 tween the legal termination of the marriage and

22 battering or extreme cruelty by the United

23 States citizen spouse;

24 ‘‘(bb) who is a person of good moral character;
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1 ‘‘(cc) who is eligible to be classified as an imme2 diate relative under section 201(b)(2)(A)(i) or who

3 would have been so classified but for the bigamy of

4 the citizen of the United States that the alien in5 tended to marry; and

6 ‘‘(dd) who has resided with the alien’s spouse or

7 intended spouse.’’.

8 (2) SELF-PETITIONING CHILDREN.—Section

9 204(a)(1)(A)(iv) of the Immigration and Nationality

10 Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended to read

11 as follows:

12 ‘‘(iv) An alien who is the child of a citizen of the

13 United States, or who was a child of a United States cit14 izen parent who lost or renounced citizenship status re15 lated to an incident of domestic violence, and who is a

16 person of good moral character, who is eligible to be classi17 fied as an immediate relative under section

18 201(b)(2)(A)(i), and who resides, or has resided in the

19 past, with the citizen parent may file a petition with the

20 Attorney General under this subparagraph for classifica21 tion of the alien (and any child of the alien) under such

22 section if the alien demonstrates to the Attorney General

23 that the alien has been battered by or has been the subject

24 of extreme cruelty perpetrated by the alien’s citizen par-
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1 ent. For purposes of this clause, residence includes any

2 period of visitation.’’.

3 (3) FILING OF PETITIONS.—Section

4 204(a)(1)(A) of the Immigration and Nationality

5 Act (8 U.S.C. 1154 (a)(1)(A)(iv)) is amended by

6 adding at the end the following:

7 ‘‘(v) An alien who is the spouse, intended spouse, or

8 child of a United States citizen living abroad and who is

9 eligible to file a petition under clause (iii) or (iv) shall file

10 such petition with the Attorney General under the proce11 dures that apply to self-petitioners under clauses (iii) or

12 (iv).’’.

13 (c) SECOND PREFERENCE IMMIGRATION STATUS

14 FOR SELF-PETITIONERS MARRIED TO LAWFUL PERMA15 NENT RESIDENTS.—

16 (1) SELF-PETITIONING SPOUSES.—Section

17 204(a)(1)(B)(ii) of the Immigration and Nationality

18 Act (8 U.S.C. 1154(a)(1)(B)(ii)) is amended to read

19 as follows:

20 ‘‘(ii)(I) An alien who is described in subclause (II)

21 may file a petition with the Attorney General under this

22 clause for classification of the alien (and any child of the

23 alien) if such a child has not been classified under clause

24 (iii) of section 203(a)(2)(A) and if the alien demonstrates

25 to the Attorney General that—
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1 ‘‘(aa) the marriage or the intent to marry the

2 lawful permanent resident was entered into in good

3 faith by the alien; and

4 ‘‘(bb) during the marriage or relationship in5 tended by the alien to be legally a marriage, the

6 alien or a child of the alien has been battered or has

7 been the subject of extreme cruelty perpetrated by

8 the alien’s spouse or intended spouse.

9 ‘‘(II) For purposes of subclause (I), an alien de10 scribed in this paragraph is an alien—

11 ‘‘(aa)(AA) who is the spouse of a lawful perma12 nent resident of the United States; or

13 ‘‘(BB) who believed that he or she had married

14 a lawful permanent resident of the United States

15 and with whom a marriage ceremony was actually

16 performed and who otherwise meets any applicable

17 requirements under this Act to establish the exist18 ence of and bona fides of a marriage, but whose

19 marriage is not legitimate solely because of the biga20 my of such lawful permanent resident of the United

21 States; or

22 ‘‘(CC) who was a bona fide spouse of a lawful

23 permanent resident within the past 2 years and—

24 ‘‘(aaa) whose spouse lost status due to an

25 incident of domestic violence; or
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1 ‘‘(bbb) who demonstrates a connection be2 tween the legal termination of the marriage and

3 battering or extreme cruelty by the lawful per4 manent resident spouse;

5 ‘‘(bb) who is a person of good moral character;

6 ‘‘(cc) who is eligible to be classified as a spouse

7 of an alien lawfully admitted for permanent resi8 dence under section 203(a)(2)(A) or who would have

9 been so classified but for the bigamy of the lawful

10 permanent resident of the United States that the

11 alien intended to marry; and

12 ‘‘(dd) who has resided with the alien’s spouse or

13 intended spouse.’’.

14 (3) SELF-PETITIONING CHILDREN.—Section

15 204(a)(1)(B)(iii) of the Immigration and Nationality

16 Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended to

17 read as follows:

18 ‘‘(iii) An alien who is the child of an alien lawfully

19 admitted for permanent residence, or who was the child

20 of a lawful permanent resident who lost lawful permanent

21 resident status due to an incident of domestic violence,

22 and who is a person of good moral character, who is eligi23 ble for classification under section 203(a)(2)(A), and who

24 resides, or has resided in the past, with the alien’s perma25 nent resident alien parent may file a petition with the At-
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1 torney General under this subparagraph for classification

2 of the alien (and any child of the alien) under such section

3 if the alien demonstrates to the Attorney General that the

4 alien has been battered by or has been the subject of ex5 treme cruelty perpetrated by the alien’s permanent resi6 dent parent. For purposes of this clause, residence in7 cludes any period of visitation.’’.

8 (4) FILING OF PETITIONS.—Section

9 204(a)(1)(B) of the Immigration and Nationality

10 Act (8 U.S.C. 1154(a)(1)(B)) is amended by adding

11 at the end the following:

12 ‘‘(iv) An alien who is the spouse, intended spouse, or

13 child of a lawful permanent resident living abroad is eligi14 ble to file a petition under clause (ii) or (iii) shall file such

15 petition with the Attorney General under the procedures

16 that apply to self-petitioners under clauses (ii) or (iii).’’.

