```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2787 Reported in Senate (RS)]

                                                       Calendar No. 676
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. Robb, Mr. Wellstone, 
Mr. Sarbanes, Mr. Daschle, Mr. Bryan, Mr. Smith of Oregon, 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, Mr. Baucus, Mrs. Boxer, Mr. Feingold, Mr. 
  Rockefeller, Mrs. Lincoln, and Mr. Wyden) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

                             July 12, 2000

                Reported by Mr. Hatch, without amendment

_______________________________________________________________________

                                 A BILL

 
To reauthorize the Federal programs to prevent violence against women, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Violence Against 
Women Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Accountability and oversight.
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

Sec. 101. Full faith and credit enforcement of protection orders.
Sec. 102. Role of courts.
Sec. 103. Reauthorization of STOP grants.
Sec. 104. Reauthorization of grants to encourage arrest policies.
Sec. 105. Reauthorization of rural domestic violence and child abuse 
                            enforcement grants.
Sec. 106. National stalker and domestic violence reduction.
Sec. 107. Amendments to domestic violence and stalking offenses.
Sec. 108. Grants to reduce violent crimes against women on campus.
        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec. 201. Legal assistance for victims.
Sec. 202. Shelter services for battered women and children.
Sec. 203. Transitional housing assistance for victims of domestic 
                            violence.
Sec. 204. National domestic violence hotline.
Sec. 205. Federal victims counselors.
Sec. 206. Study of State laws regarding insurance discrimination 
                            against victims of violence against women.
Sec. 207. Study of workplace effects from violence against women.
Sec. 208. Study of unemployment compensation for victims of violence 
                            against women.
Sec. 209. Enhancing protections for older women from domestic violence 
                            and sexual assault.
        TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec. 301. Safe havens for children pilot program.
Sec. 302. Reauthorization of runaway and homeless youth grants.
Sec. 303. Reauthorization of victims of child abuse programs.
Sec. 304. Report on effects of parental kidnapping laws in domestic 
                            violence cases.
   TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                             AGAINST WOMEN

Sec. 401. Education and training in appropriate responses to violence 
                            against women.
Sec. 402. Rape prevention and education.
Sec. 403. Education and training to end violence against and abuse of 
                            women with disabilities.
Sec. 404. Community initiatives.
Sec. 405. Development of research agenda identified by the Violence 
                            Against Women Act of 1994.
                   TITLE V--BATTERED IMMIGRANT WOMEN

Sec. 501. Short title.
Sec. 502. Findings and purposes.
Sec. 503. Improved access to immigration protections of the Violence 
                            Against Women Act of 1994 for battered 
                            immigrant women.
Sec. 504. Improved access to cancellation of removal and suspension of 
                            deportation under the Violence Against 
                            Women Act of 1994.
Sec. 505. Offering equal access to immigration protections of the 
                            Violence Against Women Act of 1994 for all 
                            qualified battered immigrant self-
                            petitioners.
Sec. 506. Restoring immigration protections under the Violence Against 
                            Women Act of 1994.
Sec. 507. Remedying problems with implementation of the immigration 
                            provisions of the Violence Against Women 
                            Act of 1994.
Sec. 508. Technical correction to qualified alien definition for 
                            battered immigrants.
Sec. 509. Access to Cuban Adjustment Act for battered immigrant spouses 
                            and children.
Sec. 510. Access to the Nicaraguan Adjustment and Central American 
                            Relief Act for battered spouses and 
                            children.
Sec. 511. Access to the Haitian Refugee Fairness Act of 1998 for 
                            battered spouses and children.
Sec. 512. Access to services and legal representation for battered 
                            immigrants.
       TITLE VI--EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND

Sec. 601. Extension of Violent Crime Reduction Trust Fund.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``domestic violence'' has the meaning given 
        the term in section 2003 of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); and
            (2) the term ``sexual assault'' has the meaning given the 
        term in section 2003 of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).

SEC. 3. ACCOUNTABILITY AND OVERSIGHT.

    (a) Report by Grant Recipients.--The Attorney General or Secretary 
of Health and Human Services, as applicable, shall require grantees 
under any program authorized or reauthorized by this Act or an 
amendment made by this Act to report on the effectiveness of the 
activities carried out with amounts made available to carry out that 
program, including number of persons served, if applicable, numbers of 
persons seeking services who could not be served and such other 
information as the Attorney General or Secretary may prescribe.
    (b) Report to Congress.--The Attorney General or Secretary of 
Health and Human Services, as applicable, shall report annually to the 
Committees on the Judiciary of the House of Representatives and the 
Senate on the grant programs described in subsection (a), including the 
information contained in any report under that subsection.

TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

SEC. 101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.

    (a) In General.--Part U of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
            (1) in the heading, by adding ``AND ENFORCEMENT OF 
        PROTECTION ORDERS'' at the end;
            (2) in section 2101(b)--
                    (A) in paragraph (6), by inserting ``(including 
                juvenile courts)'' after ``courts''; and
                    (B) by adding at the end the following:
            ``(7) To provide technical assistance and computer and 
        other equipment to police departments, prosecutors, courts, and 
        tribal jurisdictions to facilitate the widespread enforcement 
        of protection orders, including interstate enforcement, 
        enforcement between States and tribal jurisdictions, and 
        enforcement between tribal jurisdictions.''; and
            (3) in section 2102--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (2), by striking the 
                        period at the end and inserting ``, including 
                        the enforcement of protection orders from other 
                        States and jurisdictions (including tribal 
                        jurisdictions);''; and
                            (iii) by adding at the end the following:
            ``(3) have established cooperative agreements or can 
        demonstrate effective ongoing collaborative arrangements with 
        neighboring jurisdictions to facilitate the enforcement of 
        protection orders from other States and jurisdictions 
        (including tribal jurisdictions); and
            ``(4) will give priority to using the grant to develop and 
        install data collection and communication systems, including 
        computerized systems, and training on how to use these systems 
        effectively to link police, prosecutors, courts, and tribal 
        jurisdictions for the purpose of identifying and tracking 
        protection orders and violations of protection orders, in those 
        jurisdictions where such systems do not exist or are not fully 
        effective.''; and
                    (B) by adding at the end the following:
    ``(c) Dissemination of Information.--The Attorney General shall 
annually compile and broadly disseminate (including through electronic 
publication) information about successful data collection and 
communication systems that meet the purposes described in this section. 
Such dissemination shall target States, State and local courts, Indian 
tribal governments, and units of local government.''.
    (b) Protection Orders.--
            (1) Filing costs.--Section 2006 of part T of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-5) is amended--
                    (A) in the heading, by striking ``filing'' and 
                inserting ``and protection orders'' after ``charges'';
                    (B) in subsection (a)--
                            (i) by striking paragraph (1) and inserting 
                        the following:
            ``(1) certifies that its laws, policies, and practices do 
        not require, in connection with the prosecution of any 
        misdemeanor or felony domestic violence offense, or in 
        connection with the filing, issuance, registration, or service 
        of a protection order, or a petition for a protection order, to 
        protect a victim of domestic violence, stalking, or sexual 
        assault, that the victim bear the costs associated with the 
        filing of criminal charges against the offender, or the costs 
        associated with the filing, issuance, registration, or service 
        of a warrant, protection order, petition for a protection 
        order, or witness subpoena, whether issued inside or outside 
        the State, tribal, or local jurisdiction; or''; and
                            (ii) in paragraph (2)(B), by striking ``2 
                        years'' and inserting ``2 years after the date 
                        of enactment of the Violence Against Women Act 
                        of 2000''; and
                    (C) by adding at the end the following:
    ``(c) Definition.--In this section, the term `protection order' has 
the meaning given the term in section 2266 of title 18, United States 
Code.''.
            (2) Eligibility for grants to encourage arrest policies.--
        Section 2101 of part U of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
                    (A) in subsection (c), by striking paragraph (4) 
                and inserting the following:
            ``(4) certify that their laws, policies, and practices do 
        not require, in connection with the prosecution of any 
        misdemeanor or felony domestic violence offense, or in 
        connection with the filing, issuance, registration, or service 
        of a protection order, or a petition for a protection order, to 
        protect a victim of domestic violence, stalking, or sexual 
        assault, that the victim bear the costs associated with the 
        filing of criminal charges against the offender, or the costs 
        associated with the filing, issuance, registration, or service 
        of a warrant, protection order, petition for a protection 
        order, or witness subpoena, whether issued inside or outside 
        the State, tribal, or local jurisdiction.''; and
                    (B) by adding at the end the following:
    ``(d) Definition.--In this section, the term `protection order' has 
the meaning given the term in section 2266 of title 18, United States 
Code.''.
            (3) Application for grants to encourage arrest policies.--
        Section 2102(a)(1)(B) of part U of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
        1(a)(1)(B)) is amended by inserting before the semicolon the 
        following: ``or, in the case of the condition set forth in 
        subsection 2101(c)(4), the expiration of the 2-year period 
        beginning on the date of enactment of the Violence Against 
        Women Act of 2000''.
            (4) Registration for protection orders.--Section 2265 of 
        title 18, United States Code, is amended by adding at the end 
        the following:
    ``(d) Registration.--
            ``(1) In general.--A State or Indian tribe according full 
        faith and credit to an order by a court of another State or 
        Indian tribe shall not notify the party against whom a 
        protection order has been issued that the protection order has 
        been registered or filed in that enforcing State or tribal 
jurisdiction unless requested to do so by the party protected under 
such order.
            ``(2) No prior registration or filing required.--Any 
        protection order that is otherwise consistent with this section 
        shall be accorded full faith and credit, notwithstanding any 
        requirement that the order be registered or filed in the 
        enforcing State or tribal jurisdiction.
    ``(e) Notice.--A protection order that is otherwise consistent with 
this section shall be accorded full faith and credit and enforced 
notwithstanding the failure to provide notice to the party against whom 
the order is made of its registration or filing in the enforcing State 
or Indian tribe.
    ``(f) Tribal Court Jurisdiction.--For purposes of this section, a 
tribal court shall have full civil jurisdiction over domestic relations 
actions, including authority to enforce its orders through civil 
contempt proceedings, exclusion of violators from Indian lands, and 
other appropriate mechanisms, in matters arising within the authority 
of the tribe and in which at least 1 of the parties is an Indian.''.
    (c) Technical Amendment.--The table of contents for title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended in the item relating to part U, by adding ``and 
Enforcement of Protection Orders'' at the end.

SEC. 102. ROLE OF COURTS.

    (a) Courts as Eligible STOP Subgrantees.--Part T of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
seq.) is amended--
            (1) in section 2001--
                    (A) in subsection (a), by striking ``Indian tribal 
                governments,'' and inserting ``State and local courts 
                (including juvenile courts), Indian tribal governments, 
                tribal courts,''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by inserting ``, 
                        judges, other court personnel,'' after ``law 
                        enforcement officers'';
                            (ii) in paragraph (2), by inserting ``, 
                        judges, other court personnel,'' after ``law 
                        enforcement officers''; and
                            (iii) in paragraph (3), by inserting ``, 
                        court,'' after ``police''; and
            (2) in section 2002--
                    (A) in subsection (a), by inserting ``State and 
                local courts (including juvenile courts),'' after 
                ``States,'' the second place it appears;
                    (B) in subsection (c), by striking paragraph (3) 
                and inserting the following:
            ``(3) of the amount granted--
                    ``(A) not less than 25 percent shall be allocated 
                to police and not less than 25 percent shall be 
                allocated to prosecutors;
                    ``(B) not less than 30 percent shall be allocated 
                to victim services; and
                    ``(C) not less than 5 percent shall be allocated 
                for State and local courts (including juvenile courts); 
                and''; and
                    (C) in subsection (d)(1), by inserting ``court,'' 
                after ``law enforcement,''.
