121
mitted, was arrested for, has been convicted of, or who
pled guilty to—
‘‘(I) violating a court order issued to protect the
alien;
‘‘(II) prostitution if the alien was forced into
prostitution by an abuser;
‘‘(III) a domestic violence-related crime, if the
Attorney General determines that the alien acted in
self-defense; or
‘‘(IV) a crime where there was a connection be-
tween the commission of the crime and having been
battered or subjected to extreme cruelty.’’.
(b) DETERMINATIONS OF GOOD MORAL CHARACTER
FOR SELF-PETITIONERS SEEKING SECOND PREFERENCE
IMMIGRATION STATUS.—Section 204(a)(1)(B) (8 U.S.C.
1154(a)(1)(B)), as amended by sections 606(d) and
603(a)(2), is further amended by adding after clause (vi)
the following new clause:
‘‘(vii) For the purposes of making good moral char-
acter determinations under this subparagraph, the Attor-
ney General is not limited by the criminal court record
and may make a finding of good moral character notwith-
standing the existence of a disqualifying act or criminal
conviction in the case of an alien who otherwise qualifies
for relief under clause (ii), (iii), or (iv), but who com-
122
mitted, was arrested for, has been convicted of, or who
pled guilty to—
‘‘(I) violating a court order issued to protect the
alien;
‘‘(II) prostitution if the alien was forced into
prostitution by an abuser;
‘‘(III) a domestic violence-related crime, if the
Attorney General determines that the alien acted in
self-defense; or
‘‘(IV) a crime where there was a connection be-
tween the commission of the crime and having been
battered or subjected to extreme cruelty.’’.
(c) DETERMINATIONS OF GOOD MORAL CHARACTER
IN VAWA CANCELLATION OF REMOVAL PROCEEDINGS.—
Section 240A(b)(2) (8 U.S.C. 1229b(b)(2)), as amended
by section 607(a), is further amended by adding at the
end the following new subparagraph:
‘‘(D) GOOD
MORAL
CHARACTER
DETER-
MINATIONS.—For the purposes of making good
moral character determinations under this sub-
section, the Attorney General is not limited by
the criminal court record and may make a find-
ing of good moral character notwithstanding
the existence of a disqualifying act or criminal
conviction in the case of an alien who has been
123
battered or subjected to extreme cruelty but
who committed, was arrested for, has been con-
victed of, or who pled guilty to—
‘‘(i) violating a court order is sued to
protect the alien;
‘‘(ii) prostitution if the alien was
forced into prostitution by an abuser;
‘‘(iii) a domestic violence-related crime
if the Attorney General determines that
the alien acted in self-defense; or
‘‘(iv) committing a crime where there
was a connection between the commission
of the crime and having been battered or
subjected to extreme cruelty.’’.
(d) DETERMINATIONS UNDER SUSPENSION OF DE-
PORTATION.—For the purposes of making good moral
character determinations under section 244(a)(3) of the
Immigration and Nationality Act (as in effect before the
enactment of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996) (8 U.S.C. 1254(a)(3)),
the Attorney General is not limited by the criminal court
record and may make a finding of good moral character
notwithstanding the existence of a disqualifying act or
criminal conviction in the case of an alien who has been
battered or subjected to extreme cruelty but who com-
124
mitted, was arrested for, has been convicted of, or who
pled guilty to—
(1) violating a court order issued to protect the
alien;
(2) prostitution if the alien was forced into
prostitution by an abuser;
(3) a domestic violence-related crime if the At-
torney General determines that the alien acted in
self-defense; or
(4) committing a crime where there was a con-
nection between the commission of the crime and
having been battered or subjected to extreme cru-
elty.
SEC. 609. ECONOMIC SECURITY FOR BATTERED IMMI-
GRANT WOMEN.
(a) NONAPPLICABILITY OF SPECIAL RULES RELAT-
ING TO THE TREATMENT OF NON-213A ALIENS.—Section
408(f)(6) of the Social Security Act (42 U.S.C. 608(f)(6))
is amended—
(1) in subparagraph (B), by striking ‘‘or’’ at
the end;
(2) in subparagraph (C), by striking the period
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
125
‘‘(D) described in section 421(f) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1631(f))
but for the fact that the individual is a non-
213A alien.’’.
(b) PUBLIC CHARGE.—Section 212(a)(4) (8 U.S.C.
1182(a)(4)), as amended by section 341, is further amend-
ed by adding at the end the following new subparagraph:
‘‘(C) EXCEPTION.—The following aliens
are not subject to public charge determinations
under this paragraph:
‘‘(i) An alien who qualifies for classi-
fication as a spouse, parent, child, son, or
daughter of a United States citizen or law-
ful permanent resident under clause (iii),
(iv), (v), or (vi) of section 204(a)(1)(A) or
clause 
(ii), 
(iii), 
or 
(iv) 
of 
section
204(a)(1)(B).
‘‘(ii) An alien who qualifies for classi-
fication under clause (i) or (ii) of section
204(a)(1)(A) or section 204(a)(1)(B)(i)
and who presents credible evidence of hav-
ing been battered or subjected to extreme
cruelty by their United States citizen or
lawful permanent resident spouse, parent,
126
son, or daughter. In the case of alien sons
or daughters, one or more incidents of bat-
tering or extreme cruelty must have oc-
curred before the alien turned 21 years of
age. This clause shall apply whether or not
an affidavit of support has been filed on
the alien’s behalf.
‘‘(iii) An alien who qualifies for status
as a spouse, parent, child, son, or daughter
of a United States citizen or lawful perma-
nent resident, or as a parent of a child of
a United States citizen or lawful perma-
nent 
resident, 
pursuant 
to 
section
240A(b)(2) or section 244(a)(3) (as in ef-
fect before the date of enactment of the Il-
legal Immigration Reform and Immigrant
Responsibility Act of 1996).
‘‘(iv) Any child (as defined in para-
graph (1) or (6) of section 101(b)) in-
cluded in the application of an alien de-
scribed in clause (i), (ii), or (iii).’’.
