178
services to victims of domestic violence directed at
stopping the violence, enhancing victim safety,
achieving economic justice, or protecting child vic-
tims of domestic violence.
(10) TRIBAL ORGANIZATION.—The term ‘‘tribal
organization’’ means a tribally chartered organiza-
tion or a nonprofit organization operating within the
boundaries of an Indian reservation whose governing
body reflects the populations served.
Subtitle G—Strengthening Enforce-
ment 
To 
Reduce 
Violence
Against Women
SEC. 461. AMENDMENTS TO DOMESTIC VIOLENCE AND
STALKING OFFENSES.
(a) INTERSTATE
DOMESTIC
VIOLENCE.—Section
2261(a) of title 18, United States Code, is amended to
read as follows:
‘‘(a) OFFENSES.—
‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A
person who travels in interstate or foreign commerce
or to or from Indian country with the intent to in-
jure, harass, or intimidate a spouse or intimate part-
ner, and who, in the course of or as a result of such
travel, commits or attempts to commit a crime of vi-
179
olence 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 or from Indian
country by force, coercion, duress, or fraud, and
who, in the course of or as a result of 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:
‘‘§ 2261A. Interstate stalking
‘‘Whoever—
‘‘(1) with the intent to injure, harass, or intimi-
date another person, engages in 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 to, that person
or a member of that person’s immediate family (as
defined in section 115), or
‘‘(2) with the intent to injure, harass, or intimi-
date another person, travels in interstate or foreign
commerce or to or from Indian country, and in the
course of or as a result of such travel engages in
180
conduct that places that person in reasonable fear of
the death of, or serious bodily injury to, that person
or a member of that person’s immediate family (as
defined in section 115),
shall be punished as provided in section 2261.’’.
(c) 
INTERSTATE
VIOLATION
OF
PROTECTION
ORDER.—Section 2262(a) of title 18, United States Code,
is amended to read as follows:
‘‘(a) OFFENSES.—
‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A
person who travels in interstate or foreign commerce
or to or from Indian country with the intent to en-
gage in conduct that violates the portion of a protec-
tion order that prohibits or provides protection
against violence, threats, or harassment against,
contact or communication with, or physical proxim-
ity 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 en-
gages 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 or from Indian country by
force, coercion, duress, or fraud, and in the course
181
of or as a result of 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, an-
other 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—
(1) by inserting after the first undesignated
paragraph the following:
‘‘ ‘serious bodily injury’ has the meaning stated
in section 2119(2).’’; and
(2) by striking the final undesignated para-
graph and inserting the following:
‘‘ ‘travel in interstate or foreign commerce’ does
not include travel from 1 State to another by an in-
dividual who is a member of an Indian tribe and
who remains at all times in the territory of the In-
dian tribe of which the individual is a member.’’.
182
Subtitle H—Disclosure Protections
SEC. 471. DISCLOSURE PROTECTIONS UNDER THE CHILD
SUPPORT PROGRAM.
(a) FEDERAL PARENT LOCATOR SERVICE.—Section
453(b)(2) of the Social Security Act (42 U.S.C. 653(b)(2))
is amended—
(1) in the matter preceding subparagraph (A),
by inserting ‘‘or that the health, safety, or liberty of
a parent or child would be put at risk by the disclo-
sure of such information,’’ before ‘‘provided that’’;
(2) in subparagraph (A), by inserting ‘‘, that
the health, safety, or liberty of a parent or child
would be put at risk by the disclosure of such infor-
mation,’’ before ‘‘and that information’’; and
(3) in subparagraph (B)(i), by striking ‘‘be
harmful to the parent or the child’’ and inserting
‘‘place the health, safety, or liberty of a parent or
child at risk’’.
(b) Section 453(c)(2) of the Social Security Act (42
U.S.C. 653(c)(2)) is amended by inserting ‘‘, or to serve
as the initiating court in an action to seek an order,’’ be-
fore ‘‘against a noncustodial’’.
(c) STATE PLAN REQUIREMENTS.—Section 454(26)
of the Social Security Act (42 U.S.C. 654) is amended—
183
(1) in subparagraph (C), by striking ‘‘result in
physical or emotional harm to the party or the
child’’ and inserting ‘‘place the health, safety, or lib-
erty of a parent or child at risk’’;
(2) in subparagraph (D), by striking ‘‘of domes-
tic violence or child abuse against a party or the
child and that the disclosure of such information
could be harmful to the party or the child’’ and in-
serting ‘‘that the health, safety, or liberty of a par-
ent or child would be put at risk by the disclosure
of such information’’; and
(3) in subparagraph (E), by striking ‘‘of domes-
tic violence’’ and all that follows through the semi-
colon and inserting ‘‘that the health, safety, or lib-
erty of a parent or child would be put at risk by the
disclosure of such information pursuant to section
453(b)(2), the court shall determine whether disclo-
sure to any other person or persons of information
received from the Secretary could place the health,
safety, or liberty of a parent or child unreasonably
at risk (if the court determines that disclosure to
any other person could be harmful, the court and its
agents shall not make any such disclosure);’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect as if included in the enact-
184
ment of the Balanced Budget Act of 1997 (Public Law
105–33; 111 Stat. 251).
TITLE 
V—VIOLENCE 
AGAINST
WOMEN 
IN 
THE 
MILITARY
SYSTEM
Subtitle 
A—Civilian 
Jurisdiction
for Crimes of Sexual Assault
and Domestic Violence
SEC. 501. CRIMINAL OFFENSES COMMITTED OUTSIDE THE
UNITED STATES BY PERSONS ACCOMPANY-
ING THE ARMED FORCES.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 211 the following new
chapter:
‘‘CHAPTER 212—DOMESTIC VIOLENCE AND
SEXUAL ASSAULT OFFENSES COMMIT-
TED OUTSIDE THE UNITED STATES
‘‘Sec.
‘‘3261. Domestic violence and sexual assault offenses committed by persons for-
merly serving with, presently employed by, or accompanying,
the Armed Forces outside the United States.
‘‘3262. Delivery to authorities of foreign countries.
‘‘3263. Regulations.
‘‘3264. Definitions for chapter.
185
‘‘§ 3261. Domestic violence and sexual assault of-
fenses committed by persons formerly
serving with, presently employed by, or
accompanying, the Armed Forces outside
the United States
‘‘(a) IN GENERAL.—Whoever, while serving with, em-
ployed by, or accompanying the Armed Forces outside of
the United States engages in conduct that would con-
stitute a misdemeanor or felony domestic violence or sex-
ual assault offense if the conduct had been engaged in
within the special maritime and territorial jurisdiction of
the United States shall be subject to prosecution in the
United States district court of the jurisdiction of origin
as determined under subsection (d)(2).
‘‘(b) CONCURRENT
JURISDICTION.—Nothing con-
tained in this chapter deprives courts-martial, military
commissions, provost courts, or other military tribunals of
concurrent jurisdiction with respect to offenders or of-
fenses that by statute or by the law of war may be tried
by courts-martial, military commissions, provost courts, or
other military tribunals.
‘‘(c) ACTION BY FOREIGN GOVERNMENT.—No pros-
ecution may be commenced under this section if a foreign
government, in accordance with jurisdiction recognized by
the United States, has prosecuted or is prosecuting such
person for the conduct constituting an offense described
186
in subsection (a), except upon the approval of the Attorney
General of the United States or the Deputy Attorney Gen-
eral of the United States (or a person acting in either such
capacity). The function of approval of the Attorney Gen-
eral or Deputy Attorney General may not be delegated.
‘‘(d) ARRESTS.—
‘‘(1) LAW
ENFORCEMENT
PERSONNEL.—The
Secretary of Defense may designate and authorize
any person serving in a law enforcement position in
the Department of Defense to arrest outside of the
United States any person described in subsection (a)
if there is probable cause to believe that such person
engaged in conduct which constitutes a criminal of-
fense under subsection (a).
‘‘(2) RELEASE
TO
CIVILIAN
LAW
ENFORCE-
MENT.—A person arrested under paragraph (1)
shall be released to the custody of civilian law en-
forcement authorities of the United States for re-
moval to the United States for judicial proceedings
in the United States district court of the named ju-
risdiction of origin of the person arrested in relation
to conduct referred to in such paragraph unless—
‘‘(A) such person is delivered to authorities
of a foreign country under section 3262; or
187
‘‘(B) such person has had charges brought
against such person under chapter 47 of title
10 for such conduct.
‘‘§ 3262. Delivery to authorities of foreign countries
‘‘(a) IN GENERAL.—Any person designated and au-
thorized under section 3261(d) may deliver a person de-
scribed in section 3261(a) to the appropriate authorities
of a foreign country in which the person is alleged to have
engaged in conduct described in section 3261(a) if—
‘‘(1) the appropriate authorities of that country
request the delivery of the person to such country
for trial for such conduct as an offense under the
laws of that country; and
‘‘(2) the delivery of such person to that country
is authorized by a treaty or other international
agreement to which the United States is a party.
‘‘(b) DETERMINATION
BY
THE SECRETARY.—The
Secretary of Defense shall determine which officials of a
foreign country constitute appropriate authorities for pur-
poses of this section.