17 (d) GOOD MORAL CHARACTER DETERMINATIONS

18 FOR SELF-PETITIONERS AND TREATMENT OF CHILD

19 SELF-PETITIONERS AND PETITIONS INCLUDING DERIVA20 TIVE CHILDREN ATTAINING 21 YEARS OF AGE.—Section

21 204(a)(1) of the Immigration and Nationality Act (8

22 U.S.C. 1154(a)(1)) is amended—

23 (1) by redesignating subparagraphs (C) through

24 (H) as subparagraphs (E) through (J), respectively;
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1 (2) by inserting after subparagraph (B) the fol2 lowing:

3 ‘‘(C) Notwithstanding section 101(f), an

4 act or conviction that is waivable with respect

5 to the petitioner for purposes of a determina6 tion of the petitioner’s admissibility under sec7 tion 212(a) or deportability under section

8 237(a) shall not bar the Attorney General from

9 finding the petitioner to be of good moral char10 acter under subparagraph (A)(iii), (A)(iv),

11 (B)(ii), or (B)(iii) if the Attorney General finds

12 that the act or conviction was connected to the

13 alien’s having been battered or subjected to ex14 treme cruelty.

15 ‘‘(D)(i)(I) Any child who attains 21 years

16 of age who has filed a petition under clause (iv)

17 of section 204(a)(1)(A) that was filed or ap18 proved before the date on which the child at19 tained 21 years of age shall be considered (if

20 the child has not been admitted or approved for

21 lawful permanent residence by the date the

22 child attained 21 years of age) a petitioner for

23 preference status under paragraph (1), (2), or

24 (3) of section 203(a), whichever paragraph is

25 applicable, with the same priority date assigned
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1 to the self-petition filed under clause (iv) of sec2 tion 204(a)(1)(A). No new petition shall be re3 quired to be filed.

4 ‘‘(II) Any individual described in subclause

5 (I) is eligible for deferred action and work au6 thorization.

7 ‘‘(III) Any derivative child who attains 21

8 years of age who is included in a petition de9 scribed in clause (ii) that was filed or approved

10 before the date on which the child attained 21

11 years of age shall be considered (if the child has

12 not been admitted or approved for lawful per13 manent residence by the date the child attained

14 21 years of age) a petitioner for preference sta15 tus under paragraph (1), (2), or (3) of section

16 203(a), whichever paragraph is applicable, with

17 the same priority date as that assigned to the

18 petitioner in any petition described in clause

19 (ii). No new petition shall be required to be

20 filed.

21 ‘‘(IV) Any individual described in sub22 clause (III) and any derivative child of a peti23 tion described in clause (ii) is eligible for de24 ferred action and work authorization.
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1 ‘‘(ii) The petition referred to in clause

2 (i)(III) is a petition filed by an alien under sub3 paragraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in

4 which the child is included as a derivative bene5 ficiary.’’; and

6 (3) in subparagraph (J) (as so redesignated),

7 by inserting ‘‘or in making determinations under

8 subparagraphs (C) and (D),’’ after ‘‘subparagraph

9 (B),’’.

10 (e) ACCESS TO NATURALIZATION FOR DIVORCED

11 VICTIMS OF ABUSE.—Section 319(a) of the Immigration

12 and Nationality Act (8 U.S.C. 1430(a)) is amended—

13 (1) by inserting ‘‘, or any person who obtained

14 status as a lawful permanent resident by reason of

15 his or her status as a spouse or child of a United

16 States citizen who battered him or her or subjected

17 him or her to extreme cruelty,’’ after ‘‘United

18 States’’ the first place such term appears; and

19 (2) by inserting ‘‘(except in the case of a person

20 who has been battered or subjected to extreme cru21 elty by a United States citizen spouse or parent)’’

22 after ‘‘has been living in marital union with the cit23 izen spouse’’.
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1 SEC. 504. IMPROVED ACCESS TO CANCELLATION OF RE2 MOVAL AND SUSPENSION OF DEPORTATION

3 UNDER THE VIOLENCE AGAINST WOMEN ACT

4 OF 1994.

5 (a) CANCELLATION OF REMOVAL AND ADJUSTMENT

6 OF STATUS FOR CERTAIN NONPERMANENT RESI7 DENTS.—Section 240A(b)(2) of the Immigration and Na8 tionality Act (8 U.S.C. 1229b(b)(2)) is amended to read

9 as follows:

10 ‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR

11 CHILD.—

12 ‘‘(A) AUTHORITY.—The Attorney General

13 may cancel removal of, and adjust to the status

14 of an alien lawfully admitted for permanent res15 idence, an alien who is inadmissible or deport16 able from the United States if the alien dem17 onstrates that—

18 ‘‘(i)(I) the alien has been battered or

19 subjected to extreme cruelty by a spouse or

20 parent who is or was a United States cit21 izen (or is the parent of a child of a

22 United States citizen and the child has

23 been battered or subjected to extreme cru24 elty by such citizen parent);

25 ‘‘(II) the alien has been battered or

26 subjected to extreme cruelty by a spouse or
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1 parent who is or was a lawful permanent

2 resident (or is the parent of a child of an

3 alien who is or was a lawful permanent

4 resident and the child has been battered or

5 subjected to extreme cruelty by such per6 manent resident parent); or

7 ‘‘(III) the alien has been battered or

8 subjected to extreme cruelty by a United

9 States citizen or lawful permanent resident

10 whom the alien intended to marry, but

11 whose marriage is not legitimate because

12 of that United States citizen’s or lawful

13 permanent resident’s bigamy;

14 ‘‘(ii) the alien has been physically

15 present in the United States for a contin16 uous period of not less than 3 years imme17 diately preceding the date of such applica18 tion, and the issuance of a charging docu19 ment for removal proceedings shall not toll

20 the 3-year period of continuous physical

21 presence in the United States;

22 ‘‘(iii) the alien has been a person of

23 good moral character during such period,

24 subject to the provisions of subparagraph

25 (C);
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1 ‘‘(iv) the alien is not inadmissible

2 under paragraph (2) or (3) of section

3 212(a), is not deportable under paragraphs

4 (1)(G) or (2) through (4) of section 237(a)

5 (except in a case described in section

6 237(a)(7) where the Attorney General ex7 ercises discretion to grant a waiver), and

8 has not been convicted of an aggravated

9 felony; and

10 ‘‘(v) the removal would result in ex11 treme hardship to the alien, the alien’s

12 child, or the alien’s parent.