(c) WAIVER OF FILING FEES.—
(1) PETITIONS FOR CLASSIFICATION.—Section
204(a)(1) (8 U.S.C. 1154(a)(1)), as amended by
127
section 606(c), is further amended by adding at the
end the following new subparagraph:
‘‘(I) No fee shall be charged for the filing or proc-
essing of any application under clause (iii), (iv), (v), or
(vi) of subparagraph (A) or clause (ii), (iii), or (iv) of sub-
paragraph (B), or the first application for work authoriza-
tion filed by an applicant under such a clause.’’.
(2) CANCELLATIONS
OF
REMOVAL.—Section
240A(b)(2) (8 U.S.C. 1229b), as amended by sec-
tions 607(a) and 608(c), is further amended by add-
ing at the end the following new subparagraph:
‘‘(E) PROHIBITION OF CHARGING FEES.—
No fee shall be charged for the filing or proc-
essing of any application under this paragraph
or the first application for work authorization
filed by applicants under this paragraph.’’.
(3) SUSPENSION
OF
DEPORTATION.—No fee
shall be charged for the filing or processing of any
application under section 244(a)(3) of the Immigra-
tion and Nationality Act (as in effect before the date
of enactment of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996) (8 U.S.C.
1254(a)(3)), or the first application for work author-
ization filed by applicants under such section.
128
(d) ACCESS TO FOOD STAMPS AND SSI FOR QUALI-
FIED BATTERED ALIENS.—Section 402(a)(2) of the Per-
sonal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding
at the end the following:
‘‘(L) EXCEPTION FOR CERTAIN BATTERED
ALIENS.—With respect to eligibility for benefits
for the specified Federal program (as defined in
paragraph (3)), paragraph (1) shall not apply
to any individual described in section 431(c).’’.
(e) EXEMPTION FROM 5-YEAR BAN.—Section 403(b)
of the Personal Responsibility and Work Opportunity Act
of 1996 (8 U.S.C. 1613(b)) is amended by adding at the
end the following:
‘‘(3) BATTERED
IMMIGRANTS.—An alien de-
scribed in section 431(c).’’.
(f) ACCESS TO HOUSING FOR BATTERED WOMEN
AND QUALIFIED IMMIGRANTS.—(1) Section 214 of the
Housing and Community Development Act of 1980 (42
U.S.C. 1436a) is amended—
(A) in subsection (a), in the matter before para-
graph (1), by striking ‘‘a resident of the United
States and is’’;
129
(B) in paragraphs (1) through (6) of subsection
(a), by inserting ‘‘a resident of the United States
and is’’ before ‘‘an alien’’ each place it appears;
(C) in subsection (a)(5), by striking ‘‘or’’ at the
end;
(D) in subsection (a)(6), by striking the period
and inserting ‘‘; or’’;
(E) by adding at the end of subsection (a) the
following new paragraph:
‘‘(7) a qualified alien as described in section
431 of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641).’’;
(F) in subsection (b)(2), by adding at the end
the following: ‘‘Proration shall not apply in the case
of a qualified alien as described in section 431 of the
Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1641).’’;
(G) in subsection (c)(1)(A), by adding at the
end the following: ‘‘Proration shall not apply in the
case of a qualified alien as described in section 431
of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641).’’;
(H) in subsection (c)(1)(A), by striking ‘‘para-
graphs (1) through (6)’’ and inserting ‘‘paragraphs
(1) through (7)’’;
130
(I) in subsection (c)(2)(A), by inserting ‘‘(other
than a qualified alien as described in section 431(c)
of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)))’’ after ‘‘any alien’’; and
(J) in subsection (d)(1)(B), by inserting before
the period ‘‘, including a qualified alien as described
in section 431 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641)’’.
(2) Section 401 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1611) is amended by adding at the end the following new
subsection:
‘‘(d) ACCESS TO SHELTER AND SERVICES FOR BAT-
TERED IMMIGRANTS.—Notwithstanding any other provi-
sion of law, no private, government, or nonprofit organiza-
tion providing shelter or services to battered women,
abused children, or providing any other services listed in
subsection (b) that receives any Federal funds shall deny,
restrict, or condition assistance to any applicant based on
alienage.’’.
(g) CLARIFYING WELFARE REPORTING REQUIRE-
MENTS FOR BENEFIT APPLICANTS.—The Social Security
Act (42 U.S.C. 301 et seq.) is amended—
131
(1) in section 411(a)(1) (42 U.S.C. 611(a)(1)),
by adding at the end the following new subpara-
graph:
‘‘(C) INFORMATION ON IMMIGRATION STA-
TUS.—Collection of information about, and in-
quiries into, the immigration status of an indi-
vidual who is a parent applying on behalf of his
or her child who is a United States citizen or
a qualified alien (as defined in section 431 of
the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996) for assist-
ance under the State program funded under
this part, shall not be made if the individual is
not applying for benefits for themselves, wheth-
er or not the individual is determined, under
Federal or State law, to be part of a family unit
receiving assistance under that program.’’; and
(2) 
in 
section 
1631(e)(9) 
(42 
U.S.C.
1383(e)(9)), by adding at the end the following:
‘‘Collection of information about, and inquiries into,
the immigration status of an individual who is a par-
ent applying on behalf of his or her child who is a
United States citizen or a qualified alien (as defined
in section 431 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996) for
132
benefits under this title (or for benefits supple-
mented by a State with an agreement under section
1616), shall not be made if the individual is not ap-
plying for benefits for themselves, whether or not the
individual is determined, under Federal or State law,
to be part of a family unit receiving such benefits.’’.
(h) CONFORMING DEFINITION OF ‘‘FAMILY’’ USED
IN LAWS GRANTING WELFARE ACCESS FOR BATTERED
IMMIGRANTS TO STATE FAMILY LAW.—Section 431(c) of
the Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1641(c)) is amended—
(1) in paragraph (1)(A), by striking ‘‘by a
spouse or a parent, or by a member of the spouse
or parent’s family residing in the same household as
the alien and the spouse or parent consented to, or
acquiesced in, such battery or cruelty,’’ and insert-
ing ‘‘by a spouse or parent, or by any individual hav-
ing a relationship with the alien covered by the civil
or criminal domestic violence statutes of the State or
Indian country where the alien resides, or the State
or Indian country in which the alien, the alien’s
child, or the alien child’s parents received a protec-
tion order, or by any individual against whom the
alien could obtain a protection order,’’; and
133
(2) in paragraph (2)(A), by striking ‘‘by a
spouse or parent of the alien (without the active par-
ticipation of the alien in the battery or cruelty), or
by a member of the spouse or parent’s family resid-
ing in the same household as the alien and the
spouse or parent consented or acquiesced to such
battery or cruelty,’’ and inserting ‘‘by a spouse or
parent of the alien (without the active participation
of the alien in the battery or cruelty) or by any per-
son having a relationship with the alien covered by
the civil or criminal domestic violence statutes of the
State or Indian country where the alien resides, or
the State or Indian country in which the alien, the
alien’s child or the alien child’s parent received a
protection order, or by any individual against whom
the alien could obtain a protection order,’’.