‘‘§ 3263. Regulations
‘‘The Secretary of Defense shall issue regulations
governing the apprehension, detention, and removal of
persons under this chapter. Such regulations shall be uni-
form throughout the Department of Defense.
188
‘‘§ 3264. Definitions for chapter
‘‘As used in this chapter—
‘‘(1) the term ‘Armed Forces’ has the same
meaning as in section 101(a)(4) of title 10;
‘‘(2) a person is ‘employed by the Armed
Forces outside of the United States’ if the person—
‘‘(A) is employed as a civilian employee of
the Department of Defense, as a Department of
Defense contractor, or as an employee of a De-
partment of Defense contractor;
‘‘(B) is present or residing outside of the
United States in connection with such employ-
ment; and
‘‘(C) is not a national of the host nation;
and
‘‘(3) a person is ‘accompanying the Armed
Forces outside of the United States’ if the person—
‘‘(A) is a dependent of a member of the
armed forces;
‘‘(B) is a dependent of a civilian employee
of the Department of Defense;
‘‘(C) is residing with the member or civil-
ian employee outside of the United States; and
‘‘(D) is not a national of the host nation.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part II of title 18, United States Code,
189
is amended by inserting after the item relating to chapter
211 the following:
‘‘212. Domestic Violence and Sexual Assault Offenses
Committed Outside the United States ........... 3261.’’.
SEC. 502. RECORDS OF MILITARY JUSTICE ACTIONS.
(a) IN GENERAL.—Chapter 59 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1178. Military justice information and DNA speci-
mens: transmission to Director of Federal
Bureau of Investigation upon member’s
separation
‘‘(a) RECORDS OF MILITARY JUSTICE ACTIONS.—
Whenever a member of the armed forces is discharged
from a period of service in the armed forces or is released
from a period of active duty, the Secretary of the military
department concerned shall transmit to the Director of the
Federal Bureau of Investigation a copy of records of any
penal action taken against the member during that period
under chapter 47 of this title (the Uniform Code of Mili-
tary Justice).
‘‘(b) DNA SPECIMENS OF PERSONS CONVICTED OF
SEXUAL OFFENSES.—(1) Any member of the armed
forces who is convicted by a court-martial of an offense
of a sexual nature shall, before being separated from the
member’s armed force, provide to the Secretary of the
190
military department concerned a sample of blood, saliva,
or other specimen collected from that member necessary
to conduct DNA analysis consistent with established pro-
cedures for DNA testing by the Director of the Federal
Bureau of Investigation.
‘‘(2) The Secretary concerned shall transmit each
sample provided under paragraph (1) in a timely manner
to the Director of the Federal Bureau of Investigation for
inclusion in the Combined DNA Identification System
(CODIS) of the Federal Bureau of Investigation.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘1178. Military justice information and DNA specimens: transmission to Direc-
tor of Federal Bureau of Investigation upon member’s separa-
tion.’’.
Subtitle 
B—Transitional 
Com-
pensation for Abused Depend-
ents of Members of the Armed
Forces
SEC. 511. TRANSITIONAL COMPENSATION.
Section 1059 of title 10, United States Code, is
amended—
(1) in subsection (e)(1)(A), by inserting ‘‘that
includes dependent-abuse as an underlying or prin-
cipal factor’’ after ‘‘for a dependent-abuse offense’’;
191
(2) in subsection (e)(1)(B), by inserting ‘‘un-
derlying, partial, or principal’’ before ‘‘basis’’; and
(3) in subsection (g)(2), by striking ‘‘the Sec-
retary may not resume such payments.’’ and insert-
ing ‘‘the Secretary may resume such payments if the
Secretary determines that there was ongoing abuse.
Any such determination as to such a resumption of
payments shall be reviewed by the Secretary on a
case-by-case basis.’’.
Subtitle C—Confidentiality of
Records
SEC. 521. CONFIDENTIALITY OF RECORDS.
(a) The Secretary of Defense shall study the policies,
procedures, and practices of the military departments for
protecting 
the 
confidentiality 
of 
communications
between—
(1) a dependent of a member of the Armed
Forces who—
(A) is a victim of sexual harassment, sex-
ual assault, or intrafamily abuse; or
(B) has engaged in such misconduct; and
(2) a therapist, counselor, advocate, or other
professional from whom the victim seeks professional
services in connection with effects of such mis-
conduct.
192
(b)(1) The Secretary of Defense shall prescribe in
regulations the policies and procedures that the Secretary
considers necessary to provide the maximum possible pro-
tections for the confidentiality of communications de-
scribed in subsection (a) relating to misconduct described
in that subsection.
(2) The regulations shall provide the following:
(A) Complete confidentiality of the records of
the communications of dependents of members of
the Armed Forces.
(B) Characterization of the records under fam-
ily advocacy programs of the Department of Defense
as primary medical records for purposes of the pro-
tections from disclosure that are associated with pri-
mary medical records.
(C) Facilitated transfer of records under family
advocacy programs in conjunction with changes of
duty stations of persons to whom the records relate
in order to provide for continuity in the furnishing
of professional services.
(D) Adoption of standards of confidentiality
and ethical standards that are consistent with stand-
ards issued by relevant professional associations.
(3) In prescribing the regulations, the Secretary shall
consider the following:
193
(A) Any risk that the goals of advocacy and
counseling programs for helping victims recover
from adverse effects of misconduct will not be at-
tained if there is no assurance that the records of
the communications (including records of counseling
sessions) will be kept confidential.
(B) The extent, if any, to which a victim’s safe-
ty and privacy should be factors in determinations
regarding—
(i) disclosure of the victim’s identity to the
public or the chain of command of a member of
the Armed Forces alleged to have engaged in
the misconduct toward the victim; or
(ii) any other reaction that facilitates such
a disclosure without the consent of the victim.
(C) The eligibility for care and treatment in
medical facilities of the uniformed services for any
person having a uniformed services identification
card (including a card indicating the status of a per-
son as a dependent of a member of the uniformed
services) that is valid for that person.
(D) The appropriateness of requiring that so-
called Privacy Act statements be presented as a con-
dition for proceeding with the furnishing of treat-
194
ment or other services by professionals referred to in
subsection (a).
(E) The appropriateness of adopting the same
standards of confidentiality and ethical standards
that have been issued by such professional associa-
tions as the American Psychiatric Association and
the National Association of Social Workers.
(4) The regulations may not prohibit the disclosure
of information to a Federal or State agency for a law en-
forcement or other governmental purpose.
(c) The Secretary of Defense shall consult with the
Attorney General in carrying out this section.
(d) Not later than 90 days after the date of the enact-
ment of this Act, the Secretary shall submit to Congress
a report on the actions taken under this section. The re-
port shall include a discussion of the results of the study
under subsection (a) and the comprehensive discussion of
regulations prescribed under subsection (b).
195
TITLE 
VI—PREVENTING 
VIO-
LENCE AGAINST WOMEN IN
TRADITIONALLY 
UNDER-
SERVED COMMUNITIES
Subtitle A—Older Women’s
Protection From Violence
SECTION 601. SHORT TITLE.
This subtitle may be cited as the ‘‘Older Women’s
Protection From Violence Act of 1999’’.
SEC. 602. FINDINGS.
Congress finds that—
(1) of the estimated more than 1,000,000 per-
sons age 65 and over who are victims of abuse each
year, at least 2⁄3 are women;
(2) in almost 9 out of 10 incidents of domestic
elder abuse and neglect, the perpetrator is a family
member and adult children of the victims are the
largest category of perpetrators and spouses are the
second largest category of perpetrators;
(3) the number of reports of elder abuse in the
United States increased by 150 percent between
1986 and 1996 and is expected to continue growing;
(4) it is estimated that at least 5 percent of the
Nation’s elderly are victims of moderate to severe
196
abuse and that the rate for all forms of abuse may
be as high as 10 percent;
(5) elder abuse is severely underreported, with
1 in 5 cases being reported in 1980 and 1 in 8 cases
being reported today;
(6) based on site-specific information from the
Indian Health Service, the rate of trauma and vio-
lence faced by Indian women could be considered to
be epidemic;
(7) elder abuse takes on many forms, including
physical abuse, sexual abuse, psychological (emo-
tional) abuse, neglect (intended or unintended), and
financial exploitation;
(8) many older persons, particularly women and
minorities, fail to report abuse because of shame or
as a result of prior unsatisfactory experiences with
individual agencies or others who lacked sensitivity
to the concerns or needs of older people;
(9) the lack of culturally relevant elder abuse
services for Indian women makes access to shelter
and other services difficult and often impossible for
some Indian women;
(10) many older persons fail to report abuse be-
cause they are dependent on their abusers and fear
being abandoned or institutionalized;
197
(11) the lack of access to telephones, law en-
forcement, and health services in remote areas, in-
cluding Indian reservations, makes access to relief
from elder abuse particularly difficult for some pop-
ulations;
(12) public and professional awareness and
identification of elder abuse is difficult because older
persons are not tied into many social networks (such
as schools or jobs), and may become isolated in their
homes, which can increase the risk of elder abuse;
(13) the Department or Justice does not in-
clude age as a category for criminal statistics report-
ing;
(14)(A) there are relatively few statistics and
research studies regarding violence against older
women, and even less is known about the incidence
of violence against Indian women; and
(B) there is no national database regarding the
violence against Indian women; and
(15) older persons would greatly benefit from
policies that develop, strengthen, and implement pro-
grams for the prevention of abuse, including neglect
and exploitation, and provide related assistance for
victims.