13 ‘‘(B) PHYSICAL PRESENCE.—Notwith14 standing subsection (d)(2), for purposes of sub15 paragraph (A)(i)(II) or for purposes of section

16 244(a)(3) (as in effect before the title III–A ef17 fective date in section 309 of the Illegal Immi18 gration Reform and Immigrant Responsibility

19 Act of 1996), an alien shall not be considered

20 to have failed to maintain continuous physical

21 presence by reason of an absence if the alien

22 demonstrates a connection between the absence

23 and the battering or extreme cruelty per24 petrated against the alien. No absence or por25 tion of an absence connected to the battering or
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1 extreme cruelty shall count toward the 90-day

2 or 180-day limits established in subsection

3 (d)(2). If any absence or aggregate absences ex4 ceed 180 days, the absences or portions of the

5 absences will not be considered to break the pe6 riod of continuous presence. Any such period of

7 time excluded from the 180-day limit shall be

8 excluded in computing the time during which

9 the alien has been physically present for pur10 poses of the 3-year requirement set forth in sec11 tion 240A(b)(2)(B) and section 244(a)(3) (as in

12 effect before the title III–A effective date in

13 section 309 of the Illegal Immigration Reform

14 and Immigrant Responsibility Act of 1996).

15 ‘‘(C) GOOD MORAL CHARACTER.—Notwith16 standing section 101(f), an act or conviction

17 that would be waivable with respect to the alien

18 for purposes of a determination of the alien’s

19 admissibility under section 212(a) or is

20 waivable with respect to the alien for purposes

21 of the alien’s deportability under section 237(a)

22 shall not bar the Attorney General from finding

23 the alien to be of good moral character under

24 subparagraph (A)(i)(III) or section 244(a)(3)

25 (as in effect before the title III–A effective date
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1 in section 309 of the Illegal Immigration Re2 form and Immigrant Responsibility Act of

3 1996), if the Attorney General finds that the

4 act or conviction was connected to the alien’s

5 having been battered or subjected to extreme

6 cruelty and determines that a waiver would be

7 or is otherwise warranted.

8 ‘‘(D) CREDIBLE EVIDENCE CONSID9 ERED.—In acting on applications under this

10 paragraph, the Attorney General shall consider

11 any credible evidence relevant to the applica12 tion. The determination of what evidence is

13 credible and the weight to be given that evi14 dence shall be within the sole discretion of the

15 Attorney General.’’.

16 (b) CHILDREN OF BATTERED ALIENS AND PARENTS

17 OF BATTERED ALIEN CHILDREN.—Section 240A(b) of

18 the Immigration and Nationality Act (8 U.S.C. 1229b(b))

19 is amended by adding at the end the following:

20 ‘‘(4) CHILDREN OF BATTERED ALIENS AND

21 PARENTS OF BATTERED ALIEN CHILDREN.—

22 ‘‘(A) IN GENERAL.—The Attorney General

23 shall grant parole under section 212(d)(5) to

24 any alien who is a—
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1 ‘‘(i) child of an alien granted relief

2 under section 240A(b)(2) or 244(a)(3) (as

3 in effect before the title III–A effective

4 date in section 309 of the Illegal Immigra5 tion Reform and Immigrant Responsibility

6 Act of 1996); or

7 ‘‘(ii) parent of a child alien granted

8 relief under section 240A(b)(2) or

9 244(a)(3) (as in effect before the title III–

10 A effective date in section 309 of the Ille11 gal Immigration Reform and Immigrant

12 Responsibility Act of 1996).

13 ‘‘(B) DURATION OF PAROLE.—The grant

14 of parole shall extend from the time of the

15 grant of relief under section 240A(b)(2) or sec16 tion 244(a)(3) (as in effect before the title III–

17 A effective date in section 309 of the Illegal Im18 migration Reform and Immigrant Responsibility

19 Act of 1996) to the time the application for ad20 justment of status filed by aliens covered under

21 this paragraph has been finally adjudicated. Ap22 plications for adjustment of status filed by

23 aliens covered under this paragraph shall be

24 treated as if they were applications filed under

25 section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or
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1 (B)(iii) for purposes of section 245 (a) and (c).

2 Failure by the alien granted relief under section

3 240A(b)(2) or section 244(a)(3) (as in effect

4 before the title III–A effective date in section

5 309 of the Illegal Immigration Reform and Im6 migrant Responsibility Act of 1996) to exercise

7 due diligence in filing a visa petition on behalf

8 of an alien described in clause (i) or (ii) may

9 result in revocation of parole.’’.

10 (c) EFFECTIVE DATE.—Any individual who becomes

11 eligible for relief by reason of the enactment of the amend12 ments made by subsections (a) and (b), shall be eligible

13 to file a motion to reopen pursuant to section

14 240(c)(6)(C)(iv). The amendments made by subsections

15 (a) and (b) shall take effect as if included in the enactment

16 of section 304 of the Illegal Immigration Reform and Im17 migrant Responsibility Act of 1996 (Public Law 104–208;

18 110 Stat. 587). Such portions of the amendments made

19 by subsection (b) that relate to section 244(a)(3) (as in

20 effect before the title III–A effective date in section 309

21 of the Illegal Immigration Reform and Immigrant Respon22 sibility Act of 1996) shall take effect as if included in sub23 title G of title IV of the Violent Crime Control and Law

24 Enforcement Act of 1994 (Public Law 103–322; 108 Stat.

25 1953 et seq.).
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1 SEC. 505. OFFERING EQUAL ACCESS TO IMMIGRATION PRO2 TECTIONS OF THE VIOLENCE AGAINST

3 WOMEN ACT OF 1994 FOR ALL QUALIFIED

4 BATTERED IMMIGRANT SELF-PETITIONERS.

5 (a) ELIMINATING CONNECTION BETWEEN BATTERY

6 AND UNLAWFUL ENTRY.—Section 212(a)(6)(A)(ii) of the

7 Immigration and Nationality Act (8 U.S.C.

8 1182(a)(6)(A)(ii)) is amended—

9 (1) by striking subclause (I) and inserting the

10 following:

11 ‘‘(I) the alien qualifies for classi12 fication under subparagraph (A)(iii),

13 (A)(iv), (B)(ii), or (B)(iii) of section

14 204(a)(i); and’’;

15 (2) in subclause (II), by striking ‘‘, and’’ and

16 inserting a period; and

17 (3) by striking subclause (III).

18 (b) ELIMINATING CONNECTION BETWEEN BATTERY

19 AND VIOLATION OF THE TERMS OF AN IMMIGRANT

20 VISA.—Section 212(a)(9)(B)(iii)(IV) of the Immigration

21 and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is

22 amended by striking ‘‘who would be described in para23 graph (6)(A)(ii)’’ and all that follows before the period

24 and inserting ‘‘who is described in paragraph (6)(A)(ii)’’.