    (b) Eligible Grantees; Use of Grants for Education.--Section 2101 
of part U of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796hh) is amended--
            (1) in subsection (a), by inserting ``State and local 
        courts (including juvenile courts), tribal courts,'' after 
        ``Indian tribal governments,'';
            (2) in subsection (b)--
                    (A) by inserting ``State and local courts 
                (including juvenile courts),'' after ``Indian tribal 
                governments'';
                    (B) in paragraph (2), by striking ``policies and'' 
                and inserting ``policies, educational programs, and'';
                    (C) in paragraph (3), by inserting ``parole and 
                probation officers,'' after ``prosecutors,''; and
                    (D) in paragraph (4), by inserting ``parole and 
                probation officers,'' after ``prosecutors,'';
            (3) in subsection (c), by inserting ``State and local 
        courts (including juvenile courts),'' after ``Indian tribal 
        governments''; and
            (4) by adding at the end the following:
    ``(e) Allotment for Indian Tribes.--Not less than 5 percent of the 
total amount made available for grants under this section for each 
fiscal year shall be available for grants to Indian tribal 
governments.''.

SEC. 103. REAUTHORIZATION OF STOP GRANTS.

    (a) Reauthorization.--Section 1001(a) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is 
amended by striking paragraph (18) and inserting the following:
    ``(18) There is authorized to be appropriated from the Violent 
Crime Reduction Trust Fund established under section 310001 of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) 
to carry out part T $185,000,000 for each of fiscal years 2001 through 
2005.''.
    (b) Grant Purposes.--Part T of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended--
            (1) in section 2001--
                    (A) in subsection (b)--
                            (i) in paragraph (5), by striking ``racial, 
                        cultural, ethnic, and language minorities'' and 
                        inserting ``underserved populations'';
                            (ii) in paragraph (6), by striking ``and'' 
                        at the end;
                            (iii) in paragraph (7), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
            ``(8) supporting formal and informal statewide, 
        multidisciplinary efforts, to the extent not supported by State 
        funds, to coordinate the response of State law enforcement 
        agencies, prosecutors, courts, victim services agencies, and 
        other State agencies and departments, to violent crimes against 
        women, including the crimes of sexual assault and domestic 
        violence.''; and
                    (B) by adding at the end the following:
    ``(c) State Coalition Grants.--
            ``(1) Purpose.--The Attorney General shall award grants to 
        each State domestic violence coalition and sexual assault 
        coalition for the purposes of coordinating State victim 
        services activities, and collaborating and coordinating with 
        Federal, State, and local entities engaged in violence against 
        women activities.
            ``(2) Grants to state coalitions.--The Attorney General 
        shall award grants to--
                    ``(A) each State domestic violence coalition, as 
                determined by the Secretary of Health and Human 
                Services through the Family Violence Prevention and 
                Services Act (42 U.S.C. 10410 et seq.); and
                    ``(B) each State sexual assault coalition, as 
                determined by the Center for Injury Prevention and 
                Control of the Centers for Disease Control and 
                Prevention under the Public Health Service Act (42 
                U.S.C. 280b et seq.).
            ``(3) Eligibility for other grants.--Receipt of an award 
        under this subsection by each State domestic violence and 
sexual assault coalition shall not preclude the coalition from 
receiving additional grants under this part to carry out the purposes 
described in subsection (b).'';
            (2) in section 2002(b)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (4) and (5), respectively;
                    (B) in paragraph (1), by striking ``4 percent'' and 
                inserting ``5 percent'';
                    (C) in paragraph (4), as redesignated, by striking 
                ``$500,000'' and inserting ``$600,000''; and
                    (D) by inserting after paragraph (1) the following:
            ``(2) 2.5 percent shall be available for grants for State 
        domestic violence coalitions under section 2001(c), with the 
        coalition for each State, the coalition for the District of 
        Columbia, the coalition for the Commonwealth of Puerto Rico, 
        and the coalition for the combined Territories of the United 
        States, each receiving an amount equal to \1/53\ of the total 
        amount made available under this paragraph for each fiscal 
        year;
            ``(3) 2.5 percent shall be available for grants for State 
        sexual assault coalitions under section 2001(c), with the 
        coalition for each State, the coalition for the District of 
        Columbia, the coalition for the Commonwealth of Puerto Rico, 
        and the coalition for the combined Territories of the United 
        States, each receiving an amount equal to \1/53\ of the total 
        amount made available under this paragraph for each fiscal 
        year;'';
            (3) in section 2003--
                    (A) in paragraph (7), by striking ``geographic 
                location'' and all that follows through ``physical 
                disabilities'' and inserting ``race, ethnicity, age, 
                disability, religion, alienage status, language 
                barriers, geographic location (including rural 
                isolation), and any other populations determined to be 
                underserved''; and
                    (B) in paragraph (8), by striking ``assisting 
                domestic violence or sexual assault victims through the 
                legal process'' and inserting ``providing assistance 
                for victims seeking necessary support services as a 
                consequence of domestic violence or sexual assault''; 
                and
            (4) in section 2004(b)(3), by inserting ``, and the 
        membership of persons served in any underserved population'' 
        before the semicolon.

SEC. 104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST POLICIES.

    Section 1001(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking 
paragraph (19) and inserting the following:
    ``(19) There is authorized to be appropriated from the Violent 
Crime Reduction Trust Fund established under section 310001 of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) 
to carry out part U $65,000,000 for each of fiscal years 2001 through 
2005.''.

SEC. 105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE 
              ENFORCEMENT GRANTS.

    (a) Reauthorization.--Section 40295(c) of the Violence Against 
Women Act of 1994 (42 U.S.C. 13971(c)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--There is authorized to be appropriated 
        from the Violent Crime Reduction Trust Fund established under 
        section 310001 to carry out this section $40,000,000 for each 
        of fiscal years 2001 through 2005.''; and
            (2) by adding at the end the following:
            ``(3) Allotment for indian tribes.--Not less than 5 percent 
        of the total amount made available to carry out this section 
        for each fiscal year shall be available for grants to Indian 
        tribal governments.''.

SEC. 106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

    (a) Reauthorization.--Section 40603 of the Violence Against Women 
Act of 1994 (42 U.S.C. 14032) is amended to read as follows:

``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated from the Violent Crime 
Reduction Trust Fund established under section 310001 to carry out this 
subtitle $3,000,000 for each of fiscal years 2001 through 2005.''.
    (b) Technical Amendment.--Section 40602(a) of the Violence Against 
Women Act of 1994 (42 U.S.C. 14031 note) is amended by inserting ``and 
implement'' after ``improve''.

SEC. 107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES.

    (a) Interstate Domestic Violence.--Section 2261 of title 18, United 
States Code, is amended by striking subsection (a) and inserting the 
following:
    ``(a) Offenses.--
            ``(1) Travel or conduct of offender.--A person who travels 
        in interstate or foreign commerce or enters or leaves Indian 
        country with the intent to kill, injure, harass, or intimidate 
        a spouse or intimate partner, and who, in the course of or as a 
        result of such travel, commits or attempts to commit a crime of 
        violence against that spouse or intimate partner, shall be 
        punished as provided in subsection (b).
            ``(2) Causing travel of victim.--A person who causes a 
        spouse or intimate partner to travel in interstate or foreign 
        commerce or to enter or leave Indian country by force, 
        coercion, duress, or fraud, and who, in the course of, as a 
        result of, or to facilitate such conduct or travel, commits or 
        attempts to commit a crime of violence against that spouse or 
        intimate partner, shall be punished as provided in subsection 
        (b).''.
    (b) Interstate Stalking.--Section 2261A of title 18, United States 
Code, is amended to read as follows:
``Sec. 2261A. Interstate stalking
    ``Whoever--
            ``(1) with the intent to kill, injure, harass, or 
        intimidate another person, engages within the special maritime 
        and territorial jurisdiction of the United States in conduct 
that places that person in reasonable fear of the death of, or serious 
bodily injury (as defined in section 2266) to, that person or a member 
of the immediate family (as defined in section 115) of that person; or
            ``(2) with the intent to kill, injure, harass, or 
        intimidate another person, travels in interstate or foreign 
        commerce, or enters or leaves Indian country, and, in the 
        course of or as a result of such travel, engages in conduct 
        that places that person in reasonable fear of the death of, or 
        serious bodily injury (as defined in section 2266) to, that 
        person or a member of the immediate family (as defined in 
        section 115) of that person,
shall be punished as provided in section 2261(b).''.
    (c) Interstate Violation of Protection Order.--Section 2262 of 
title 18, United States Code, is amended by striking subsection (a) and 
inserting the following:
    ``(a) Offenses.--
            ``(1) Travel or conduct of offender.--A person who travels 
        in interstate or foreign commerce, or enters or leaves Indian 
        country, with the intent to engage in conduct that violates the 
        portion of a protection order that prohibits or provides 
        protection against violence, threats, or harassment against, 
        contact or communication with, or physical proximity to, 
        another person, or that would violate such a portion of a 
        protection order in the jurisdiction in which the order was 
        issued, and subsequently engages in such conduct, shall be 
        punished as provided in subsection (b).
            ``(2) Causing travel of victim.--A person who causes 
        another person to travel in interstate or foreign commerce or 
        to enter or leave Indian country by force, coercion, duress, or 
        fraud, and in the course of, as a result of, or to facilitate 
        such conduct or travel engages in conduct that violates the 
        portion of a protection order that prohibits or provides 
        protection against violence, threats, or harassment against, 
        contact or communication with, or physical proximity to, 
        another person, or that would violate such a portion of a 
        protection order in the jurisdiction in which the order was 
        issued, shall be punished as provided in subsection (b).''.
    (d) Definitions.--Section 2266 of title 18, United States Code, is 
amended to read as follows:
``Sec. 2266. Definitions
    ``In this chapter:
            ``(1) Bodily injury.--The term `bodily injury' means any 
        act, except one done in self-defense, that results in physical 
        injury or sexual abuse.
            ``(2) Enter or leave indian country.--The term `enter or 
        leave Indian country' includes leaving the jurisdiction of 1 
        tribal government and entering the jurisdiction of another 
        tribal government.
            ``(3) Indian country.--The term `Indian country' has the 
        meaning stated in section 1151 of this title.
            ``(4) Protection order.--The term `protection order' 
        includes any injunction or other order issued for the purpose 
        of preventing violent or threatening acts or harassment 
        against, or contact or communication with or physical proximity 
        to, another person, including any temporary or final order 
        issued by a civil and criminal court (other than a support or 
        child custody order issued pursuant to State divorce and child 
        custody laws) whether obtained by filing an independent action 
        or as a pendente lite order in another proceeding so long as 
        any civil order was issued in response to a complaint, 
        petition, or motion filed by or on behalf of a person seeking 
        protection.
            ``(5) Serious bodily injury.--The term `serious bodily 
        injury' has the meaning stated in section 2119(2).
            ``(6) Spouse or intimate partner.--The term `spouse or 
        intimate partner' includes--
                    ``(A) a spouse, a former spouse, a person who 
                shares a child in common with the abuser, and a person 
                who cohabits or has cohabited with the abuser as a 
                spouse; and
                    ``(B) any other person similarly situated to a 
                spouse who is protected by the domestic or family 
                violence laws of the State or tribal jurisdiction in 
                which the injury occurred or where the victim resides.
            ``(7) State.--The term `State' includes a State of the 
        United States, the District of Columbia, a commonwealth, 
        territory, or possession of the United States.
            ``(8) Travel in interstate or foreign commerce.--The term 
        `travel in interstate or foreign commerce' does not include 
        travel from 1 State to another by an individual who is a member 
        of an Indian tribe and who remains at all times in the 
        territory of the Indian tribe of which the individual is a 
        member.''.

SEC. 108. GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN ON CAMPUS.

    Section 826 of the Higher Education Amendments of 1998 (20 U.S.C. 
1152) is amended--
            (1) in subsection (f)(1), by inserting ``by a person with 
        whom the victim has engaged in a social relationship of a 
        romantic or intimate nature,'' after ``cohabited with the 
        victim,''; and
            (2) in subsection (g), by striking ``fiscal year 1999 and 
        such sums as may be necessary for each of the 4 succeeding 
        fiscal years'' and inserting ``each of fiscal years 2001 
        through 2005''.