198
CHAPTER 1—VIOLENCE AGAINST WOMEN
ACT OF 1994
SEC. 603. ELDER ABUSE, NEGLECT, AND EXPLOITATION.
The Violence Against Women Act of 1994 (108 Stat.
1902) is amended by adding at the end the following:
‘‘Subtitle H—Elder Abuse, Neglect,
and Exploitation, Including Do-
mestic Violence and Sexual As-
sault Against Older Individuals
‘‘SEC. 40801. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) IN GENERAL.—The terms ‘elder abuse, ne-
glect, and exploitation’, ‘domestic violence’, and
‘older individual’ have the meanings given the terms
in section 102 of the Older Americans Act of 1965
(42 U.S.C. 3002).
‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as-
sault’ has the meaning given the term in section
2003 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg–2).
‘‘SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS ON ELDER
ABUSE, NEGLECT, AND EXPLOITATION.
‘‘The Attorney General shall make grants to law
school clinical programs for the purposes of funding the
inclusion of cases addressing issues of elder abuse, neglect,
199
and exploitation, including domestic violence, and sexual
assault, against older individuals.
‘‘SEC. 40803. TRAINING PROGRAMS FOR LAW ENFORCE-
MENT OFFICERS.
‘‘The Attorney General shall develop curricula and
offer, or provide for the offering of, training programs to
assist law enforcement officers, including tribal law en-
forcement officers, prosecutors, and relevant officers of
Federal, State, tribal, and local courts in recognizing, ad-
dressing, investigating, and prosecuting instances of elder
abuse, neglect, and exploitation, including domestic vio-
lence and sexual assault against older individuals.
‘‘SEC. 40804. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out this subtitle.’’.
CHAPTER 2—FAMILY VIOLENCE
PREVENTION AND SERVICES ACT
SEC. 604. DEFINITIONS.
Section 309 of the Family Violence Prevention and
Services Act (42 U.S.C. 10408), as amended by section
123(f), is amended by adding at the end the following:
‘‘(8) The term ‘older individual’ has the mean-
ing given the term in section 102 of the Older Amer-
icans Act of 1965.’’.
200
SEC. 605. DOMESTIC VIOLENCE SERVICES FOR OLDER INDI-
VIDUALS.
Section 311(a) of the Family Violence Prevention and
Services Act (42 U.S.C. 10410(a)) is amended in para-
graph (1)(A), by inserting before the semicolon ‘‘, includ-
ing programs and providers of direct services targeted to
older individuals’’.
SEC. 606. DEMONSTRATION GRANTS FOR COMMUNITY INI-
TIATIVES.
Section 318(b)(2)(F) of the Family Violence Preven-
tion and Services Act (42 U.S.C. 10418(b)(2)(F)) is
amended by inserting ‘‘and adult protective services enti-
ties’’ before the semicolon.
CHAPTER 3—OLDER AMERICANS ACT OF
1965
SEC. 607. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002) is amended by adding at the end the follow-
ing:
‘‘(45) The term ‘domestic violence’ includes acts
or threats of violence, not including acts of self de-
fense, committed by a current or former spouse of
the victim, by a person related by blood or marriage
to the victim, by a person who is cohabiting with or
has cohabited with the victim, by a person with
whom the victim shares a child in common, by a per-
201
son who is or has been in a continuing social rela-
tionship of a romantic or intimate nature with the
victim, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws
of the jurisdiction of the victim, or by any other per-
son against a victim who is protected from that per-
son’s acts under the domestic or family violence laws
of the jurisdiction.
‘‘(46) The term ‘sexual assault’ has the mean-
ing given the term in section 2003 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg–2).’’.
SEC. 608. RESEARCH ABOUT THE SEXUAL ASSAULT OF
WOMEN WHO ARE OLDER INDIVIDUALS.
Section 202(d)(3)(C) of the Older Americans Act of
1965 (42 U.S.C. 3012(d)(3)(C)) is amended—
(1) by striking ‘‘and’’ at the end of clause (i);
(2) by striking the period at the end of clause
(ii) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(iii) in establishing research priorities under
clause (i), consider the importance of research about
the sexual assault of women who are older individ-
uals.’’.
202
SEC. 609. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
Section 303(a)(1) of the Older Americans Act of
1965 (42 U.S.C. 3023(a)(1)) is amended by inserting be-
fore the period the following: ‘‘, except that for grants to
carry out section 321(a)(10), there are authorized to be
appropriated such sums as may be necessary without fiscal
year limitation’’.
SEC. 610. TRAINING FOR HEALTH PROFESSIONALS, AND
OTHER PROVIDERS OF SERVICES TO OLDER
INDIVIDUALS, ON SCREENING FOR ELDER
ABUSE, NEGLECT, AND EXPLOITATION.
Section 411 of the Older Americans Act of 1965 (42
U.S.C. 3031) is amended by adding at the end the follow-
ing:
‘‘(f)(1) The Assistant Secretary for Aging shall, in
consultation with the Assistant Secretary for Children and
Families, the Surgeon General, the Indian Health Service,
the Director of the National Institute on Aging, national
nonprofit, nongovernmental or tribal organizations with
nationally recognized expertise in elder abuse, domestic vi-
olence, or sexual assault, and other specialists working in
the areas of domestic violence and sexual assault against
seniors and elder abuse, update and improve curricula and
implement continuing education training programs for
adult protective service workers, persons carrying out a
State Long-Term Care Ombudsman program, health care
203
providers (including home health care providers), and
mental health providers (including specialists), social
workers, clergy, domestic violence service providers, sexual
assault service providers, and other community-based so-
cial service providers in settings, including senior centers,
adult day care facilities, nursing homes, board and care
facilities, senior housing, and the homes of older individ-
uals to improve the ability of the persons using the cur-
riculum and training programs to recognize and address
instances of elder abuse, neglect, and exploitation, includ-
ing domestic violence and sexual assault against older in-
dividuals.
‘‘(2) In carrying out paragraph (1), the Assistant
Secretary shall develop and implement separate curricula
and training programs for medical students, physicians,
mental health providers, physician assistants, nurse prac-
titioners, nurses, and social workers.
‘‘(3) In carrying out paragraph (1), the Assistant
Secretary shall provide information about the curricula
and training programs to entities described in sections
746(d), 777 (a) and (b), 791(d)(2), and 860(g)(2) of the
Public Health Service Act (42 U.S.C. 293j(d), 294o (a)
and (b), 295j(d)(2), and 298b–7(g)(2)) that seek grants
or contracts under title VII or VIII of such Act.’’.
204
SEC. 611. DOMESTIC VIOLENCE SHELTERS AND PROGRAMS
FOR OLDER INDIVIDUALS.
Section 422(b) of the Older Americans Act of 1965
(42 U.S.C. 3035a(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(11);
(2) by striking the period at the end of para-
graph (12) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(13) expand access to domestic violence and
sexual assault programs, including shelters, rape cri-
sis centers, support groups, mental health services,
safety planning, and legal advocacy, for older indi-
viduals and encourage the use of hotels, hospitals,
senior housing, nursing homes, or other suitable fa-
cilities when appropriate as emergency short-term
shelters or are otherwise appropriate for older indi-
viduals who are the victims of elder abuse, including
domestic violence and sexual assault against older
individuals; and
‘‘(14) promote research on legal, organizational,
or training impediments to providing services to
older individuals through shelters and programs,
such as impediments to provision of the services in
coordination with delivery of health care or senior
services.’’.
205
SEC. 612. AUTHORIZATION OF APPROPRIATIONS.
(a) OMBUDSMAN PROGRAM.—Section 702(a) of the
Older Americans Act of 1965 (42 U.S.C. 3058a(a)) is
amended to read as follows:
‘‘(a) OMBUDSMAN PROGRAM.—There are authorized
to be appropriated to carry out chapter 2 such sums as
may be necessary without fiscal year limitation.’’.
(b) ELDER ABUSE PREVENTION PROGRAM.—Section
702(b) of the Older Americans Act of 1965 (42 U.S.C.
3058a(b)) is amended to read as follows:
‘‘(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND
EXPLOITATION.—There are authorized to be appropriated
to carry out chapter 3 such sums as may be necessary
without fiscal year limitation.’’.
SEC. 613. COMMUNITY INITIATIVES AND OUTREACH.
Title VII of the Older Americans Act of 1965 (42
U.S.C. 3058 et seq.) is amended—
(1) by redesignating subtitle C as subtitle D;
(2) by redesignating sections 761 through 764
as sections 771 through 774, respectively; and
(3) by inserting after subtitle B the following:
206
‘‘Subtitle C—Community Initiatives
and Outreach
‘‘SEC. 761. COMMUNITY INITIATIVES TO COMBAT ELDER
ABUSE, NEGLECT, AND EXPLOITATION.
‘‘(a) IN GENERAL.—The Assistant Secretary shall
make grants to nonprofit private organizations or tribal
organizations to support projects in local communities in-
volving diverse sectors of each community to coordinate
activities concerning intervention in and prevention of
elder abuse, neglect, and exploitation, including domestic
violence and sexual assault against older individuals.