(i) EXPANSION OF DEFINITION OF BATTERED IMMI-
GRANTS.—
(1) IN GENERAL.—Section 431(c) of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1641(c)) is
amended—
(A) in paragraphs (1)(A), (2)(A), and
(3)(A) by inserting ‘‘or the benefits to be pro-
vided would alleviate the harm from such bat-
134
tery or cruelty or would enable the alien to
avoid such battery or cruelty in the future’’ be-
fore the semicolon; and
(B) in the matter following paragraph (3),
by inserting ‘‘and for determining whether the
benefits to be provided under a specific Federal,
State, or local program would alleviate the
harm from such battery or extreme cruelty or
would enable the alien to avoid such battery or
extreme cruelty in the future’’ before the pe-
riod.
(2) CONFORMING
AMENDMENT
REGARDING
SPONSOR DEEMING.—Section 421(f) of such Act (8
U.S.C. 1631(f)(1)) is amended—
(A) in subparagraph (A), by inserting ‘‘or
would alleviate the harm from such battery or
extreme cruelty, or would enable the alien to
avoid such battery or extreme cruelty in the fu-
ture’’ before the semicolon; and
(B) in subparagraph (B), by inserting ‘‘or
would alleviate the harm from such battery or
extreme cruelty, or would enable the alien to
avoid such battery or extreme cruelty in the fu-
ture’’ before the period.
135
(j) ENSURING THAT BATTERED IMMIGRANTS HAVE
ACCESS TO FOOD STAMPS AND SSI.—
(1) QUALIFYING QUARTERS.—Section 435(2) of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1645(2)) is
amended by striking ‘‘and the alien remains married
to such spouse or such spouse is deceased’’ and in-
serting ‘‘if such spouse is deceased or if the alien re-
mains married to such spouse (except that qualified
aliens covered by section 431(c) may continue after
divorce to count the qualifying quarters worked by
their spouse during the marriage)’’.
(2) FOOD STAMPS ACCESS FOR BATTERED IM-
MIGRANT
QUALIFIED
ALIENS
AND
THEIR
CHIL-
DREN.—Section 7 of the Food Stamp Act of 1977
(7 U.S.C. 2016) is amended by adding at the end
the following:
‘‘(k) BATTERED IMMIGRANT QUALIFIED ALIEN ELI-
GIBILITY FOR FOOD STAMPS.—Qualified alien battered
immigrants under section 431(c) of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996
and their children are eligible to receive food stamps.’’.
(k) TECHNICAL CORRECTIONS TO QUALIFIED ALIEN
DEFINITION
FOR
BATTERED
IMMIGRANTS.—Section
431(c)(1)(B) of the Personal Responsibility and Work Op-
136
portunity 
Reconciliation 
Act 
of 
1996 
(8 
U.S.C.
1641(c)(1)(B)) is amended—
(1) in clause (i), by striking ‘‘clause (ii), (iii),
or (iv)’’ and inserting ‘‘clause (ii), (iii), (iv), (v), or
(vi)’’;
(2) in clause (ii), by striking ‘‘clause (ii) or
(iii)’’ and inserting ‘‘clause (i), (ii), (iii), or (iv)’’;
and
(3) by amending clause (iii) to read as follows:
‘‘(iii) suspension of deportation under
section 244(a)(3) of the Immigration and
Nationality Act (as in effect before the
date of the enactment of the Illegal Immi-
gration Reform and Immigrant Responsi-
bility Act of 1996).’’.
SEC. 610. ACCESS TO LEGAL REPRESENTATION AND SERV-
ICES FOR BATTERED IMMIGRANTS.
(a) CONSTRUCTION.—Section 502 of the Depart-
ments of Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriations Act, 1998 (Public Law
105–119; 111 Stat. 2511) is amended by adding at the
end the following:
‘‘(c) CONSTRUCTION.—This section shall not be con-
strued to prohibit a recipient from—
137
‘‘(1) using funds derived from a source other
than the Legal Services Corporation to provide re-
lated legal assistance (as that term is defined in sub-
section (b)(2)) to any alien who has been battered
or subjected to extreme cruelty by a person with
whom the alien has a relationship covered by the do-
mestic violence laws of the State in which the alien
resides or in which an incidence of violence occurred;
‘‘(2) using Legal Services Corporation funds to
provide related legal assistance to any alien who has
been battered or subjected to extreme cruelty who
qualifies for classification under clause (iii), (iv), (v),
or (vi) of section 204(a)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(A)),
clause (ii), (iii), or (iv) of section 204(a)(1)(B) of
such Act (8 U.S.C. 1154(a)(1)(B)), or subsection
(b)(2) of section 240A of such Act (8 U.S.C. 1229b)
or section 244(a)(3) of the Immigration and Nation-
ality Act (as in effect before the title III–A effective
date in section 309 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8
U.S.C. 1101 note).’’.
(b) 
LAW
ENFORCEMENT
AND
PROSECUTION
GRANTS.—
138
(1) Section 2001(b)(5) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C.
3796bb(b)(5)) is amended—
(A) by striking ‘‘to racial, cultural, ethnic,
and language minorities’’ and inserting ‘‘to un-
derserved populations’’; and
(B) by inserting ‘‘providing immigration
assistance to victims of domestic violence,’’
after ‘‘protection orders are granted,’’.
(2) Section 2002 of such Act (42 U.S.C.