        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

SEC. 201. LEGAL ASSISTANCE FOR VICTIMS.

    (a) In General.--The purpose of this section is to enable the 
Attorney General to award grants to increase the availability of legal 
assistance necessary to provide effective aid to victims of domestic 
violence, stalking, or sexual assault who are seeking relief in legal 
matters arising as a consequence of that abuse or violence, at minimal 
or no cost to the victims.
    (b) Definitions.--In this section:
            (1) Domestic violence.--The term ``domestic violence'' has 
        the meaning given the term in section 2003 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
2).
            (2) Legal assistance for victims.--The term ``legal 
        assistance'' includes assistance to victims of domestic 
        violence, stalking, and sexual assault in family, criminal, 
        immigration, administrative, or housing matters, protection or 
        stay away order proceedings, and other similar matters. No 
        funds made available under this section may be used to provide 
        financial assistance in support of any litigation described in 
        paragraph (14) of section 504 of Public Law 104-134.
            (3) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 2003 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2).
    (c) Legal Assistance for Victims Grants.--The Attorney General may 
award grants under this subsection to private nonprofit entities, 
Indian tribal governments, and publicly funded organizations not acting 
in a governmental capacity such as law schools, and which shall be 
used--
            (1) to implement, expand, and establish cooperative efforts 
        and projects between domestic violence and sexual assault 
        victim services organizations and legal assistance providers to 
        provide legal assistance for victims of domestic violence, 
        stalking, and sexual assault;
            (2) to implement, expand, and establish efforts and 
        projects to provide legal assistance for victims of domestic 
        violence, stalking, and sexual assault by organizations with a 
        demonstrated history of providing direct legal or advocacy 
        services on behalf of these victims; and
            (3) to provide training, technical assistance, and data 
        collection to improve the capacity of grantees and other 
        entities to offer legal assistance to victims of domestic 
        violence, stalking, and sexual assault.
    (d) Grant To Establish Database of Programs That Provide Legal 
Assistance to Victims.--
            (1) In general.--The Attorney General may make a grant to 
        establish, operate, and maintain a national computer database 
        of programs and organizations that provide legal assistance to 
        victims of domestic violence, stalking, and sexual assault.
            (2) Database requirements.--A database established with a 
        grant under this subsection shall be--
                    (A) designed to facilitate the referral of persons 
                to programs and organizations that provide legal 
                assistance to victims of domestic violence, stalking, 
                and sexual assault; and
                    (B) operated in coordination with--
                            (i) the national domestic violence hotline 
                        established under section 316 of the Family 
                        Violence Prevention and Services Act; and
                            (ii) any comparable national sexual assault 
                        hotline or other similar resource.
    (e) Evaluation.--The Attorney General may evaluate the grants 
funded under this section through contracts or other arrangements with 
entities expert on domestic violence, stalking, and sexual assault, and 
on evaluation research.
    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        from the Violent Crime Reduction Trust Fund established under 
        section 310001 of the Violent Crime Control and Law Enforcement 
        Act of 1994 (42 U.S.C. 14211) to carry out this section 
        $35,000,000 for each of fiscal years 2001 through 2005.
            (2) Allocation of funds.--Of the amount made available 
        under this subsection in each fiscal year, not less than 5 
        percent shall be used for grants for programs that assist 
        victims of domestic violence, stalking, and sexual assault on 
        lands within the jurisdiction of an Indian tribe.
            (3) Nonsupplantation.--Amounts made available under this 
        section shall be used to supplement and not supplant other 
        Federal, State, and local funds expended to further the purpose 
        of this section.

SEC. 202. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.

    (a) State Shelter Grants.--Section 303(a)(2)(C) of the Family 
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is 
amended by striking ``populations underserved because of ethnic, 
racial, cultural, language diversity or geographic isolation'' and 
inserting ``populations underserved because of race, ethnicity, age, 
disability, religion, alienage status, geographic location (including 
rural isolation), or language barriers, and any other populations 
determined by the Secretary to be underserved''.
    (b) State Minimum; Reallotment.--Section 304 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10403) is amended--
            (1) in subsection (a), by striking ``for grants to States 
        for any fiscal year'' and all that follows and inserting the 
        following: ``and available for grants to States under this 
        subsection for any fiscal year--
            ``(1) Guam, American Samoa, the United States Virgin 
        Islands, the Commonwealth of the Northern Mariana Islands, and 
        the combined Freely Associated States shall each be allotted 
        not less than \1/8\ of 1 percent of the amounts available for 
        grants under section 303(a) for the fiscal year for which the 
        allotment is made; and
            ``(2) each State shall be allotted for payment in a grant 
        authorized under section 303(a), $600,000, with the remaining 
        funds to be allotted to each State in an amount that bears the 
        same ratio to such remaining funds as the population of such 
        State bears to the population of all States.'';
            (2) in subsection (c), in the first sentence, by inserting 
        ``and available'' before ``for grants''; and
            (3) by adding at the end the following:
    ``(e) In subsection (a)(2), the term ``State'' does not include any 
jurisdiction specified in subsection (a)(1).''.
    (c) Secretarial Responsibilities.--Section 305(a) of the Family 
Violence Prevention and Services Act (42 U.S.C. 10404(a)) is amended--
            (1) by striking ``an employee'' and inserting ``1 or more 
        employees'';
            (2) by striking ``of this title.'' and inserting ``of this 
        title, including carrying out evaluation and monitoring under 
        this title.''; and
            (3) by striking ``The individual'' and inserting ``Any 
        individual''.
    (d) Resource Centers.--Section 308 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10407) is amended--
            (1) in subsection (a)(2), by inserting ``on providing 
        information, training, and technical assistance'' after 
        ``focusing''; and
            (2) in subsection (c), by adding at the end the following:
            ``(8) Providing technical assistance and training to local 
        entities carrying out domestic violence programs that provide 
        shelter, related assistance, or transitional housing 
        assistance.
            ``(9) Improving access to services, information, and 
        training, concerning family violence, within Indian tribes and 
        Indian tribal agencies.
            ``(10) Providing technical assistance and training to 
        appropriate entities to improve access to services, 
        information, and training concerning family violence occurring 
        in underserved populations.''.
    (e) Conforming Amendment.--Section 309(6) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10408(6)) is amended by striking 
``the Virgin Islands, the Northern Mariana Islands, and the Trust 
Territory of the Pacific Islands'' and inserting ``the United States 
Virgin Islands, the Commonwealth of the Northern Mariana Islands, and 
the combined Freely Associated States''.
    (f) Reauthorization.--Section 310 of the Family Violence Prevention 
and Services Act (42 U.S.C. 10409) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this title 
        $175,000,000 for each of fiscal years 2001 through 2005.
            ``(2) Source of funds.--Amounts made available under 
        paragraph (1) may be appropriated from the Violent Crime 
        Reduction Trust Fund established under section 310001 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14211).'';
            (2) in subsection (b), by striking ``under subsection 
        303(a)'' and inserting ``under section 303(a)'';
            (3) in subsection (c), by inserting ``not more than the 
        lesser of $7,500,000 or'' before ``5''; and
            (4) by adding at the end the following:
    ``(f) Evaluation, Monitoring, and Administration.--Of the amounts 
appropriated under subsection (a) for each fiscal year, not more than 1 
percent shall be used by the Secretary for evaluation, monitoring, and 
administrative costs under this title.''.
    (g) State Domestic Violence Coalition Grant Activities.--Section 
311 of the Family Violence Prevention and Services Act (42 U.S.C. 
10410) is amended--
            (1) in subsection (a)(4), by striking ``underserved racial, 
        ethnic or language-minority populations'' and inserting 
        ``underserved populations described in section 303(a)(2)(C)''; 
        and
            (2) in subsection (c), by striking ``the U.S. Virgin 
        Islands, the Northern Mariana Islands, and the Trust Territory 
        of the Pacific Islands'' and inserting ``the United States 
        Virgin Islands, the Commonwealth of the Northern Mariana 
        Islands, and the Freely Associated States''.

SEC. 203. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC 
              VIOLENCE.

    Title III of the Family Violence Prevention and Services Act (42 
U.S.C. 10401 et seq.) is amended by adding at the end the following new 
section:

``SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

    ``(a) In General.--The Secretary shall award grants under this 
section to carry out programs to provide assistance to individuals, and 
their dependents--
            ``(1) who are homeless or in need of transitional housing 
        or other housing assistance, as a result of fleeing a situation 
        of domestic violence; and
            ``(2) for whom emergency shelter services are unavailable 
        or insufficient.
    ``(b) Assistance Described.--Assistance provided under this section 
may include--
            ``(1) short-term housing assistance, including rental or 
        utilities payments assistance and assistance with related 
        expenses, such as payment of security deposits and other costs 
        incidental to relocation to transitional housing, in cases in 
        which assistance described in this paragraph is necessary to 
        prevent homelessness because an individual or dependent is 
        fleeing a situation of domestic violence; and
            ``(2) short-term support services, including payment of 
        expenses and costs associated with transportation and job 
        training referrals, child care, counseling, transitional 
        housing identification and placement, and related services.
    ``(c) Term of Assistance.--An individual or dependent assisted 
under this section may not receive assistance under this section for a 
total of more than 12 months.
    ``(d) Reports.--
            ``(1) Report to secretary.--
                    ``(A) In general.--An entity that receives a grant 
                under this section shall annually prepare and submit to 
                the Secretary a report describing the number of 
                individuals and dependents assisted, and the types of 
                housing assistance and support services provided, under 
                this section.
                    ``(B) Contents.--Each report shall include 
                information on--
                            ``(i) the purpose and amount of housing 
                        assistance provided to each individual or 
                        dependent assisted under this section;
                            ``(ii) the number of months each individual 
                        or dependent received the assistance;
                            ``(iii) the number of individuals and 
                        dependents who were eligible to receive the 
                        assistance, and to whom the entity could not 
                        provide the assistance solely due to a lack of 
                        available housing; and
                            ``(iv) the type of support services 
                        provided to each individual or dependent 
                        assisted under this section.
            ``(2) Report to congress.--The Secretary shall annually 
        prepare and submit to the Committee on the Judiciary of the 
        House of Representatives and the Committee on the Judiciary of 
        the Senate a report that contains a compilation of the 
        information contained in reports submitted under paragraph (1).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section--
            ``(1) $25,000,000 for each of fiscal years 2001 through 
        2003; and
            ``(2) $30,000,000 for each of fiscal years 2004 and 
        2005.''.

SEC. 204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

    (a) Reauthorization.--Section 316(f) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10416(f)) is amended by striking 
paragraph (1) and inserting the following:
            ``(1) In general.--There are authorized to be appropriated 
        from the Violent Crime Reduction Trust Fund established under 
        section 310001 of the Violent Crime Control and Law Enforcement 
        Act of 1994 (42 U.S.C. 14211) to carry out this section 
        $2,000,000 for each of fiscal years 2001 through 2005.''.
    (b) Report Requirement.--Section 316 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10416) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Report by Grant Recipient.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Violence Against Women Act of 2000, each 
        recipient of a grant under this section shall prepare and 
        submit to the Secretary a report that contains--
                    ``(A) an evaluation of the effectiveness of the 
                activities carried out by the recipient with amounts 
                received under this section; and
                    ``(B) such other information as the Secretary may 
                prescribe.
            ``(2) Notice and public comment.--The Secretary shall--
                    ``(A) publish in the Federal Register a copy of the 
                report submitted by the recipient under this 
                subsection; and
                    ``(B) allow not less than 90 days for notice of and 
                opportunity for public comment on the published 
                report.''.

SEC. 205. FEDERAL VICTIMS COUNSELORS.

    Section 40114 of the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322; 108 Stat. 1910) is amended by striking 
``(such as District of Columbia)--'' and all that follows and inserting 
``(such as District of Columbia), $1,000,000 for each of fiscal years 
2001 through 2005.''.