‘‘(b) AWARD REQUIREMENT.—In awarding grants
under subsection (a), the Assistant Secretary shall take
into consideration—
‘‘(1) State and tribal efforts to carry out the
activities described in such subsection; and
‘‘(2) encouraging coordination among the State
and tribal efforts, State adult protective service ac-
tivities, and activities of private nonprofit organiza-
tions.
‘‘SEC. 762. OUTREACH TO OLDER INDIVIDUALS.
‘‘(a) IN GENERAL.—The Assistant Secretary shall
make grants to develop and implement outreach programs
directed toward assisting older individuals who are victims
of elder abuse, neglect, and exploitation (including domes-
207
tic violence and sexual assault against older individuals),
including programs directed toward assisting the individ-
uals in senior housing complexes, nursing homes, board
and care facilities, and senior centers.
‘‘(b) AWARD REQUIREMENT.—In awarding grants
under subsection (a), the Assistant Secretary shall take
into consideration—
‘‘(1) State and tribal efforts to develop and im-
plement outreach programs described in such sub-
section; and
‘‘(2) encouraging coordination among the State
and tribal efforts, State adult protective service ac-
tivities, and activities of private nonprofit organiza-
tions.
‘‘SEC. 763. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subtitle such sums as may be necessary without fiscal
year limitation.’’.
CHAPTER 4—PUBLIC HEALTH SERVICE
ACT
SEC. 614. SHORT TITLE.
This chapter may be cited as the ‘‘Elder Abuse Iden-
tification and Referral Act of 1999’’.
208
SEC. 615. ESTABLISHMENT, FOR CERTAIN HEALTH PROFES-
SIONS PROGRAMS, OF PROVISIONS REGARD-
ING IDENTIFICATION AND REFERRAL FOR
ELDER ABUSE AND NEGLECT.
(a) TITLE VII PROGRAMS; PREFERENCES IN FINAN-
CIAL AWARDS.—Section 791 of the Public Health Service
Act (42 U.S.C. 295j), as amended in title III of this Act,
is amended by redesignating subsection (d) as subsection
(e) and by inserting after subsection (c) the following sub-
section:
‘‘(d) PREFERENCES REGARDING TRAINING IN IDEN-
TIFICATION
AND REFERRAL
OF VICTIMS
OF ELDER
ABUSE AND NEGLECT.—
‘‘(1) IN GENERAL.—In the case of a health pro-
fessions entity specified in paragraph (2), the Sec-
retary shall, in making awards of grants or contracts
under this title, give preference to any such entity
(if otherwise a qualified applicant for the award in-
volved) that has in effect the requirement that, as a
condition of receiving a degree or certificate (as ap-
plicable) from the entity, each student have had sig-
nificant training (such as training conducted in ac-
cordance with curricula or programs authorized
under section 411(f) of the Older Americans Act of
1965 (42 U.S.C. 3031(f))), in carrying out the fol-
lowing functions as a provider of health care:
209
‘‘(A) Identifying victims of elder abuse and
neglect, including domestic violence and sexual
assault against older individuals, and maintain-
ing complete medical records that include docu-
mentation of the examination, treatment given,
and referrals made, and recording the location
and nature of the victim’s injuries.
‘‘(B) Examining and treating such victims,
within the scope of the health professional’s dis-
cipline, training, and practice, including, at a
minimum, providing medical advice regarding
the dynamics and nature of elder abuse and ne-
glect, including domestic violence and sexual as-
sault against older individuals.
‘‘(C) Referring the victims to public and
nonprofit private entities that provide services
for such victims.
‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI-
TIES.—For purposes of paragraph (1), a health pro-
fessions entity specified in this paragraph is any en-
tity that is a school of medicine, a school of osteo-
pathic medicine, a graduate program in mental
health practice, a school of nursing (as defined in
section 853), a program for the training of physician
210
assistants, or a program for the training of allied
health professionals.
‘‘(3) REPORT TO CONGRESS.—Not later than 2
years after the date of the enactment of the Elder
Abuse Identification and Referral Act of 1999, the
Secretary shall submit to the Committee on Com-
merce of the House of Representatives, and the
Committee on Labor and Human Resources of the
Senate, a report specifying—
‘‘(A) the health professions entities that
are receiving preference under paragraph (1);
‘‘(B) the number of hours of training re-
quired by the entities for purposes of such
paragraph;
‘‘(C) the extent of clinical experience so re-
quired; and
‘‘(D) the types of courses through which
the training is being provided.
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) IN
GENERAL.—The terms ‘abuse’,
‘neglect’, ‘domestic violence’, and ‘older individ-
ual’ have the meanings given the terms in sec-
tion 102 of the Older Americans Act of 1965
(42 U.S.C. 3002).
211
‘‘(B) ELDER ABUSE AND NEGLECT.—The
term ‘elder abuse and neglect’ means abuse and
neglect of an older individual.
‘‘(C) SEXUAL ASSAULT.—The term ‘sexual
assault’ has the meaning given the term in sec-
tion 2003 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–
2).’’.
(b) CONFORMING AMENDMENT.—Section 411(f) of
the Older Americans Act of 1965 (as added by section
610) is amended by adding at the end the following:
‘‘(3) In carrying out paragraph (1), the Secretary
shall provide information about the curricula and training
programs to entities described in sections 791(c)(2) and
860(f)(2) of the Public Health Service Act (42 U.S.C.
295j(c)(2) and 298b–7(f)(2)) that seek grants or con-
tracts under title VII or VIII of such Act.’’.
SEC. 616. AREA HEALTH EDUCATION CENTERS.
Subparagraphs (D) and (E) of section 746(d)(2) of
the Public Health Service Act (42 U.S.C. 293j(d)(2)) are
each amended by inserting ‘‘, which may include training
in domestic violence, sexual assault, and elder abuse
screening and referral protocols’’ before the semicolon.
212
SEC. 617. GERIATRIC CENTERS AND TRAINING.
(a) 
GERIATRIC
EDUCATION
CENTERS.—Section
777(a)(4) of the Public Health Service Act (42 U.S.C.
294o(a)(4)) is amended by inserting ‘‘, including training
and retraining of faculty to provide instruction regarding
identification and treatment of older individuals who are
the victims of domestic violence, sexual assault, and elder
abuse’’ before the semicolon.
(b) GERIATRIC TRAINING REGARDING PHYSICIANS
AND DENTISTS.—Section 777(b)(2)(D) of the Public
Health Service Act (42 U.S.C. 294o(b)(2)(D)) is
amended—
(1) by striking ‘‘and exposure’’ and inserting ‘‘,
exposure’’; and
(2) by inserting ‘‘, and screening for elder
abuse, and domestic violence and sexual assault,’’
after ‘‘of elderly individuals’’.
Subtitle B—Protections Against Vi-
olence and Abuse for Women
With Disabilities
SEC. 620. SHORT TITLE.
This subtitle may be cited as the ‘‘Protections
Against Violence and Abuse for Women With Disabilities
Act’’.
SEC. 621. FINDINGS.
The Congress finds that—
213
(1) women with disabilities are more likely to be
the victims of abuse and violence than women with-
out disabilities because of their increased physical,
economic, social, or psychological dependence on oth-
ers;
(2) in domestic violence cases, women with dis-
abilities stay with their batterers almost twice as
long as women without disabilities;
(3) violence and abuse against women with dis-
abilities takes many forms, including verbal abuse,
physical abuse, sexual assault, forced isolation, con-
trol over economic resources, and the withholding of
equipment, medication, transportation, or personal
care assistance;
(4) many women with disabilities fail to report
abuse because they are dependent on their abusers
and fear being abandoned or institutionalized;
(5) many women with disabilities are unable to
leave abuse or violent spouses or cohabitants because
of the inaccessibility of services or the fear of aban-
doning dependent children; and
(6) law enforcement, the criminal justice sys-
tem, legal services, and victim services are often not
equipped or trained to effectively identify and re-
214
spond to abuse or violence against women with dis-
abilities.
SEC. 622. OMNIBUS CRIME CONTROL AND SAFE STREETS
ACT OF 1968.
Section 2001(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amend-
ed in paragraph (5) by striking ‘‘and domestic violence;’’
and inserting ‘‘, domestic violence, and the forms of vio-
lence and abuse particularly suffered by women with dis-
abilities;’’.
SEC. 623. FAMILY VIOLENCE PREVENTION AND SERVICES
ACT.
Section 318(b)(2) of the Family Violence Prevention
and Services Act (42 U.S.C. 10418(b)(2)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (G);
(2) by redesignating subparagraph (H) as sub-
paragraph (I); and
(3) by inserting after subparagraph (G) the fol-
lowing new subparagraph:
‘‘(H) groups that provide services to or ad-
vocate on behalf of persons with disabilities;
and’’.
215
SEC. 624. VIOLENCE AGAINST WOMEN ACT.
(a) Section 40291(a) of the Safe Homes for Women
Act of 1994 (42 U.S.C. 13961(a)) is amended—
(1) by inserting ‘‘and toward persons with dis-
abilities,’’ after ‘‘language minority communities’’;
and
(2) by inserting ‘‘(as defined in section 2003(7)
of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg–2(7))’’ after ‘‘needs of
underserved populations’’.