3796gg) is amended—
(A) in subsection (h)(1), by inserting be-
fore the period the following: ‘‘, the demo-
graphics of underserved populations in the
State and details about the percentage of fund-
ing that went to serve which underserved popu-
lations, the programs that received such fund-
ing, and the involvement of programs serving
underserved populations in the development of
the State plan under subsection (c)(2)’’;
(B) in subsection (d)(1)(D), by striking
‘‘age, marital status, disability, race, ethnicity
and language background’’ and inserting ‘‘mar-
ital status and characteristics of any under-
served populations’’;
139
(C) in subsection (d)—
(i) by striking ‘‘and’’ at the end of
paragraph (2),
(ii) by striking the period at the end
of paragraph (3) and inserting ‘‘; and’’,
and
(iii) by adding at the end the fol-
lowing:
‘‘(4) in the case of a State, Indian tribal gov-
ernment, or unit of local governments applying as
subgrantee for a grant under this section, a certifi-
cation that its laws or official policies comply with
each of the provisions of section 2101(c).
The requirements of paragraph (4) do not apply to a non-
profit, nongovernmental entity that is applying for grants
under this section.’’; and
(D) by adding at the end the following new
subsection:
‘‘(i) REPORT ON SERVICES FOR UNDERSERVED POP-
ULATIONS.—The Violence Against Women Grants Office
in the Department of Justice shall submit to Congress,
not later than 1 year after the date of the enactment of
this subsection, a report that contains the following infor-
mation:
141
programs with experience and history working with
underserved populations of battered women or sexual
assault victims, to programs that have bilingual or
bicultural staff, and to collaborations between do-
mestic violence or sexual assault programs and pro-
grams experienced in serving particular underserved
populations and to other grantees.
‘‘(4) The extent to which nonprofit, nongovern-
mental victim service organizations with experience
serving various underserved populations of battered
women and sexual assault or stalking victims were
consulted in the development of the State plan under
section 2001(c)(2), the application under section
2102(a)(4), or the community cooperation referred
to in section 40295(a)(3) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (Public Law
103–322, 42 U.S.C. 13971(a)(3)).’’.
(3) Section 2003(7) of such Act (42 U.S.C.
3796gg–2(7)) is amended to read as follows:
‘‘(7) the term ‘underserved populations’ in-
cludes populations underserved because of race, eth-
nicity, age, disability, sexual orientation, religion,
alienage status, geographic location (including rural
isolation), language barriers, and any other popu-
142
lations determined to be underserved in the State
planning process; and’’.
(4) Section 2004(b)(3) of such Act (42 U.S.C.
3796gg–3(b)(3)) is amended by striking all that fol-
lows ‘‘relationship of victim to the offender’’ and in-
serting ‘‘and the membership of persons served in
any underserved populations; and’’.
(c) GRANTS TO ENCOURAGE ARRESTS.—
(1) Section 2101 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796hh)
is amended—
(A) in subsection (b)(5), by inserting be-
fore the period the following: ‘‘, including
strengthening legal advocacy for domestic vio-
lence victims in immigration cases’’;
(B) in subsection (c)—
(i) by striking ‘‘and’’ at the end of
paragraph (3);
(ii) by striking the period at the end
of paragraph (4) and inserting a semi-
colon; and
(iii) by adding at the end the fol-
lowing new paragraphs:
‘‘(5) certify that their laws, policies, and prac-
tices require issuance of protection orders that are
143
jurisdictionally sound and that all protection orders
are issued after a finding, after an admission by the
abuser, or based on the facts in the victim’s petition
that are uncontested by the abuser; and
‘‘(6) certify that their laws, policies, and
practices—
‘‘(A) keep locational information and serv-
ices provided to victims of domestic violence
confidential and comply with all State and Fed-
eral laws and rules of professional practice re-
garding confidentiality;
‘‘(B) guarantee that information is not re-
leased to any person without the express per-
mission of the abuse victim, except when such
information is required for a legitimate law en-
forcement purpose unrelated to the victim’s
abuser; and
‘‘(C) assure that locational information
about a victim or the services obtained by a vic-
tim are not considered a matter of public
record.’’; and
(C) by adding at the end the following new
subsection:
‘‘(d) ADDITIONAL PROVISIONS.—(1) The require-
ments of subsection (c) do not apply to nonprofit, non-
144
governmental entities applying for grants under this sec-
tion.
‘‘(2) All grantees and subgrantees of grants in effect
on the date of the enactment of this subsection or submit-
ting new applications for funding after such date that are
States, Indian tribal governments, or units of local govern-
ment shall submit a certification by the chief executive of-
ficer of the State, tribal government, or local government
entity that the conditions of subsections (c)(5) and (c)(6)
are met (or will be met) not later than the date on which
the next session of the State or Indian tribal legislature
ends, but in no case later than 2 years after such date
of enactment.
‘‘(3) Failure by a grantee to comply with the certifi-
cations contained in paragraphs (1) thorough (6) of sub-
section (c) may result in suspension or revocation of fund-
ing. Once a grantee or subgrantee has been notified that
its funding will be revoked, they shall be granted 6 months
to bring their laws, policies, or practices into compliance
before the revocation takes effect. Any funds that are not
distributed to grantees or are removed from grantees
under this paragraph shall be distributed to other eligible
entities within the State. For grants under section 2002,
the funds are to be redistributed first to entities within
the same formula category and then, if there are no eligi-
145
ble entities within the same formula category, to other eli-
gible entities without regard to the formula.’’.
(2) Section 2103 of such Act (42 U.S.C.
3796hh–2) is amended by adding at the end the fol-
lowing: ‘‘Each report shall include information about
the demographics of underserved populations in the
State and details about the percentage of funding
that went to serve which underserved populations,
the programs that received such funding, and the in-
volvement of programs serving underserved popu-
lations in the community participation described in
section 2102(a)(4).’’.
(d) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT GRANTS.—Section 40295 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103–322, 108 Stat. 1953, 42 U.S.C. 13971(aa)(2))
is amended—
(1) by amending subsection (a)(2) to read as
follows:
‘‘(2) to provide treatment, counseling, and legal
assistance to victims of domestic violence and child
abuse, including assistance to victims in immigration
matters; and’’; and
(2) by adding at the end the following new sub-
sections:
146
‘‘(d) APPLICATION REQUIREMENTS.—States, Indian
tribal governments, and units of local government apply-
ing for grants under this section must certify that their
laws, policies, and practices comply with each of the provi-
sions of section 2101(c) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)).