SEC. 206. STUDY OF STATE LAWS REGARDING INSURANCE DISCRIMINATION 
              AGAINST VICTIMS OF VIOLENCE AGAINST WOMEN.

    (a) In General.--The Attorney General shall conduct a national 
study to identify State laws that address discrimination against 
victims of domestic violence and sexual assault related to issuance or 
administration of insurance policies.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Attorney General shall submit to Congress a report on the 
findings and recommendations of the study required by subsection (a).

SEC. 207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST WOMEN.

    The Attorney General shall--
            (1) conduct a national survey of plans, programs, and 
        practices developed to assist employers and employees on 
        appropriate responses in the workplace related to victims of 
        domestic violence, stalking, or sexual assault; and
            (2) not later than 18 months after the date of enactment of 
        this Act, submit to Congress a report describing the results of 
        that survey, which report shall include the recommendations of 
        the Attorney General to assist employers and employees 
affected in the workplace by incidents of domestic violence, stalking, 
and sexual assault.

SEC. 208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS OF VIOLENCE 
              AGAINST WOMEN.

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

SEC. 209. ENHANCING PROTECTIONS FOR OLDER WOMEN FROM DOMESTIC VIOLENCE 
              AND SEXUAL ASSAULT.

    (a) Definition.--In this section, the term ``older individual'' has 
the meaning given the term in section 102 of the Older Americans Act of 
1965 (42 U.S.C. 3002).
    (b) Protections for Older Individuals From Domestic Violence and 
Sexual Assault in Pro-Arrest Grants.--Section 2101(b) of part U of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796hh et seq.) is amended by adding at the end the following:
            ``(8) To develop or strengthen policies and training for 
        police, prosecutors, and the judiciary in recognizing, 
        investigating, and prosecuting instances of domestic violence 
        and sexual assault against older individuals (as is defined in 
        section 102 of the Older Americans Act of 1965) (42 U.S.C. 
        3002)).''.
    (c) Protections for Older Individuals From Domestic Violence and 
Sexual Assault in STOP Grants.--Part T of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is 
amended--
            (1) in section 2001(b)--
                    (A) in paragraph (7) (as amended by section 103(b) 
                of this Act), by striking ``and'' at the end;
                    (B) in paragraph (8) (as added by section 103(b) of 
                this Act), by striking the period at the end and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) developing, enlarging, or strengthening programs to 
        assist law enforcement, prosecutors, courts, and others to 
        address the needs and circumstances of older women who are 
        victims of domestic violence or sexual assault, including 
        recognizing, investigating, and prosecuting instances of such 
        violence or assault and targeting outreach and support and 
        counseling services to such older individuals.''; and
            (2) in section 2003(7) (as amended by section 103(b) of 
        this Act), by inserting after ``any other populations 
        determined to be underserved'' the following: ``, and the needs 
        of older individuals (as defined in section 102 of the Older 
        Americans Act of 1965 (42 U.S.C. 3002)) who are victims of 
        family violence''.
    (d) Enhancing Services for Older Individuals in Shelters.--Section 
303(a)(2)(C) of the Family Violence Prevention and Services Act (42 
U.S.C. 10402(a)(2)(C)) (as amended by section 202(a)(1) of this Act) is 
amended by inserting after ``any other populations determined by the 
Secretary to be underserved'' the following: ``, and the needs of older 
individuals (as defined in section 102 of the Older Americans Act of 
1965 (42 U.S.C. 3002)) who are victims of family violence''.

        TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

SEC. 301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM.

    (a) In General.--The Attorney General may award grants to States, 
units of local government, and Indian tribal governments that propose 
to enter into or expand the scope of existing contracts and cooperative 
agreements with public or private nonprofit entities to provide 
supervised visitation and safe visitation exchange of children by and 
between parents in situations involving domestic violence, child abuse, 
or sexual assault.
    (b) Considerations.--In awarding grants under subsection (a), the 
Attorney General shall take into account--
            (1) the number of families to be served by the proposed 
        visitation programs and services;
            (2) the extent to which the proposed supervised visitation 
        programs and services serve underserved populations (as defined 
        in section 2003 of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3796gg-2));
            (3) with respect to an applicant for a contract or 
        cooperative agreement, the extent to which the applicant 
        demonstrates cooperation and collaboration with nonprofit, 
        nongovernmental entities in the local community served, 
        including the State domestic violence coalition, State sexual 
        assault coalition, local shelters, and programs for domestic 
        violence and sexual assault victims; and
            (4) the extent to which the applicant demonstrates 
        coordination and collaboration with State and local court 
        systems, including mechanisms for communication and referral.
    (c) Applicant Requirements.--The Attorney General shall award 
grants for contracts and cooperative agreements to applicants that--
            (1) demonstrate expertise in the area of family violence, 
        including the areas of domestic violence or sexual assault, as 
        appropriate;
            (2) ensure that any fees charged to individuals for use of 
        programs and services are based on the income of those 
        individuals, unless otherwise provided by court order;
            (3) demonstrate that adequate security measures, including 
        adequate facilities, procedures, and personnel capable of 
        preventing violence, are in place for the operation of 
        supervised visitation programs and services or safe visitation 
        exchange; and
            (4) prescribe standards by which the supervised visitation 
        or safe visitation exchange will occur.
    (d) Reporting.--
            (1) In general.--Not later than 1 year after the last day 
        of the first fiscal year commencing on or after the date of 
        enactment of this Act, and not later than 180 days after the 
        last day of each fiscal year thereafter, the Attorney General 
        shall submit to Congress a report that includes information 
        concerning--
                    (A) the number of--
                            (i) individuals served and the number of 
                        individuals turned away from visitation 
                        programs and services and safe visitation 
                        exchange (categorized by State);
                            (ii) the number of individuals from 
                        underserved populations served and turned away 
                        from services; and
                            (iii) the type of problems that underlie 
                        the need for supervised visitation or safe 
                        visitation exchange, such as domestic violence, 
                        child abuse, sexual assault, other physical 
                        abuse, or a combination of such factors;
                    (B) the numbers of supervised visitations or safe 
                visitation exchanges ordered under this section during 
                custody determinations under a separation or divorce 
                decree or protection order, through child protection 
                services or other social services agencies, or by any 
                other order of a civil, criminal, juvenile, or family 
                court;
                    (C) the process by which children or abused 
                partners are protected during visitations, temporary 
                custody transfers, and other activities for which 
                supervised visitation is established under this 
                section;
                    (D) safety and security problems occurring during 
                the reporting period during supervised visitation under 
                this section, including the number of parental 
                abduction cases; and
                    (E) the number of parental abduction cases in a 
                judicial district using supervised visitation programs 
                and services under this section, both as identified in 
                criminal prosecution and custody violations.
            (2) Guidelines.--The Attorney General shall establish 
        guidelines for the collection and reporting of data under this 
        subsection.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $15,000,000 for 
each of fiscal years 2001 and 2002.
    (f) Allotment for Indian Tribes.--Not less than 5 percent of the 
total amount made available for each fiscal year to carry out this 
section shall be available for grants to Indian tribal governments.

SEC. 302. REAUTHORIZATION OF RUNAWAY AND HOMELESS YOUTH GRANTS.

    Section 388(a) of the Runaway and Homeless Youth Act (42 U.S.C. 
5751(a)) is amended by striking paragraph (4) and inserting the 
following:
            ``(4) Part e.--There is authorized to be appropriated from 
        the Violent Crime Reduction Trust Fund established under 
        section 310001 of the Violent Crime Control and Law Enforcement 
        Act of 1994 (42 U.S.C. 14211) to carry out part E $22,000,000 
        for each of fiscal years 2001 through 2005.''.

SEC. 303. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PROGRAMS.

    (a) Court-Appointed Special Advocate Program.--Section 218 of the 
Victims of Child Abuse Act of 1990 (42 U.S.C. 13014) is amended by 
striking subsection (a) and inserting the following:
    ``(a) Authorization.--There is authorized to be appropriated from 
the Violent Crime Reduction Trust Fund established under section 310001 
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14211) to carry out this subtitle $12,000,000 for each of fiscal years 
2001 through 2005.''.
    (b) Child Abuse Training Programs for Judicial Personnel and 
Practitioners.--Section 224 of the Victims of Child Abuse Act of 1990 
(42 U.S.C. 13024) is amended by striking subsection (a) and inserting 
the following:
    ``(a) Authorization.--There is authorized to be appropriated from 
the Violent Crime Reduction Trust Fund established under section 310001 
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14211) to carry out this subtitle $2,300,000 for each of fiscal years 
2001 through 2005.''.
    (c) Grants for Televised Testimony.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)) is amended by striking paragraph (7) and inserting the 
following:
    ``(7) There is authorized to be appropriated from the Violent Crime 
Reduction Trust Fund established under section 310001 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to 
carry out part N $1,000,000 for each of fiscal years 2001 through 
2005.''.
    (d) Dissemination of Information.--The Attorney General shall--
            (1) annually compile and disseminate information (including 
        through electronic publication) about the use of amounts 
        expended and the projects funded under section 218(a) of the 
        Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)), 
        section 224(a) of the Victims of Child Abuse Act of 1990 (42 
        U.S.C. 13024(a)), and section 1007(a)(7) of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3793(a)(7)), including any evaluations of the projects and 
        information to enable replication and adoption of the 
        strategies identified in the projects; and
            (2) focus dissemination of the information described in 
        paragraph (1) toward community-based programs, including 
domestic violence and sexual assault programs.

SEC. 304. REPORT ON EFFECTS OF PARENTAL KIDNAPPING LAWS IN DOMESTIC 
              VIOLENCE CASES.

    (a) In General.--The Attorney General shall--
            (1) conduct a study of Federal and State laws relating to 
        child custody, including custody provisions in protection 
        orders, the Parental Kidnaping Prevention Act of 1980, and the 
        amendments made by that Act, and the effect of those laws on 
        child custody cases in which domestic violence is a factor; and
            (2) submit to Congress a report describing the results of 
        that study, including the effects of implementing or applying 
        model State laws, and the recommendations of the Attorney 
        General to reduce the incidence or pattern of violence against 
        women or of sexual assault of the child.
    (b) Sufficiency of Defenses.--In carrying out subsection (a) with 
respect to the Parental Kidnaping Prevention Act of 1980, and the 
amendments made by that Act, the Attorney General shall examine the 
sufficiency of defenses to parental abduction charges available in 
cases involving domestic violence, and the burdens and risks 
encountered by victims of domestic violence arising from jurisdictional 
requirements of that Act and the amendments made by that Act.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $200,000 for fiscal year 2001.
    (d) Condition for Custody Determination.--Section 
1738A(c)(2)(C)(ii) of title 28, United States Code, is amended by 
striking ``he'' and inserting ``the child, a sibling, or parent of the 
child''.

   TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                             AGAINST WOMEN

SEC. 401. EDUCATION AND TRAINING IN APPROPRIATE RESPONSES TO VIOLENCE 
              AGAINST WOMEN.

    (a) Authority.--The Secretary of Health and Human Services, in 
consultation with the Attorney General, may award grants in accordance 
with this section to public and private nonprofit entities that, in the 
determination of the Secretary, have--
            (1) nationally recognized expertise in the areas of 
        domestic violence and sexual assault; and
            (2) a record of commitment and quality responses to reduce 
        domestic violence and sexual assault.
    (b) Purpose.--Grants under this section may be used for the 
purposes of developing, testing, presenting, and disseminating model 
programs to provide education and training in appropriate and effective 
responses to victims of domestic violence and sexual assault 
(including, as appropriate, the effects of domestic violence on 
children) for individuals (other than law enforcement officers and 
prosecutors) who are likely to come into contact with such victims 
during the course of their employment, including--
            (1) caseworkers, supervisors, administrators, 
        administrative law judges, and other individuals administering 
        Federal and State benefits programs, such as child welfare and 
        child protective services, Temporary Assistance to Needy 
        Families, social security disability, child support, medicaid, 
        unemployment, workers' compensation, and similar programs; and
            (2) medical and health care professionals, including mental 
        and behavioral health professionals such as psychologists, 
        psychiatrists, social workers, therapists, counselors, and 
        others.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for 
each of fiscal years 2001 through 2003.