(b) Section 40412 of the Equal Justice for Women
in the Courts Act of 1994 (42 U.S.C. 13992) is
amended—
(1) in paragraph (6), by inserting ‘‘, stereo-
typing of persons with disabilities who are victims of
rape, sexual assault, abuse, or violence’’ after ‘‘racial
stereotyping of rape victims’’;
(2) in paragraph (13), by inserting ‘‘or among
persons with disabilities,’’ after ‘‘socioeconomic
groups,’’;
(3) by striking ‘‘and’’ at the end of paragraph
(21) (as amended by title I of this Act);
(4) by striking the period at the end of para-
graph (22) (as amended by title I of this Act); and
(5) by inserting after paragraph (22) the fol-
lowing:
216
‘‘(23) issues related to violence and abuse
against persons with disabilities, including the na-
ture of physical, mental, and communications dis-
abilities; the special vulnerability to violence of per-
sons with disabilities; and the types of violence and
abuse experienced by persons with disabilities;
‘‘(24) the requirements placed on courts and
judges under existing disability laws, including the
requirements to provide appropriate auxiliary aids
and services and to ensure physical access; and
‘‘(25) the stereotypes regarding the fitness of
persons with disabilities to retain custody of chil-
dren, especially in domestic violence cases.’’.
SEC. 625. TRAINING PROGRAMS FOR SOCIAL SERVICE AND
HEALTH PROVIDERS.
(a) IN GENERAL.—The Secretary of Health and
Human Services may develop curricula and implement
training and continuing education programs for protective
services workers, health providers, social workers, clergy,
independent living center case workers, and other commu-
nity-based disability-related service providers to improve
their ability to recognize and address instances of domestic
violence directed against women with disabilities.
(b) AUTHORIZATION.—There are authorized to be ap-
propriated to carry out the purposes of this section
217
$10,000,000 for each of fiscal years 2000, 2001, 2002,
2003, and 2004.
SEC. 626. TRAINING FOR HEALTH PROFESSIONALS ON
SCREENING FOR ABUSE OF WOMEN WITH
DISABILITIES.
(a) IN GENERAL.—The Secretary of Health and
Human Services may make grants and enter into con-
tracts to establish and carry out the training of health
professionals, including physicians, nurses, physician as-
sistants, and nurse practitioners, to ensure they will re-
ceive training in screening for abuse of women with dis-
abilities and instruction in appropriate actions when cases
of abuse are identified.
(b) AUTHORIZATION.—There are authorized to be ap-
propriated to be used to award grants under this section
$10,000,000 for each of fiscal years 2000, 2001, 2002,
2003, and 2004.
SEC. 627. RESEARCH ABOUT SEXUAL ABUSE AND VIOLENCE
AGAINST WOMEN WITH DISABILITIES.
In establishing research priorities under title VIII of
this Act, the Secretary shall consider the importance of
research about the sexual assault of, and violence against,
women with disabilities.
218
SEC. 628. GRANTS FOR TECHNICAL ASSISTANCE.
(a) IN GENERAL.—The Attorney General shall make
grants to States, nongovernmental private entities, and
tribal organizations to provide education and technical as-
sistance for the purpose of providing training, consulta-
tion, and information on violence, abuse, and sexual as-
sault 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 making grants under this sec-
tion, the Attorney General shall give priority to applica-
tions designed to provide education and technical assist-
ance on—
(1) the nature, definition, and characteristics of
violence, abuse, 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 violence, abuse, and sexual assault receive appro-
priate assistance;
(3) the requirements of shelters and victim
services organizations under Federal anti-discrimina-
tion laws, including the Americans with Disabilities
Act of 1990 and section 504 of the Rehabilitation
Act of 1973; and
219
(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 national, State, local, and tribal organizations and pro-
grams that provide services to individuals with disabilities,
including independent living centers, disability-related
service organizations, domestic violence programs provid-
ing shelter or related assistance, rape crisis centers, and
programs providing sexual assault services, other victim
services organizations, and women with disabilities.
(d) 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
$10,000,000 for each of fiscal years 2000 through 2004.
Subtitle C—Battered Immigrant
Women
SEC. 630. FINDINGS AND PURPOSES.
(a) FINDINGS.—
Congress finds that—
220
(1) the goal of the immigration protections for
battered immigrants included in the Violence
Against Women Act of 1994 was to remove immi-
gration laws as a barrier that kept battered immi-
grant women and children locked in abusive relation-
ships;
(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 abus-
ers and frees them to cooperate with law enforce-
ment and prosecutors in criminal cases brought
against their abusers and the abusers of their chil-
dren; and
(3) there are several groups of battered immi-
grant 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 be-
cause their victims can be deported and the Immi-
gration and Naturalization Service cannot offer
them protection no matter how compelling their case
under existing law.
(b) PURPOSES.—
The purposes of this subtitle are—
221
(1) to promote criminal prosecutions of all per-
sons who commit acts of battery or extreme cruelty
against immigrant women and children;
(2) to offer protection against domestic violence
occurring in family and intimate relationships that
are covered in State and tribal protection orders, do-
mestic violence, and family law statutes; and
(3) to correct erosions of Violence Against
Women Act of 1994 immigration protections that
occurred as a result of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 and
the Balanced Budget Act of 1997 without otherwise
amending the effect of these laws on other aliens.
SEC. 631. VAWA RESTORATION ACT
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘VAWA Restoration Act’’.
(b) REMOVING BARRIERS TO ADJUSTMENT OF STA-
TUS 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 ‘‘of an
alien who qualifies for classification under sub-
paragraph (A)(iii), (A)(iv), (A)(v), (A)(vi),
222
(B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1)
or’’ after ‘‘The status’’;
(B) in subsection (c)(2), by striking
‘‘201(b) or a special’’ and inserting ‘‘201(b), an
alien who qualifies for classification under sub-
paragraph (A)(iii), (A)(iv), (A)(v), (A)(vi),
(B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1),
or a special’’;
(C) in subsection (c)(4), by striking
‘‘201(b))’’ and inserting ‘‘201(b) or an alien
who qualifies for classification under subpara-
graph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii),
(B)(iii), or (B)(iv) of section 204(a)(1))’’;
(D) in subsection (c)(5), by inserting
‘‘(other than an alien who qualifies for classi-
fication under subparagraph (A)(iii), (A)(iv),
(A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of
section 204(a)(1))’’ after ‘‘an alien’’; and
(E) in subsection (c)(8), by inserting
‘‘(other than an alien who qualifies for classi-
fication under subparagraph (A)(iii), (A)(iv),
(A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of
section 204(a)(1)’’ after ‘‘any alien’’.
(2) EFFECTIVE DATE.—The amendments made
by subsection (a) shall apply to applications for ad-
223
justment of status pending on or after the date of
the enactment of this subtitle.
(c) REMOVING BARRIERS TO CANCELLATION OF RE-
MOVAL AND SUSPENSION OF DEPORTATION FOR VICTIMS
OF DOMESTIC VIOLENCE.—
(1) SPECIAL RULE FOR CALCULATING CONTIN-
UOUS PERIOD FOR BATTERED SPOUSE OR CHILD.—
Paragraph (1) of section 240A(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229b(d)(1)) is
amended to read as follows:
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), for purposes of this section,
any period of continuous residence or continu-
ous physical presence in the United States shall
be deemed to end when the alien is served a no-
tice to appear under section 239(a) or when the
alien has committed an offense that renders the
alien inadmissible to the United States under
section 212(a)(2) or removable from the United
States under section 237(a)(2) or 237(a)(4),
whichever is earliest.
‘‘(B) 
SPECIAL
RULE
FOR
BATTERED
SPOUSE OR CHILD.—For purposes of subsection
(b)(2), the service of a notice to appear referred
224
to in subparagraph (A) shall not be deemed to
end any period of continuous physical presence
in the United States.’’.
(2) EXEMPTION FROM ANNUAL LIMITATION ON
CANCELLATION
OF
REMOVAL
FOR
BATTERED
SPOUSE OR CHILD.—Section 240A(e)(3) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C.
1229b(e)(3)) is amended by adding at the end the
following:
‘‘(C) REMOVAL
CANCELLATION.—Aliens
whose removal is canceled under subsection
(b)(2).’’.
(3) EFFECTIVE DATE.—The amendments made
by paragraphs (1) and (2) shall take effect as if in-
cluded 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.—
(A) Subparagraph (C) of section 309(c)(5)
of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C.
1101 note) is amended by amending the sub-
paragraph heading to read as follows:
225
‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS
GRANTED TEMPORARY PROTECTION FROM DE-
PORTATION AND FOR BATTERED SPOUSES AND
CHILDREN.—’’; and
(B) in clause (i)—
(i) by striking, ‘‘or’’ at the end of sub-
clause (IV);
(ii) by striking the period at the end
of subclause (V) and inserting ‘‘; or’’; and
(iii) by adding at the end the follow-
ing:
‘‘(VI) is an alien who was issued
an order to show cause or was in de-
portation proceedings prior to 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 Immigra-
tion Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1101 note).