25 (c) BATTERED IMMIGRANT WAIVER.—Section

26 212(a)(9)(C)(ii) of the Immigration and Nationality Act
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1 (8 U.S.C. 1182(a)(9)(C)(ii)) is amended by adding at the

2 end the following: ‘‘The Attorney General in the Attorney

3 General’s discretion may waive the provisions of section

4 212(a)(9)(C)(i) in the case of an alien to whom the Attor5 ney General has granted classification under clause (iii),

6 (iv), (v), or (vi) of section 204(a)(1)(A), or classification

7 under clause (ii), (iii), or (iv) of section 204(a)(1)(B), in

8 any case in which there is a connection between—

9 ‘‘(1) the aliens having been battered or sub10 jected to extreme cruelty; and

11 ‘‘(2) the alien’s—

12 ‘‘(A) removal;

13 ‘‘(B) departure from the United States;

14 ‘‘(C) reentry or reentries into the United

15 States; or

16 ‘‘(D) attempted reentry into the United

17 States.’’.

18 (d) DOMESTIC VIOLENCE VICTIM WAIVER.—

19 (1) WAIVER FOR VICTIMS OF DOMESTIC VIO20 LENCE.—Section 237(a) of the Immigration and Na21 tionality Act (8 U.S.C. 1227(a)) is amended by in22 serting at the end the following:

23 ‘‘(7) WAIVER FOR VICTIMS OF DOMESTIC VIO24 LENCE.—
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1 ‘‘(A) IN GENERAL.—The Attorney General

2 is not limited by the criminal court record and

3 may waive the application of paragraph

4 (2)(E)(i) (with respect to crimes of domestic vi5 olence and crimes of stalking) and (ii) in the

6 case of an alien who has been battered or sub7 jected to extreme cruelty and who is not and

8 was not the primary perpetrator of violence in

9 the relationship—

10 ‘‘(i) upon a determination that—

11 ‘‘(I) the alien was acting is self12 defense;

13 ‘‘(II) the alien was found to have

14 violated a protection order intended to

15 protect the alien; or

16 ‘‘(III) the alien committed, was

17 arrested for, was convicted of, or pled

18 guilty to committing a crime—

19 ‘‘(aa) that did not result in

20 serious bodily injury; and

21 ‘‘(bb) where there was a

22 connection between the crime and

23 the alien’s having been battered

24 or subjected to extreme cruelty.
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1 ‘‘(B) CREDIBLE EVIDENCE CONSIDERED.—

2 In acting on applications under this paragraph,

3 the Attorney General shall consider any credible

4 evidence relevant to the application. The deter5 mination of what evidence is credible and the

6 weight to be given that evidence shall be within

7 the sole discretion of the Attorney General.’’.

8 (2) CONFORMING AMENDMENT.—Section

9 240A(b)(1)(C) of the Immigration and Nationality

10 Act (8 U.S.C. 1229b(b)(1)(C)) is amended by insert11 ing ‘‘(except in a case described in section 237(a)(7)

12 where the Attorney General exercises discretion to

13 grant a waiver)’’ after ‘‘237(a)(3)’’.

14 (e) MISREPRESENTATION WAIVERS FOR BATTERED

15 SPOUSES OF UNITED STATES CITIZENS AND LAWFUL

16 PERMANENT RESIDENTS.—

17 (1) WAIVER OF INADMISSIBILITY.—Section

18 212(i)(1) of the Immigration and Nationality Act (8

19 U.S.C. 1182(i)(1)) is amended by inserting before

20 the period at the end the following: ‘‘or, in the case

21 of an alien granted classification under clause (iii) or

22 (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of

23 section 204(a)(1)(B), or who would otherwise qualify

24 for relief under section 240A(b)(2) or under section

25 244(a)(3) (as in effect before the title III–A effective
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•S 2787 IS

1 date in section 309 of the Illegal Immigration Re2 form and Immigrant Responsibility Act of 1996),

3 the alien demonstrates extreme hardship to the alien

4 or the alien’s United States citizen, lawful perma5 nent resident, or qualified alien parent or child’’.

6 (2) WAIVER OF DEPORTABILITY.—Section

7 237(a)(1)(H) of the Immigration and Nationality

8 Act (8 U.S.C. 1227(a)(1)(H)) is amended—

9 (A) in clause (i), by inserting ‘‘(I)’’ after

10 ‘‘(i)’’;

11 (B) by redesignating clause (ii) as sub12 clause (II); and

13 (C) by adding after clause (i) the following:

14 ‘‘(ii) is an alien who qualifies for clas15 sification under clause (iii) or (iv) of sec16 tion 204(a)(1)(A) or clause (ii) or (iii) of

17 section 204(a)(1)(B), or who qualifies for

18 relief under section 240A(b)(2) or under

19 section 244(a)(3) (as in effect before the

20 title III–A effective date in section 309 of

21 the Illegal Immigration Reform and Immi22 grant Responsibility Act of 1996).’’.

23 (f) BATTERED IMMIGRANT WAIVER.—Section

24 212(g)(1) of the Immigration and Nationality Act (8

25 U.S.C. 1182(g)(1)) is amended—
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1 (1) in subparagraph (A), by striking ‘‘or’’ at

2 the end;

3 (2) in subparagraph (B), by adding ‘‘or’’ at the

4 end; and

5 (3) by inserting after subparagraph (B) the fol6 lowing:

7 ‘‘(C) qualifies for classification under

8 clause (iii) or (iv) of section 204(a)(1)(A) or

9 classification under clause (ii) or (iii) of section

10 204(a)(1)(B), relief under section 240A(b)(2),

11 or relief under section 244(a)(3) (as in effect

12 before the title III–A effective date in section

13 309 of the Illegal Immigration Reform and Im14 migrant Responsibility Act of 1996);’’.