SEC. 402. RAPE PREVENTION AND EDUCATION.

    (a) In General.--Part J of title III of the Public Health Service 
Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393A 
the following:

``SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.

    ``(a) Permitted Use.--The Secretary, acting through the National 
Center for Injury Prevention and Control at the Centers for Disease 
Control and Prevention, shall award targeted grants to States to be 
used for rape prevention and education programs conducted by rape 
crisis centers, State sexual assault coalitions, and other public and 
private nonprofit entities for--
            ``(1) educational seminars;
            ``(2) the operation of hotlines;
            ``(3) training programs for professionals;
            ``(4) the preparation of informational material;
            ``(5) education and training programs for students and 
        campus personnel designed to reduce the incidence of sexual 
        assault at colleges and universities;
            ``(6) education to increase awareness about drugs used to 
        facilitate rapes or sexual assaults; and
            ``(7) other efforts to increase awareness of the facts 
        about, or to help prevent, sexual assault, including efforts to 
        increase awareness in underserved communities and awareness 
        among individuals with disabilities (as defined in section 3 of 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
    ``(b) Collection and Dissemination of Information on Sexual 
Assault.--The Secretary shall, through the National Resource Center on 
Sexual Assault established under the National Center for Injury 
Prevention and Control at the Centers for Disease Control and 
Prevention, provide resource information, policy, training, and 
technical assistance to Federal, State, local, and Indian tribal 
agencies, as well as to State sexual assault coalitions and local 
sexual assault programs and to other professionals and interested 
parties on issues relating to sexual assault, including maintenance of 
a central resource library in order to collect, prepare, analyze, and 
disseminate information and statistics and analyses thereof relating to 
the incidence and prevention of sexual assault.
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        from the Violent Crime Reduction Trust Fund established under 
section 310001 of the Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 14211) to carry out this section, $50,000,000 for each 
of fiscal years 2001 through 2005.
            ``(2) National resource center allotment.--Of the total 
        amount made available under this subsection in each fiscal 
        year, not more than the greater of $1,000,000 or 2 percent of 
        such amount shall be available for allotment under subsection 
        (b).
    ``(d) Limitations.--
            ``(1) Supplement not supplant.--Amounts provided to States 
        under this section shall be used to supplement and not supplant 
        other Federal, State, and local public funds expended to 
        provide services of the type described in subsection (a).
            ``(2) Studies.--A State may not use more than 2 percent of 
        the amount received by the State under this section for each 
        fiscal year for surveillance studies or prevalence studies.
            ``(3) Administration.--A State may not use more than 5 
        percent of the amount received by the State under this section 
        for each fiscal year for administrative expenses.''.
    (b) Repeal.--Section 40151 of the Violence Against Women Act of 
1994 (108 Stat. 1920), and the amendment made by such section, is 
repealed.

SEC. 403. EDUCATION AND TRAINING TO END VIOLENCE AGAINST AND ABUSE OF 
              WOMEN WITH DISABILITIES.

    (a) In General.--The Attorney General, in consultation with the 
Secretary of Health and Human Services, may award grants to States and 
nongovernmental private entities to provide education and technical 
assistance for the purpose of providing training, consultation, and 
information on domestic violence, stalking, and sexual assault against 
women who are individuals with disabilities (as defined in section 3 of 
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
    (b) Priorities.--In awarding grants under this section, the 
Attorney General shall give priority to applications designed to 
provide education and technical assistance on--
            (1) the nature, definition, and characteristics of domestic 
        violence, stalking, and sexual assault experienced by women who 
        are individuals with disabilities;
            (2) outreach activities to ensure that women who are 
        individuals with disabilities who are victims of domestic 
        violence, stalking, and sexual assault receive appropriate 
        assistance;
            (3) the requirements of shelters and victim services 
        organizations under Federal anti-discrimination laws, including 
        the Americans with Disabilities Act of 1990 and section 504 of 
        the Rehabilitation Act of 1973; and
            (4) cost-effective ways that shelters and victim services 
        may accommodate the needs of individuals with disabilities in 
        accordance with the Americans with Disabilities Act of 1990.
    (c) Uses of Grants.--Each recipient of a grant under this section 
shall provide information and training to organizations and programs 
that provide services to individuals with disabilities, including 
independent living centers, disability-related service organizations, 
and domestic violence programs providing shelter or related assistance.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for 
each of fiscal years 2001 through 2005.

SEC. 404. COMMUNITY INITIATIVES.

    Section 318 of the Family Violence Prevention and Services Act (42 
U.S.C. 10418) is amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (C) by inserting after subparagraph (G) the 
                following:
                    ``(H) groups that provide services to individuals 
                with disabilities;''; and
            (2) by striking subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for 
each of fiscal years 2001 through 2005.''.

SEC. 405. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE VIOLENCE 
              AGAINST WOMEN ACT OF 1994.

    (a) In General.--The Attorney General shall--
            (1) direct the National Institute of Justice, in 
        consultation and coordination with the Bureau of Justice 
        Statistics and the National Academy of Sciences, through its 
        National Research Council, to develop a research agenda based 
        on the recommendations contained in the report entitled 
        ``Understanding Violence Against Women'' of the National 
        Academy of Sciences ; and
            (2) not later than 1 year after the date of enactment of 
        this Act, in consultation with the Secretary of the Department 
        of Health and Human Services, submit to Congress a report which 
        shall include--
                    (A) a description of the research agenda developed 
                under paragraph (1) and a plan to implement that 
                agenda;
                    (B) recommendations for priorities in carrying out 
                that agenda to most effectively advance knowledge about 
                and means by which to prevent or reduce violence 
                against women.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 31001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) such sums as may be necessary to carry 
out this section.

                   TITLE V--BATTERED IMMIGRANT WOMEN

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Battered Immigrant Women 
Protection Act of 2000''.

SEC. 502. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the goal of the immigration protections for battered 
        immigrants included in the Violence Against Women Act of 1994 
        was to remove immigration laws as a barrier that kept battered 
        immigrant women and children locked in abusive relationships;
            (2) providing battered immigrant women and children who 
        were experiencing domestic violence at home with protection 
        against deportation allows them to obtain protection orders 
        against their abusers and frees them to cooperate with law 
        enforcement and prosecutors in criminal cases brought against 
        their abusers and the abusers of their children without fearing 
        that the abuser will retaliate by withdrawing or threatening 
        withdrawal of access to an immigration benefit under the 
        abuser's control; and
            (3) there are several groups of battered immigrant women 
        and children who do not have access to the immigration 
        protections of the Violence Against Women Act of 1994 which 
        means that their abusers are virtually immune from prosecution 
        because their victims can be deported as a result of action by 
        their abusers and the Immigration and Naturalization Service 
        cannot offer them protection no matter how compelling their 
        case under existing law.
    (b) Purposes.--The purposes of this title are--
            (1) to remove barriers to criminal prosecutions of persons 
        who commit acts of battery or extreme cruelty against immigrant 
        women and children; and
            (2) to offer protection against domestic violence occurring 
        in family and intimate relationships that are covered in State 
        and tribal protection orders, domestic violence, and family law 
        statutes.

SEC. 503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE 
              AGAINST WOMEN ACT OF 1994 FOR BATTERED IMMIGRANT WOMEN.

    (a) Intended Spouse Defined.--Section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the 
following:
    ``(50) The term `intended spouse' means any alien who meets the 
criteria set forth in section 204(a)(1)(A)(iii)(II)(aa)(BB), 
204(a)(1)(B)(ii)(II)(aa)(BB), or 240A(b)(2)(A)(i)(III).''.
    (b) Immediate Relative Status for Self-Petitioners Married to U.S. 
Citizens.--
            (1) Self-petitioning spouses.--
                    (A) Battery or cruelty to alien or alien's child.--
                Section 204(a)(1)(A)(iii) of the Immigration and 
                Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is 
                amended to read as follows:
    ``(iii)(I) An alien who is described in subclause (II) may file a 
petition with the Attorney General under this clause for classification 
of the alien (and any child of the alien) if the alien demonstrates to 
the Attorney General that--
            ``(aa) the marriage or the intent to marry the United 
        States citizen was entered into in good faith by the alien; and
            ``(bb) during the marriage or relationship intended by the 
        alien to be legally a marriage, the alien or a child of the 
        alien has been battered or has been the subject of extreme 
        cruelty perpetrated by the alien's spouse or intended spouse.
    ``(II) For purposes of subclause (I), an alien described in this 
subclause is an alien--
            ``(aa)(AA) who is the spouse of a citizen of the United 
        States;
            ``(BB) who believed that he or she had married a citizen of 
        the United States and with whom a marriage ceremony was 
        actually performed and who otherwise meets any applicable 
        requirements under this Act to establish the existence of and 
        bona fides of a marriage, but whose marriage is not legitimate 
        solely because of the bigamy of such citizen of the United 
        States; or
            ``(CC) who was a bona fide spouse of a United States 
        citizen within the past 2 years and--
                    ``(aaa) whose spouse died within the past 2 years;
                    ``(bbb) whose spouse lost or renounced citizenship 
                status related to an incident of domestic violence; or
                    ``(ccc) who demonstrates a connection between the 
                legal termination of the marriage and battering or 
                extreme cruelty by the United States citizen spouse;
            ``(bb) who is a person of good moral character;
            ``(cc) who is eligible to be classified as an immediate 
        relative under section 201(b)(2)(A)(i) or who would have been 
        so classified but for the bigamy of the citizen of the United 
        States that the alien intended to marry; and
            ``(dd) who has resided with the alien's spouse or intended 
        spouse.''.
            (2) Self-petitioning children.--Section 204(a)(1)(A)(iv) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(A)(iv)) is amended to read as follows:
    ``(iv) An alien who is the child of a citizen of the United States, 
or who was a child of a United States citizen parent who lost or 
renounced citizenship status related to an incident of domestic 
violence, and who is a person of good moral character, who is eligible 
to be classified as an immediate relative under section 
201(b)(2)(A)(i), and who resides, or has resided in the past, with the 
citizen parent may file a petition with the Attorney General under this 
subparagraph for classification of the alien (and any child of the 
alien) under such section if the alien demonstrates to the Attorney 
General that the alien has been battered by or has been the subject of 
extreme cruelty perpetrated by the alien's citizen parent. For purposes 
of this clause, residence includes any period of visitation.''.
            (3) Filing of petitions.--Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154 (a)(1)(A)(iv)) 
        is amended by adding at the end the following:
    ``(v) An alien who is the spouse, intended spouse, or child of a 
United States citizen living abroad and who is eligible to file a 
petition under clause (iii) or (iv) shall file such petition with the 
Attorney General under the procedures that apply to self-petitioners 
under clauses (iii) or (iv).''.
    (c) Second Preference Immigration Status for Self-Petitioners 
Married to Lawful Permanent Residents.--
            (1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)(ii)) is amended to read as follows:
    ``(ii)(I) An alien who is described in subclause (II) may file a 
petition with the Attorney General under this clause for classification 
of the alien (and any child of the alien) if such a child has not been 
classified under clause (iii) of section 203(a)(2)(A) and if the alien 
demonstrates to the Attorney General that--
            ``(aa) the marriage or the intent to marry the lawful 
        permanent resident was entered into in good faith by the alien; 
        and
            ``(bb) during the marriage or relationship intended by the 
        alien to be legally a marriage, the alien or a child of the 
        alien has been battered or has been the subject of extreme 
        cruelty perpetrated by the alien's spouse or intended spouse.