226
(d) 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)) 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 re-
open, and the deadline specified in sub-
section 240(b)(5)(C) does not apply, if the
basis for the motion is to apply for adjust-
ment of status based on a petition filed
under clause (iii), (iv), (v), or (vi) of sec-
tion 204(a)(1)(A), clause (ii), (iii), or (iv)
of 
section 
204(a)(1)(B), 
or 
section
240A(b)(2) and if the motion is accom-
panied by a cancellation of removal appli-
cation to be filed with the Attorney Gen-
eral or by a copy of the self-petition that
has been or will be filed with the Immigra-
tion and Naturalization Service upon the
granting of the motion to reopen.
227
(B) EFFECTIVE DATE.—The amendments
made by subparagraph (A) shall take effect as
if included in the enactment of the amendments
made by 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 Im-
migrant 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 ef-
fect) (8 U.S.C. 1252b(c)(3)) does not apply if
the basis of the motion is to apply for relief
under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) of the Immigration and National-
ity 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 section 244(a)(3)
228
of such Act (as so in effect) (8 U.S.C.
1254(a)(3)) and 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.—Paragraph (1) shall
apply to motions filed by aliens who—
(i) are, or were, in deportation pro-
ceedings under the Immigration and Na-
tionality Act (as in effect before the title
IIIA effective date in section 309 of the Il-
legal 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), (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 section 244(a)(3) of
such Act (as in effect before the title III–
A effective date in section 309 of the Ille-
229
gal 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 En-
forcement Act of 1994 (Public Law
103–322; 108 Stat. 1953 et seq.); or
(II) section 627(c) of this sub-
title.
SEC. 632. REMEDYING PROBLEMS WITH IMPLEMENTATION
OF THE VIOLENCE AGAINST WOMEN ACT’S
IMMIGRATION PROVISIONS.
(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)) is amended by adding at the end the
following new clause:
‘‘(vii) For the purposes of any petition filed under
clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A),
denaturalization, loss or renunciation, or changes to the
abuser’s citizenship status after filing of the petition shall
not preclude the classification of the eligible self-petition-
ing spouse, child, or son or daughter.’’
230
(2) LOSS OF STATUS.—Section 204(a)(1)(B) of
the Immigration and Nationality Act (8 U.S.C.
1154(a) (1) (A)) is amended by adding at the end
the following new clause:
‘‘(v)(I) For the purposes of petitions filed or approved
under clauses (ii), (iii), and (iv) of section 204(a)(1)(B),
loss of lawful permanent residence status by a spouse or
parent after the filing of a petition under that clause shall
not adversely affect adjudication of the petition, and, for
an approved petition, shall not affect the alien’s ability to
adjust status under section 245(a) or obtain status as a
lawful permanent resident based on the approved self-peti-
tion under clauses (ii), (iii), and (iv) of section
204(a)(1)(B).
‘‘(II) Upon the lawful permanent resident spouse or
parent becoming a United States citizen through natu-
ralization, acquisition of citizenship, or other means, any
petition filed with the Immigration and Naturalization
Service and pending or approved under clause (ii), (iii),
or (iv) of section 204(a)(1)(B) shall be automatically re-
classified as a petition filed under section 204(a)(1)(A) of
this Act even if the acquisition of citizenship occurs after
divorce or termination of parental rights.’’.
(b) EXEMPTION FOR BATTERED IMMIGRANT WOMEN
WHO ENTERED THE UNITED STATES ON FIANCE´ VISAS
231
FROM
CONDITIONAL
RESIDENCY
STATUS
REQUIRE-
MENT.—
(1) Section 245(d) of the Immigration and Na-
tionality Act (8 U.S.C. 1255(d)) is amended by add-
ing at the end the following: ‘‘This subsection shall
not apply to aliens who seek adjustment of status on
the basis of an approved self-petition under clause
(iii), (iv), (v), or (vi) of section 204(a)(1)(A) or clas-
sification under clause (ii), (iii), or (iv) of section
204(a)(1)(B).’’.
(c) GRANTING VAWA SELF-PETITIONERS ACCESS
TO EVIDENCE THE IMMIGRATION AND NATURALIZATION
SERVICE HOLDS IN THE IMMIGRATION FILE OF AN ABU-
SIVE SPOUSE.—
(1) 
FREEDOM
OF
INFORMATION.—Section
552a(b) of title 5, United States Code, is amended:
(A) at the end of paragraph (11) by strik-
ing ‘‘and’’;
(B) at the end of paragraph (12) by strik-
ing the period and inserting ‘‘; and’’; and
(C) by adding after paragraph (12) the fol-
lowing new paragraph:
‘‘(13) to the spouse, child, or son or daughter
of a naturalized United States citizen or lawful per-
manent resident who requests information from the
232
Immigration and Naturalization Service regarding
the immigration status of their spouse or parent, or
who needs to obtain documentation in the form of
official document or public records or copies thereof
contained in the immigration file of a spouse or par-
ent for the purpose of obtaining immigration relief
or other domestic violence-related court or adminis-
trative remedies. This subsection shall not apply to
the file or records of a person who has presented
to the Immigration and Naturalization Service evi-
dence in the form of a judicial finding, administra-
tive determination, or a police report demonstrating
that the naturalized citizen or lawful permanent
resident has been battered or subjected to extreme
cruelty.’’.
(d) REQUIRING PROSECUTOR COOPERATION WITH
BATTERED IMMIGRANT VAWA APPLICANTS.—
(1) GRANTING ACCESS.—Section 2101(c) of the
Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796hh(c)) is amended by inserting
before the period ‘‘, certify that their laws, policies,
and practices do not discourage or prohibit prosecu-
tors and law enforcement officers from granting ac-
cess to information about the immigration status of
a domestic violence perpetrator to the victim, the
233
child, son, or daughter or their advocate so long as
release of the information does not jeopardize ongo-
ing prosecution of the abuser’’.
SEC. 633. WAIVERS AND EXCEPTIONS TO INADMISSIBILITY
FOR OTHERWISE QUALIFIED BATTERED IM-
MIGRANTS.
(a) WAIVERS.—
(1) DISCRETIONARY WAIVERS FOR CERTAIN IN-
ADMISSIBILITY
AND
REMOVAL
GROUNDS.—Section
212 of the Immigration and Nationality Act (8
U.S.C. 1182) is amended by adding at the end the
following:
‘‘(r) WAIVER OF SECTION 212.—The Attorney Gen-
eral, in the Attorney General’s discretion, may waive any
provision of section 212 (other than paragraphs (3),
(10)(A), (10)(D), and (10)(E) of subsection (a)) for hu-
manitarian purposes, to assure family unity, or when it
is otherwise in the public interest except in the case of
section 212(a)(2) or section 212(a)(6)(C) waivers, the
alien must demonstrate a connection between the crime
or disqualifying act and battery or extreme cruelty for any
alien who qualifies for—
‘‘(1) status 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); or
234
‘‘(2) 
relief 
under 
section 
240A(b)(2) 
or
244(a)(3) (as in effect before the enactment of the
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996).’’.
(b) OFFERING EQUAL ACCESS TO VAWA IMMIGRA-
TION PROTECTIONS FOR ALL QUALIFIED BATTERED IM-
MIGRANT SELF-PETITIONERS.—
(1) ELIMINATING CONNECTION BETWEEN BAT-
TERY
AND
UNLAWFUL
ENTRY.—Section
212(a)(6)(A)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1182) is amended by:
(A) striking subclause (III) and
(B) striking the comma at the end of sub-
clause (I) and inserting ‘‘, and’’; and
(C) striking ‘‘; and’’ in subclause (II) and
inserting a period.
(2) 
ADDITIONAL
WAIVERS.—Section
212(a)(9)(A)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(9)(A)(iii)) is amended by
adding at the end the following: ‘‘Clauses (i) and (ii)
shall also not apply to aliens to whom the Attorney
General has granted status 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).’’.
236
‘‘(bb) the alien was not the
principal or primary perpetrator
of violence in the relationship;
‘‘(cc) the alien was found to
have violated a protection order
intended to protect the alien; or
‘‘(dd) the alien committed
the crime for which the alien was
convicted under duress from the
person who subjected the alien to
battering or extreme cruelty; or
(II) for humanitarian purposes.’’.
SEC. 634. CALCULATION OF PHYSICAL PRESENCE IN VAWA
CANCELLATION OF REMOVAL AND SUSPEN-
SION OF DEPORTATION.
(a) CANCELLATION OF REMOVAL PROCEEDINGS.—
Section 240A(d)(2) of the Immigration and Nationality
Act (8 U.S.C. 1229b(d)(2)) is amended to read as follows:
‘‘(2) TREATMENT
OF
CERTAIN
BREAKS
IN
PRESENCE.—An alien shall be considered to have
failed to maintain continuous physical presence in
the United States under subsections (b)(1) and
(b)(2) if the alien has departed from the United
States for any period in excess of 90 days or for pe-
riods in the aggregate exceeding 180 days. In the
237
case of an alien applying for cancellation of removal
under subsection (b)(2), the Attorney General may
waive the provisions of this subsection for humani-
tarian purposes, if the alien demonstrates a substan-
tial connection between the absences and the battery
or extreme cruelty forming the basis of the applica-
tion for cancellation of removal under section
240A(b)(2).’’.