‘‘(e) GRANTEE REPORTING.—Upon completion of the
grant period under this part, a State or Indian tribal
grantee shall file a performance report with the Attorney
General. The report shall explain the activities carried out
and shall evaluate the effectiveness of projects developed
with the funds provided under the grant. The report shall
include information about the demographics of under-
served populations in the State and details about the per-
centage of funding that went to serve which underserved
populations, the programs that received such funding, and
the involvement of programs serving underserved popu-
lations in the community cooperation in subsection
(a)(3).’’,
(e) FAMILY VIOLENCE PREVENTION AND SERVICES
ACT.—
(1) Section 303(a)(2)(C) of the Family Violence
Prevention 
and 
Services 
Act 
(42 
U.S.C.
10402(c)(2)(C)) is amended by striking ‘‘populations
underserved because of ethnic, racial, cultural, lan-
149
involved in the procedures described in subsection
(a)(2)(C).’’.
(f) CIVIL LEGAL ASSISTANCE.—Title I of the De-
partment of Justice Appropriations Act, 1999 (contained
within the Omnibus Consolidated and Emergency Supple-
mental Appropriations Act of 1999 (Public Law 105–
277)) is amended, under the heading of ‘‘Office of Justice
Programs, State and Local Law Enforcement Assistance’’,
by striking the period at the end and inserting the fol-
lowing: ‘‘, of which $206,750,000 shall be available for
Grants to Combat Violence Against Women, to States,
units of local government, and Indian tribal governments,
as authorized by section 1001(a)(18) of said Act, includ-
ing $23,000,000 which shall be used exclusively for the
purpose of strengthening civil legal assistance programs
for victims of domestic violence. Civil legal assistance
under this heading includes (but is not limited to) legal
assistance to victims of domestic violence, stalking or sex-
ual assault in divorce, custody, child support, protection
orders, immigration, public benefits, housing, consumer
law and any other legal matter that will further the health,
safety, and economic well-being of victims of domestic vio-
lence, stalking, or sexual assault.’’.
150
(g) CAMPUS DOMESTIC VIOLENCE GRANTS.—Section
826 of the Higher Education Amendments of 1998 (Pub-
lic Law 105–244; 20 U.S.C. 1152) is amended—
(1) in subsection (b)(5), by inserting before the
period at the end the following: ‘‘, including legal as-
sistance to victims in civil, criminal, administrative,
immigration, or disciplinary matters’’; and
(2) in subsection (c)(2)(C), by striking ‘‘and
number of students’’ and inserting ‘‘number of stu-
dents, and services being offered to various under-
served populations (as such term is defined in sec-
tion 2003(7) of the Omnibus Crime Control and
Safe Streets Act of 1968);’’.
(h) STATE JUSTICE INSTITUTE GRANTS.—Section
206(c) of the State Justice Institute Act of 1984 (42
U.S.C. 10705(c)) is amended—
(1) by redesignating paragraph (15) as para-
graph (16); and
(2) by inserting after paragraph (14) the fol-
lowing new paragraph:
‘‘(15) to support studies and investigate and
carry out research on issues of battering and ex-
treme cruelty against non-citizens, including the
ramifications of the immigration provisions of the
Violence Against Women Act of 1994 and subse-
151
quent immigration law reforms on the ability of vic-
tims to access civil, family, and criminal courts and
the immigration consequences of civil, family, and
criminal court actions; and’’.
SEC. 611. VIOLENCE AGAINST WOMEN ACT TRAINING FOR
INS OFFICERS, IMMIGRATION JUDGES, AND
CIVIL AND CRIMINAL COURT JUSTICE SYS-
TEM PERSONNEL.
(a) VIOLENCE AGAINST WOMEN.—
(1) MILITARY TRAINING CONCERNING DOMES-
TIC VIOLENCE.—The Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
is amended by inserting after section 2006 (42
U.S.C. 3796gg–5) the following new section:
‘‘SEC. 2007. MILITARY TRAINING CONCERNING DOMESTIC
VIOLENCE.
‘‘Each branch of the United States military is re-
quired to train its supervisory military officers on domestic
violence, the dynamics of domestic violence in military
families, the types of protection available for battered im-
migrant women and children abused by their United
States citizen or lawful permanent resident spouse or par-
ent under the Violence Against Women Act of 1994, and
the problems of domestic violence in families in which a
United States citizen or lawful permanent resident mem-
152
ber of the military is married to a non-United States cit-
izen.’’.
(2) INS TRAINING.—Section 2001 of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3795gg) is amended—
(A) in subsection (a), by inserting ‘‘the Im-
migration and Naturalization Service and the
Executive Office of Immigration Review,’’ after
‘‘Indian tribal governments,’’;
(B) in subsection (b)(1), by inserting ‘‘,
immigration and asylum officers, immigration
judges,’’ after ‘‘law enforcement officers’’; and
(C) in subsection (b)—
(i) by striking ‘‘and’’ at the end of
paragraph (6),
(ii) by striking the period at the end
of paragraph (7) and inserting ‘‘; and’’,
and
(iii) by adding at the end the fol-
lowing new paragraph:
‘‘(8) training justice system personnel on the
immigration provisions of the Violence Against
Women Act of 1994 and their ramifications for vic-
tims of domestic violence appearing in civil and
criminal court proceedings and potential immigra-
153
tion consequences for the perpetrators of domestic
violence.’’.
(b) EFFECT ON OTHER GOALS.—Section 287(g) (8
U.S.C. 1357(g)) is amended by adding at the end the fol-
lowing:
‘‘(11) Congress finds that public policy favors encour-
aging the prosecution of criminals; and therefore, nothing
in this section may be construed to discourage crime vic-
tims, including domestic violence victims, from cooper-
ating with law enforcement officials and prosecutors, in-
cluding reporting of crimes committed against them to po-
lice, from cooperating in criminal prosecutions, or from
seeking from courts protection orders or other legal relief
available under State or Federal laws needed to protect
crime victims from ongoing violence.’’.