    ``(II) For purposes of subclause (I), an alien described in this 
paragraph is an alien--
            ``(aa)(AA) who is the spouse of a lawful permanent resident 
        of the United States; or
            ``(BB) who believed that he or she had married a lawful 
        permanent resident of the United States and with whom a 
        marriage ceremony was actually performed and who otherwise 
        meets any applicable requirements under this Act to establish 
        the existence of and bona fides of a marriage, but whose 
        marriage is not legitimate solely because of the bigamy of such 
        lawful permanent resident of the United States; or
            ``(CC) who was a bona fide spouse of a lawful permanent 
        resident within the past 2 years and--
                    ``(aaa) whose spouse lost status due to an incident 
                of domestic violence; or
                    ``(bbb) who demonstrates a connection between the 
                legal termination of the marriage and battering or 
                extreme cruelty by the lawful permanent resident 
                spouse;
            ``(bb) who is a person of good moral character;
            ``(cc) who is eligible to be classified as a spouse of an 
        alien lawfully admitted for permanent residence under section 
        203(a)(2)(A) or who would have been so classified but for the 
        bigamy of the lawful permanent resident of the United States 
        that the alien intended to marry; and
            ``(dd) who has resided with the alien's spouse or intended 
        spouse.''.
            (3) Self-petitioning children.--Section 204(a)(1)(B)(iii) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)(iii)) is amended to read as follows:
    ``(iii) An alien who is the child of an alien lawfully admitted for 
permanent residence, or who was the child of a lawful permanent 
resident who lost lawful permanent resident status due to an incident 
of domestic violence, and who is a person of good moral character, who 
is eligible for classification under section 203(a)(2)(A), and who 
resides, or has resided in the past, with the alien's permanent 
resident alien parent may file a petition with the Attorney General 
under this subparagraph for classification of the alien (and any child 
of the alien) under such section if the alien demonstrates to the 
Attorney General that the alien has been battered by or has been the 
subject of extreme cruelty perpetrated by the alien's permanent 
resident parent. For purposes of this clause, residence includes any 
period of visitation.''.
            (4) Filing of petitions.--Section 204(a)(1)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is 
        amended by adding at the end the following:
    ``(iv) An alien who is the spouse, intended spouse, or child of a 
lawful permanent resident living abroad is eligible to file a petition 
under clause (ii) or (iii) shall file such petition with the Attorney 
General under the procedures that apply to self-petitioners under 
clauses (ii) or (iii).''.
    (d) Good Moral Character Determinations for Self-Petitioners and 
Treatment of Child Self-Petitioners and Petitions Including Derivative 
Children Attaining 21 Years of Age.--Section 204(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) by redesignating subparagraphs (C) through (H) as 
        subparagraphs (E) through (J), respectively;
            (2) by inserting after subparagraph (B) the following:
                    ``(C) Notwithstanding section 101(f), an act or 
                conviction that is waivable with respect to the 
                petitioner for purposes of a determination of the 
                petitioner's admissibility under section 212(a) or 
                deportability under section 237(a) shall not bar the 
                Attorney General from finding the petitioner to be of 
                good moral character under subparagraph (A)(iii), 
                (A)(iv), (B)(ii), or (B)(iii) if the Attorney General 
                finds that the act or conviction was connected to the 
                alien's having been battered or subjected to extreme 
                cruelty.
                    ``(D)(i)(I) Any child who attains 21 years of age 
                who has filed a petition under clause (iv) of section 
                204(a)(1)(A) that was filed or approved before the date 
                on which the child attained 21 years of age shall be 
                considered (if the child has not been admitted or 
                approved for lawful permanent residence by the date the 
                child attained 21 years of age) a petitioner for 
                preference status under paragraph (1), (2), or (3) of 
                section 203(a), whichever paragraph is applicable, with 
                the same priority date assigned to the self-petition 
                filed under clause (iv) of section 204(a)(1)(A). No new 
                petition shall be required to be filed.
                    ``(II) Any individual described in subclause (I) is 
                eligible for deferred action and work authorization.
                    ``(III) Any derivative child who attains 21 years 
                of age who is included in a petition described in 
                clause (ii) that was filed or approved before the date 
                on which the child attained 21 years of age shall be 
                considered (if the child has not been admitted or 
                approved for lawful permanent residence by the date the 
                child attained 21 years of age) a petitioner for 
                preference status under paragraph (1), (2), or (3) of 
                section 203(a), whichever paragraph is applicable, with 
                the same priority date as that assigned to the 
                petitioner in any petition described in clause (ii). No 
                new petition shall be required to be filed.
                    ``(IV) Any individual described in subclause (III) 
                and any derivative child of a petition described in 
                clause (ii) is eligible for deferred action and work 
                authorization.
                    ``(ii) The petition referred to in clause (i)(III) 
                is a petition filed by an alien under subparagraph 
                (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in which the 
                child is included as a derivative beneficiary.''; and
            (3) in subparagraph (J) (as so redesignated), by inserting 
        ``or in making determinations under subparagraphs (C) and 
        (D),'' after ``subparagraph (B),''.
    (e) Access to Naturalization for Divorced Victims of Abuse.--
Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 
1430(a)) is amended--
            (1) by inserting ``, or any person who obtained status as a 
        lawful permanent resident by reason of his or her status as a 
        spouse or child of a United States citizen who battered him or 
        her or subjected him or her to extreme cruelty,'' after 
        ``United States'' the first place such term appears; and
            (2) by inserting ``(except in the case of a person who has 
        been battered or subjected to extreme cruelty by a United 
        States citizen spouse or parent)'' after ``has been living in 
        marital union with the citizen spouse''.

SEC. 504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND SUSPENSION OF 
              DEPORTATION UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994.

    (a) Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.--Section 240A(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows:
            ``(2) Special rule for battered spouse or child.--
                    ``(A) Authority.--The Attorney General may cancel 
                removal of, and adjust to the status of an alien 
                lawfully admitted for permanent residence, an alien who 
                is inadmissible or deportable from the United States if 
                the alien demonstrates that--
                            ``(i)(I) the alien has been battered or 
                        subjected to extreme cruelty by a spouse or 
                        parent who is or was a United States citizen 
                        (or is the parent of a child of a United States 
                        citizen and the child has been battered or 
                        subjected to extreme cruelty by such citizen 
                        parent);
                            ``(II) the alien has been battered or 
                        subjected to extreme cruelty by a spouse or 
                        parent who is or was a lawful permanent 
                        resident (or is the parent of a child of an 
                        alien who is or was a lawful permanent resident 
                        and the child has been battered or subjected to 
                        extreme cruelty by such permanent resident 
                        parent); or
                            ``(III) the alien has been battered or 
                        subjected to extreme cruelty by a United States 
                        citizen or lawful permanent resident whom the 
                        alien intended to marry, but whose marriage is 
                        not legitimate because of that United States 
                        citizen's or lawful permanent resident's 
                        bigamy;
                            ``(ii) the alien has been physically 
                        present in the United States for a continuous 
                        period of not less than 3 years immediately 
                        preceding the date of such application, and the 
                        issuance of a charging document for removal 
                        proceedings shall not toll the 3-year period of 
                        continuous physical presence in the United 
                        States;
                            ``(iii) the alien has been a person of good 
                        moral character during such period, subject to 
                        the provisions of subparagraph (C);
                            ``(iv) the alien is not inadmissible under 
                        paragraph (2) or (3) of section 212(a), is not 
                        deportable under paragraphs (1)(G) or (2) 
                        through (4) of section 237(a) (except in a case 
                        described in section 237(a)(7) where the 
                        Attorney General exercises discretion to grant 
                        a waiver), and has not been convicted of an 
                        aggravated felony; and
                            ``(v) the removal would result in extreme 
                        hardship to the alien, the alien's child, or 
                        the alien's parent.
                    ``(B) Physical presence.--Notwithstanding 
                subsection (d)(2), for purposes of subparagraph 
                (A)(i)(II) or for purposes of section 244(a)(3) (as in 
                effect before the title III-A effective date in section 
                309 of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996), an alien shall not be 
                considered to have failed to maintain continuous 
                physical presence by reason of an absence if the alien 
                demonstrates a connection between the absence and the 
                battering or extreme cruelty perpetrated against the 
                alien. No absence or portion of an absence connected to 
                the battering or extreme cruelty shall count toward the 
                90-day or 180-day limits established in subsection 
                (d)(2). If any absence or aggregate absences exceed 180 
                days, the absences or portions of the absences will not 
                be considered to break the period of continuous 
                presence. Any such period of time excluded from the 
                180-day limit shall be excluded in computing the time 
                during which the alien has been physically present for 
                purposes of the 3-year requirement set forth in section 
                240A(b)(2)(B) and section 244(a)(3) (as in effect 
                before the title III-A effective date in section 309 of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996).
                    ``(C) Good moral character.--Notwithstanding 
                section 101(f), an act or conviction that would be 
                waivable with respect to the alien for purposes of a 
                determination of the alien's admissibility under 
                section 212(a) or is waivable with respect to the alien 
                for purposes of the alien's deportability under section 
                237(a) shall not bar the Attorney General from finding 
                the alien to be of good moral character under 
                subparagraph (A)(i)(III) or section 244(a)(3) (as in 
                effect before the title III-A effective date in section 
309 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996), if the Attorney General finds that the act or conviction was 
connected to the alien's having been battered or subjected to extreme 
cruelty and determines that a waiver would be or is otherwise 
warranted.
                    ``(D) Credible evidence considered.--In acting on 
                applications under this paragraph, the Attorney General 
                shall consider any credible evidence relevant to the 
                application. The determination of what evidence is 
                credible and the weight to be given that evidence shall 
                be within the sole discretion of the Attorney 
                General.''.
    (b) Children of Battered Aliens and Parents of Battered Alien 
Children.--Section 240A(b) of the Immigration and Nationality Act (8 
U.S.C. 1229b(b)) is amended by adding at the end the following:
            ``(4) Children of battered aliens and parents of battered 
        alien children.--
                    ``(A) In general.--The Attorney General shall grant 
                parole under section 212(d)(5) to any alien who is a--
                            ``(i) child of an alien granted relief 
                        under section 240A(b)(2) or 244(a)(3) (as in 
                        effect before the title III-A effective date in 
                        section 309 of the Illegal Immigration Reform 
                        and Immigrant Responsibility Act of 1996); or
                            ``(ii) parent of a child alien granted 
                        relief under section 240A(b)(2) or 244(a)(3) 
                        (as in effect before the title III-A effective 
                        date in section 309 of the Illegal Immigration 
                        Reform and Immigrant Responsibility Act of 
                        1996).
                    ``(B) Duration of parole.--The grant of parole 
                shall extend from the time of the grant of relief under 
                section 240A(b)(2) or section 244(a)(3) (as in effect 
                before the title III-A effective date in section 309 of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996) to the time the application 
                for adjustment of status filed by aliens covered under 
                this paragraph has been finally adjudicated. 
                Applications for adjustment of status filed by aliens 
                covered under this paragraph shall be treated as if 
                they were applications filed under section 204(a)(1) 
                (A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of 
                section 245 (a) and (c). Failure by the alien granted 
                relief under section 240A(b)(2) or section 244(a)(3) 
                (as in effect before the title III-A effective date in 
                section 309 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996) to exercise due 
                diligence in filing a visa petition on behalf of an 
                alien described in clause (i) or (ii) may result in 
                revocation of parole.''.
    (c) Effective Date.--Any individual who becomes eligible for relief 
by reason of the enactment of the amendments made by subsections (a) 
and (b), shall be eligible to file a motion to reopen pursuant to 
section 240(c)(6)(C)(iv). The amendments made by subsections (a) and 
(b) shall take effect as if included in the enactment of section 304 of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(Public Law 104-208; 110 Stat. 587). Such portions of the amendments 
made by subsection (b) that relate to section 244(a)(3) (as in effect 
before the title III-A effective date in section 309 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996) shall take 
effect as if included in subtitle G of title IV of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
1953 et seq.).

SEC. 505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF THE 
              VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL QUALIFIED 
              BATTERED IMMIGRANT SELF-PETITIONERS.

    (a) Eliminating Connection Between Battery and Unlawful Entry.--
Section 212(a)(6)(A)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(6)(A)(ii)) is amended--
            (1) by striking subclause (I) and inserting the following:
                                     ``(I) the alien qualifies for 
                                classification under subparagraph 
                                (A)(iii), (A)(iv), (B)(ii), or (B)(iii) 
                                of section 204(a)(i); and'';
            (2) in subclause (II), by striking ``, and'' and inserting 
        a period; and
            (3) by striking subclause (III).
    (b) Eliminating Connection Between Battery and Violation of the 
Terms of an Immigrant Visa.--Section 212(a)(9)(B)(iii)(IV) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is 
amended by striking ``who would be described in paragraph (6)(A)(ii)'' 
and all that follows before the period and inserting ``who is described 
in paragraph (6)(A)(ii)''.
    (c) Battered Immigrant Waiver.--Section 212(a)(9)(C)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended 
by adding at the end the following: ``The Attorney General in the 
Attorney General's discretion may waive the provisions of section 
212(a)(9)(C)(i) in the case of an alien to whom the Attorney General 
has granted classification under clause (iii), (iv), (v), or (vi) of 
section 204(a)(1)(A), or classification under clause (ii), (iii), or 
(iv) of section 204(a)(1)(B), in any case in which there is a 
connection between--
            ``(1) the aliens having been battered or subjected to 
        extreme cruelty; and
            ``(2) the alien's--
                    ``(A) removal;
                    ``(B) departure from the United States;
                    ``(C) reentry or reentries into the United States; 
                or
                    ``(D) attempted reentry into the United States.
    (d) Domestic Violence Victim Waiver.--
            (1) Waiver for victims of domestic violence.--Section 
        237(a) of the Immigration and Nationality Act (8 U.S.C. 
        1227(a)) is amended by inserting at the end the following:
            ``(7) Waiver for victims of domestic violence.--
                    ``(A) In general.--The Attorney General is not 
                limited by the criminal court record and may waive the 
                application of paragraph (2)(E)(i) (with respect to 
                crimes of domestic violence and crimes of stalking) and 
                (ii) in the case of an alien who has been battered or 
                subjected to extreme cruelty and who is not and was not 
                the primary perpetrator of violence in the 
                relationship--
                            ``(i) upon a determination that--
                                    ``(I) the alien was acting is self-
                                defense;
                                    ``(II) the alien was found to have 
                                violated a protection order intended to 
                                protect the alien; or
                                    ``(III) the alien committed, was 
                                arrested for, was convicted of, or pled 
                                guilty to committing a crime--
                                            ``(aa) that did not result 
                                        in serious bodily injury; and
                                            ``(bb) where there was a 
                                        connection between the crime 
                                        and the alien's having been 
                                        battered or subjected to 
                                        extreme cruelty.
                    ``(B) Credible evidence considered.--In acting on 
                applications under this paragraph, the Attorney General 
                shall consider any credible evidence relevant to the 
                application. The determination of what evidence is 
                credible and the weight to be given that evidence shall 
                be within the sole discretion of the Attorney 
                General.''.
            (2) Conforming amendment.--Section 240A(b)(1)(C) of the 
        Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is 
        amended by inserting ``(except in a case described in section 
        237(a)(7) where the Attorney General exercises discretion to 
        grant a waiver)'' after ``237(a)(3)''.
    (e) Misrepresentation Waivers for Battered Spouses of United States 
Citizens and Lawful Permanent Residents.--
            (1) Waiver of inadmissibility.--Section 212(i)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is 
        amended by inserting before the period at the end the 
        following: ``or, in the case of an alien granted classification 
        under clause (iii) or (iv) of section 204(a)(1)(A) or clause 
        (ii) or (iii) of section 204(a)(1)(B), or who would otherwise 
        qualify for relief under section 240A(b)(2) or under section 
        244(a)(3) (as in effect before the title III-A effective date 
        in section 309 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996), the alien demonstrates extreme 
        hardship to the alien or the alien's United States citizen, 
        lawful permanent resident, or qualified alien parent or 
        child''.
            (2) Waiver of deportability.--Section 237(a)(1)(H) of the 
        Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is 
        amended--
                    (A) in clause (i), by inserting ``(I)'' after 
                ``(i)'';
                    (B) by redesignating clause (ii) as subclause (II); 
                and
                    (C) by adding after clause (i) the following:
                            ``(ii) is an alien who qualifies for 
                        classification under clause (iii) or (iv) of 
                        section 204(a)(1)(A) or clause (ii) or (iii) of 
                        section 204(a)(1)(B), or who qualifies for 
                        relief under section 240A(b)(2) or under 
                        section 244(a)(3) (as in effect before the 
                        title III-A effective date in section 309 of 
                        the Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996).''.
    (f) Battered Immigrant Waiver.--Section 212(g)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by adding ``or'' at the end; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) qualifies for classification under clause 
                (iii) or (iv) of section 204(a)(1)(A) or classification 
                under clause (ii) or (iii) of section 204(a)(1)(B), 
                relief under section 240A(b)(2), or relief under 
                section 244(a)(3) (as in effect before the title III-A 
                effective date in section 309 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996);''.
    (g) Waivers for VAWA Eligible Battered Immigrants.--Section 
212(h)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(h)(1)) 
is amended--
            (1) in subparagraph (B), by striking ``and'' and inserting 
        ``or'';
            (2) by adding at the end the following:
                    ``(C) the alien qualifies for classification under 
                clause (iii) or (iv) of section 204(a)(1)(A), 
                classification under clause (ii) or (iii) of section 
                204(a)(1)(B), relief under section 240A(b)(2) or relief 
                under section 244(a)(3) (as in effect before the title 
                III-A effective date in section 309 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996); and''.
    (h) Public Charge.--Section 212 of the Immigration and Nationality 
Act (8 U.S.C. 1182) is amended by adding at the end the following:
    ``(p) In determining whether an alien described in subsection 
(a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to 
receive an immigrant visa or otherwise to adjust to the status of 
permanent resident by reason of subsection (a)(4), the consular officer 
or the Attorney General shall not consider any benefits the alien may 
have received that were authorized under section 501 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1641(c)).''.
    (i) Report.--Not later than 6 months after the date of enactment of 
this Act, the Attorney General shall submit a report to the Committees 
on the Judiciary of the Senate and the House of Representatives 
covering, with respect to the fiscal year 1997 and each fiscal year 
thereafter--
            (1) the policy and procedures of the Immigration and 
        Naturalization Service under which an alien who has been 
        battered or subjected to extreme cruelty who is eligible for 
        suspension of deportation or cancellation of removal can 
        request to be placed, and be placed, in deportation or removal 
        proceedings so that such alien may apply for suspension of 
        deportation or cancellation of removal;
            (2) the number of requests filed at each district office 
        under this policy;
            (3) the number of these requests granted reported 
        separately for each district; and
            (4) the average length of time at each Immigration and 
        Naturalization office between the date that an alien who has 
        been subject to battering or extreme cruelty eligible for 
        suspension of deportation or cancellation of removal requests 
        to be placed in deportation or removal proceedings and the date 
        that the immigrant appears before an immigration judge to file 
        an application for suspension of deportation or cancellation of 
        removal.

SEC. 506. RESTORING IMMIGRATION PROTECTIONS UNDER THE VIOLENCE AGAINST 
              WOMEN ACT OF 1994.

    (a) Removing Barriers to Adjustment of Status for Victims of 
Domestic Violence.--
            (1) Immigration amendments.--Section 245 of the Immigration 
        and Nationality Act (8 U.S.C. 1255) is amended--
                    (A) in subsection (a), by inserting ``or the status 
                of any other alien having an approved petition for 
                classification under subparagraph (A)(iii), (A)(iv), 
                (B)(ii), or (B)(iii) of section 204(a)(1) or'' after 
                ``into the United States.''; and
                    (B) in subsection (c), by striking ``Subsection (a) 
                shall not be applicable to'' and inserting the 
                following: ``Other than an alien having an approved 
                petition for classification under subparagraph 
                (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), 
                or B(iv) of section 204(a)(1), subsection (a) shall not 
                be applicable to''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to applications for adjustment of status pending on 
        or made on or after January 14, 1998.
    (b) Removing Barriers to Cancellation of Removal and Suspension of 
Deportation for Victims of Domestic Violence.--
            (1) Not treating service of notice as terminating 
        continuous period.--Section 240A(d)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking 
        ``when the alien is served a notice to appear under section 
        239(a) or'' and inserting ``(A) except in the case of an alien 
        who applies for cancellation of removal under subsection (b)(2) 
        when the alien is served a notice to appear under section 
        239(a), or (B)''.
            (2) Exemption from annual limitation on cancellation of 
        removal for battered spouse or child.--Section 240A(e)(3) of 
        the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is 
        amended by adding at the end the following:
                    ``(C) Aliens in removal proceedings who applied for 
                cancellation of removal under subsection (b)(2).''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) shall take effect as if included in the enactment of 
        section 304 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587).
            (4) Modification of certain transition rules for battered 
        spouse or child.--Section 309(c)(5)(C) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1101 note) is amended--
                    (A) by striking the subparagraph heading and 
                inserting the following:
                    ``(C) Special rule for certain aliens granted 
                temporary protection from deportation and for battered 
                spouses and children.--''; and
                    (B) in clause (i)--
                            (i) in subclause (IV), by striking ``or'' 
                        at the end;
                            (ii) in subclause (V), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                                    ``(VI) is an alien who was issued 
                                an order to show cause or was in 
                                deportation proceedings before April 1, 
                                1997, and who applied for suspension of 
                                deportation under section 244(a)(3) of 
                                the Immigration and Nationality Act (as 
                                in effect before the date of the 
                                enactment of this Act).''.
            (5) Effective date.--The amendments made by paragraph (4) 
        shall take effect as if included in the enactment of section 
        309 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1101 note).
    (c) Eliminating Time Limitations on Motions To Reopen Removal and 
Deportation Proceedings for Victims of Domestic Violence.--
            (1) Removal proceedings.--
                    (A) In general.--Section 240(c)(6)(C) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1229a(c)(6)(C)) is amended by adding at the end the 
                following:
                            ``(iv) Special rule for battered spouses 
                        and children.--There is no time limit on the 
                        filing of a motion to reopen, and the deadline 
                        specified in subsection (b)(5)(C) for filing 
                        such a motion does not apply--
                                    ``(I) if the basis for the motion 
                                is to apply for relief under clause 
                                (iii) or (iv) of section 204(a)(1)(A), 
                                clause (ii) or (iii) of section 
                                204(a)(1)(B), or section 240A(b)(2); 
                                and
                                    ``(II) if the motion is accompanied 
                                by a cancellation of removal 
                                application to be filed with the 
                                Attorney General or by a copy of the 
                                self-petition that has been or will be 
                                filed with the Immigration and 
                                Naturalization Service upon the 
                                granting of the motion to reopen.''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect as if included in 
                the enactment of section 304 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (8 
                U.S.C. 1229-1229c).
            (2) Deportation proceedings.--
                    (A) In general.--Notwithstanding any limitation 
                imposed by law on motions to reopen or rescind 
                deportation proceedings under the Immigration and 
                Nationality Act (as in effect before the title III-A 
                effective date in section 309 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1101 note)), there is no time limit on 
                the filing of a motion to reopen such proceedings, and 
                the deadline specified in section 242B(c)(3) of the 
                Immigration and Nationality Act (as so in effect) (8 
                U.S.C. 1252b(c)(3)) does not apply--
                            (i) if the basis of the motion is to apply 
                        for relief under clause (iii) or (iv) of 
                        section 204(a)(1)(A) of the Immigration and 
                        Nationality Act (8 U.S.C. 1154(a)(1)(A)), 
                        clause (ii) or (iii) of section 204(a)(1)(B) of 
                        such Act (8 U.S.C. 1154(a)(1)(B)), or section 
                        244(a)(3) of such Act (as so in effect) (8 
                        U.S.C. 1254(a)(3)); and
                            (ii) if the motion is accompanied by a 
                        suspension of deportation application to be 
                        filed with the Attorney General or by a copy of 
                        the self-petition that will be filed with the 
                        Immigration and Naturalization Service upon the 
                        granting of the motion to reopen.
                    (B) Applicability.--Subparagraph (A) shall apply to 
                motions filed by aliens who--
                            (i) are, or were, in deportation 
                        proceedings under the Immigration and 
                        Nationality Act (as in effect before the title 
                        III-A effective date in section 309 of the 
                        Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996 (8 U.S.C. 1101 
                        note)); and
                            (ii) have become eligible to apply for 
                        relief under clause (iii) or (iv) of section 
                        204(a)(1)(A) of the Immigration and Nationality 
                        Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or 
                        (iii) of section 204(a)(1)(B) of such Act (8 
                        U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of 
                        such Act (as in effect before the title III-A 
                        effective date in section 309 of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (8 U.S.C. 1101 note)) as a result 
                        of the amendments made by--
                                    (I) subtitle G of title IV of the 
                                Violent Crime Control and Law 
                                Enforcement Act of 1994 (Public Law 
                                103-322; 108 Stat. 1953 et seq.); or
                                    (II) this title.

SEC. 507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE IMMIGRATION 
              PROVISIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994.

    (a) Effect of Changes in Abusers' Citizenship Status on Self-
Petition.--
            (1) Reclassification.--Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as 
        amended by section 503(b)(3) of this title) is amended by 
        adding at the end the following:
    ``(vi) For the purposes of any petition filed under clause (iii) or 
(iv), the denaturalization, loss or renunciation of citizenship, death 
of the abuser, divorce, or changes to the abuser's citizenship status 
after filing of the petition shall not adversely affect the approval of 
the petition, and for approved petitions shall not preclude the 
classification of the eligible self-petitioning spouse or child as an 
immediate relative or affect the alien's ability to adjust status under 
subsections (a) and (c) of section 245 or obtain status as a lawful 
permanent resident based on the approved self-petition under such 
clauses.''.
            (2) Loss of status.--Section 204(a)(1)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as 
        amended by section 503(c)(4) of this title) is amended by 
        adding at the end the following:
    ``(v)(I) For the purposes of any petition filed or approved under 
clause (ii) or (iii), divorce, or the loss of lawful permanent resident 
status by a spouse or parent after the filing of a petition under that 
clause shall not adversely affect approval of the petition, and, for an 
approved petition, shall not affect the alien's ability to adjust 
status under subsections (a) and (c) of section 245 or obtain status as 
a lawful permanent resident based on an approved self-petition under 
clause (ii) or (iii).
    ``(II) Upon the lawful permanent resident spouse or parent becoming 
or establishing the existence of United States citizenship through 
naturalization, acquisition of citizenship, or other means, any 
petition filed with the Immigration and Naturalization Service and 
pending or approved under clause (ii) or (iii) on behalf of an alien 
who has been battered or subjected to extreme cruelty shall be deemed 
reclassified as a petition filed under subparagraph (A) even if the 
acquisition of citizenship occurs after divorce or termination of 
parental rights.''.
            (3) Definition of immediate relatives.--Section 
        201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
        U.S.C. 1154(b)(2)(A)(i)) is amended by adding at the end the 
        following: ``For purposes of this clause, an alien who has 
        filed a petition under clause (iii) or (iv) of section 
        204(a)(1)(A) of this Act remains an immediate relative in the 
        event that the United States citizen spouse or parent loses 
        United States citizenship on account of the abuse.''.
    (b) Allowing Remarriage of Battered Immigrants.--Section 204(h) of 
the Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended by 
adding at the end the following: ``Remarriage of an alien whose 
petition was approved under section 204(a)(1)(B)(ii) or 
204(a)(1)(A)(iii) or marriage of an alien described in section 
204(a)(1)(A) (iv) or (vi) or 204(a)(1)(B)(iii) shall not be the basis 
for revocation of a petition approval under section 205.''.

SEC. 508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION FOR 
              BATTERED IMMIGRANTS.

    Section 431(c)(1)(B)(iii) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)(iii)) is 
amended to read as follows:
                            ``(iii) suspension of deportation under 
                        section 244(a)(3) of the Immigration and 
                        Nationality Act (as in effect before the title 
                        III-A effective date in section 309 of the 
                        Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996).''.

SEC. 509. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED IMMIGRANT SPOUSES 
              AND CHILDREN.

    (a) In General.--The last sentence of the first section of Public 
Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note) is amended by 
striking the period at the end and inserting the following: ``, except 
that such spouse or child who has been battered or subjected to extreme 
cruelty may adjust to permanent resident status under this Act without 
demonstrating that he or she is residing with the Cuban spouse or 
parent in the United States. In acting on applications under this 
section with respect to spouses or children who have been battered or 
subjected to extreme cruelty, the Attorney General shall apply the 
provisions of section 204(a)(1)(H).''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in subtitle G of title IV of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
1953 et seq.).

SEC. 510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN 
              RELIEF ACT FOR BATTERED SPOUSES AND CHILDREN.

    Section 309(c)(5)(C) of the Illegal Immigration and Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
8 U.S.C. 1101 note) is amended--
            (1) in clause (i)--
                    (A) by striking ``For purposes'' and inserting 
                ``Subject to clauses (ii), (iii), and (iv), for 
                purposes'';
                    (B) by striking ``or'' at the end of subclause 
                (IV);
                    (C) by striking the period at the end of subclause 
                (V) and inserting ``; or''; and
                    (D) by adding at the end the following:
                                    ``(VI) is at the time of filing of 
                                an application under subclause (I), 
                                (II), (V), or (VI) the spouse or child 
                                of an individual described in subclause 
                                (I), (II), or (V) and the spouse, 
                                child, or child of the spouse has been 
                                battered or subjected to extreme 
                                cruelty by the individual described in 
                                subclause (I), (II), or (V).''; and
            (2) by adding at the end the following:
                            ``(iii) Consideration of petitions.--In 
                        acting on a petition filed under subclause (VI) 
                        or (VII) of clause (i) the provisions set forth 
                        in section 204(a)(1)(H) shall apply.
                            ``(iv) Residence with spouse or parent not 
                        required.--For purposes of the application of 
                        subclauses (VI) and (VII) of clause (i), a 
                        spouse or child shall not be required to 
                        demonstrate that he or she is residing with the 
                        spouse or parent in the United States.''.

SEC. 511. ACCESS TO THE HAITIAN REFUGEE FAIRNESS ACT OF 1998 FOR 
              BATTERED SPOUSES AND CHILDREN.

    (a) In General.--Section 902(d)(1)(B) of the Haitian Refugee 
Immigration Fairness Act of 1998 (division A of section 101(h) of 
Public Law 105-277; 112 Stat. 2681-538) is amended to read as follows:
                    ``(B)(i) the alien is the spouse or child of an 
                alien whose status is adjusted to that of an alien 
                lawfully admitted for permanent residence under 
                subsection (a);
                    ``(ii) at the time of filing or the application for 
                adjustment under subsection (a) of this subsection the 
                alien is the spouse or child of an alien whose status 
                is adjusted to that of an alien lawfully admitted for 
                permanent residence under subsection (a) and the 
                spouse, child, or child of the spouse has been battered 
                or subjected to extreme cruelty by the individual 
                described in subsection (a); and
                    ``(iii) in acting on applications under this 
                section with respect to spouses or children who have 
                been battered or subjected to extreme cruelty, the 
                Attorney General shall apply the provisions of section 
                204(a)(1)(H).''.
    (b) Residence With Spouse or Parent Not Required.--Section 902(d) 
of such Act is amended--
            (1) in paragraph (1), by striking ``The status'' and 
        inserting ``Subject to paragraphs (2) and (3), the status''; 
        and
            (2) by adding at the end the following:
            ``(3) Residence with spouse or parent not required.--A 
        spouse, or child may adjust to permanent resident status under 
        paragraph (1) without demonstrating that he or she is residing 
        with the spouse or parent in the United States.''.

SEC. 512. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR BATTERED 
              IMMIGRANTS.

    (a) Law Enforcement and Prosecution Grants.--Section 2001(b) of 
part T of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg(b)) is amended--
            (1) in paragraph (1), by inserting ``, immigration and 
        asylum officers, immigration judges,'' after ``law enforcement 
        officers'';
            (2) in paragraph (8) (as amended by section 209(c) of this 
        Act), by striking ``and'' at the end;
            (3) in paragraph (9) (as added by section 209(c) of this 
        Act), by striking the period at the end and inserting ``; 
        and''; and
            (4) by adding at the end the following:
            ``(10) providing assistance to victims of domestic violence 
        and sexual assault in immigration matters.''.
    (b) Grants To Encourage Arrests.--Section 2101(b)(5) of part U of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796hh(b)(5)) is amended by inserting before the period the 
following: ``, including strengthening assistance to domestic violence 
victims in immigration matters''.
    (c) Rural Domestic Violence and Child Abuse Enforcement Grants.--
Section 40295(a)(2) of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-322; 108 Stat. 1953; 42 U.S.C. 13971(a)(2)) 
is amended to read as follows:
            ``(2) to provide treatment, counseling, and assistance to 
        victims of domestic violence and child abuse, including in 
        immigration matters; and''.
    (d) Campus Domestic Violence Grants.--Section 826(b)(5) of the 
Higher Education Amendments of 1998 (Public Law 105-244; 20 U.S.C. 
1152) is amended by inserting before the period at the end the 
following: ``, including assistance to victims in immigration 
matters''.

       TITLE VI--EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND

SEC. 601. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

    (a) In General.--Section 310001(b) of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14211) is amended by striking 
paragraphs (1) through (5) and inserting the following:
            ``(1) for fiscal year 2001, $6,025,000,000;
            ``(2) for fiscal year 2002, $6,169,000,000;
            ``(3) for fiscal year 2003, $6,316,000,000;
            ``(4) for fiscal year 2004, $6,458,000,000; and
            ``(5) for fiscal year 2005, $6,616,000,000.''.
    (b) Discretionary Limits.--Title XXXI of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 14211 et seq.) is amended by 
inserting after section 310001 the following:

``SEC. 310002. DISCRETIONARY LIMITS.

    ``For the purposes of allocations made for the discretionary 
category under section 302(a) of the Congressional Budget Act of 1974 
(2 U.S.C. 633(a)), the term `discretionary spending limit' means--
            ``(1) with respect to fiscal year 2001--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Committee on the Budget of the House of Representatives 
                and the Chairman of the Committee on the Budget of the 
                Senate; and
                    ``(B) for the violent crime reduction category, 
                $6,025,000,000 in new budget authority and 
                $5,718,000,000 in outlays;
            ``(2) with respect to fiscal year 2002--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Committee on the Budget of the House of Representatives 
                and the Chairman of the Committee on the Budget of the 
                Senate; and
                    ``(B) for the violent crime reduction category, 
                $6,169,000,000 in new budget authority and 
                $6,020,000,000 in outlays;
            ``(3) with respect to fiscal year 2003--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Committee on the Budget of the House of Representatives 
                and the Chairman of the Committee on the Budget of the 
                Senate; and
                    ``(B) for the violent crime reduction category, 
                $6,316,000,000 in new budget authority and 
                $6,161,000,000 in outlays;
            ``(4) with respect to fiscal year 2004--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Committee on the Budget of the House of Representatives 
                and the Chairman of the Committee on the Budget of the 
                Senate; and
                    ``(B) for the violent crime reduction category, 
                $6,459,000,000 in new budget authority and 
                $6,303,000,000 in outlays; and
            ``(5) with respect to fiscal year 2005--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Committee on the Budget of the House of Representatives 
                and the Chairman of the Committee on the Budget of the 
                Senate; and
                    ``(B) for the violent crime reduction category, 
                $6,616,000 in new budget authority and $6,452,000,000 
                in outlays;
        as adjusted in accordance with section 251(b) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        901(b)) and section 314 of the Congressional Budget Act of 
        1974.''.

                                                       Calendar No. 676

106th CONGRESS

  2d Session

                                S. 2787

_______________________________________________________________________

                                 A BILL

To reauthorize the Federal programs to prevent violence against women, 
                        and for other purposes.

_______________________________________________________________________

                             July 12, 2000

                       Reported without amendment
```