(b) SUSPENSION OF DEPORTATION PROCEEDINGS.—
Section 244(a)(3) of the Immigration and Nationality
Act (as in effect before the title III–A effective date of
the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (Public Law 104–208; 110 Stat.
3009–625)) (8 U.S.C. 1254(a)(3)) is amended by adding
at the end the following: ‘‘The Attorney General may
waive the physical presence requirement for humanitarian
purposes if the alien demonstrates a substantial connec-
tion between the absences and the battery or extreme cru-
elty forming the basis of the application for suspension
of deportation.’’.
238
SEC. 635. IMPROVED ACCESS TO VAWA IMMIGRATION PRO-
TECTIONS 
FOR 
BATTERED 
IMMIGRANT
WOMEN.
(a) DEFINITION.—Section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)) is amended by
adding at the end the following new paragraph:
‘‘(50) The term ‘intended spouse’ means any
alien who meets the criteria set forth in section
204(j)(1)(B) or 204(k)(1)(B).’’.
(b) ENSURING PROTECTION FOR ABUSED CHILDREN
AND CHILDREN OF BATTERED IMMIGRANTS.—Section
101(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1)) is amended by striking ‘‘or’’ at the end
of subparagraph (E), by striking the period at the end
of subparagraph (F) and inserting ‘‘; or’’, and by adding
at the end the following:
‘‘(G) a child who turns 21 years old re-
mains a child under this section for the pur-
poses of clauses (iii) and (iv) of section
204(a)(1)(A), clauses (ii) and (iii) of section
204 (a)(1)(B), section 240A(b)(2), and section
244(a)(3) (as in effect before the date of the
enactment of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996) if,
on the date a petition or application was filed
239
by the child or their parent under any of these
sections the child—
‘‘(i) met the definition of child in sub-
paragraphs (A) through (F) of this para-
graph; and
‘‘(ii) was under the age of 21 on the
date the application or petition was filed.’’.
(c) IMMEDIATE RELATIVE STATUS FOR SELF-PETI-
TIONERS 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 fol-
lows:
‘‘(iii) An alien who is described in subsection (j) may
file a petition with the Attorney General under this clause
for classification of the alien (and any child of the alien
as defined in section 101(b)(1)(G) if such a child has not
been 
classified 
under 
clause 
(iv) 
of 
section
201(b)(2)(A)(i)) if the alien demonstrates to the Attorney
General that—
‘‘(I) the marriage or the intent to marry the
United States citizen was entered into in good faith
by the alien; and
240
‘‘(II) during the marriage or relationship in-
tended 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.’’.
(B) DEFINITION.—Section 204 of the Im-
migration and Nationality Act is amended (8
U.S.C. 1154) by adding at the end the follow-
ing:
‘‘(j) DEFINITION.—An alien described in subsection
(a)(1)(A)(iii) is an alien—
‘‘(1)(A) who is the spouse of a citizen of the
United States;
‘‘(B)(i) who believed in good faith that he or
she had married a citizen of the United States;
‘‘(ii) whose marriage to such citizen would oth-
erwise meet the definition of qualifying marriage
under section 216(d)(1)(A)(i); and
‘‘(iii) who otherwise meets any applicable re-
quirements 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
‘‘(C) who was a bona fide spouse of a United
States citizen within the past two years (and who
241
demonstrates a substantial connection between the
legal termination of the marriage and battering or
extreme cruelty by the United States citizen spouse;
‘‘(2) who is a person of good moral character;
‘‘(3) who is eligible to be classified as an imme-
diate 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 in-
tended to marry; and
‘‘(4) who has resided with the alien’s spouse or
intended spouse.’’.
(2) GUARANTEEING ACCESS TO VAWA RELIEF
FOR BATTERED IMMIGRANTS BROUGHT INTO THE
UNITED STATES ON FIANCE´ VISAS.—For aliens who
entered the country on fiance´ visas, failure to marry
the sponsor or failure to marry the sponsor within
90 days as required under section 101(a)(15)(K) (8
U.S.C. 1101(a)(15)(K)) shall not bar access to relief
under this section to aliens who otherwise qualify.
(3) 
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 (as defined in section 101(a)(1)(G)), who
242
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 has resided with the citizen par-
ent may file a petition with the Attorney General under
this subparagraph for classification 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. An alien child filing under this section shall
continue to be considered a child for purposes of this sec-
tion and section 245 if on the date of filing the child was
under the age of 21.’’.
(4) 
SELF-PETITIONING
PARENTS.—Section
204(a)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)(A)), as amended by sec-
tion 632(a), is amended by adding at the end the
following:
‘‘(v) An alien who is the parent of a citizen of the
United States, 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 has resided with
citizen daughter or son may file a petition with the Attor-
ney General under this subparagraph for classification of
the alien under such section if the alien demonstrates to
the Attorney General that during the period of residence
244
‘‘(vii) An alien who is the spouse, intended spouse,
child, parent, son, or daughter of a United States citizen
abroad and who is eligible to file a petition under this sub-
section shall file such petition with the Attorney General
under the procedures that apply to applicants under
clauses (iii), (iv), (v), and (vi) of this section.’’.
(d) SECOND PREFERENCE IMMIGRATION STATUS
FOR SELF-PETITIONERS MARRIED TO LAWFUL PERMA-
NENT 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) An alien who is described in subsection (k) may
file a petition with the Attorney General under this clause
for classification of the alien (and any child of the alien
as defined in section 101(b)(1)(G)) 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—
‘‘(I) the marriage or the intent to marry the
lawful permanent resident was entered into in good
faith by the alien; and
‘‘(II) during the marriage or relationship in-
tended by the alien to be legally a marriage, the
245
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.’’.
(2) DEFINITION.—Section 204 of the Immigra-
tion and Nationality Act (8 U.S.C. 1154), as amend-
ed by paragraph (3)(A)(ii), is amended by adding at
the end the following:
‘‘(k) DEFINITION.—An alien described in subsection
(a)(1)(B)(ii) is an alien—
‘‘(1)(A) who is the spouse of a lawful perma-
nent resident of the United States; or
‘‘(B)(i) who believed in good faith that he or
she had married a lawful permanent resident of the
United States;
‘‘(ii) whose marriage to such lawful permanent
resident would otherwise meet the definition of
qualifying marriage under section 216(d)(1)(A)(i);
and
‘‘(iii) who otherwise meets any applicable re-
quirements 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
246
‘‘(iv) who was a bona fide spouse of a United
States citizen within the past two years (and who
demonstrates a substantial connection between the
legal termination of the marriage and battering or
extreme cruelty by the United States citizen spouse;
‘‘(2) who is a person of good moral character;
‘‘(3) who is eligible to be classified as a spouse
of an alien lawfully admitted for permanent resi-
dence 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
‘‘(4) who has resided in the United States 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 as defined in section
101(b)(1)(G), who is a person of good moral character,
who 
is 
eligible 
for 
classification 
under 
section
203(a)(2)(A), and who has resided with the alien’s perma-
nent resident alien parent may file a petition with the At-
torney General under this subparagraph for classification
247
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. An alien child
filing under this section shall continue to be considered
a child for purposes of this section and section 245 if on
the date of filing the child was under the age of 21.’’.
(4) SELF-PETITIONING SON OR DAUGHTER.—
Section 204(a)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1154(a)(1)(B)), as amended
by section 632(a)(2), is amended by adding at the
end the following:
‘‘(vi) An alien who is the son or daughter of a citizen
of the United States, who is a person of good moral char-
acter, who is eligible for classification by reason of a rela-
tionship described in paragraph (2) of section 203(a), and
who resides or has resided in the past with the citizen par-
ent may file a petition with the Attorney General under
this clause for classification of the alien under such section
if the alien demonstrates to the Attorney General that
during the period of residence with the citizen parent the
alien has been battered by, or has been the subject of ex-
treme cruelty perpetrated by, the alien’s citizen parent.’’.
(5) 
FILING
OF
PETITIONS.—Section
204(a)(1)(B) of the Immigration and Nationality
248
Act (8 U.S.C. 1154(a)(1)(B)), as amended by para-
graph (4), is amended by adding at the end the fol-
lowing new clause:
‘‘(vii) An alien who is the spouse, intended spouse,
child, son, or daughter of a lawful permanent resident liv-
ing abroad is eligible to file a petition under this sub-
section shall file such petition with the Attorney General
under the procedures that apply to applicants under sec-
tion 204(a)(1)(B)(ii) and (iii).’’.
(6) TREATMENT
OF
DERIVATIVES.—Section
203(d) of the Immigration and Nationality Act (8
U.S.C. 1153(d)) is amended by adding at the end
the following: ‘‘Alien sons and daughters included as
children 
in 
self-petitions 
filed 
under 
sections
204(a)(1)(A)(iii) and 204(a)(1)(B)(ii) shall be enti-
tled to the same status and the same order of con-
sideration of accompanying or following to join, as
the self-petitioner.’’.
SEC. 636. IMPROVED ACCESS TO VAWA CANCELLATION OF
REMOVAL.