15 (g) WAIVERS FOR VAWA ELIGIBLE BATTERED IM16 MIGRANTS.—Section 212(h)(1) of the Immigration and

17 Nationality Act (8 U.S.C. 1182(h)(1)) is amended—

18 (1) in subparagraph (B), by striking ‘‘and’’ and

19 inserting ‘‘or’’;

20 (2) by adding at the end the following:

21 ‘‘(C) the alien qualifies for classification

22 under clause (iii) or (iv) of section

23 204(a)(1)(A), classification under clause (ii) or

24 (iii) of section 204(a)(1)(B), relief under sec25 tion 240A(b)(2) or relief under section
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1 244(a)(3) (as in effect before the title III–A ef2 fective date in section 309 of the Illegal Immi3 gration Reform and Immigrant Responsibility

4 Act of 1996); and’’.

5 (h) PUBLIC CHARGE.—Section 212 of the Immigra6 tion and Nationality Act (8 U.S.C. 1182) is amended by

7 adding at the end the following:

8 ‘‘(p) In determining whether an alien described in

9 subsection (a)(4)(C)(i) is inadmissible under subsection

10 (a)(4) or ineligible to receive an immigrant visa or other11 wise to adjust to the status of permanent resident by rea12 son of subsection (a)(4), the consular officer or the Attor13 ney General shall not consider any benefits the alien may

14 have received that were authorized under section 501 of

15 the Illegal Immigration Reform and Immigrant Responsi16 bility Act of 1996 (8 U.S.C. 1641(c)).’’.

17 (i) REPORT.—Not later than 6 months after the date

18 of enactment of this Act, the Attorney General shall sub19 mit a report to the Committees on the Judiciary of the

20 Senate and the House of Representatives covering, with

21 respect to the fiscal year 1997 and each fiscal year

22 thereafter—

23 (1) the policy and procedures of the Immigra24 tion and Naturalization Service under which an alien

25 who has been battered or subjected to extreme cru-
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1 elty who is eligible for suspension of deportation or

2 cancellation of removal can request to be placed, and

3 be placed, in deportation or removal proceedings so

4 that such alien may apply for suspension of deporta5 tion or cancellation of removal;

6 (2) the number of requests filed at each district

7 office under this policy;

8 (3) the number of these requests granted re9 ported separately for each district; and

10 (4) the average length of time at each Immigra11 tion and Naturalization office between the date that

12 an alien who has been subject to battering or ex13 treme cruelty eligible for suspension of deportation

14 or cancellation of removal requests to be placed in

15 deportation or removal proceedings and the date

16 that the immigrant appears before an immigration

17 judge to file an application for suspension of depor18 tation or cancellation of removal.

19 SEC. 506. RESTORING IMMIGRATION PROTECTIONS UNDER

20 THE VIOLENCE AGAINST WOMEN ACT OF

21 1994.

22 (a) REMOVING BARRIERS TO ADJUSTMENT OF STA23 TUS FOR VICTIMS OF DOMESTIC VIOLENCE.—
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1 (1) IMMIGRATION AMENDMENTS.—Section 245

2 of the Immigration and Nationality Act (8 U.S.C.

3 1255) is amended—

4 (A) in subsection (a), by inserting ‘‘or the

5 status of any other alien having an approved

6 petition for classification under subparagraph

7 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section

8 204(a)(1) or’’ after ‘‘into the United States.’’;

9 and

10 (B) in subsection (c), by striking ‘‘Sub11 section (a) shall not be applicable to’’ and in12 serting the following: ‘‘Other than an alien hav13 ing an approved petition for classification under

14 subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi),

15 (B)(ii), (B)(iii), or B(iv) of section 204(a)(1),

16 subsection (a) shall not be applicable to’’.

17 (2) EFFECTIVE DATE.—The amendments made

18 by paragraph (1) shall apply to applications for ad19 justment of status pending on or made on or after

20 January 14, 1998.

21 (b) REMOVING BARRIERS TO CANCELLATION OF RE22 MOVAL AND SUSPENSION OF DEPORTATION FOR VICTIMS

23 OF DOMESTIC VIOLENCE.—

24 (1) NOT TREATING SERVICE OF NOTICE AS

25 TERMINATING CONTINUOUS PERIOD.—Section
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1 240A(d)(1) of the Immigration and Nationality Act

2 (8 U.S.C. 1229b(d)(1)) is amended by striking

3 ‘‘when the alien is served a notice to appear under

4 section 239(a) or’’ and inserting ‘‘(A) except in the

5 case of an alien who applies for cancellation of re6 moval under subsection (b)(2) when the alien is

7 served a notice to appear under section 239(a), or

8 (B)’’.

9 (2) EXEMPTION FROM ANNUAL LIMITATION ON

10 CANCELLATION OF REMOVAL FOR BATTERED

11 SPOUSE OR CHILD.—Section 240A(e)(3) of the Im12 migration and Nationality Act (8 U.S.C.

13 1229b(e)(3)) is amended by adding at the end the

14 following:

15 ‘‘(C) Aliens in removal proceedings who

16 applied for cancellation of removal under sub17 section (b)(2).’’.

18 (3) EFFECTIVE DATE.—The amendments made

19 by paragraphs (1) and (2) shall take effect as if in20 cluded in the enactment of section 304 of the Illegal

21 Immigration Reform and Immigrant Responsibility

22 Act of 1996 (Public Law 104–208; 110 Stat. 587).

23 (4) MODIFICATION OF CERTAIN TRANSITION

24 RULES FOR BATTERED SPOUSE OR CHILD.—Section

25 309(c)(5)(C) of the Illegal Immigration Reform and
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1 Immigrant Responsibility Act of 1996 (8 U.S.C.

2 1101 note) is amended—

3 (A) by striking the subparagraph heading

4 and inserting the following:

5 ‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS

6 GRANTED TEMPORARY PROTECTION FROM DE7 PORTATION AND FOR BATTERED SPOUSES AND

8 CHILDREN.—’’; and

9 (B) in clause (i)—

10 (i) in subclause (IV), by striking ‘‘or’’

11 at the end;

12 (ii) in subclause (V), by striking the

13 period at the end and inserting ‘‘; or’’; and

14 (iii) by adding at the end the fol15 lowing:

16 ‘‘(VI) is an alien who was issued

17 an order to show cause or was in de18 portation proceedings before April 1,

19 1997, and who applied for suspension

20 of deportation under section 244(a)(3)

21 of the Immigration and Nationality

22 Act (as in effect before the date of the

23 enactment of this Act).’’.

24 (5) EFFECTIVE DATE.—The amendments made

25 by paragraph (4) shall take effect as if included in
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1 the enactment of section 309 of the Illegal Immigra2 tion Reform and Immigrant Responsibility Act of

3 1996 (8 U.S.C. 1101 note).

4 (c) ELIMINATING TIME LIMITATIONS ON MOTIONS

5 TO REOPEN REMOVAL AND DEPORTATION PROCEEDINGS

6 FOR VICTIMS OF DOMESTIC VIOLENCE.—

7 (1) REMOVAL PROCEEDINGS.—

8 (A) IN GENERAL.—Section 240(c)(6)(C) of

9 the Immigration and Nationality Act (8 U.S.C.

10 1229a(c)(6)(C)) is amended by adding at the

11 end the following:

12 ‘‘(iv) SPECIAL RULE FOR BATTERED

13 SPOUSES AND CHILDREN.—There is no

14 time limit on the filing of a motion to re15 open, and the deadline specified in sub16 section (b)(5)(C) for filing such a motion

17 does not apply—

18 ‘‘(I) if the basis for the motion is

19 to apply for relief under clause (iii) or

20 (iv) of section 204(a)(1)(A), clause

21 (ii) or (iii) of section 204(a)(1)(B), or

22 section 240A(b)(2); and

23 ‘‘(II) if the motion is accom24 panied by a cancellation of removal

25 application to be filed with the Attor-
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•S 2787 IS

1 ney General or by a copy of the self2 petition that has been or will be filed

3 with the Immigration and Naturaliza4 tion Service upon the granting of the

5 motion to reopen.’’.

6 (B) EFFECTIVE DATE.—The amendment

7 made by subparagraph (A) shall take effect as

8 if included in the enactment of section 304 of

9 the Illegal Immigration Reform and Immigrant

10 Responsibility Act of 1996 (8 U.S.C. 1229–

11 1229c).

12 (2) DEPORTATION PROCEEDINGS.—

13 (A) IN GENERAL.—Notwithstanding any

14 limitation imposed by law on motions to reopen

15 or rescind deportation proceedings under the

16 Immigration and Nationality Act (as in effect

17 before the title III–A effective date in section

18 309 of the Illegal Immigration Reform and Im19 migrant Responsibility Act of 1996 (8 U.S.C.

20 1101 note)), there is no time limit on the filing

21 of a motion to reopen such proceedings, and the

22 deadline specified in section 242B(c)(3) of the

23 Immigration and Nationality Act (as so in ef24 fect) (8 U.S.C. 1252b(c)(3)) does not apply—
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1 (i) if the basis of the motion is to

2 apply for relief under clause (iii) or (iv) of

3 section 204(a)(1)(A) of the Immigration

4 and Nationality Act (8 U.S.C.

5 1154(a)(1)(A)), clause (ii) or (iii) of sec6 tion 204(a)(1)(B) of such Act (8 U.S.C.

7 1154(a)(1)(B)), or section 244(a)(3) of

8 such Act (as so in effect) (8 U.S.C.

9 1254(a)(3)); and

10 (ii) if the motion is accompanied by a

11 suspension of deportation application to be

12 filed with the Attorney General or by a

13 copy of the self-petition that will be filed

14 with the Immigration and Naturalization

15 Service upon the granting of the motion to

16 reopen.

17 (B) APPLICABILITY.—Subparagraph (A)

18 shall apply to motions filed by aliens who—

19 (i) are, or were, in deportation pro20 ceedings under the Immigration and Na21 tionality Act (as in effect before the title

22 III–A effective date in section 309 of the

23 Illegal Immigration Reform and Immigrant

24 Responsibility Act of 1996 (8 U.S.C. 1101

25 note)); and
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1 (ii) have become eligible to apply for

2 relief under clause (iii) or (iv) of section

3 204(a)(1)(A) of the Immigration and Na4 tionality Act (8 U.S.C. 1154(a)(1)(A)),

5 clause (ii) or (iii) of section 204(a)(1)(B)

6 of such Act (8 U.S.C. 1154(a)(1)(B)), or

7 section 244(a)(3) of such Act (as in effect

8 before the title III–A effective date in sec9 tion 309 of the Illegal Immigration Reform

10 and Immigrant Responsibility Act of 1996

11 (8 U.S.C. 1101 note)) as a result of the

12 amendments made by—

13 (I) subtitle G of title IV of the

14 Violent Crime Control and Law En15 forcement Act of 1994 (Public Law

16 103–322; 108 Stat. 1953 et seq.); or

17 (II) this title.

18 SEC. 507. REMEDYING PROBLEMS WITH IMPLEMENTATION

19 OF THE IMMIGRATION PROVISIONS OF THE

20 VIOLENCE AGAINST WOMEN ACT OF 1994.

21 (a) EFFECT OF CHANGES IN ABUSERS’ CITIZENSHIP

22 STATUS ON SELF-PETITION.—

23 (1) RECLASSIFICATION.—Section 204(a)(1)(A)

24 of the Immigration and Nationality Act (8 U.S.C.

25 1154(a)(1)(A)) (as amended by section 503(b)(3) of
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1 this title) is amended by adding at the end the fol2 lowing:

3 ‘‘(vi) For the purposes of any petition filed under

4 clause (iii) or (iv), the denaturalization, loss or renunci5 ation of citizenship, death of the abuser, divorce, or

6 changes to the abuser’s citizenship status after filing of

7 the petition shall not adversely affect the approval of the

8 petition, and for approved petitions shall not preclude the

9 classification of the eligible self-petitioning spouse or child

10 as an immediate relative or affect the alien’s ability to ad11 just status under subsections (a) and (c) of section 245

12 or obtain status as a lawful permanent resident based on

13 the approved self-petition under such clauses.’’.

14 (2) LOSS OF STATUS.—Section 204(a)(1)(B) of

15 the Immigration and Nationality Act (8 U.S.C.

16 1154(a)(1)(B)) (as amended by section 503(c)(4) of

17 this title) is amended by adding at the end the fol18 lowing:

19 ‘‘(v)(I) For the purposes of any petition filed or ap20 proved under clause (ii) or (iii), divorce, or the loss of law21 ful permanent resident status by a spouse or parent after

22 the filing of a petition under that clause shall not ad23 versely affect approval of the petition, and, for an ap24 proved petition, shall not affect the alien’s ability to adjust

25 status under subsections (a) and (c) of section 245 or ob-
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1 tain status as a lawful permanent resident based on an

2 approved self-petition under clause (ii) or (iii).

3 ‘‘(II) Upon the lawful permanent resident spouse or

4 parent becoming or establishing the existence of United

5 States citizenship through naturalization, acquisition of

6 citizenship, or other means, any petition filed with the Im7 migration and Naturalization Service and pending or ap8 proved under clause (ii) or (iii) on behalf of an alien who

9 has been battered or subjected to extreme cruelty shall be

10 deemed reclassified as a petition filed under subparagraph

11 (A) even if the acquisition of citizenship occurs after di12 vorce or termination of parental rights.’’.

13 (3) DEFINITION OF IMMEDIATE RELATIVES.—

14 Section 201(b)(2)(A)(i) of the Immigration and Na15 tionality Act (8 U.S.C. 1154(b)(2)(A)(i)) is amended

16 by adding at the end the following: ‘‘For purposes

17 of this clause, an alien who has filed a petition

18 under clause (iii) or (iv) of section 204(a)(1)(A) of

19 this Act remains an immediate relative in the event

20 that the United States citizen spouse or parent loses

21 United States citizenship on account of the abuse.’’.

22 (b) ALLOWING REMARRIAGE OF BATTERED IMMI23 GRANTS.—Section 204(h) of the Immigration and Nation24 ality Act (8 U.S.C. 1154(h)) is amended by adding at the

25 end the following: ‘‘Remarriage of an alien whose petition
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1 was approved under section 204(a)(1)(B)(ii) or

2 204(a)(1)(A)(iii) or marriage of an alien described in sec3 tion 204(a)(1)(A) (iv) or (vi) or 204(a)(1)(B)(iii) shall not

4 be the basis for revocation of a petition approval under

5 section 205.’’.

6 SEC. 508. TECHNICAL CORRECTION TO QUALIFIED ALIEN

7 DEFINITION FOR BATTERED IMMIGRANTS.

8 Section 431(c)(1)(B)(iii) of the Personal Responsi9 bility and Work Opportunity Reconciliation Act of 1996

10 (8 U.S.C. 1641(c)(1)(B)(iii)) is amended to read as fol11 lows:

12 ‘‘(iii) suspension of deportation under

13 section 244(a)(3) of the Immigration and

14 Nationality Act (as in effect before the

15 title III–A effective date in section 309 of

16 the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996).’’.

18 SEC. 509. ACCESS TO CUBAN ADJUSTMENT ACT FOR BAT19 TERED IMMIGRANT SPOUSES AND CHILDREN.

20 (a) IN GENERAL.—The last sentence of the first sec21 tion of Public Law 89–732 (November 2, 1966; 8 U.S.C.

22 1255 note) is amended by striking the period at the end

23 and inserting the following: ‘‘, except that such spouse or

24 child who has been battered or subjected to extreme cru25 elty may adjust to permanent resident status under this
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1 Act without demonstrating that he or she is residing with

2 the Cuban spouse or parent in the United States. In act3 ing on applications under this section with respect to

4 spouses or children who have been battered or subjected

5 to extreme cruelty, the Attorney General shall apply the

6 provisions of section 204(a)(1)(H).’’.

7 (b) EFFECTIVE DATE.—The amendment made by

8 subsection (a) shall be effective as if included in subtitle

9 G of title IV of the Violent Crime Control and Law En10 forcement Act of 1994 (Public Law 103–322; 108 Stat.

11 1953 et seq.).

12 SEC. 510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND

13 CENTRAL AMERICAN RELIEF ACT FOR BAT14 TERED SPOUSES AND CHILDREN.

15 Section 309(c)(5)(C) of the Illegal Immigration and

16 Reform and Immigrant Responsibility Act of 1996 (divi17 sion C of Public Law 104–208; 8 U.S.C. 1101 note) is

18 amended—

19 (1) in clause (i)—

20 (A) by striking ‘‘For purposes’’ and insert21 ing ‘‘Subject to clauses (ii), (iii), and (iv), for

22 purposes’’;

23 (B) by striking ‘‘or’’ at the end of sub24 clause (IV);
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1 (C) by striking the period at the end of

2 subclause (V) and inserting ‘‘; or’’; and

3 (D) by adding at the end the following:

4 ‘‘(VI) is at the time of filing of

5 an application under subclause (I),

6 (II), (V), or (VI) the spouse or child

7 of an individual described in subclause

8 (I), (II), or (V) and the spouse, child,

9 or child of the spouse has been bat10 tered or subjected to extreme cruelty

11 by the individual described in sub12 clause (I), (II), or (V).’’; and

13 (2) by adding at the end the following:

14 ‘‘(iii) CONSIDERATION OF PETI15 TIONS.—In acting on a petition filed under

16 subclause (VI) or (VII) of clause (i) the

17 provisions set forth in section

18 204(a)(1)(H) shall apply.

19 ‘‘(iv) RESIDENCE WITH SPOUSE OR

20 PARENT NOT REQUIRED.—For purposes of

21 the application of subclauses (VI) and

22 (VII) of clause (i), a spouse or child shall

23 not be required to demonstrate that he or

24 she is residing with the spouse or parent in

25 the United States.’’.
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1 SEC. 511. ACCESS TO THE HAITIAN REFUGEE FAIRNESS

2 ACT OF 1998 FOR BATTERED SPOUSES AND

3 CHILDREN.

4 (a) IN GENERAL.—Section 902(d)(1)(B) of the Hai5 tian Refugee Immigration Fairness Act of 1998 (division

6 A of section 101(h) of Public Law 105–277; 112 Stat.

7 2681–538) is amended to read as follows:

8 ‘‘(B)(i) the alien is the spouse or child of

9 an alien whose status is adjusted to that of an

10 alien lawfully admitted for permanent residence

11 under subsection (a);

12 ‘‘(ii) at the time of filing or the application

13 for adjustment under subsection (a) or this sub14 section the alien is the spouse or child of an

15 alien whose status is adjusted to that of an

16 alien lawfully admitted for permanent residence

17 under subsection (a) and the spouse, child, or

18 child of the spouse has been battered or sub19 jected to extreme cruelty by the individual de20 scribed in subsection (a); and

21 ‘‘(iii) in acting on applications under this

22 section with respect to spouses or children who

23 have been battered or subjected to extreme cru24 elty, the Attorney General shall apply the provi25 sions of section 204(a)(1)(H).’’.
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1 (b) RESIDENCE WITH SPOUSE OR PARENT NOT RE2 QUIRED.—Section 902(d) of such Act is amended—

3 (1) in paragraph (1), by striking ‘‘The status’’

4 and inserting ‘‘Subject to paragraphs (2) and (3),

5 the status’’; and

6 (2) by adding at the end the following:

7 ‘‘(3) RESIDENCE WITH SPOUSE OR PARENT NOT

8 REQUIRED.—A spouse, or child may adjust to per9 manent resident status under paragraph (1) without

10 demonstrating that he or she is residing with the

11 spouse or parent in the United States.’’.

12 SEC. 512. ACCESS TO SERVICES AND LEGAL REPRESENTA13 TION FOR BATTERED IMMIGRANTS.

14 (a) LAW ENFORCEMENT AND PROSECUTION

15 GRANTS.—Section 2001(b) of part T of title I of the Om16 nibus Crime Control and Safe Streets Act of 1968 (42

17 U.S.C. 3796gg(b)) is amended—

18 (1) in paragraph (1), by inserting ‘‘, immigra19 tion and asylum officers, immigration judges,’’ after

20 ‘‘law enforcement officers’’;

21 (2) in paragraph (8) (as amended by section

22 209(c) of this Act), by striking ‘‘and’’ at the end;

23 (3) in paragraph (9) (as added by section

24 209(c) of this Act), by striking the period at the end

25 and inserting ‘‘; and’’; and
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1 (4) by adding at the end the following:

2 ‘‘(10) providing assistance to victims of domes3 tic violence and sexual assault in immigration mat4 ters.’’.

5 (b) GRANTS TO ENCOURAGE ARRESTS.—Section

6 2101(b)(5) of part U of title I of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C.

8 3796hh(b)(5)) is amended by inserting before the period

9 the following: ‘‘, including strengthening assistance to do10 mestic violence victims in immigration matters’’.

11 (c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

12 ENFORCEMENT GRANTS.—Section 40295(a)(2) of the

13 Violent Crime Control and Law Enforcement Act of 1994

14 (Public Law 103–322; 108 Stat. 1953; 42 U.S.C.

15 13971(a)(2)) is amended to read as follows:

16 ‘‘(2) to provide treatment, counseling, and as17 sistance to victims of domestic violence and child

18 abuse, including in immigration matters; and’’.

19 (d) CAMPUS DOMESTIC VIOLENCE GRANTS.—Section

20 826(b)(5) of the Higher Education Amendments of 1998

21 (Public Law 105–244; 20 U.S.C. 1152) is amended by in22 serting before the period at the end the following: ‘‘, in23 cluding assistance to victims in immigration matters’’.
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1 TITLE VI—EXTENSION OF VIO2 LENT CRIME REDUCTION

3 TRUST FUND

4 SEC. 601. EXTENSION OF VIOLENT CRIME REDUCTION

5 TRUST FUND.

6 (a) IN GENERAL.—Section 310001(b) of the Violent

7 Crime Control and Law Enforcement Act of 1994 (42

8 U.S.C. 14211) is amended by striking paragraphs (1)

9 through (5) and inserting the following:

10 ‘‘(1) for fiscal year 2001, $6,025,000,000;

11 ‘‘(2) for fiscal year 2002, $6,169,000,000;

12 ‘‘(3) for fiscal year 2003, $6,316,000,000;

13 ‘‘(4) for fiscal year 2004, $6,458,000,000; and

14 ‘‘(5) for fiscal year 2005, $6,616,000,000.’’.

15 (b) DISCRETIONARY LIMITS.—Title XXXI of the Vio16 lent Crime Control and Law Enforcement Act of 1994 (42

17 U.S.C. 14211 et seq.) is amended by inserting after sec18 tion 310001 the following:

19 ‘‘SEC. 310002. DISCRETIONARY LIMITS.

20 ‘‘For the purposes of allocations made for the discre21 tionary category under section 302(a) of the Congressional

22 Budget Act of 1974 (2 U.S.C. 633(a)), the term ‘discre23 tionary spending limit’ means—

24 ‘‘(1) with respect to fiscal year 2001—
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1 ‘‘(A) for the discretionary category,

2 amounts of budget authority and outlays nec3 essary to adjust the discretionary spending lim4 its to reflect the changes in subparagraph (B)

5 as determined by the Chairman of the Com6 mittee on the Budget of the House of Rep7 resentatives and the Chairman of the Com8 mittee on the Budget of the Senate; and

9 ‘‘(B) for the violent crime reduction cat10 egory, $6,025,000,000 in new budget authority

11 and $5,718,000,000 in outlays;

12 ‘‘(2) with respect to fiscal year 2002—

13 ‘‘(A) for the discretionary category,

14 amounts of budget authority and outlays nec15 essary to adjust the discretionary spending lim16 its to reflect the changes in subparagraph (B)

17 as determined by the Chairman of the Com18 mittee on the Budget of the House of Rep19 resentatives and the Chairman of the Com20 mittee on the Budget of the Senate; and

21 ‘‘(B) for the violent crime reduction cat22 egory, $6,169,000,000 in new budget authority

23 and $6,020,000,000 in outlays;

24 ‘‘(3) with respect to fiscal year 2003—
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1 ‘‘(A) for the discretionary category,

2 amounts of budget authority and outlays nec3 essary to adjust the discretionary spending lim4 its to reflect the changes in subparagraph (B)

5 as determined by the Chairman of the Com6 mittee on the Budget of the House of Rep7 resentatives and the Chairman of the Com8 mittee on the Budget of the Senate; and

9 ‘‘(B) for the violent crime reduction cat10 egory, $6,316,000,000 in new budget authority

11 and $6,161,000,000 in outlays;

12 ‘‘(4) with respect to fiscal year 2004—

13 ‘‘(A) for the discretionary category,

14 amounts of budget authority and outlays nec15 essary to adjust the discretionary spending lim16 its to reflect the changes in subparagraph (B)

17 as determined by the Chairman of the Com18 mittee on the Budget of the House of Rep19 resentatives and the Chairman of the Com20 mittee on the Budget of the Senate; and

21 ‘‘(B) for the violent crime reduction cat22 egory, $6,459,000,000 in new budget authority

23 and $6,303,000,000 in outlays; and

24 ‘‘(5) with respect to fiscal year 2005—
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1 ‘‘(A) for the discretionary category,

2 amounts of budget authority and outlays nec3 essary to adjust the discretionary spending lim4 its to reflect the changes in subparagraph (B)

5 as determined by the Chairman of the Com6 mittee on the Budget of the House of Rep7 resentatives and the Chairman of the Com8 mittee on the Budget of the Senate; and

9 ‘‘(B) for the violent crime reduction cat10 egory, $6,616,000 in new budget authority and

11 $6,452,000,000 in outlays;

12 as adjusted in accordance with section 251(b) of the

13 Balanced Budget and Emergency Deficit Control

14 Act of 1985 (2 U.S.C. 901(b)) and section 314 of

15 the Congressional Budget Act of 1974.’’.

Æ