(c) REPORT.—Not later than 6 months after the date
of the enactment of this Act, the Attorney General shall
submit a report to the Committees on the Judiciary of
the Senate and House of Representatives on—
(1) the number of and processing times for pe-
titions under clauses (iii) and (iv) of section
204(a)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)(A)) and under clauses (ii)
and (iii) of section 204(a)(1)(B) of such Act (8
U.S.C. 1154(a)(1)(B)) at district offices of the Im-
154
migration and Naturalization Service and at the re-
gional office of the Service in St. Albans, Vermont;
(2) the policy and procedures of the Immigra-
tion and Naturalization Service by which an alien
who has been battered or subjected to extreme cru-
elty who is eligible for suspension of deportation or
cancellation of removal can place such alien in de-
portation or removal proceedings so that such alien
may apply for suspension of deportation or cancella-
tion of removal, the number of requests filed at each
district office under this policy, and the number of
these requests granted, reported separately for each
district; and
(3) the average length of time at each Immigra-
tion and Naturalization office between the date that
an alien who has been subject to battering or ex-
treme cruelty eligible for suspension of deportation
or cancellation of removal requests to be placed in
deportation or removal proceedings and the date
that immigrant appears before an immigration judge
to file an application for suspension of deportation
or cancellation of removal.
SEC. 612. PROTECTION FOR CERTAIN CRIME VICTIMS IN-
CLUDING CRIMES AGAINST WOMEN.
(a) FINDINGS AND PURPOSE.—
155
(1) FINDINGS.—
(A) Trafficking of humans, particularly
women and children, is denounced by the inter-
national community as an egregious human
rights violation perpetuated increasingly by or-
ganized and sophisticated criminal enterprises.
(B) Trafficking to place persons in forced
labor, servitude, or in slavery-like conditions
has been identified as a multinational crime
problem of growing severity with increasing ties
to internal organized crime. Traffickers recruit
and transport persons, especially women and
children, to the United States in order to ex-
ploit them under horrific conditions through the
use of force, violence, debt bondage, or other co-
ercive tactics.
(C) Similarly, immigrant women and chil-
dren are often targeted to be victims of crimes
committed against them in the United States,
including rape, torture, incest, battery or ex-
treme cruelty, sexual assault, female genital
mutilation, forced prostitution, being held hos-
tage or other violent crimes. All women and
children who are victims of trafficking, domestic
violence, sexual assault, being held hostage, and
156
other 
human 
rights 
violations 
committed
against them in the United States must be able
to report these crimes to law enforcement and
fully participate in the criminal prosecution of
their abusers.
(2) PURPOSE.—
(A) The purpose of this section is to create
a new nonimmigrant visa classification that will
strengthen the ability of law enforcement agen-
cies to detect, investigate, and prosecute cases
of trafficking of aliens, while offering protection
to victims of such offenses in keeping with the
humanitarian interests of the United States.
(B) Creating a new nonimmigrant visa
classification will facilitate the reporting of vio-
lations to law enforcement officials by exploited
aliens who are not in a lawful immigration sta-
tus. It also gives law enforcement officials a
means to regularize the status of cooperating
individuals during investigations, prosecutions,
and civil law enforcement proceedings. By pro-
viding temporary legal status to aliens who have
been severely victimized by trafficking or simi-
lar egregious offenses, it also reflects the hu-
manitarian interests of the United States.
157
(C) Finally, this section gives the Attorney
General 
discretion 
to 
convert 
such 
non-
immigrants to permanent resident status when
it is justified on humanitarian grounds, to as-
sure family unity, or when it is otherwise in the
public interest.
(b) ESTABLISHMENT OF HUMANITARIAN/MATERIAL
WITNESS
NONIMMIGRANT
CLASSIFICATION.—Section
101(a)(15) (8 U.S.C. 1101(a)(15)), as amended by section
301(a), is further amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(S);
(2) by striking the period at the end of sub-
paragraph (T) and inserting ‘‘; or’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(U) subject to section 214(o), an alien (and
the spouse, children, and parents of the alien if ac-
companying or following to join the alien) who files
an application for status under this subparagraph, if
the Attorney General determines that—
‘‘(i) the alien possesses material informa-
tion concerning criminal or other unlawful ac-
tivity;
158
‘‘(ii) the alien is willing to supply or has
supplied such information to Federal or State
law enforcement officials or a Federal or State
administrative agency investigating or bringing
an enforcement action;
‘‘(iii) the alien would be helpful, were the
alien to remain in the United States, to a Fed-
eral or State investigation or prosecution of
criminal or other unlawful activity; and
‘‘(iv) the alien (or a child of the alien) has
suffered substantial physical or mental abuse as
a result of the criminal or other unlawful activ-
ity.’’.
(c) CONDITIONS FOR ADMISSION.—
(1) NUMERICAL LIMITATIONS, PERIOD OF AD-
MISSION, ETC.—Section 214 (8 U.S.C. 1184), as
amended by section 132, is further amended by add-
ing at the end the following new subsection:
‘‘(o)(1) The number of aliens who may be provided
a visa as nonimmigrants under section 101(a)(15)(U) in
any fiscal year may not exceed 2,000.
‘‘(2) The period of admission of an alien as such a
nonimmigrant may not exceed 3 years and such period
may not be extended.
159
‘‘(3) As a condition for the admission (or the provi-
sion of status), and continued stay in lawful status, of an
alien as such a nonimmigrant, the alien—
‘‘(A) may not be convicted of any criminal of-
fense punishable by a term of imprisonment of 1
year or more after the date of such admission (or
obtaining such status); and
‘‘(B) shall abide by any other condition, limita-
tion, or restriction imposed by the Attorney General.
‘‘(4) The provisions of section 204(a)(1)(H) shall
apply to applications to obtain nonimmigrant status under
section 101(a)(15)(U). Credible evidence to meet the con-
ditions described in clauses (i), (ii), or (iii) of section
101(a)(15)(U) may include certification from a Federal
or State law enforcement officer or prosecutor or a Fed-
eral or State official responsible for bringing enforcement
actions that the alien is willing to cooperate or has cooper-
ated in a criminal or civil court action or investigation or
Federal or State administrative agency enforcement action
or investigation.’’.
(2) 
PROHIBITION
OF
CHANGE
OF
NON-
IMMIGRANT
CLASSIFICATION.—Section 248(1) (8
U.S.C. 1258(1)) is amended by striking ‘‘or (S)’’
and inserting ‘‘(S), or (U)’’.
160
(d) ADJUSTMENT TO PERMANENT RESIDENT STA-
TUS.—
(1) IN GENERAL.—Section 245 (8 U.S.C. 1255)
is amended by adding at the end the following new
subsection:
‘‘(l)(1) The Attorney General may adjust the status
of an alien admitted into the United States (or otherwise
provided 
nonimmigrant 
status) 
under 
section
101(a)(15)(U) (and a spouse, child, or parents admitted
under such section) to that of an alien lawfully admitted
for permanent residence if—
‘‘(A) in the opinion of the Attorney General, the
alien’s continued presence in the United States is
justified on humanitarian grounds, to assure family
unity, or is otherwise in the public interest; and
‘‘(B) the alien is not described in subparagraph
(A)(i)(I), (A)(ii), (A)(iii), (C), or (E) of section
212(a)(3).
‘‘(2) When an alien is granted the status of having
been lawfully admitted for permanent residence pursuant
to this section, the Secretary of State shall not be required
to reduce the number of immigrant visas authorized to be
issued under any provision of this Act.’’.
(2) EXCLUSIVE MEANS OF ADJUSTMENT.—Sec-
tion 245(c)(5) (8 U.S.C. 1255(c)(5)) is amended by
161
striking ‘‘sections 101(a)(15)(S),’’ and inserting
‘‘subparagraph (S) or (U) of section 101(a)(15)’’.
SEC. 613. ACCESS TO CUBAN ADJUSTMENT FOR BATTERED
IMMIGRANT SPOUSES AND CHILDREN.
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 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)
of the Immigration and Nationality Act.’’.
SEC. 614. ACCESS TO THE NICARAGUAN AND CENTRAL
AMERICAN 
RELIEF 
ACT 
FOR 
BATTERED
SPOUSES AND CHILDREN.
Section 309(c)(5)(C)(i) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, as
amended by section 203(a)(1) of the Nicaraguan Adjust-
ment and Central American Relief Act (title II of Public
Law 105–100, 111 Stat. 2196), is amended—
162
(1) by striking ‘‘or’’ at the end of subclause
(IV);
(2) by striking the period at the end of sub-
clause (V) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(VI) is, at the time of filing of
an application under subclause (I),
(II), (V), or (VI) of this clause, the
spouse or child (as defined in para-
graph (1) or (6) of section 101(b) of
the Immigration and Nationality Act,
8 U.S.C. 1101(b)) of an individual de-
scribed in subclause (I), (II) or (V) of
this clause 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); or
‘‘(VII) is, at the time of filing of
an application under subclause (I),
(II), (V), or (VII) of this clause. the
unmarried son or daughter of an indi-
vidual described in subclause (I), (II)
or (V) of this clause who has been
battered or subjected to extreme cru-
163
elty by the parent described in sub-
clause (I), (II), or (V) and, in the case
of a son or daughter who is 21 years
of age or older at the time the deci-
sion is rendered to suspend the depor-
tation or cancel the removal of the son
or daughter, the son or daughter must
have entered the United States on or
before October 1, 1990.
In acting on a petition filed under sub-
clause (VI) or (VII), the provisions set
forth in section 204(a)(1)(H) of the Immi-
gration and Nationality Act (8 U.S.C.
1154(a)(1)(H)) shall apply.’’.
SEC. 615. ACCESS TO THE HAITIAN REFUGEE IMMIGRATION
FAIRNESS 
ACT 
OF 
1998 
FOR 
BATTERED
SPOUSES AND CHILDREN.
Section 902(d)(1) of the Haitian Refugee Immigra-
tion Fairness Act of 1998 (title IX of the Treasury and
General Government Appropriations Act, 1999, contained
in Public Law 105–277) is amended—
(1) by amending subparagraph (B) to read as
follows:
‘‘(B)(i)(I) the alien is the spouse, child, or
unmarried son or daughter, of an alien whose
164
status is adjusted to that of an alien lawfully
admitted for permanent residence under sub-
section (a), or (II) at the time of filing of the
application for adjustment of status under sub-
section (a) or this subsection the alien is the
spouse, child, or unmarried son or daughter of
an alien whose status is adjusted to that of an
alien lawfully admitted for permanent residence
under subsection (a) and the spouse, child, son,
daughter or child of the spouse has been bat-
tered or subjected to extreme cruelty by the in-
dividual described in subsection (a); and
‘‘(ii) in the case of such an unmarried son
or daughter, the son or daughter shall be re-
quired to establish that he or she has been
physically present in the United States for a
continuous period beginning not later than De-
cember 31, 1995, and ending not earlier than
the date the application for such adjustment is
filed;’’; and
(2) by adding after and below subparagraph
(D) the following:
‘‘In acting on an application filed under this section
for 
an 
individual 
described 
in 
subparagraph
(B)(i)(II), the provisions set forth in section
165
204(a)(1)(H) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)(H)) shall apply.’’.
TITLE 
VII—UNUSED 
EMPLOY-
MENT-BASED 
IMMIGRANT
VISAS
SEC. 701. RECAPTURE OF UNUSED EMPLOYMENT-BASED
IMMIGRANT VISAS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the number of employment-based visas (as de-
fined in subsection (c)) made available for a fiscal year
(beginning with fiscal year 2001) shall be increased by the
number described in subsection (b). Visas made available
under this section shall only be available in a fiscal year
to employment-based immigrants under paragraph (1),
(2), or (3) of section 203(b) of the Immigration and Na-
tionality Act.
(b) NUMBER AVAILABLE.—
(1) IN GENERAL.—Subject to paragraph (2),
the number described in this subsection is the dif-
ference between the number of employment-based
visas that were made available in fiscal year 1999
and 2000 and the number of such visas that were
actually used in such fiscal years.
(2) REDUCTION.—The number described in
paragraph (1) shall be reduced, for each fiscal year
166
after fiscal year 2001, by the cumulative number of
immigrant visas made available under subsection (a)
for previous fiscal years.
(3) CONSTRUCTION.—Nothing in this sub-
section shall be construed as affecting the applica-
tion of section 201(c)(3)(C) of the Immigration and
Nationality Act (8 U.S.C. 1151(c)(3)(C)).
(c) EMPLOYMENT-BASED
VISAS
DEFINED.—For
purposes of this section, the term ‘‘employment-based
visa’’ means an immigrant visa which is issued pursuant
to the numerical limitation under section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)).
TITLE VIII—MISCELLANEOUS
PROVISIONS
SEC. 801. TECHNICAL AND CONFORMING CHANGE CON-
CERNING BOARD OF IMMIGRATION APPEALS.
(a) DELEGATION OF POWERS AND DUTIES OF AT-
TORNEY GENERAL TO BOARD.—Section 103(a) (8 U.S.C.
1103(a)) is amended—
(1) by redesignating the second paragraph (8)
and paragraph (9) as paragraphs (9) and (10), re-
spectively; and
(2) by adding at the end the following:
‘‘(11) The United States Board of Immigration Ap-
peals of the Department of Justice shall be charged with
167
any and all responsibilities and authority in the adminis-
tration of this title or title II which are conferred upon
the Attorney General as may be delegated to the Board
by the Attorney General or which may be prescribed by
the Attorney General.’’.
(b) DEFINITIONS.—Section 101(b)(4) (8 U.S.C.
1101(b)(4)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(4)’’; and
(2) by adding at the end the following:
‘‘(B) The term ‘United States appellate immigration
judge’ means an attorney whom the Attorney General ap-
points as a member of the United States Board of Immi-
gration Appeals within the Executive Office for Immigra-
tion Review, qualified to conduct specified classes of appel-
late proceedings. A United States appellate immigration
judge shall be subject to such supervision and shall per-
form such duties as the Attorney General shall prescribe,
but shall not be employed by the Immigration and Natu-
ralization Service.’’.
SEC. 802. LIMITING FORFEITURE FOR CERTAIN ASSETS
USED TO VIOLATE INA WHERE THERE WAS
NO COMMERCIAL GAIN.
Section 274(b)(1) (8 U.S.C. 1324(b)(1)) is amended
by inserting ‘‘for the purpose of commercial advantage or
private financial gain’’ after ‘‘subsection (a)’’.
168
SEC. 803. ELIMINATION OF BAN ON STATE AND LOCAL GOV-
ERNMENTS FROM PREVENTING COMMUNICA-
TIONS WITH THE INS.
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373) is repealed.
(b) VERIFICATION OF ELIGIBILITY FOR FEDERAL
PUBLIC BENEFITS.—Section 432 of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1642) is repealed.
SEC. 804. ELIMINATION OF AUTHORITY TO PERMIT STATE
PERSONNEL TO CARRY OUT IMMIGRATION
OFFICER FUNCTIONS.
Section 287(g) (8 U.S.C. 1357(g)) is repealed.
SEC. 805. PAROLE AUTHORITY.
Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) is
amended by striking ‘‘only on a case-by-case basis for ur-
gent humanitarian reasons or significant public benefit’’
and inserting ‘‘for emergent reasons or for reasons deemed
strictly in the public interest’’.
SEC. 806. ENHANCED BORDER PATROL RECRUITMENT AND
RETENTION.
(a) IN GENERAL.—
(1) GS–11 CLASSIFICATION.—Any Border Pa-
trol agent classified as a GS–1896 position who
completes a 1-year period of service at a GS–9 grade
169
and whose current rating of record is fully successful
or higher shall be classified at a GS–11 grade and
receive pay at the minimum rate of basic pay for a
GS–11 position.
(2) NONREDUCTION.—Paragraph (1) shall not
be construed to—
(A) limit or reduce the rate of pay of any
Border Patrol agent; or
(B) reclassify a Border Patrol agent at a
lower classification of position.
(b) OFFICE OF BORDER PATROL RECRUITMENT AND
RETENTION.—
(1) ESTABLISHMENT.—Not later than 90 days
after the date of enactment of this Act, the Commis-
sioner of the Immigration and Naturalization Serv-
ice shall establish an Office of Border Patrol Re-
cruitment and Retention within the Immigration and
Naturalization Service.
(2) FUNCTIONS.—The Office of Border Patrol
Recruitment and Retention shall—
(A) develop outreach programs to identify
and recruit prospective Border Patrol agents;
(B) develop programs to retain Border Pa-
trol agents; and
170
(C) submit recommendations to the Com-
missioner of the Immigration and Naturaliza-
tion Service relating to pay and benefits of Bor-
der Patrol agents.
(3) REPORT
TO
CONGRESS.—Not later than
150 days after the date of enactment of this Act, the
Commissioner of the Immigration and Naturaliza-
tion Service shall submit a report to the Congress on
the establishment and activities of the Office of Bor-
der Patrol Recruitment and Retention.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $50,000,000 for fiscal
year 2000 and such sums as may be necessary for each
fiscal year thereafter to carry out this section.
SEC. 807. ELIMINATION OF DENIAL OF IMMIGRATION BENE-
FITS FOR ERRONEOUS ASYLUM APPLICA-
TION.
Section 208(d) (8 U.S.C. 1158(d)) is amended by
striking paragraphs (6) and (7).
SEC. 808. AUTHORIZATION OF APPROPRIATIONS FOR IM-
PLEMENTATION OF ACT.
There are authorized to be appropriated for fiscal
years 2000 through 2006 such sums as may be necessary
to implement this Act.
171
TITLE IX—EFFECTIVE DATES
SEC. 901. GENERAL EFFECTIVE DATE.
Except as provided in section 902, the amendments
made by this Act shall take effect on the date of the enact-
ment of this Act.
SEC. 902. OTHER EFFECTIVE DATES.
(a) TITLE I.—
(1) SECTION
101.—The amendment made by
section 101 shall take effect on the date of the en-
actment of this Act and shall apply to determina-
tions pending on or after such date with respect to
which—
(A) a final administrative decision has
been not been rendered as of such date; or
(B) such a decision has been rendered but
the period for seeking judicial review of the de-
cision has not expired.
(2) SECTION 102.—The amendments made by
section 102 shall take effect on the date of the en-
actment of this Act and shall apply to petitions for
review of determinations of the Attorney General
made on or after such date.
(3) SECTION
103.—The amendment made by
section 103 shall take effect on the date of the en-