(a) CANCELLATION OF REMOVAL AND ADJUSTMENT
OF
STATUS
FOR
CERTAIN
NONPERMANENT
RESI-
DENTS.—Section 240A(b)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1229b(b)(2)) is amended to read
as follows:
249
‘‘(2) SPECIAL
RULE
FOR
BATTERED
SPOUSE
OR
CHILD.—
‘‘(A) IN GENERAL.—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) the alien has been battered or sub-
jected to extreme cruelty in the United States
by a spouse, parent, son, or daughter who is 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 in
the United States by such citizen parent), or by
a spouse or parent who is a lawful permanent
resident (or is the parent of a child of a lawful
permanent resident and the child has been bat-
tered or subjected to extreme cruelty in the
United States by such permanent resident par-
ent), or by a United States citizen or lawful
permanent resident whom the alien intended to
marry, but whose marriage is not legitimate be-
cause of that United States citizen’s or lawful
permanent resident’s bigamy;
250
‘‘(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; 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; and
‘‘(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), and has not been
convicted of an aggravated felony, unless the
Attorney General waives application of this
clause for humanitarian purposes, to assure
family unity or when it is otherwise in the pub-
lic interest.
In acting on applications under this paragraph, the
Attorney General shall consider any credible evi-
dence 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. For aliens who entered the
country on fiance´ visas failure to marry the sponsor,
251
or failure to marry the sponsor within 90 days as re-
quired under section 101(a)(15)(K) shall not bar ac-
cess to relief under this section to aliens who other-
wise qualify.
‘‘(B) INCLUSION OF OTHER ALIENS IN PETI-
TION.—An alien applying for relief under this sec-
tion may include—
‘‘(i) the alien’s children, sons, or daughters
in the alien’s application and, if the alien is
found eligible for suspension or cancellation, the
Attorney General may adjust the status of the
alien’s children, sons, daughters; or
‘‘(ii) the alien’s parent in the alien child’s
(as defined in section 101(b)(1)(G)) application
in the case of an application filed by an alien
who was abused by a citizen or lawful perma-
nent resident parent and, if the alien child is
found eligible for suspension or cancellation, the
Attorney General may adjust the status of both
the alien child applicant and the alien child’s
parent.
‘‘(C) INCLUSION OF OTHER ALIENS IN PETITIONS.—
An alien applying for relief under section 244(a)(3) (as
in effect before the date of the enactment of Illegal Immi-
252
gration Reform and Immigrant Responsibility Act of
1996) may include—
‘‘(i) the alien’s children, sons, or daughters in
the alien child’s application and, if the alien is found
eligible for suspension or cancellation, the Attorney
General may adjust the status of the alien’s chil-
dren, sons, or daughters; or
‘‘(ii) the alien’s parent in the alien child’s (as
defined in section 101(b)(1)(G)) application in the
case of an application filed by an alien who was
abused by a citizen or lawful permanent resident
parent and, if the alien child is found eligible for
suspension or cancellation, the Attorney General
may adjust the status of both the alien child appli-
cant and the alien child’s parent.’’.
(b) EFFECTIVE DATE.—The change in law rep-
resented by clause (ii) of section 240A(b)(2)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1229b(b)(2))
shall take effect as if included in the enactment of section
304 of the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (Public Law 104–208 110 Stat.
587).
SEC. 637. GOOD MORAL CHARACTER DETERMINATIONS.
(a) DETERMINATIONS OF GOOD MORAL CHARACTER
FOR SELF-PETITIONING IMMEDIATE RELATIVES.—
253
Section 204(a)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding
at the end the following:
‘‘(ix)(I) 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 waive the bar to issuing a finding of good moral
character in the case of an alien who otherwise qualifies
for relief under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A), but who—
‘‘(aa) has been convicted of, or who pled guilty
to, violating a court order issued to protect the alien;
‘‘(bb) has been convicted of, or pled guilty to,
prostitution if the alien was forced into prostitution
by an abuser;
‘‘(cc) has been convicted of, or pled guilty to,
committing a crime under duress from the person
who battered or subjected the alien to extreme cru-
elty;
‘‘(dd) has been convicted of, or pled guilty to,
a domestic violence-related crime, if the Attorney
General determines that the alien acted in self-de-
fense; or
‘‘(ee) has been convicted of, or pled guilty to,
committing a crime where there was a connection
254
between the commission of the crime and having
been battered or subjected to extreme cruelty.
‘‘(II) After finding that an alien has been battered
or subjected to extreme cruelty and is otherwise eligible
for relief under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A), the Attorney General may make a finding
of good moral character under section 101(f) with respect
to the alien despite the existence of any conviction listed
in subclause (I) or any other disqualifying act that is con-
nected to the battery or extreme cruelty.’’.
(b) DETERMINATIONS OF GOOD MORAL CHARACTER
FOR SELF-PETITIONERS SEEKING SECOND PREFERENCE
IMMIGRATION STATUS.—Section 204(a)(1)(B) of the Im-
migration and Nationality Act (8 U.S.C. 1154(a)(1)(B)),
as amended by section 630(a)(4)(D), is amended by add-
ing at the end the following:
‘‘(vii)(I) For the purposes of making good moral
character determinations under this subparagraph, the At-
torney General is not limited by the criminal court record
and may waive the bar to issuing a finding of good moral
character in the case of an alien who otherwise qualifies
for relief under clause (ii), (iii), or (iv) of section
204(a)(1)(B), but who—
‘‘(aa) has been convicted of, or who pled guilty
to, violating a court order issued to protect the alien;
255
‘‘(bb) has been convicted of, or pled guilty to,
prostitution where the alien was forced into prostitu-
tion by an abuser;
‘‘(cc) has been convicted of, or pled guilty to,
committing a crime under duress from the person
who battered or subjected the alien to extreme cru-
elty;
‘‘(dd) has been convicted of, or pled guilty to,
a domestic violence-related crime, if the Attorney
General determines that the alien acted in self-de-
fense; or
‘‘(ee) has been convicted of, or pled guilty to,
committing a crime where there was a connection
between the commission of the crime and having
been battered or subjected to extreme cruelty.
‘‘(II) After finding that an alien has been battered
or subjected to extreme cruelty and is otherwise eligible
for relief under clauses (ii), (iii), and (iv) of section
204(a)(1)(B), the Attorney General may in the Attorney
General’s sole discretion make a finding of good moral
character despite the existence of any conviction listed in
subclause (I) of this clause or any other disqualifying
criminal act that is connected to the battery or extreme
cruelty.’’.
256
(c) DETERMINATIONS OF GOOD MORAL CHARACTER
IN VAWA CANCELLATION OF REMOVAL PROCEEDINGS.—
Section 240A(b)(2) of the Immigration and Nationality
Act (8 U.S.C. 1229b(b)(2)), as amended by section
636(a), is amended by adding at the end the following—
‘‘(D) GOOD
MORAL
CHARACTER
DETER-
MINATIONS.—For the purposes of making good
moral character determinations under sub-
sections (b)(2) and (b)(3) the Attorney General
is not limited by the criminal court record and
may make a finding of good moral character in
the case of an alien who has been battered or
subjected to extreme cruelty but who—
‘‘(i) has been convicted of, or who
pled guilty to, violating a court order is
sued to protect the alien;
‘‘(ii) has been convicted of, or pled
guilty to, prostitution, if the alien was
forced into prostitution by an abuser;
‘‘(iii) has been convicted of or pled
guilty to committing a crime if the alien
committed the crime under duress from
the person who battered or subjected the
alien to extreme cruelty;
306
tim, by a person with whom the victim shares
a child in common, by a person who is cohabit-
ing with or has cohabited with the victim, by a
person who is or has been in a continuing social
relationship of a romantic or intimate nature
with the victim, by a person similarly situated
to a spouse of the victim under the domestic or
family violence laws of the jurisdiction, or by
any other person against a victim who is pro-
tected from that person’s acts under the domes-
tic or family violence laws of the jurisdiction.
‘‘(C) SEXUAL ASSAULT.—The term ‘sexual
assault’ means any conduct proscribed by chap-
ter 109A of title 18, United States Code,
whether or not the conduct occurs in the special
maritime and territorial jurisdiction of the
United States or in a Federal prison and in-
cludes both assaults committed by offenders
who are strangers to the victim and assaults
committed by offenders who are known to the
victim or related by blood or marriage to the
victim.
‘‘(3) EMPLOYEE AND EMPLOYER.—
307
‘‘(A) PARTNERS
AND
PARTNERSHIPS.—
The term ‘employee’ includes a partner and the
term ‘employer’ includes a partnership.
‘‘(B) RELATED
PERSONS.—Persons shall
be treated as related to each other if such per-
sons are treated as a single employer under
subsection (a) or (b) of section 52.
‘‘(c) COORDINATION WITH OTHER PROVISIONS.—No
credit or deduction shall be allowed under any other provi-
sion of this title for any amount for which a credit is al-
lowed under this section.’’
(b) TREATMENT AS GENERAL BUSINESS CREDIT.—
(1) IN GENERAL.—Subsection (b) of section 38
of such Code (relating to general business credit) is
amended by striking ‘‘plus’’ at the end of paragraph
(11), by striking the period at the end of paragraph
(12) and inserting ‘‘, plus’’, and by adding at the
end the following:
‘‘(13) the workplace safety program credit de-
termined under section 45D.’’
(2) TRANSITIONAL RULE FOR CARRYBACKS.—
Subsection (d) of section 39 of such Code (relating
to transitional rules) is amended by adding at the
end the following: