DIVISION B--VIOLENCE
AGAINST WOMEN ACT OF 2000
SEC. 1001. SHORT TITLE.
This division may be cited as the ''Violence Against Women Act
of 2000''.
SEC. 1002. DEFINITIONS.
In this division--
(1) the term ''domestic violence'' has the meaning given the term
in section 2003 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2);and
(2) the term ''sexual assault'' has the meaning given the term
in section 2003 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2).
SEC. 1003. ACCOUNTABILITY AND OVERSIGHT.
(a) Report by Grant Recipients.--The Attorney General or Secretary
of Health and Human Services, as applicable, shall require grantees
under any program authorized or reauthorized by this division or
an amendment made by this division to report on the effectiveness
of the activities carried out with amounts made available to carry
out that program, including number of persons served, if applicable,
numbers of persons seeking services who could not be served and
such other information as the Attorney General or Secretary may
prescribe.
(b) Report to Congress.--The Attorney General or Secretary of Health
and Human Services, as applicable, shall report biennially to the
Committees on the Judiciary of the House of Representatives and
the Senate on the grant programs described in subsection (a), including
the information contained in any report under that subsection.
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TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE
VIOLENCE AGAINST WOMEN
SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT
OF PROTECTION ORDERS.
(a) IN GENERAL.--Part U of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.)is amended--
(1) in the heading, by adding ''AND ENFORCEMENT OF PROTECTION
ORDERS'' at the end;
(2) in section 2101(b)--
(A) in paragraph (6), by inserting ''(including juvenile courts)''
after ''courts''; and
(B) by adding at the end the following:
''(7) To provide technical assistance and computer and other equipment
to police departments, prosecutors, courts, and tribal jurisdictions
to facilitate the widespread enforcement of protection orders,
including interstate enforcement, enforcement between States and
tribal jurisdictions, and enforcement between tribal jurisdictions.'';
and
(3) in section 2102--
(A) in subsection (b)--
(i) in paragraph (1), by striking ''and'' at the end;
(ii) in paragraph (2), by striking the period at the end and inserting
'', including the enforcement of protection orders from other States
and jurisdictions (including tribal jurisdictions);''; and (iii)
by adding at the end the following:
''(3) have established cooperative agreements or can demonstrate
effective ongoing collaborative arrangements with neighboring jurisdictions
to facilitate the enforcement of protection orders from other States
and jurisdictions (including tribal jurisdictions); and
''(4) in applications describing plans to further the purposes
stated in paragraph (4) or (7) of section 2101(b), will give priority
to using the grant to develop and install data collection and communication
systems, including computerized systems, and training on how to
use these systems effectively to link police, prosecutors, courts,
and tribal jurisdictions for the purpose of identifying and tracking
protection orders and violations of protection orders, in those
jurisdictions where such systems do not exist or are not fully
effective.''; and
(B) by adding at the end the following:
''(c) DISSEMINATION OF INFORMATIOn.--The Attorney General shall
annually compile and broadly disseminate (including through electronic
publication) information about successful data collection and communication
systems that meet the purposes described in this section. Such
dissemination shall target States, State and local courts, Indian
tribal governments, and units of local government.''.
(b) PROTECTION ORDERS.--
(1) FILING COSTS.--Section 2006 of part T of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-5)
is amended--
(A) in the heading, by striking ''FILINGS'' and
inserting''AND PROTECTION ORDERS'' after ''CHARGES'';
(B) in subsection (a)--
(i) by striking paragraph (1) and inserting the following:
''(1) certifies that its laws, policies, and practices do not require,
in connection with the prosecution of any misdemeanor or felony
domestic violence offense, or in connection with the filing, issuance,
registration, or service of a protection order, or a petition for
a protection order, to protect a victim of domestic violence, stalking,
or sexual assault, that the victim bear the costs associated with
the filing of criminal charges against the offender, or the costs
associated with the filing, issuance, registration, or service
of a warrant, protection order, petition for a protection order,
or witness subpoena, whether issued inside or outside the State,
tribal, or local jurisdiction;
or''; and
(ii) in paragraph (2)(B), by striking ''2 years'' and inserting
''2 years after the date of the enactment of the Violence Against
Women Act of 2000''; and
(C) by adding at the end the following:
''(c) DEFINITION.--In this section, the term 'protection order'
has the meaning given the term in section 2266 of title 18, United
States Code.''.
(2) ELIGIBILITY FOR GRANTS TO ENCOURAGE ARREST POLICIES.--
Section 2101 of part U of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
(A) in subsection (c), by striking paragraph (4) and inserting
the following:
''(4) certify that their laws, policies, and practices do not require,
in connection with the prosecution of any misdemeanor or felony
domestic violence offense, or in connection with the filing, issuance,
registration, or service of a protection order, or a petition for
a protection order, to protect a victim of domestic violence, stalking,
or sexual assault, that the victim bear the costs associated with
the filing of criminal charges against the offender, or the costs
associated with the filing, issuance, registration, or service
of a warrant, protection order, petition for a protection order,
or witness subpoena, whether issued inside or outside the State,
tribal, or local jurisdiction.'';
and
(B) by adding at the end the following:
''(d) DEFINITION.--In this section, the term 'protection order'
has the meaning given the term in section 2266 of title 18, United
States Code.''.
(3) APPLICATION FOR GRANTS TO ENCOURAGE ARREST POLICIES.--
Section 2102(a)(1)(B) of part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-1(a)(1)(B))
is amended by inserting before the semicolon the following: ''or,
in the case of the condition set forth in subsection 2101(c)(4),
the expiration of the 2-year period beginning on the date the of
the enactment of the Violence Against Women Act of 2000''.
(4) REGISTRATION FOR PROTECTION ORDERS.--Section 2265
of title 18, United States Code, is amended by adding at the end
the following:
''(d) NOTIFICATION AND REGISTRATION.--
''(1) NOTIFICATION.--A State or Indian tribe according full faith
and credit to an order by a court of another State or Indian tribe
shall not notify or require notification of the party against whom
a protection order has been issued that the protection order has
been registered or filed in that enforcing State or tribal jurisdiction
unless requested to do so by the party protected under such order.
''(2) NO PRIOR REGISTRATION OR FILING AS PREREQUISITE FOR ENFORCEMENT.--Any
protection order that is otherwise consistent with this section
shall be accorded full faith and credit, notwithstanding failure
to comply with any requirement that the order be registered or
filed in the enforcing State or tribal jurisdiction.
''(e) TRIBAL COURT JURISDICTION.--For purposes of this section,
a tribal court shall have full civil jurisdiction to enforce protection
orders, including authority to enforce any orders through civil
contempt proceedings, exclusion of violators from Indian lands,
and other appropriate mechanisms, in matters arising within the
authority of the tribe.''.
(c) TECHNICAL AMENDMENT.--The table of contents for title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended in the item relating to part U, by adding
''AND ENFORCEMENT OF PROTECTION ORDERS'' at the end.
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SEC. 1102. ROLE OF COURTS.
(a) COURTS AS ELIGIBLE STOP SUBGRANTEES.--Part T of title I of
the Omnibus Crime Control and Safe Streets Act of 1968(42 U.S.C.
3796gg et seq.) is amended--
(1) in section 2001--
(A) in subsection (a), by striking ''Indian tribal governments,''
and inserting ''State and local courts (including juvenile courts),
Indian tribal governments, tribal courts,'';
and
(B) in subsection (b)--
(i) in paragraph (1), by inserting '', judges, other court personnel,''
after ''law enforcement officers''; (ii) in paragraph (2), by inserting
'', judges, other court personnel,'' after ''law enforcement officers'';
and
(iii) in paragraph (3), by inserting '', court,'' after ''police'';
and
(2) in section 2002--
(A) in subsection (a), by inserting ''State and local courts (including
juvenile courts),'' after ''States,'' the second place it appears;
(B) in subsection (c), by striking paragraph (3) and inserting
the following:
''(3) of the amount granted--
''(A) not less than 25 percent shall be allocated to police and
not less than 25 percent shall be allocated to prosecutors;
''(B) not less than 30 percent shall be allocated to victim services;
and
''(C) not less than 5 percent shall be allocated for State and
local courts (including juvenile courts); and'';
and
(C) in subsection (d)(1), by inserting ''court,'' after ''law enforcement,''.
(b) ELIGIBLE GRANTEES; USE OF GRANTS FOR EDUCATION.--
Section 2101 of part U of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
(1) in subsection (a), by inserting ''State and local courts (including
juvenile courts), tribal courts,'' after ''Indian tribal governments,'';
(2) in subsection (b)--
(A) by inserting ''State and local courts (including juvenile courts),''
after ''Indian tribal governments'';
(B) in paragraph (2), by striking ''policies and'' and inserting
''policies, educational programs, and'';
(C) in paragraph (3), by inserting ''parole and probation officers,''
after ''prosecutors,''; and
(D) in paragraph (4), by inserting ''parole and probation officers,''
after ''prosecutors,'';
(3) in subsection (c), by inserting ''State and local courts (including
juvenile courts),'' after ''Indian tribal governments'';
and
(4) by adding at the end the following:
''(e) ALLOTMENT FOR INDIAN TRIBES.--Not less than 5 percent of
the total amount made available for grants under this section for
each fiscal year shall be available for grants to Indian tribal
governments.''.
SEC. 1103. REAUTHORIZATION OF STOP GRANTS.
(a) REAUTHORIZATION.--Section 1001(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))is
amended by striking paragraph (18) and inserting the following:
''(18) There is authorized to be appropriated to carry out part
T $185,000,000 for each of fiscal years 2001 through 2005.''.
(b) GRANT PURPOSES.--Part T of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.)is amended--
(1) in section 2001--
(A) in subsection (b)--
(i) in paragraph (5), by striking ''racial, cultural, ethnic, and
language minorities'' and inserting ''under-served populations'';
(ii) in paragraph (6), by striking ''and'' at the end;
(iii) in paragraph (7), by striking the period at the end and inserting
a semicolon; and
(iv) by adding at the end the following:
''(8) supporting formal and informal statewide, multidisciplinary
efforts, to the extent not supported by State funds, to coordinate
the response of State law enforcement agencies, prosecutors, courts,
victim services agencies, and other State agencies and departments,
to violent crimes against women, including the crimes of sexual
assault, domestic violence, and dating violence;
''(9) training of sexual assault forensic medical personnel examiners
in the collection and preservation of evidence, analysis, prevention,
and providing expert testimony and treatment of trauma related
to sexual assault;''; and
(B) by adding at the end the following:
''(c) STATE COALITION GRANTS.--
''(1) PURPOSE.--The Attorney General shall award grants to each
State domestic violence coalition and sexual assault coalition
for the purposes of coordinating State victim services activities,
and collaborating and coordinating with Federal, State, and local
entities engaged in violence against women activities.
''(2) GRANTS TO STATE COALITIONS.--The Attorney General shall award
grants to--
''(A) each State domestic violence coalition, as determined by
the Secretary of Health and Human Services through the Family Violence
Prevention and Services Act (42 U.S.C. 10410 et seq.); and
''(B) each State sexual assault coalition, as determined by the
Center for Injury Prevention and Control of the Centers for Disease
Control and Prevention under the Public Health Service Act (42
U.S.C. 280b et seq.).
''(3) ELIGIBILITY FOR OTHER GRANTS.--Receipt of an award under
this subsection by each State domestic violence and sexual assault
coalition shall not preclude the coalition from receiving additional
grants under this part to carry out the purposes described in subsection
(b).'';
(2) in section 2002(b)--
(A) by redesignating paragraphs (2) and (3) as paragraphs (5) and
(6), respectively;
(B) in paragraph (1), by striking ''4 percent'' and inserting ''5
percent'';
(C) in paragraph (5), as redesignated, by striking ''$500,000''
and inserting ''$600,000''; and
(D) by inserting after paragraph (1) the following:
''(2) 2.5 percent shall be available for grants for State domestic
violence coalitions under section 2001(c), with the coalition for
each State, the coalition for the District of Columbia, the coalition
for the Commonwealth of Puerto Rico, and the coalition for the
combined Territories of the United States, each receiving an amount
equal to 1 /54 of the total amount made available under this paragraph
for each fiscal year;
''(3) 2.5 percent shall be available for grants for State sexual
assault coalitions under section 2001(c), with the coalition for
each State, the coalition for the District of Columbia, the coalition
for the Commonwealth of Puerto Rico, and the coalition for the
combined Territories of the United States, each receiving an amount
equal to 1 /54 of the total amount made available under this paragraph
for each fiscal year;
''(4) 1 /54 shall be available for the development and operation
of nonprofit tribal domestic violence and sexual assault coalitions
in Indian country;'';
(3) in section 2003, by striking paragraph (7) and inserting the
following:
''(7) the term 'underserved populations' includes populations underserved
because of geographic location (such as rural isolation), underserved
racial and ethnic populations, populations underserved because
of special needs (such as language barriers, disabilities, alienage
status, or age), and any other population determined to be underserved
by the State planning process in consultation with the Attorney
General;'';
and
(4) in section 2004(b)(3), by inserting '', and the membership
of persons served in any underserved population'' before the semicolon.
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SEC. 1104. REAUTHORIZATION OF GRANTS TO
ENCOURAGE ARREST POLICIES.
Section 1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking
paragraph (19) and inserting the following:
''(19) There is authorized to be appropriated to carry out part
U $65,000,000 for each of fiscal years 2001 through 2005.''.
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SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC
VIOLENCE AND CHILD ABUSE ENFORCEMENT GRANTS.
Section 40295(c) of the Violence Against Women Act of 1994(42 U.S.C.
13971(c)) is amended--
(1) by striking paragraph (1) and inserting the following:
''(1) IN GENERAL.--There is authorized to be appropriated to carry
out this section $40,000,000 for each of fiscal years 2001 through
2005.''; and
(2) by adding at the end the following:
''(3) ALLOTMENT FOR INDIAN TRIBES.--Not less than 5 percent of
the total amount made available to carry out this section for each
fiscal year shall be available for grants to Indian tribal governments.''.
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SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE
REDUCTION.
(a) REAUTHORIZATION.--Section 40603 of the Violence Against Women
Act of 1994 (42 U.S.C. 14032) is amended to read as follows:
''SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
''There is authorized to be appropriated to carry out this subtitle
$3,000,000 for each of fiscal years 2001 through 2005.''.
(b) TECHNICAL AMENDMENT.--Section 40602(a) of the Violence Against
Women Act of 1994 (42 U.S.C. 14031 note) is amended by inserting
''and implement'' after ''improve''.
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SEC. 1107. AMENDMENTS TO DOMESTIC VIOLENCE
AND STALKING OFFENSES.
(a) INTERSTATE DOMESTIC VIOLENCE.--Section 2261 of title 18, United
States Code, is amended by striking subsection (a) and inserting
the following:
''(a) OFFENSES.--
''(1) TRAVEL OR CONDUCT OF OFFENDER.--A person who travels in interstate
or foreign commerce or enters or leaves Indian country with the
intent to kill, injure, harass, or intimidate a spouse or intimate
partner, and who, in the course of or as a result of such travel,
commits or attempts to commit a crime of violence against that
spouse or intimate partner, shall be punished as provided in subsection
(b).
''(2) CAUSING TRAVEL OF VICTIM.--A person who causes a spouse or
intimate partner to travel in interstate or foreign commerce or
to enter or leave Indian country by force, coercion, duress, or
fraud, and who, in the course of, as a result of, or to facilitate
such conduct or travel, commits or attempts to commit a crime of
violence against that spouse or intimate partner, shall be punished
as provided in subsection (b).''.
(b) INTERSTATE STALKING.--
(1) IN GENERAL.--Section 2261A of title 18, United States Code,
is amended to read as follows:
''§ 2261A. Interstate stalking
''Whoever--
''(1) travels in interstate or foreign commerce or within the special
maritime and territorial jurisdiction of the United States, or
enters or leaves Indian country, with the intent to kill, injure,
harass, or intimidate another person, and in the course of, or
as a result of, such travel places that person in reasonable fear
of the death of, or serious bodily injury to, that person, a member
of the immediate family (as defined in section 115) of that person,
or the spouse or intimate partner of that person; or
''(2) with the intent--
''(A) to kill or injure a person in another State or tribal jurisdiction
or within the special maritime and territorial jurisdiction of
the United States; or
''(B) to place a person in another State or tribal jurisdiction,
or within the special maritime and territorial jurisdiction of
the United States, in reasonable fear of the death of, or serious
bodily injury to--
''(i) that person;
''(ii) a member of the immediate family (as defined in section
115) of that person; or
''(iii) a spouse or intimate partner of that person, uses the mail
or any facility of interstate or foreign commerce to engage in
a course of conduct that places that person in reasonable fear
of the death of, or serious bodily injury to, any of the persons
described in clauses (i) through (iii), shall be punished as provided
in section 2261(b).''.
(2) AMENDMENT OF FEDERAL SENTENCING GUIDELINES.--
(A) IN GENERAL-Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing Commission
shall amend the Federal Sentencing Guidelines to reflect the amendment
made by this subsection.
(B) FACTORS FOR CONSIDERATION.--In carrying out subparagraph (A),
the Commission shall consider--
(i) whether the Federal Sentencing Guidelines relating to stalking
offenses should be modified in light of the amendment made by this
subsection; and
(ii) whether any changes the Commission may make to the Federal
Sentencing Guidelines pursuant to clause (i) should also be made
with respect to
offenses under chapter 110A of title 18, United States Code.
(c) INTERSTATE VIOLATION OF PROTECTION ORDER.--Section 2262 of
title 18, United States Code, is amended by striking sub-section
(a) and inserting the following:
''(a) OFFENSES.--
''(1) TRAVEL OR CONDUCT OF OFFENDER.--A person who travels in interstate
or foreign commerce, or enters or leaves Indian country, with the
intent to engage in conduct that violates the portion of a protection
order that prohibits or provides protection against violence, threats,
or harassment against, contact or communication with, or physical
proximity to, another person, or that would violate such a portion
of a protection order in the jurisdiction in which the order was
issued, and subsequently engages in such conduct, shall be punished
as provided in subsection (b).
''(2) CAUSING TRAVEL OF VICTIM.--A person who causes another person
to travel in interstate or foreign commerce or to enter or leave
Indian country by force, coercion, duress, or fraud, and in the
course of, as a result of, or to facilitate such conduct or travel
engages in conduct that violates the portion of a protection order
that prohibits or provides protection against violence, threats,
or harassment against, contact or communication with, or physical
proximity to, another person, or that would violate such a portion
of a protection order in the jurisdiction in which the order was
issued, shall be punished as provided in subsection (b).''.
(d) DEFINITIONS.--Section 2266 of title 18, United States Code,
is amended to read as follows:
''§ 2266. Definitions
''In this chapter:
''(1) BODILY INJURY.--The term 'bodily injury' means any act, except
one done in self-defense, that results in physical injury or sexual
abuse.
''(2) COURSE OF CONDUCT.--The term 'course of conduct' means a
pattern of conduct composed of 2 or more acts, evidencing a continuity
of purpose.
''(3) ENTER OR LEAVE INDIAN COUNTRY.--The term 'enter or leave
Indian country' includes leaving the jurisdiction of 1 tribal government
and entering the jurisdiction of another tribal government.
''(4) INDIAN COUNTRY.--The term 'Indian country' has the meaning
stated in section 1151 of this title.
''(5) PROTECTION ORDER.--The term 'protection order' includes any
injunction or other order issued for the purpose of preventing
violent or threatening acts or harassment against, or contact or
communication with or physical proximity to, another person, including
any temporary or final order issued by a civil and criminal court
(other than a support or child custody order issued pursuant to
State divorce and child custody laws, except to the extent that
such an order is entitled to full faith and credit under other
Federal law) whether obtained by filing an independent action or
as a pendente lite order in another proceeding so long as any civil
order was issued in response to a complaint, petition, or motion
filed by or on behalf of a person seeking protection.
''(6) SERIOUS BODILY INJURY.--The term 'serious bodily injury'
has the meaning stated in section 2119(2).
''(7) SPOUSE OR INTIMATE PARTNER.--The term 'spouse or intimate
partner' includes--
''(A) for purposes of--
''(i) sections other than 2261A, a spouse or former spouse of the
abuser, a person who shares a child in common with the abuser,
and a person who cohabits
or has cohabited as a spouse with the abuser; and
''(ii) section 2261A, a spouse or former spouse of the target of
the stalking, a person who shares a child in common with the target
of the stalking, and a person who cohabits or has cohabited as
a spouse with the target of the stalking; and
''(B) any other person similarly situated to a spouse who is protected
by the domestic or family violence laws of the State or tribal
jurisdiction in which the injury occurred or where the victim resides.
''(8) STATE.--The term 'State' includes a State of the United States,
the District of Columbia, and a commonwealth, territory, or possession
of the United States.
''(9) TRAVEL IN INTERSTATE OR FOREIGN COMMERCE.--The term 'travel
in interstate or foreign commerce' does not include travel from
1 State to another by an individual who is a member of an Indian
tribe and who remains at all times in the territory of the Indian
tribe of which the individual is a member.''.
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SEC. 1108. SCHOOL AND CAMPUS SECURITY.
(a) GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN ON CAMPUS.--Section
826 of the Higher Education Amendments of 1998 (20 U.S.C. 1152)
is amended--
(1) in paragraphs (2), (6), (7), and (9) of subsection (b),
by striking ''and domestic violence'' and inserting ''domestic
violence, and dating violence'';
(2) in subsection (c)(2)(B), by striking ''and domestic violence''
and inserting '', domestic violence and dating violence'';
(3) in subsection (f )--
(A) by redesignating paragraphs (1), (2), and (3) as paragraphs
(2), (3), and (4), respectively;
(B) by inserting before paragraph (2) (as redesignated by subparagraph
(A)) the following:
''(1) the term 'dating violence' means violence committed by a
person--
''(A) who is or has been in a social relationship of a romantic
or intimate nature with the victim; and
''(B) where the existence of such a relationship shall be determined
based on a consideration of the following factors:
''(i) the length of the relationship;
''(ii) the type of relationship; and
''(iii) the frequency of interaction between the persons involved
in the relationship.'';
(C) in paragraph (2) (as redesignated by subparagraph
(A)), by inserting '', dating'' after ''domestic'' each place the
term appears; and
(D) in paragraph (4) (as redesignated by subparagraph (A))--
(i) by inserting ''or a public, nonprofit organization acting in
a nongovernmental capacity'' after ''organization'';
(ii) by inserting '', dating violence'' after ''assists domestic
violence'';
(iii) by striking ''or domestic violence'' and inserting '', domestic
violence or dating violence''; and
(iv) by inseluding the placement and use of metal detectors and
other deterrent measures, at schools and on school grounds.
''(b) USES OF FUNDS.--Grants awarded under this section shall be
distributed directly to the State, unit of local government, or
Indian tribe, and shall be used to improve security at schools
and on school grounds in the jurisdiction of the grantee through
one or more of the following:
''(1) Placement and use of metal detectors, locks, lighting, and
other deterrent measures.
''(2) Security assessments.
''(3) Security training of personnel and students.
''(4) Coordination with local law enforcement.
''(5) Any other measure that, in the determination of the Attorney
General, may provide a significant improvement in security.
''(c) PREFERENTIAL CONSIDERATION.--In awarding grants under this
part, the Attorney General shall give preferential consideration,
if feasible, to an application from a jurisdiction that has a demonstrated
need for improved security, has a demonstrated need for financial
assistance, and has evidenced the ability to make the improvements
for which the grant amounts are sought.
''(d) MATCHING FUNDS.--
''(1) The portion of the costs of a program provided by a grant
under subsection (a) may not exceed 50 percent.
''(2) Any funds appropriated by Congress for the activities of
any agency of an Indian tribal government or the Bureau of Indian
Affairs performing law enforcement functions on any Indian lands
may be used to provide the non-Federal share of a matching requirement
funded under this subsection.
''(3) The Attorney General may provide, in the guidelines implementing
this section, for the requirement of paragraph (1) to be waived
or altered in the case of a recipient with a financial need for
such a waiver or alteration.
''(e) EQUITABLE DISTRIBUTION--In awarding grants under this part,
the Attorney General shall ensure, to the extent practicable, an
equitable geographic distribution among the regions of the United
States and among urban, suburban, and rural areas.
''(f ) ADMINISTRATIVE COSTS.--The Attorney General may reserve
not more than 2 percent from amounts appropriated to carry out
this part for administrative costs.
''SEC. 2702. APPLICATIONS.
''(a) IN GENERAL.--To request a grant under this part, the chief
executive of a State, unit of local government, or Indian tribe
shall submit an application to the Attorney General at such time,
in such manner, and accompanied by such information as the Attorney
General may require. Each application shall--
''(1) include a detailed explanation of--
''(A) the intended uses of funds provided under the grant; and
''(B) how the activities funded under the grant will meet the purpose
of this part; and
''(2) be accompanied by an assurance that the application was prepared
after consultation with individuals not limited to law enforcement
officers (such as school violence researchers, child psychologists,
social workers, teachers, principals, and other school personnel)
to ensure that the improvements to be funded under the grant are--
''(A) consistent with a comprehensive approach to preventing school
violence; and
''(B) individualized to the needs of each school at which those
improvements are to be made.
''(b) GUIDELINES.--Not later than 90 days after the date of the
enactment of this part, the Attorney General shall promulgate guidelines
to implement this section (including the information that must
be included and the requirements that the States, units of local
government, and Indian tribes must meet) in submitting the applications
required under this section.
''SEC. 2703. ANNUAL REPORT TO CONGRESS.
''Not later than November 30th of each year, the Attorney General
shall submit a report to the Congress regarding the activities
carried out under this part. Each such report shall include, for
the preceding fiscal year, the number of grants funded under this
part, the amount of funds provided under those grants, and the
activities for which those funds were used.
''SEC. 2704. DEFINITIONS.
''For purposes of this part--
''(1) the term 'school' means a public elementary or secondary
school;
''(2) the term 'unit of local government' means a county, municipality,
town, township, village, parish, borough, or other unit of general
government below the State level; and
''(3) the term 'Indian tribe' has the same meaning as in section
4(e) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e)).
''SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.
''There are authorized to be appropriated to carry out this part
$30,000,000 for each of fiscal years 2001 through 2003.''.
************************************************************************************************************
SEC. 1109. DATING VIOLENCE.
(a) DEFINITIONS.--
(1) SECTION 2003.--Section 2003 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-
2) is amended--
(A) in paragraph (8), by striking the period at the end and inserting
''; and''; and
(B) by adding at the end the following:
''(9) the term 'dating violence' means violence committed by a
person--
''(A) who is or has been in a social relationship of a romantic
or intimate nature with the victim; and
''(B) where the existence of such a relationship shall be determined
based on a consideration of the following factors:
''(i) the length of the relationship;
''(ii) the type of relationship; and
''(iii) the frequency of interaction between the persons involved
in the relationship.''.
(2) SECTION 2105.--Section 2105 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
4) is amended--
(A) in paragraph (1), by striking ''and'' at the end;
(B) in paragraph (2), by striking the period at the end and inserting
''; and''; and
(C) by adding at the end the following:
''(3) the term 'dating violence' means violence committed by a
person--
''(A) who is or has been in a social relationship of a romantic
or intimate nature with the victim; and
''(B) where the existence of such a relationship shall be determined
based on a consideration of the following factors:
''(i) the length of the relationship;
''(ii) the type of relationship; and
''(iii) the frequency of interaction between the persons involved
in the relationship.''.
(b) STOP GRANTS.--Section 2001(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b))is amended--
(1) in paragraph (1), by striking ''sexual assault and domestic
violence'' and inserting ''sexual assault, domestic violence, and
dating violence''; and
(2) in paragraph (5), by striking ''sexual assault and domestic
violence'' and inserting ''sexual assault, domestic violence, and
dating violence''.
(c) GRANTS TO ENCOURAGE ARREST POLICIES.--Section 2101(b)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796hh(b)) is amended--
(1) in paragraph (2), by inserting ''and dating violence'' after
''domestic violence''; and
(2) in paragraph (5), by inserting ''and dating violence'' after
''domestic violence''.
(d) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT.--
Section 40295(a) of the Safe Homes for Women Act of 1994 (42 U.S.C.
13971(a)) is amended--
(1) in paragraph (1), by inserting ''and dating violence (as defined
in section 2003 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3996gg-2))'' after ''domestic violence'';
and
(2) in paragraph (2), by inserting ''and dating violence (as defined
in section 2003 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3996gg-2))'' after ''domestic violence''.
************************************************************************************************************
TITLE II--STRENGTHENING SERVICES TO VICTIMS
OF VIOLENCE
SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS.
(a) IN GENERAL.--The purpose of this section is to enable the Attorney
General to award grants to increase the availability of legal assistance
necessary to provide effective aid to victims of domestic violence,
stalking, or sexual assault who are seeking relief in legal matters
arising as a consequence of that abuse or violence, at minimal
or no cost to the victims.
(b) DEFINITIONS.--In this section:
(1) DOMESTIC VIOLENCE.--The term ''domestic violence'' has the
meaning given the term in section 2003 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
(2) LEGAL ASSISTANCE FOR VICTIMS.--The term ''legal assistance''
includes assistance to victims of domestic violence, stalking,
and sexual assault in family, immigration, administrative agency,
or housing matters, protection or stay away order proceedings,
and other similar matters. No funds made available under this section
may be used to provide financial assistance in support of any litigation
described in paragraph (14)of section 504 of Public Law 104-134.
(3) SEXUAL ASSAULT.--The term ''sexual assault'' has the meaning
given the term in section 2003 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
(c) LEGAL ASSISTANCE FOR VICTIMS GRANTS.--The Attorney General
may award grants under this subsection to private non-profit entities,
Indian tribal governments, and publicly funded organizations not
acting in a governmental capacity such as law schools, and which
shall be used--
(1) to implement, expand, and establish cooperative efforts and
projects between domestic violence and sexual assault victim services
organizations and legal assistance providers to provide legal assistance
for victims of domestic violence, stalking, and sexual assault;
(2) to implement, expand, and establish efforts and projects to
provide legal assistance for victims of domestic violence, stalking,
and sexual assault by organizations with a demonstrated history
of providing direct legal or advocacy services on behalf of these
victims; and
(3) to provide training, technical assistance, and data collection
to improve the capacity of grantees and other entities to offer
legal assistance to victims of domestic violence, stalking, and
sexual assault.
(d) ELIGIBILITY.--To be eligible for a grant under subsection (c),
applicants shall certify in writing that--
(1) any person providing legal assistance through a program funded
under subsection (c) has completed or will complete training in
connection with domestic violence or sexual assault and related
legal issues;
(2) any training program conducted in satisfaction of the requirement
of paragraph (1) has been or will be developed with input from
and in collaboration with a State, local, or tribal domestic violence
or sexual assault program or coalition, as well as appropriate
State and local law enforcement officials;
(3) any person or organization providing legal assistance through
a program funded under subsection (c) has informed and will continue
to inform State, local, or tribal domestic violence or sexual assault
programs and coalitions, as well as appropriate State and local
law enforcement officials of their work; and
(4) the grantee's organizational policies do not require mediation
or counseling involving offenders and victims physically together,
in cases where sexual assault, domestic violence, or child sexual
abuse is an issue.
(e) EVALUATION.--The Attorney General may evaluate the grants funded
under this section through contracts or other arrangements with
entities expert on domestic violence, stalking, and sexual assault,
and on evaluation research.
(f ) AUTHORIZATION OF APPROPRIATIONS.--
(1) IN GENERAL.--There is authorized to be appropriated to carry
out this section $40,000,000 for each of fiscal years 2001 through
2005.
(2) ALLOCATION OF FUNDS.--
(A) TRIBAL PROGRAMS.--Of the amount made available under this subsection
in each fiscal year, not less than 5 percent shall be used for
grants for programs that assist victims of domestic violence, stalking,
and sexual assault on lands within the jurisdiction of an Indian
tribe.
(B) VICTIMS OF SEXUAL ASSAULT.--Of the amount made available under
this subsection in each fiscal year, not less than 25 percent shall
be used for direct services, training, and technical assistance
to support projects focused solely or primarily on providing legal
assistance to victims of sexual assault.
(3) NONSUPPLANTATION.--Amounts made available under this section
shall be used to supplement and not supplant other Federal, State,
and local funds expended to further the purpose of this section.
************************************************************************************************************
SEC. 1202. SHELTER SERVICES FOR BATTERED WOMEN
AND CHILDREN.
(a) REAUTHORIZATION.--Section 310(a) of the Family Violence Prevention
and Services Act (42 U.S.C. 10409(a)) is amended to read as follows:
''(a) IN GENERAL.--There are authorized to be appropriated to carry
out this title $175,000,000 for each of fiscal years 2001 through
2005.''.
(b) STATE MINIMUM; REALLOTMENT.--Section 304 of the Family Violence
Prevention and Services Act (42 U.S.C. 10403) is amended--
(1) in subsection (a), by striking ''for grants to States for any
fiscal year'' and all that follows and inserting the following:
''and available for grants to States under this subsection for
any fiscal year--
''(1) Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands shall each be
allotted not less than 1 /8 of 1 percent of the amounts available
for grants under section 303(a) for the fiscal year for which the
allotment is made; and
''(2) each State shall be allotted for payment in a grant authorized
under section 303(a), $600,000, with the remaining funds to be
allotted to each State in an amount that bears the same ratio to
such remaining funds as the population of such State bears to the
population of all States.'';
(2) in subsection (c), in the first sentence, by inserting ''and
available'' before ''for grants''; and
(3) by adding at the end the following:
''(e) In subsection (a)(2), the term ''State'' does not include
any jurisdiction specified in subsection (a)(1).''.
SEC. 1203. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS
OF DOMESTIC VIOLENCE.
Title III of the Family Violence Prevention and Services Act (42
U.S.C. 10401 et seq.) is amended by adding at the end the following:
''SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.
''(a) IN GENERAL.--The Secretary shall award grants under this
section to carry out programs to provide assistance to individuals,
and their dependents--
''(1) who are homeless or in need of transitional housing or other
housing assistance, as a result of fleeing a situation of domestic
violence; and
''(2) for whom emergency shelter services are unavailable or insufficient.
''(b) ASSISTANCE DESCRIBED.--Assistance provided under this section
may include--
''(1) short-term housing assistance, including rental or utilities
payments assistance and assistance with related expenses, such
as payment of security deposits and other costs incidental to relocation
to transitional housing, in cases in which assistance described
in this paragraph is necessary to prevent homelessness because
an individual or dependent is fleeing a situation of domestic violence;
and
''(2) support services designed to enable an individual or dependent
who is fleeing a situation of domestic violence to locate and secure
permanent housing, and to integrate the individual or dependent
into a community, such as transportation, counseling, child care
services, case management, employment counseling, and other assistance.
''(c) TERM OF ASSISTANCE.--
''(1) IN GENERAL.--Subject to paragraph (2), an individual or dependent
assisted under this section may not receive assistance under this
section for a total of more than 12 months.
''(2) WAIVER.--The recipient of a grant under this section may
waive the restrictions of paragraph (1) for up to an additional
6-month period with respect to any individual (and dependents of
the individual) who has made a good-faith effort to acquire permanent
housing and has been unable to acquire the housing.
''(d) REPORTS.--
''(1) REPORT TO SECRETARY.--
''(A) IN GENERAL.--An entity that receives a grant under this section
shall annually prepare and submit to the Secretary a report describing
the number of individuals and dependents assisted, and the types
of housing assistance and support services provided, under this
section.
''(B) CONTENTS.--Each report shall include information on--
''(i) the purpose and amount of housing assistance provided to
each individual or dependent assisted under this section;
''(ii) the number of months each individual or dependent received
the assistance;
''(iii) the number of individuals and dependents who were eligible
to receive the assistance, and to whom the entity could not provide
the assistance solely due to a lack of available housing; and
''(iv) the type of support services provided to each individual
or dependent assisted under this section.
''(2) REPORT TO CONGRESS.--The Secretary shall annually prepare
and submit to the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate a report that
contains a compilation of the information contained in reports
submitted under paragraph (1).
''(e) EVALUATION, MONITORING, AND ADMINISTRATION.--Of the amount
appropriated under subsection (f ) for each fiscal year, not more
than 1 percent shall be used by the Secretary for evaluation, monitoring,
and administrative costs under this section.
''(f ) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to
be appropriated to carry out this section $25,000,000 for fiscal
year 2001.''.
************************************************************************************************************
SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.
Section 316(f ) of the Family Violence Prevention and Services
Act (42 U.S.C. 10416(f )) is amended by striking paragraph (1)and
inserting the following:
''(1) IN GENERAL.--There are authorized to be appropriated to carry
out this section $2,000,000 for each of fiscal years 2001 through
2005.''.
SEC. 1205. FEDERAL VICTIMS COUNSELORS.
Section 40114 of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322; 108 Stat. 1910) is amended by
striking ''(such as District of Columbia)--'' and all that follows
and inserting ''(such as District of Columbia), $1,000,000 for
each of fiscal years 2001 through 2005.''.
**********************************************************************************************************************
SEC. 1206. STUDY OF STATE LAWS REGARDING
INSURANCE DISCRIMINATION AGAINST VICTIMS OF VIOLENCE AGAINST
WOMEN.
(a) IN GENERAL.--The Attorney General shall conduct a national
study to identify State laws that address discrimination against
victims of domestic violence and sexual assault related to issuance
or administration of insurance policies.
(b) REPORT.--Not later than 1 year after the date of the enactment
of this Act, the Attorney General shall submit to Congress a report
on the findings and recommendations of the study required by subsection
(a).
SEC. 1207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST
WOMEN.
The Attorney General shall--
(1) conduct a national survey of plans, programs, and practices
developed to assist employers and employees on appropriate responses
in the workplace related to victims of domestic violence, stalking,
or sexual assault; and
(2) not later than 18 months after the date of the enactment of
this Act, submit to Congress a report describing the results of
that survey, which report shall include the recommendations of
the Attorney General to assist employers and employees affected
in the workplace by incidents of domestic violence, stalking, and
sexual assault.
SEC. 1208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS
OF VIOLENCE AGAINST WOMEN.
The Secretary of Labor, in consultation with the Attorney General,
shall--
(1) conduct a national study to identify State laws that address
the separation from employment of an employee due to circumstances
directly resulting from the experience of domestic violence by
the employee and circumstances governing that receipt (or nonreceipt)
by the employee of unemployment compensation based on such separation;
and
(2) not later than 1 year after the date of the enactment of this
Act, submit to Congress a report describing the results of that
study, together with any recommendations based on that study.
************************************************************************************************************
SEC. 1209. ENHANCING PROTECTIONS FOR OLDER
AND DISABLED WOMEN FROM DOMESTIC VIOLENCE AND SEXUAL ASSAULT.
(a) ELDER ABUSE, NEGLECT, AND EXPLOITATION.--The Violence Against
Women Act of 1994 (108 Stat. 1902 et seq.) is amended by adding
at the end the following:
''Subtitle H--Elder Abuse, Neglect, and Exploitation, Including
Domestic Violence and Sexual Assault Against Older or Disabled
Individuals
''SEC. 40801. DEFINITIONS.
''In this subtitle:
''(1) IN GENERAL.--The terms 'elder abuse, neglect, and exploitation',
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) DOMESTIC VIOLENCE.--The term 'domestic violence' has the
meaning given such term by section 2003 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
''(3) SEXUAL ASSAULT.--The term 'sexual assault' has the meaning
given the term in section 2003 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
''SEC. 40802. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS.
''The Attorney General may make grants for training programs to
assist law enforcement officers, prosecutors, and relevant officers
of Federal, State, tribal, and local courts in recognizing, addressing,
investigating, and prosecuting instances of elder abuse, neglect,
and exploitation and violence against individuals with disabilities,
including domestic violence and sexual assault, against older or
disabled individuals.
''SEC. 40803. AUTHORIZATION OF APPROPRIATIONS.
''There are authorized to be appropriated to carry out this subtitle
$5,000,000 for each of fiscal years 2001 through 2005.''.
(b) PROTECTIONS FOR OLDER AND DISABLED INDIVIDUALS FROM DOMESTIC
VIOLENCE AND SEXUAL ASSAULT IN PRO-ARREST GRANTS.--Section 2101(b)
of part U of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796hh et seq.)is amended by adding at the
end the following:
''(8) To develop or strengthen policies and training for police,
prosecutors, and the judiciary in recognizing, investigating, and
prosecuting instances of domestic violence and sexual assault against
older individuals (as defined in section 102 of the Older Americans
Act of 1965 (42 U.S.C. 3002))and individuals with disabilities
(as defined in section 3(2)of the Americans with Disabilities Act
of 1990 (42 U.S.C.12102(2))).''.
(c) PROTECTIONS FOR OLDER AND DISABLED INDIVIDUALS FROM DOMESTIC
VIOLENCE AND SEXUAL ASSAULT IN STOP GRANTS.--
Section 2001(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg(b)) (as amended by section
1103(b) of this division) is amended by adding at the end the following:
''(10) developing, enlarging, or strengthening programs to assist
law enforcement, prosecutors, courts, and others to address the
needs and circumstances of older and disabled women who are victims
of domestic violence or sexual assault, including recognizing,
investigating, and prosecuting instances of such violence or assault
and targeting outreach and support,
counseling, and other victim services to such older and disabled
individuals; and''.
***********************************************************************************************************
TITLE III--LIMITING THE EFFECTS OF VIOLENCE
ON CHILDREN
SEC. 1301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM.
(a) IN GENERAL.--The Attorney General may award grants to States,
units of local government, and Indian tribal governments that propose
to enter into or expand the scope of existing contracts and cooperative
agreements with public or private nonprofit entities to provide
supervised visitation and safe visitation exchange of children
by and between parents in situations involving domestic violence,
child abuse, sexual assault, or stalking.
(b) CONSIDERATIONS.--In awarding grants under subsection (a),
the Attorney General shall take into account--
(1) the number of families to be served by the proposed visitation
programs and services;
(2) the extent to which the proposed supervised visitation programs
and services serve underserved populations (as defined in section
2003 of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-2));
(3) with respect to an applicant for a contract or cooperative
agreement, the extent to which the applicant demonstrates cooperation
and collaboration with nonprofit, nongovernmental entities in the
local community served, including the State or tribal domestic
violence coalition, State or tribal sexual assault coalition, local
shelters, and programs for domestic violence and sexual assault
victims; and
(4) the extent to which the applicant demonstrates coordination
and collaboration with State and local court systems, including
mechanisms for communication and referral.
(c) APPLICANT REQUIREMENTS.--The Attorney General shall award grants
for contracts and cooperative agreements to applicants that--
(1) demonstrate expertise in the area of family violence, including
the areas of domestic violence or sexual assault, as appropriate;
(2) ensure that any fees charged to individuals for use of programs
and services are based on the income of those individuals, unless
otherwise provided by court order;
(3) demonstrate that adequate security measures, including adequate
facilities, procedures, and personnel capable of preventing violence,
are in place for the operation of supervised visitation programs
and services or safe visitation exchange;
and
(4) prescribe standards by which the supervised visitation or safe
visitation exchange will occur.
(d) REPORTING.--
(1) IN GENERAL.--Not later than 1 year after the last day of the
first fiscal year commencing on or after the date of the enactment
of this Act, and not later than 180 days after the last day of
each fiscal year thereafter, the Attorney General shall submit
to Congress a report that includes information concerning--
(A) the number of--
(i) individuals served and the number of individuals turned away
from visitation programs and services and safe visitation exchange
(categorized by State);
(ii) the number of individuals from underserved populations served
and turned away from services; and
(iii) the type of problems that underlie the need for supervised
visitation or safe visitation exchange, such as domestic violence,
child abuse, sexual assault, other physical abuse, or a combination
of such factors;
(B) the numbers of supervised visitations or safe visitation exchanges
ordered under this section during custody determinations under
a separation or divorce decree or protection order, through child
protection services or other social services agencies, or by any
other order of a civil, criminal, juvenile, or family court;
(C) the process by which children or abused partners are protected
during visitations, temporary custody transfers, and other activities
for which supervised visitation is established under this section;
(D) safety and security problems occurring during the reporting
period during supervised visitation under this section, including
the number of parental abduction cases;
and
(E) the number of parental abduction cases in a judicial district
using supervised visitation programs and services under this section,
both as identified in criminal prosecution and custody violations.
(2) GUIDELINES.--The Attorney General shall establish guidelines
for the collection and reporting of data under this subsection.
(e) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of
fiscal years 2001 and 2002.
(f ) ALLOTMENT FOR INDIAN TRIBES.--Not less than 5 percent of the
total amount made available for each fiscal year to carry out this
section shall be available for grants to Indian tribal governments.
SEC. 1302. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PROGRAMS.
(a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.--Section 218 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13014) is amended
by striking subsection (a) and inserting the following:
''(a) AUTHORIZATION.--There is authorized to be appropriated to
carry out this subtitle $12,000,000 for each of fiscal years 2001
through 2005.''.
(b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND PRACTITIONERS.--Section
224 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024)
is amended by striking subsection (a) and inserting the following:
''(a) AUTHORIZATION.--There is authorized to be appropriated to
carry out this subtitle $2,300,000 for each of fiscal years 2001
through 2005.''.
(c) GRANTS FOR TELEVISED TESTIMONY.--Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)) is amended by striking paragraph (7) and inserting the
following:
''(7) There is authorized to be appropriated to carry out part
N $1,000,000 for each of fiscal years 2001 through 2005.''.
(d) DISSEMINATION OF INFORMATION.--The Attorney General shall--
(1) annually compile and disseminate information (including through
electronic publication) about the use of amounts expended and the
projects funded under section 218(a) of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13014(a)), section 224(a) of the Victims
of Child Abuse Act of 1990 (42 U.S.C. 13024(a)), and section 1007(a)(7)
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793(a)(7)), including any evaluations of the projects
and information to enable replication and adoption of the strategies
identified in the projects; and
(2) focus dissemination of the information described in paragraph
(1) toward community-based programs, including domestic violence
and sexual assault programs.
SEC. 1303. REPORT ON EFFECTS OF PARENTAL KIDNAPING LAWS
IN DOMESTIC VIOLENCE CASES.
(a) IN GENERAL.--The Attorney General shall--
(1) conduct a study of Federal and State laws relating to child
custody, including custody provisions in protection orders, the
Uniform Child Custody Jo the Parental Kidnaping Prevention Act
of 1980 and the amendments made by that Act, the Attorney General
shall examine the sufficiency of defenses to parental abduction
charges available in cases involving domestic violence, and the
burdens and risks encountered by victims of domestic violence arising
from jurisdictional requirements of that Act and the amendments
made by that Act.
(c) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be
appropriated to carry out this section $200,000 for fiscal year
2001.
(d) CONDITION FOR CUSTODY DETERMINATION.--Section 1738A(c)(2)(C)(ii)
of title 28, United States Code, is amended by striking ''he''
and inserting ''the child, a sibling, or parent of the child''.
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TITLE IV--STRENGTHENING EDUCATION AND TRAINING
TO COMBAT VIOLENCE AGAINST WOMEN
SEC. 1401. RAPE PREVENTION AND EDUCATION.
(a) IN GENERAL.--Part J of title III of the Public Health Service
Act (42 U.S.C. 280b et seq.) is amended by inserting after section
393A the following:
''SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
''(a) PERMITTED USE.--The Secretary, acting through the National
Center for Injury Prevention and Control at the Centers for Disease
Control and Prevention, shall award targeted grants to States to
be used for rape prevention and education programs conducted by
rape crisis centers, State sexual assault coalitions, and other
public and private nonprofit entities for--
''(1) educational seminars;
''(2) the operation of hotlines;
''(3) training programs for professionals;
''(4) the preparation of informational material;
''(5) education and training programs for students and campus personnel
designed to reduce the incidence of sexual assault at colleges
and universities;
''(6) education to increase awareness about drugs used to facilitate
rapes or sexual assaults; and
''(7) other efforts to increase awareness of the facts about, or
to help prevent, sexual assault, including efforts to increase
awareness in underserved communities and awareness among individuals
with disabilities (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)).
''(b) COLLECTION AND DISSEMINATION OF INFORMATION ON SEXUAL ASSAULT.--The
Secretary shall, through the National Resource Center on Sexual
Assault established under the National Center for Injury Prevention
and Control at the Centers for Disease Control and Prevention,
provide resource information, policy, training, and technical assistance
to Federal, State, local, and Indian tribal agencies, as well as
to State sexual assault coalitions and local sexual assault programs
and to other professionals and interested parties on issues relating
to sexual assault, including maintenance of a central resource
library in order to collect, prepare, analyze, and disseminate
information and statistics and analyses thereof relating to the
incidence and prevention of sexual assault.
''(c) AUTHORIZATION OF APPROPRIATIONS.--
''(1) IN GENERAL.--There is authorized to be appropriated to carry
out this section $80,000,000 for each of fiscal years 2001 through
2005.
''(2) NATIONAL RESOURCE CENTER ALLOTMENT.--Of the total amount
made available under this subsection in each fiscal year, not more
than the greater of $1,000,000 or 2 percent of such amount shall
be available for allotment under sub-section (b).
''(d) LIMITATIONS.--
''(1) SUPPLEMENT NOT SUPPLANT.--Amounts provided to States under
this section shall be used to supplement and not supplant other
Federal, State, and local public funds expended to provide services
of the type described in subsection (a).
''(2) STUDIES.--A State may not use more than 2 percent of the
amount received by the State under this section for each fiscal
year for surveillance studies or prevalence studies.
''(3) ADMINISTRATION.--A State may not use more than 5 percent
of the amount received by the State under this section for each
fiscal year for administrative expenses.''.
(b) REPEAL.--Section 40151 of the Violence Against Women Act of
1994 (108 Stat. 1920), and the amendment made by such section,
is repealed.
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SEC. 1402. EDUCATION AND TRAINING TO END
VIOLENCE AGAINST AND ABUSE OF WOMEN WITH DISABILITIES.
(a) IN GENERAL.--The Attorney General, in consultation with the
Secretary of Health and Human Services, may award grants to States,
units of local government, Indian tribal governments, and nongovernmental
private entities to provide education and technical assistance
for the purpose of providing training, consultation, and information
on domestic violence, stalking, and sexual assault against women
who are individuals with disabilities (as defined in section 3
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
b) PRIORITIES.--In awarding grants under this section, the Attorney
General shall give priority to applications designed to provide
education and technical assistance on--
(1) the nature, definition, and characteristics of domestic violence,
stalking, and sexual assault experienced by women who are individuals
with disabilities;
(2) outreach activities to ensure that women who are individuals
with disabilities who are victims of domestic violence, stalking,
and sexual assault receive appropriate assistance;
(3) the requirements of shelters and victim services organizations
under Federal anti-discrimination laws, including the Americans
with Disabilities Act of 1990 and section 504 of the Rehabilitation
Act of 1973; and
(4) cost-effective ways that shelters and victim services may accommodate
the needs of individuals with disabilities in accordance with the
Americans with Disabilities Act of 1990.
(c) USES OF GRANTS.--Each recipient of a grant under this section
shall provide information and training to organizations and programs
that provide services to individuals with disabilities, including
independent living centers, disability-related service organizations,
and domestic violence programs providing shelter or related assistance.
(d) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be
appropriated to carry out this section $7,500,000 for each of fiscal
years 2001 through 2005.
**********************************************************************************************************************
Section 318 of the Family Violence Prevention and Services Act
(42 U.S.C. 10418) is amended by striking subsection (h) and inserting
the following:
''(h) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to
be appropriated to carry out this section $6,000,000 for each of
fiscal years 2001 through 2005.''.
SEC. 1404. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY
THE VIOLENCE AGAINST WOMEN ACT OF 1994.
(a) IN GENERAL.--The Attorney General shall--
(1) direct the National Institute of Justice, in consultation and
coordination with the Bureau of Justice Statistics and the National
Academy of Sciences, through its National Research Council, to
develop a research agenda based on the recommendations contained
in the report entitled ''Understanding Violence Against Women''
of the National Academy of Sciences; and
(2) not later than 1 year after the date of the enactment of this
Act, in consultation with the Secretary of the Department of Health
and Human Services, submit to Congress a report which shall include--
(A) a description of the research agenda developed under paragraph
(1) and a plan to implement that agenda;
and
(B) recommendations for priorities in carrying out that agenda
to most effectively advance knowledge about and means by which
to prevent or reduce violence against women.
b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
************************************************************************************************************
SEC. 1405. STANDARDS, PRACTICE, AND TRAINING
FOR SEXUAL ASSAULT FORENSIC EXAMINATIONS.
(a) IN GENERAL.--The Attorney General shall--
(1) evaluate existing standards of training and practice for licensed
health care professionals performing sexual assault forensic examinations
and develop a national recommended standard for training;
(2) recommend sexual assault forensic examination training for
all health care students to improve the recognition of injuries
suggestive of rape and sexual assault and baseline knowledge of
appropriate referrals in victim treatment and evidence collection;
and
(3) review existing national, State, tribal, and local protocols
on sexual assault forensic examinations, and based on this review,
develop a recommended national protocol and establish a mechanism
for its nationwide dissemination.
(b) CONSULTATION.--The Attorney General shall consult with national,
State, tribal, and local experts in the area of rape and sexual
assault, including rape crisis centers, State and tribal sexual
assault and domestic violence coalitions and programs, and programs
for criminal justice, forensic nursing, forensic science, emergency
room medicine, law, social services, and sex crimes in underserved
communities (as defined in section 2003(7) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)),
as amended by this division).
(c) REPORT.--The Attorney General shall ensure that not later than
1 year after the date of the enactment of this Act, a report of
the actions taken pursuant to subsection (a) is submitted to Congress.
(d) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be
appropriated to carry out this section $200,000 for fiscal year
2001.
************************************************************************************************************
SEC. 1406. EDUCATION AND TRAINING FOR JUDGES
AND COURT PERSONNEL.
(a) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL
IN STATE COURTS.--
(1) SECTION 40412.--Section 40412 of the Equal Justice for Women
in the Courts Act of 1994 (42 U.S.C. 13992) is amended--
(A) by striking ''and'' at the end of paragraph (18);
(B) by striking the period at the end of paragraph
(19) and inserting a semicolon; and
(C) by inserting after paragraph (19) the following:
''(20) the issues raised by domestic violence in determining custody
and visitation, including how to protect the safety of the child
and of a parent who is not a predominant aggressor of domestic
violence, the legitimate reasons parents may report domestic violence,
the ways domestic violence may relate to an abuser's desire to
seek custody, and evaluating expert testimony in custody and visitation
determinations involving domestic violence;
''(21) the issues raised by child sexual assault in determining
custody and visitation, including how to protect the safety of
the child, the legitimate reasons parents may report child sexual
assault, and evaluating expert testimony in custody and visitation
determinations involving child sexual assault, including the current
scientifically-accepted and empirically valid research on child
sexual assault;
''(22) the extent to which addressing domestic violence and victim
safety contributes to the efficient administration of justice;
''.
(2) SECTION 40414.--Section 40414(a) of the Equal Justice for Women
in the Courts Act of 1994 (42 U.S.C. 13994(a)) is amended by inserting
''and $1,500,000 for each of the fiscal years 2001 through 2005''
after ''1996''.
(b) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL
IN FEDERAL COURTS.--
(1) SECTION 40421.--Section 40421(d) of the Equal Justice for Women
in the Courts Act of 1994 (42 U.S.C. 14001(d))is amended to read
as follows:
''(d) CONTINUING EDUCATION AND TRAINING PROGRAMS.--The Federal
Judicial Center, in carrying out section 620(b)(3) of title 28,
United States Code, shall include in the educational programs it
prepares, including the training programs for newly appointed judges,
information on the aspects of the topics listed in section 40412
that pertain to issues within the jurisdiction of the Federal courts,
and shall prepare materials necessary to implement this subsection.''.
(2) SECTION 40422.--Section 40422(2) of the Equal Justice for Women
in the Courts Act of 1994 (42 U.S.C. 14002(2)) is amended by inserting
''and $500,000 for each of the fiscal years 2001 through 2005''
after ''1996''.
(c) TECHNICAL AMENDMENTS TO THE EQUAL JUSTICE FOR WOMEN IN THE
COURTS ACT OF 1994.--
(1) ENSURING COLLABORATION WITH DOMESTIC VIOLENCE AND SEXUAL ASSAULT
PROGRAMS.
--Section 40413 of the Equal Justice for Women in the Courts Act
of 1994 (42 U.S.C. 13993) is amended by adding '', including national,
State, tribal, and local domestic violence and sexual assault programs
and coalitions'' after ''victim advocates''.
(2) PARTICIPATION OF TRIBAL COURTS IN STATE TRAINING AND EDUCATION
PROGRAMS.--Section 40411 of the Equal Justice for Women in the
Courts Act of 1994 (42 U.S.C. 13991) is amended by adding at the
end the following: ''Nothing shall preclude the attendance of tribal
judges and court personnel at programs funded under this section
for States to train judges and court personnel on the laws of the
States.''.
(3) USE OF FUNDS FOR DISSEMINATION OF MODEL PROGRAMS.--
Section 40414 of the Equal Justice for Women in the Courts Act
of 1994 (42 U.S.C. 13994) is amended by adding at the end the following:
''(c) STATE JUSTICE INSTITUTE.--The State Justice Institute may
use up to 5 percent of the funds appropriated under this section
for annually compiling and broadly disseminating (including through
electronic publication) information about the use of funds and
about the projects funded under this section, including any evaluations
of the projects and information to enable the replication and adoption
of the projects.''.
(d) DATING VIOLENCE.--
(1) SECTION 40411.--Section 40411 of the Equal Justice for Women
in Courts Act of 1994 (42 U.S.C. 13991) is amended by inserting
''dating violence,'' after ''domestic violence,''.
(2) SECTION 40412.--Section 40412 of such Act (42 U.S.C 13992)
is amended--
(A) in paragraph (10), by inserting ''and dating violence (as defined
in section 2003 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3996gg-2))'' before the semicolon;
(B) in paragraph (11), by inserting ''and dating violence'' after
''domestic violence'';
(C) in paragraph (13), by inserting ''and dating violence'' after
''domestic violence'' in both places that it appears;
(D) in paragraph (17), by inserting ''or dating violence'' after
''domestic violence'' in both places that it appears;
and
(E) in paragraph (18), by inserting ''and dating violence'' after
''domestic violence''.
************************************************************************************************************
SEC. 1407. DOMESTIC VIOLENCE TASK FORCE
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.)
(as amended by section 1209(a) of this division) is amended by
adding at the end the following:
''Subtitle I--Domestic Violence Task Force
''SEC. 40901. TASK FORCE.
''(a) ESTABLISH.--The Attorney General, in consultation with national
nonprofit, nongovernmental organizations whose primary expertise
is in domestic violence, shall establish a task force to coordinate
research on domestic violence and to report to Congress on any
overlapping or duplication of efforts on domestic violence issues.
The task force shall be comprised of representatives from all Federal
agencies that fund such research.
''(b) USES OF FUNDS.--Funds appropriated under this section shall
be used to--
''(1) develop a coordinated strategy to strengthen research focused
on domestic violence education, prevention, and intervention strategies;
''(2) track and report all Federal research and expenditures on
domestic violence; and
''(3) identify gaps and duplication of efforts in domestic violence
research and governmental expenditures on domestic violence issues.
''(c) REPORT.--The Task Force shall report to Congress annually
on its work under subsection (b).
''(d) DEFINITION.--For purposes of this section, the term 'domestic
violence' has the meaning given such term by section 2003 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-2(1)).
''(e) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to
be appropriated to carry out this section $500,000 for each of
fiscal years 2001 through 2004.''.
************************************************************************************************************
TITLE V--BATTERED IMMIGRANT WOMEN
SEC. 1501. SHORT TITLE. This
title may be cited as the ''Battered Immigrant Women Protection
Act of 2000''.
SEC. 1502. FINDINGS AND PURPOSES.
(a) FINDINGS.--Congress finds that--
(1) the goal of the immigration protections for battered immigrants
included in the Violence Against Women Act of 1994 was to remove
immigration laws as a barrier that kept battered immigrant women
and children locked in abusive relationships;
(2) providing battered immigrant women and children who were experiencing
domestic violence at home with protection against deportation allows
them to obtain protection orders against their abusers and frees
them to cooperate with law enforcement and prosecutors in criminal
cases brought against their abusers and the abusers of their children
without fearing that the abuser will retaliate by withdrawing or
threatening withdrawal of access to an immigration benefit under
the abuser's control; and
(3) there are several groups of battered immigrant women and children
who do not have access to the immigration protections of the Violence
Against Women Act of 1994 which means that their abusers are virtually
immune from prosecution because their victims can be deported as
a result of action by their abusers and the Immigration and Naturalization
Service cannot offer them protection no matter how compelling their
case under existing law.
(b) PURPOSES.--The purposes of this title are--
(1) to remove barriers to criminal prosecutions of persons who
commit acts of battery or extreme cruelty against immigrant women
and children; and
(2) to offer protection against domestic violence occurring in
family and intimate relationships that are covered in State and
tribal protection orders, domestic violence, and family law statutes.
************************************************************************************************************
SEC. 1503. IMPROVED ACCESS TO IMMIGRATION
PROTECTIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR BATTERED
IMMIGRANT WOMEN.
(a) INTENDED SPOUSE DEFINED.--Section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at
the end the following:
''(50) The term 'intended spouse' means any alien who meets the
criteria set forth in section 204(a)(1)(A)(iii)(II)(aa)(BB), 204(a)(1)(B)(ii)(II)(aa)(BB),
or 240A(b)(2)(A)(i)(III).''.
(b) IMMEDIATE RELATIVE STATUS FOR SELF-PETITIONERS MARRIED TO U.S.
CITIZENS.--
(1) SELF-PETITIONING SPOUSES.--
(A) BATTERY OR CRUELTY TO ALIEN OR ALIEN'S CHILD.--
Section 204(a)(1)(A)(iii) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)(1)(A)(iii)) is amended to read as follows:
''(iii)(I) An alien who is described in subclause (II) may file
a petition with the Attorney General under this clause for classification
of the alien (and any child of the alien) if the alien demonstrates
to the Attorney General that--
''(aa) the marriage or the intent to marry the United States citizen
was entered into in good faith by the alien; and
''(bb) during the marriage or relationship intended by the alien
to be legally a marriage, the alien or a child of the alien has
been battered or has been the subject of extreme cruelty perpetrated
by the alien's spouse or intended spouse.
''(II) For purposes of subclause (I), an alien described in this
subclause is an alien--
''(aa)(AA) who is the spouse of a citizen of the United States;
''(BB) who believed that he or she had married a citizen of the
United States and with whom a marriage ceremony was actually performed
and who otherwise meets any applicable requirements under this
Act to establish the existence of and bona fides of a marriage,
but whose marriage is not legitimate solely because of the bigamy
of such citizen of the United States; or
''(CC) who was a bona fide spouse of a United States citizen within
the past 2 years and--
''(aaa) whose spouse died within the past 2 years;
''(bbb) whose spouse lost or renounced citizenship status within
the past 2 years related to an incident of domestic violence; or
''(ccc) who demonstrates a connection between the legal termination
of the marriage within the past 2 years and battering or extreme
cruelty by the United States citizen spouse;
''(bb) who is a person of good moral character;
''(cc) who is eligible to be classified as an immediate relative
under section 201(b)(2)(A)(i) or who would have been so classified
but for the bigamy of the citizen of the United States that the
alien intended to marry; and
''(dd) who has resided with the alien's spouse or intended spouse.''.
(2) SELF-PETITIONING CHILDREN.--Section 204(a)(1)(A)(iv) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is
amended to read as follows:
''(iv) An alien who is the child of a citizen of the United States,
or who was a child of a United States citizen parent who within
the past 2 years lost or renounced citizenship status related to
an incident of domestic violence, and who is a person of good moral
character, who is eligible to be classified as an immediate relative
under section 201(b)(2)(A)(i), and who resides, or has
resided in the past, with the citizen parent may file a petition
with the Attorney General under this subparagraph for classification
of the alien (and any child of the alien) under such section if
the alien demonstrates to the Attorney General that the alien has
been battered by or has been the subject of extreme cruelty perpetrated
by the alien's citizen parent. For purposes of this clause, residence
includes any period of visitation.''.
(3) FILING OF PETITIONS.--Section 204(a)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding
at the end the following:
''(v) An alien who--
''(I) is the spouse, intended spouse, or child living abroad of
a citizen who--
''(aa) is an employee of the United States Government;
''(bb) is a member of the uniformed services (as defined in section
101(a) of title 10, United States Code); or
''(cc) has subjected the alien or the alien's child to battery
or extreme cruelty in the United States; and
''(II) is eligible to file a petition under clause (iii) or (iv),
shall file such petition with the Attorney General under the procedures
that apply to self-petitioners under clause (iii) or (iv), as applicable.''.
(c) SECOND PREFERENCE IMMIGRATION STATUS FOR SELF-PETITIONERS MARRIED
TO LAWFUL PERMANENT RESIDENTS.--
(1) SELF-PETITIONING SPOUSES.--Section 204(a)(1)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)) is
amended to read as follows:
''(ii)(I) An alien who is described in subclause (II) may file
a petition with the Attorney General under this clause for classification
of the alien (and any child of the alien) if such a child has not
been classified under clause (iii) of section 203(a)(2)(A) and
if the alien demonstrates to the Attorney General that--
''(aa) the marriage or the intent to marry the lawful permanent
resident was entered into in good faith by the alien;
and
''(bb) during the marriage or relationship intended by the alien
to be legally a marriage, the alien or a child of the alien has
been battered or has been the subject of extreme cruelty perpetrated
by the alien's spouse or intended spouse.
''(II) For purposes of subclause (I), an alien described in this
paragraph is an alien--
''(aa)(AA) who is the spouse of a lawful permanent resident of
the United States; or
''(BB) who believed that he or she had married a lawful permanent
resident of the United States and with whom a marriage ceremony
was actually performed and who otherwise meets any applicable requirements
under this Act to establish the existence of and bona fides of
a marriage, but whose marriage is not legitimate solely because
of the bigamy of such lawful permanent resident of the United States;
or
''(CC) who was a bona fide spouse of a lawful permanent resident
within the past 2 years and--
''(aaa) whose spouse lost status within the past 2 years due to
an incident of domestic violence; or
''(bbb) who demonstrates a connection between the legal termination
of the marriage within the past 2 years and battering or extreme
cruelty by the lawful permanent resident spouse;
''(bb) who is a person of good moral character;
''(cc) who is eligible to be classified as a spouse of an alien
lawfully admitted for permanent residence under section 203(a)(2)(A)
or who would have been so classified but for the bigamy of the
lawful permanent resident of the United States that the alien intended
to marry; and
''(dd) who has resided with the alien's spouse or intended spouse.''.
(2) SELF-PETITIONING CHILDREN.--Section 204(a)(1)(B)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(iii)) is
amended to read as follows:
''(iii) An alien who is the child of an alien lawfully admitted
for permanent residence, or who was the child of a lawful permanent
resident who within the past 2 years lost lawful permanent resident
status due to an incident of domestic violence, and who is a person
of good moral character, who is eligible for classification under
section 203(a)(2)(A), and who resides, or has resided in the past,
with the alien's permanent resident alien parent may file a petition
with the Attorney General under this subparagraph for classification
of the alien (and any child of the alien) under such section if
the alien demonstrates to the Attorney General that the alien has
been battered by or has been the subject of extreme cruelty perpetrated
by the alien's permanent resident parent.''.
(3) FILING OF PETITIONS.--Section 204(a)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is amended by adding
at the end the following:
''(iv) An alien who--
''(I) is the spouse, intended spouse, or child living abroad of
a lawful permanent resident who--
''(aa) is an employee of the United States Government;
''(bb) is a member of the uniformed services (as defined in section
101(a) of title 10, United States Code); or
''(cc) has subjected the alien or the alien's child to battery
or extreme cruelty in the United States; and
''(II) is eligible to file a petition under clause (ii) or (iii),
shall file such petition with the Attorney General under the procedures
that apply to self-petitioners under clause (ii) or (iii), as applicable.''.
(d) GOOD MORAL CHARACTER DETERMINATIONS FOR SELF-PETI-TIONERS AND
TREATMENT OF CHILD SELF-PETITIONERS AND PETI-TIONS INCLUDING DERIVATIVE
CHILDREN ATTAINING 21 YEARS OF AGE.--Section 204(a)(1) of the Immigration
and Nationality Act(8 U.S.C. 1154(a)(1)) is amended--
(1) by redesignating subparagraphs (C) through (H) as subparagraphs
(E) through (J), respectively;
(2) by inserting after subparagraph (B) the following:
''(C) Notwithstanding section 101(f ), an act or conviction that
is waivable with respect to the petitioner for purposes of a determination
of the petitioner's admissibility under section 212(a) or deportability
under section 237(a) shall not bar the Attorney General from finding
the petitioner to be of good moral character under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney General
finds that the act or conviction was connected to the alien's having
been battered or subjected to extreme cruelty.
''(D)(i)(I) Any child who attains 21 years of age who has filed
a petition under clause (iv) of section 204(a)(1)(A) that was filed
or approved before the date on which the child attained 21 years
of age shall be considered (if the child has not been admitted
or approved for lawful permanent residence by the date the child
attained 21 years of age) a petitioner for preference status under
paragraph (1), (2), or (3) of section 203(a), whichever paragraph
is applicable, with the same priority date assigned to the self-petition
filed under clause (iv) of section 204(a)(1)(A). No new petition
shall be required to be filed.
''(II) Any individual described in subclause (I) is eligible for
deferred action and work authorization.
''(III) Any derivative child who attains 21 years of age who is
included in a petition described in clause (ii) that was filed
or approved before the date on which the child attained 21 years
of age shall be considered (if the child has not been admitted
or approved for lawful permanent residence by the date the child
attained 21 years of age) a petitioner for preference status under
paragraph (1), (2), or (3) of section 203(a), whichever paragraph
is applicable, with the same priority date as that assigned to
the petitioner in any petition described in clause (ii). No new
petition shall be required to be filed.
''(IV) Any individual described in subclause (III) and any derivative
child of a petition described in clause (ii) is eligible for deferred
action and work authorization.
''(ii) The petition referred to in clause (i)(III) is a petition
filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii)
or (B)(iii) in which the child is included as a derivative beneficiary.'';
and
(3) in subparagraph (J) (as so redesignated), by inserting ''or
in making determinations under subparagraphs (C) and (D),'' after
''subparagraph (B),''.
(e) ACCESS TO NATURALIZATION FOR DIVORCED VICTIMS OF ABUSE.--Section
319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a))
is amended--
(1) by inserting '', or any person who obtained status as a lawful
permanent resident by reason of his or her status as a spouse or
child of a United States citizen who battered him or her or subjected
him or her to extreme cruelty,'' after ''United States'' the first
place such term appears; and
(2) by inserting ''(except in the case of a person who has been
battered or subjected to extreme cruelty by a United States citizen
spouse or parent)'' after ''has been living in marital union with
the citizen spouse''.
************************************************************************************************************
SEC. 1504. IMPROVED ACCESS TO CANCELLATION
OF REMOVAL AND SUSPENSION OF DEPORTATION UNDER THE VIOLENCE
AGAINST WOMEN ACT OF 1994
(a) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FORzen and
the child has been battered or subjected to extreme cruelty by
such citizen parent);
''(II) the alien has been battered or subjected to extreme cruelty
by a spouse or parent who is or was a lawful permanent resident
(or is the parent of a child of an alien who is or was a lawful
permanent resident and the child has been battered or subjected
to extreme cruelty by such permanent resident parent);
or
''(III) the alien has been battered or subjected to extreme cruelty
by a United States citizen or lawful permanent resident whom the
alien intended to marry, but whose marriage is not legitimate because
of that United States citizen's or lawful permanent resident's
bigamy;
''(ii) the alien has been physically present in the United States
for a continuous period of not less than 3 years immediately preceding
the date of such application, and the issuance of a charging document
for removal proceedings shall not toll the 3-year period of continuous
physical presence in the United States;
''(iii) the alien has been a person of good moral character during
such period, subject to the provisions of subparagraph (C);
''(iv) the alien is not inadmissible under paragraph (2) or (3)
of section 212(a), is not deportable under paragraphs (1)(G) or
(2) through (4) of section 237(a) (except in a case described in
section 237(a)(7) where the Attorney General exercises discretion
to grant a waiver), and has not been convicted of an aggravated
felony; and
''(v) the removal would result in extreme hardship to the alien,
the alien's child, or the alien's parent.
''(B) PHYSICAL PRESENCE.--Notwithstanding subsection (d)(2), for
purposes of subparagraph (A)(i)(II) or for purposes of section
244(a)(3) (as in effect before the title III-A effective date in
section 309 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996), an alien shall not be considered to have failed to
maintain continuous physical presence by reason of an absence if
the alien demonstrates a connection between the absence and the
battering or extreme cruelty perpetrated against the alien. No
absence or portion of an absence connected to the battering or
extreme cruelty shall count toward the 90-day or 180-day limits
established in subsection (d)(2). If any absence or aggregate absences
exceed 180 days, the absences or portions of the absences will
not be considered to break the period of continuous presence. Any
such period of time excluded from the 180-day limit shall be excluded
in computing the time during which the alien has been physically
present for purposes of the 3-year requirement set forth in section
240A(b)(2)(B) and section 244(a)(3) (as in effect before the title
III-A effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996).
''(C) GOOD MORAL CHARACTER.--Notwithstanding section 101(f ), an
act or conviction that does not bar the Attorney General from granting
relief under this paragraph by reason of subparagraph (A)(iv) shall
not bar the Attorney General from finding the alien to be of good
moral character under subparagraph (A)(i)(III) or section 244(a)(3)
(as in effect before the title III-A effective date in section
309 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996), if the Attorney General finds that the act or conviction
was connected to the alien's having been battered or subjected
to extreme cruelty and determines that a waiver is otherwise warranted.
''(D) CREDIBLE EVIDENCE CONSIDERED.--In acting on applications
under this paragraph, the Attorney General shall consider any credible
evidence relevant to the application. The determination of what
evidence is credible and the weight to be given that evidence shall
be within the sole discretion of the Attorney General.''.
(b) CHILDREN OF BATTERED ALIENS AND PARENTS OF BATTERED ALIEN CHILDREN.--Section
240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b))
is amended by adding at the end the following:
''(4) CHILDREN OF BATTERED ALIENS AND PARENTS OF BATTERED ALIEN
CHILDREN.--
''(A) IN GENERAL.--The Attorney General shall grant parole under
section 212(d)(5) to any alien who is a--
''(i) child of an alien granted relief under section 240A(b)(2)
or 244(a)(3) (as in effect before the title III-A effective date
in section 309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996); or
''(ii) parent of a child alien granted relief under section 240A(b)(2)
or 244(a)(3) (as in effect before the title III-A effective date
in section 309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).
''(B) DURATION OF PAROLE.--The grant of parole shall extend from
the time of the grant of relief under section 240A(b)(2) or section
244(a)(3) (as in effect before the title III-A effective date in
section 309 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996) to the
time the application for adjustment of status filed by aliens covered
under this paragraph has been finally adjudicated. Applications
for adjustment of status filed by aliens covered under this paragraph
shall be treated as if they were applications filed under section
204(a)(1) (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) for purposes of section 245 (a) and (c). Failure
by the alien granted relief under section 240A(b)(2) or section
244(a)(3) (as in effect before the title III-A effective date in
section 309 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996) to exercise due diligence in filing a visa petition
on behalf of an alien described in clause (i) or (ii) may result
in revocation of parole.''.
(c) EFFECTIVE DATE.--Any individual who becomes eligible for relief
by reason of the enactment of the amendments made by subsections
(a) and (b), shall be eligible to file a motion to reopen pursuant
to section 240(c)(6)(C)(iv). The amendments made by sub-sections
(a) and (b) shall take effect as if included in the enactment of
section 304 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104-208; 110 Stat. 587).
Such portions of the amendments made by subsection (b) that relate
to section 244(a)(3) (as in effect before the title III-A effective
date in section 309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996) shall take effect as if included in
subtitle G of title IV of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322; 108 Stat. 1953 et seq.).
************************************************************************************************************
SEC. 1505. OFFERING EQUAL ACCESS TO IMMIGRATION
PROTECTIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL
QUALIFIED BATTERED IMMIGRANT SELF-PETI-TIONERS.
(a) BATTERED IMMIGRANT WAIVER.--Section 212(a)(9)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)) is
amended by adding at the end the following: ''The Attorney General
in the Attorney General's discretion may waive the provisions of
section 212(a)(9)(C)(i) in the case of an alien to whom the Attorney
General has granted classification under clause (iii), (iv), or
(v) of section 204(a)(1)(A), or classification under clause (ii),
(iii), or (iv) of section 204(a)(1)(B), in any case in which there
is a connection between--
''(1) the alien's having been battered or subjected to extreme
cruelty; and
''(2) the alien's--
''(A) removal;
''(B) departure from the United States;
''(C) reentry or reentries into the United States; or
''(D) attempted reentry into the United States.''.
(b) DOMESTIC VIOLENCE VICTIM WAIVER.--
(1) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.--Section 237(a) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended
by inserting at the end the following:
''(7) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.--
''(A) IN GENERAL.--The Attorney General is not limited by the criminal
court record and may waive the application of paragraph (2)(E)(i)
(with respect to crimes of domestic violence and crimes of stalking)
and (ii) in the case of an alien who has been battered or subjected
to extreme cruelty and who is not and was not the primary perpetrator
of violence in the relationship--
''(i) upon a determination that--
''(I) the alien was acting is self-defense;
''(II) the alien was found to have violated a protection order
intended to protect the alien; or
''(III) the alien committed, was arrested for, was convicted of,
or pled guilty to committing a crime--
''(aa) that did not result in serious bodily injury; and
''(bb) where there was a connection between the crime and the alien's
having been battered or subjected to extreme cruelty.
''(B) CREDIBLE EVIDENCE CONSIDERED.--In acting on applications
under this paragraph, the Attorney General shall consider any credible
evidence relevant to the applica-tion. The determination of what
evidence is credible and the weight to be given that evidence shall
be within the sole discretion of the Attorney General.''.
(2) CONFORMING AMENDMENT.--Section 240A(b)(1)(C) of the Immigration
and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is amended by inserting
''(except in a case described in section 237(a)(7) where the Attorney
General exercises discretion to grant a waiver)'' after ''237(a)(3)''.
(c) MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF UNITED STATES
CITIZENS AND LAWFUL PERMANENT RESIDENTS.--
(1) WAIVER OF INADMISSIBILITY.--Section 212(i)(1) of the Immigration
and Nationality Act (8 U.S.C. 1182(i)(1)) is amended by inserting
before the period at the end the following:
''or, in the case of an alien granted classification under clause
(iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of
section 204(a)(1)(B), the alien demonstrates extreme hardship to
the alien or the alien's United States citizen, lawful permanent
resident, or qualified alien parent or child''.
(2) WAIVER OF DEPORTABILITY.--Section 237(a)(1)(H) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is amended--
(A) in clause (i), by inserting ''(I)'' after ''(i)'';
(B) by redesignating clause (ii) as subclause (II); and
(C) by adding after clause (i) the following:
''(ii) is an alien who qualifies for classification under clause
(iii) or (iv) of section 204(a)(1)(A) or clause
(ii) or (iii) of section 204(a)(1)(B).''.
(d) BATTERED IMMIGRANT WAIVER.--Section 212(g)(1) of the Immigration
and Nationality Act (8 U.S.C. 1182(g)(1)) is amended--
(1) in subparagraph (A), by striking ''or'' at the end;
(2) in subparagraph (B), by adding ''or'' at the end; and
(3) by inserting after subparagraph (B) the following:
''(C) qualifies for classification under clause (iii) or (iv) of
section 204(a)(1)(A) or classification under clause (ii) or (iii)
of section 204(a)(1)(B);''.
(e) WAIVERS FOR VAWA ELIGIBLE BATTERED IMMIGRANTS.--
Section 212(h)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(h)(1)) is amended--
(1) in subparagraph (B), by striking ''and'' and inserting ''or'';
and
(2) by adding at the end the following:
''(C) the alien qualifies for classification under clause (iii)
or (iv) of section 204(a)(1)(A) or classification under clause
(ii) or (iii) of section 204(a)(1)(B); and''.
(f ) PUBLIC CHARGE.--Section 212 of the Immigration and Nationality
Act (8 U.S.C. 1182) is amended by adding at the end the following:
''(p) In determining whether an alien described in subsection (a)(4)(C)(i)
is inadmissible under subsection (a)(4) or ineligible to receive
an immigrant visa or otherwise to adjust to the status of permanent
resident by reason of subsection (a)(4), the consular officer or
the Attorney General shall not consider any benefits the alien
may have received that were authorized under section 501 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1641(c)).''.
(g) 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 the House of Representatives
covering, with respect to fiscal year 1997 and each fiscal year
thereafter--
(1) the policy and procedures of the Immigration and Naturalization
Service under which an alien who has been battered or subjected
to extreme cruelty who is eligible for suspension of deportation
or cancellation of removal can request to be placed, and be placed,
in deportation or removal proceedings so that such alien may apply
for suspension of deportation or cancellation of removal;
(2) the number of requests filed at each district office under
this policy;
(3) the number of these requests granted reported separately for
each district; and
(4) the average length of time at each Immigration and Naturalization
office between the date that an alien who has been subject to battering
or extreme cruelty eligible for suspension of deportation or cancellation
of removal requests to be placed in deportation or removal proceedings
and the date that the immigrant appears before an immigration judge
to file an application for suspension of deportation or cancellation
of removal.
************************************************************************************************************
SEC. 1506. RESTORING IMMIGRATION PROTECTIONS
UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994.
(a) REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VICTIMS OF DOMESTIC
VIOLENCE.--
(1) IMMIGRATION AMENDMENTS.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended--
(A) in subsection (a), by inserting ''or the status of any other
alien having an approved petition for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or''
after ''into the United States.'';
and
(B) in subsection (c), by striking ''Subsection (a) shall not be
applicable to'' and inserting the following: ''Other than an alien
having an approved petition for classification under subparagraph
(A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv)
of section 204(a)(1), subsection (a) shall not be applicable to''.
(2) EFFECTIVE DATE.--The amendments made by paragraph (1) shall
apply to applications for adjustment of status pending on or made
on or after January 14, 1998.
(b) REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND SUSPENSION
OF DEPORTATION FOR VICTIMS OF DOMESTIC VIOLENCE.--
(1) NOT TREATING SERVICE OF NOTICE AS TERMINATING CONTINUOUS PERIOD.--Section
240A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1))
is amended by striking ''when the alien is served a notice to appear
under section 239(a) or'' and inserting ''(A) except in the case
of an alien who applies for cancellation of removal under subsection
(b)(2), when the alien is served a notice to appear under section
239(a), or (B)''.
(2) EFFECTIVE DATE.--The amendment made by paragraph (1) shall
take effect as if included in the enactment of section 304 of the
Illegal Immigration Reform and Immigrant Responsi-bility Act of
1996 (Public Law 104-208; 110 Stat. 587).
(3) MODIFICATION OF CERTAIN TRANSITION RULES FOR BATTERED SPOUSE
OR CHILD.--Section 309(c)(5)(C) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is
amended--
(A) by striking the subparagraph heading and inserting the following:
''(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEMPORARY PROTECTION
FROM DEPORTATION AND FOR BATTERED
SPOUSES AND CHILDREN.--''; and
(B) in clause (i)--
(i) in subclause (IV), by striking ''or'' at the end;
(ii) in subclause (V), by striking the period at the end and inserting
''; or''; and
(iii) by adding at the end the following:
''(VI) is an alien who was issued an order to show cause or was
in deportation proceedings before April 1, 1997, and who applied
for suspension of deportation under section 244(a)(3) of the Immigration
and Nationality Act (as in effect before the date of the enactment
of this Act).''.
(4) EFFECTIVE DATE.--The amendments made by paragraph (3) shall
take effect as if included in the enactment of section 309 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1101 note).
(c) ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN REMOVAL AND
DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE.--
(1) REMOVAL PROCEEDINGS.--
(A) IN GENERAL.--Section 240(c)(6)(C) of the Immigration and Nationality
Act (8 U.S.C. 1229a(c)(6)(C)) is amended by adding at the end the
following:
''(iv) SPECIAL RULE FOR BATTERED SPOUSES AND CHILDREN.--The deadline
specified in subsection (b)(5)(C) for filing a motion to reopen
does not apply--
''(I) if the basis for the motion is to apply for relief under
clause (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii)
of section 204(a)(1)(B), or section 240A(b)(2);
''(II) if the motion is accompanied by a cancellation of removal
application to be filed with the Attorney General or by a copy
of the self-petition that has been or will be filed with the Immigration
and Naturalization Service upon the granting of the motion to reopen;
and
''(III) if the motion to reopen is filed within 1 year of the entry
of the final order of removal, except that the Attorney General
may, in the Attorney General's discretion, waive this time limitation
in the case of an alien who demonstrates extraordinary circumstances
or extreme hardship to the alien's child.''.
(B) EFFECTIVE DATE.--The amendment made by subparagraph (A) shall
take effect as if included in the enactment of section 304 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1229-1229c).
(2) DEPORTATION PROCEEDINGS.--
(A) IN GENERAL.--Notwithstanding any limitation imposed by law
on motions to reopen or rescind deportation proceedings under the
Immigration and Nationality Act (as in effect before the title
III-A effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note)), there is no time limit on the filing of a motion to reopen
such proceedings, and the deadline specified in section 242B(c)(3)
of the Immigration and Nationality Act (as so in effect) (8 U.S.C.
1252b(c)(3)) does not apply--
(i) if the basis of the motion is to apply for relief under clause
(iii) or (iv) of section 204(a)(1)(A) of theImmigration and Nationality
Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B)
of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such
Act (as so in effect) (8 U.S.C. 1254(a)(3)); and
(ii) if the motion is accompanied by a suspension of deportation
application to be filed with the Attorney General or by a copy
of the self-petition that will be filed with the Immigration and
Naturalization Service upon the granting of the motion to reopen.
(B) APPLICABILITY.--Subparagraph (A) shall apply to motions filed
by aliens who--
(i) are, or were, in deportation proceedings under the Immigration
and Nationality Act (as in effect before the title III-A effective
date in section 309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note)); and
(ii) have become eligible to apply for relief under clause (iii)
or (iv) of section 204(a)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B)
of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such
Act (as in effect before the title III-A effective date in section
309 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1101 note)) as a result of the amendments
made by--
(I) subtitle G of title IV of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1953 et
seq.); or (II) this title.
SEC. 1507. REMEDYING PROBLEMS WITH IMPLEMENTATION
OF THE IMMIGRATION PROVISIONS OF THE VIOLENCE AGAINST WOMEN
ACT OF 1994.
(a) EFFECT OF CHANGES IN ABUSERS' CITIZENSHIP STATUS ON SELF-PETITION.--
(1) RECLASSIFICATION.--Section 204(a)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as amended by section
1503(b)(3) of this title) is amended by adding at the end the following:
''(vi) For the purposes of any petition filed under clause (iii)or
(iv), the denaturalization, loss or renunciation of citizenship,
death of the abuser, divorce, or changes to the abuser's citizenship
status after filing of the petition shall not adversely affect
the approval of the petition, and for approved petitions shall
not preclude the classification of the eligible self-petitioning
spouse or child as an immediate relative or affect the alien's
ability to adjust status under subsections (a) and (c) of section
245 or obtain status as a lawful permanent resident based on the
approved self-petition under such clauses.''.
(2) LOSS OF STATUS.--Section 204(a)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as amended by section
1503(c)(3) of this title) is amended by adding at the end the following:
''(v)(I) For the purposes of any petition filed or approved under
clause (ii) or (iii), divorce, or the loss of lawful permanent
resident status by a spouse or parent after the filing of a petition
under that clause shall not adversely affect approval of the petition,
and, for an approved petition, shall not affect the alien's ability
to adjust status under subsections (a) and (c) of section 245 or
obtain status as a lawful permanent resident based on an approved
self-petition under clause (ii) or (iii).
''(II) Upon the lawful permanent resident spouse or parent becoming
or establishing the existence of United States citizenship through
naturalization, acquisition of citizenship, or other means, any
petition filed with the Immigration and Naturalization Service
and pending or approved under clause (ii) or (iii) on behalf of
an alien who has been battered or subjected to extreme cruelty
shall be deemed reclassified as a petition filed under subparagraph
(A) even if the acquisition of citizenship occurs after divorce
or termination of parental rights.''.
(3) DEFINITION OF IMMEDIATE RELATIVES.--Section 201(b)(2)(A)(i)
of the Immigration and Nationality Act (8 U.S.C. 1154(b)(2)(A)(i))
is amended by adding at the end the following:
''For purposes of this clause, an alien who has filed a petition
under clause (iii) or (iv) of section 204(a)(1)(A) of this Act
remains an immediate relative in the event that the United States
citizen spouse or parent loses United States citizenship on account
of the abuse.''.
(b) ALLOWING REMARRIAGE OF BATTERED IMMIGRANTS.--Section 204(h)
of the Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended
by adding at the end the following: ''Remarriage of an alien whose
petition was approved under section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii)
or marriage of an alien described in clause (iv) or (vi) of section
204(a)(1)(A) or in section 204(a)(1)(B)(iii) shall not be the basis
for revocation of a petition approval under section
205.''.
************************************************************************************************************
SEC. 1508. TECHNICAL CORRECTION TO QUALIFIED
ALIEN DEFINITION FOR BATTERED IMMIGRANTS.
Section 431(c)(1)(B)(iii) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)(iii))is
amended to read as follows:
''(iii) suspension of deportation under section 244(a)(3) of the
Immigration and Nationality Act (as in effect before the title
III-A effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996).''.
************************************************************************************************************
SEC. 1509. ACCESS TO CUBAN ADJUSTMENT ACT FOR
BATTERED IMMIGRANT SPOUSES AND CHILDREN.
(a) IN GENERAL.--The last sentence of the first section of Public
Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note) is amended by
striking the period at the end and inserting the following: '',except
that such spouse or child who has been battered or subjected to
extreme cruelty may adjust to permanent resident status under this
Act without demonstrating that he or she is residing with the Cuban
spouse or parent in the United States. In acting on applications
under this section with respect to spouses or children who have
been battered or subjected to extreme cruelty, the Attorney General
shall apply the provisions of section 204(a)(1)(H).''.
(b) EFFECTIVE DATE.--The amendment made by subsection (a)shall
be effective as if included in subtitle G of title IV of the Violent
Crime Control and Law Enforcement Act of 1994 (PublicLaw 103-322;
108 Stat. 1953 et seq.).
SEC. 1510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL
AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND CHILDREN.
(a) ADJUSTMENT OF STATUS OF CERTAIN NICARAGUAN AND CUBAN BATTERED
SPOUSES.--Section 202(d) of the Nicaraguan Adjustment and Central
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100, as
amended) is amended--
(1) in paragraph (1), by striking subparagraph (B) and inserting
the following:
''(B) the alien--
''(i) 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), except that in the
case of such an unmarried son or daughter, the son or daughter
shall be required to establish that the son or daughter has been
physically present in the United States for a continuous period
beginning not later than December 1, 1995, and ending not earlier
than the date on which the application for adjustment under this
subsection is filed; or
''(ii) was, at the time at which an alien filed for adjustment
under subsection (a), the spouse or child of an alien whose status
is adjusted to that of an alien lawfully admitted for permanent
residence under subsection (a), and the spouse, child, or child
of the spouse has been battered or subjected to extreme cruelty
by the alien that filed for adjustment under sub-section (a);'';
and
(2) by adding at the end the following:
''(3) PROCEDURE.--In acting on an application under this section
with respect to a spouse or child who has been battered or subjected
to extreme cruelty, the Attorney General shall apply section 204(a)(1)(H).''.
(b) CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTATION TRANSITION
RULES FOR CERTAIN BATTERED SPOUSES.--Section 309(c)(5)(C) of the
Illegal Immigration and Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 8 U.S.C. 1101 note)
(as amended by section 1506(b)(3) of this title)
is amended--
(1) in clause (i)--
(A) by striking the period at the end of subclause(VI) (as added
by section 1506(b)(3) of this title) and inserting ''; or''; and
(B) by adding at the end the following:
''(VII)(aa) was the spouse or child of an alien described in subclause
(I), (II), or (V)--
''(AA) at the time at which a decision is rendered to suspend the
deportation or cancel the removal of the alien;
''(BB) at the time at which the alien filed an application for
suspension of deportation or cancellation of removal; or
''(CC) at the time at which the alien registered for benefits under
the settlement agreement in American Baptist Churches, et. al.
v. Thornburgh (ABC), applied for temporary protected status, or
applied for asylum;
and
''(bb) the spouse, child, or child of the spouse has been battered
or subjected to extreme cruelty by the alien described in subclause
(I), (II), or
(V).''; and
(2) by adding at the end the following:
''(iii) CONSIDERATION OF PETITIONS.--In acting on a petition filed
under subclause (VII) of clause (i) the provisions set forth in
section 204(a)(1)(H) shall apply.
''(iv) RESIDENCE WITH SPOUSE OR PARENT NOT REQUIRED.--For purposes
of the application of clause (i)(VII), a spouse or child shall
not be required to demonstrate that he or she is residing with
the spouse or parent in the United States.''.
(c) EFFECTIVE DATE.--The amendments made by subsections (a) and
(b) shall be effective as if included in the Nicaraguan Adjustment
and Central American Relief Act (8 U.S.C. 1255 note; Public Law
105-100, as amended).
SEC. 1511. ACCESS TO THE HAITIAN REFUGEE FAIRNESS ACT OF
1998 FOR BATTERED SPOUSES AND CHILDREN.
(a) IN GENERAL.--Section 902(d)(1)(B) of the Haitian Refugee Immigration
Fairness Act of 1998 (division A of section 101(h) of Public Law
105-277; 112 Stat. 2681-538) is amended to read as follows:
''(B)(i) the alien is the spouse, 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), except that,
in the case of such an unmarried son or daughter, the son or daughter
shall be required to establish that the son or daughter has been
physically present in the United States for a continuous period
beginning not later than December 1, 1995, and ending not earlier
than the date on which the application for such adjustment is filed;
''(ii) at the time of filing of the application for adjustment
under subsection (a), the alien is the spouse or child of an alien
whose status is adjusted to that of an alien lawfully admitted
for permanent residence under subsection (a) and the spouse, child,
or child of the spouse has been battered or subjected to extreme
cruelty by the individual described in subsection (a); and
''(iii) in acting on applications under this section with respect
to spouses or children who have been battered or subjected to extreme
cruelty, the Attorney General shall apply the provisions of section
204(a)(1)(H).''.
(b) EFFECTIVE DATE.--The amendment made by subsection (a)shall
be effective as if included in the Haitian Refugee Immigration
Fairness Act of 1998 (division A of section 101(h) of Public Law
105-277; 112 Stat. 2681-538).
************************************************************************************************************
SEC. 1512. ACCESS TO SERVICES AND LEGAL REPRESENTATION
FOR BATTERED IMMIGRANTS.
(a) LAW ENFORCEMENT AND PROSECUTION GRANTS.--Section 2001(b) of
part T of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg(b)) (as amended by section 1209(c)
of this division) is amended by adding at the end the following:
''(11) providing assistance to victims of domestic violence and
sexual assault in immigration matters.''.
(b) GRANTS TO ENCOURAGE ARRESTS.--Section 2101(b)(5) of part U
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796hh(b)(5)) is amended by inserting before he
period the following: '', including strengthening assistance to
such victims in immigration matters''.
(c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCE-MENT GRANTS.--Section
40295(a)(2) of the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103-322; 108 Stat. 1953; 42 U.S.C. 13971(a)(2))
is amended to read as follows:
''(2) to provide treatment, counseling, and assistance to victims
of domestic violence and child abuse, including in immigration
matters; and''.
(d) CAMPUS DOMESTIC VIOLENCE GRANTS.--Section 826(b)(5) of the
Higher Education Amendments of 1998 (Public Law 105-244; 20 U.S.C.
1152) is amended by inserting before the period at the end the
followi domestic violence, sexual assault, female genital mutilation,
forced prostitution, involuntary servitude, being held hostage
or being criminally restrained.
(B) All women and children who are victims of these crimes committed
against them in the United States must be able to report these
crimes to law enforcement and fully participate in the investigation
of the crimes committed against them and the prosecution of the
perpetrators of such crimes.
(2) PURPOSE.--
(A) The purpose of this section is to create a new nonimmigrant
visa classification that will strengthen the ability of law enforcement
agencies to detect, investigate, and prosecute cases of domestic
violence, sexual assault, trafficking of aliens, and other crimes
described in section 101(a)(15)(U)(iii) of the Immigration and
Nationality Act committed against aliens, while offering protection
to victims of such offenses in keeping with the humanitarian interests
of the United States. This visa will encourage law enforcement
officials to better serve immigrant crime victims and to prosecute
crimes committed against aliens.
(B) Creating a new nonimmigrant visa classification will facilitate
the reporting of crimes to law enforcement officials by trafficked,
exploited, victimized, and abused aliens who are not in lawful
immigration status. It also gives law enforcement officials a means
to regularize the status of cooperating individuals during investigations
or prosecutions. Providing temporary legal status to aliens who
have been severely victimized by criminal activity also comports
with the humanitarian interests of the United States.
(C) Finally, this section gives the Attorney General discretion
to convert the status of such nonimmigrants to that of permanent
residents when doing so is justified on humanitarian grounds, for
family unity, or is otherwise in the public interest.
(b) ESTABLISHMENT OF HUMANITARIAN/MATERIAL WITNESS NON-IMMIGRANT
CLASSIFICATION.--Section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)) (as amended by section 107 of this Act)
is amended--
(1) by striking ''or'' at the end of subparagraph (S);
(2) by striking the period at the end of subparagraph (T)and inserting
''; or''; and
(3) by adding at the end the following new subparagraph:
''(U)(i) subject to section 214(o), an alien who files a petition
for status under this subparagraph, if the Attorney General determines
that--
''(I) the alien has suffered substantial physical or mental abuse
as a result of having been a victim of criminal activity described
in clause (iii);
''(II) the alien (or in the case of an alien child under the age
of 16, the parent, guardian, or next friend of the alien) possesses
information concerning criminal activity described in clause (iii);
''(III) the alien (or in the case of an alien child under the age
of 16, the parent, guardian, or next friend of the alien) has been
helpful, is being helpful, or is likely to be helpful to a Federal,
State, or local law enforcement official, to a Federal, State,
or local prosecutor, to a Federal or State judge, to the Service,
or to other Federal, State, or local authorities investigating
or prosecuting criminal activity described in clause (iii); and
''(IV) the criminal activity described in clause (iii) violated
the laws of the United States or occurred in the United States
(including in Indian country and military installations) or the
territories and possessions of the United States;
''(ii) if the Attorney General considers it necessary to avoid
extreme hardship to the spouse, the child, or, in the case of an
alien child, the parent of the alien described in clause (i), the
Attorney General may also grant status under this paragraph based
upon certification of a government official listed in clause (i)(III)
that an investigation or prosecution would be harmed without the
assistance of the spouse, the child, or, in the case of an alien
child, the parent of the alien; and
''(iii) the criminal activity referred to in this clause is that
involving one or more of the following or any similar activity
in violation of Federal, State, or local criminallaw: rape; torture;
trafficking; incest; domestic violence; sexual assault; abusive
sexual contact; prostitution; sexual
exploitation; female genital mutilation; being held hostage; peonage;
involuntary servitude; slave trade; kidnapping; abduction; unlawful
criminal restraint; false imprisonment; blackmail; extortion; manslaughter;
murder; felonious assault; witness tampering; obstruction of justice;
perjury; or attempt, conspiracy, or solicitation to commit any
of the above mentioned crimes.''.
(c) CONDITIONS FOR ADMISSION AND DUTIES OF THE ATTORNEY GENERAL.--Section
214 of such Act (8 U.S.C. 1184) (as amended by section 107 of this
Act) is amended by adding at the end the following new subsection:
''(o) REQUIREMENTS APPLICABLE TO SECTION 101(a)(15)(U) VISAS.--
''(1) PETITIONING PROCEDURES FOR SECTION 101(a)(15)(U) VISAS.--The
petition filed by an alien under section 101(a)(15)(U)(i) shall
contain a certification from a Federal, State, or local law enforcement
official, prosecutor, judge, or other Federal, State, or local
authority investigating criminal activity described in section
101(a)(15)(U)(iii). This certification may also be provided by
an official of the Service whose ability to provide such certification
is not limited to information concerning immigration violations.
This certification shall state that the alien ''has been helpful,
is being helpful, or is likely to be helpful'' in the investigation
or prosecution of criminal activity described in section 101(a)(15)(U)(iii).
''(2) NUMERICAL LIMITATIONS.--
''(A) The number of aliens who may be issued visas or otherwise
provided status as nonimmigrants under section 101(a)(15)(U) in
any fiscal year shall not exceed 10,000.
''(B) The numerical limitations in subparagraph (A) shall only
apply to principal aliens described in section 101(a)(15)(U)(i),
and not to spouses, children, or, in the case of alien children,
the alien parents of such children.
''(3) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO 'U' VISA NONIMMIGRANTS.--With
respect to nonimmigrant aliens described in subsection (a)(15)(U)--
''(A) the Attorney General and other government officials, where
appropriate, shall provide those aliens with referrals to nongovernmental
organizations to advise the aliens regarding their options while
in the United States and the resources available to them; and
''(B) the Attorney General shall, during the period those aliens
are in lawful temporary resident status under that subsection,
provide the aliens with employment authorization.
''(4) CREDIBLE EVIDENCE CONSIDERED.--In acting on any petition
filed under this subsection, the consular officer or the Attorney
General, as appropriate, shall consider any credible evidence relevant
to the petition.
''(5) NONEXCLUSIVE RELIEF.--Nothing in this subsection limits the
ability of aliens who qualify for status under section 101(a)(15)(U)
to seek any other immigration benefit or status for which the alien
may be eligible.''.
(d) PROHIBITION ON ADVERSE DETERMINATIONS OF ADMISSIBILITY OR DEPORTABILITY.--Section
384(a) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 is amended--
(1) by striking ''or'' at the end of paragraph (1)(C);
(2) by striking the comma at the end of paragraph (1)(D) and inserting
'', or''; and
(3) by inserting after paragraph (1)(D) the following new subparagraph:
''(E) in the case of an alien applying for status under section
101(a)(15)(U) of the Immigration and Nationality Act, the perpetrator
of the substantial physical or mental abuse and the criminal activity,'';
and
(4) in paragraph (2), by inserting ''section 101(a)(15)(U),'' after
''section 216(c)(4)(C),''.
(e) WAIVER OF GROUNDS OF INELIGIBILITY FOR ADMISSION.--
Section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)) is amended by adding at the end the following new paragraph:
''(13) The Attorney General shall determine whether a ground of
inadmissibility exists with respect to a nonimmigrant described
in section 101(a)(15)(U). The Attorney General, in the Attorney
General's discretion, may waive the application of subsection (a)
(other than paragraph (3)(E)) in the case of a nonimmigrant described
in section 101(a)(15)(U), if the Attorney General considers it
to be in the public or national interest to do so.''.
(f ) ADJUSTMENT TO PERMANENT RESIDENT STATUS.--Section 245 of such
Act (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 non-immigrant
status) under section 101(a)(15)(U) to that of an alien lawfully
admitted for permanent residence if the alien is not described
in section 212(a)(3)(E), unless the Attorney General determines
based on affirmative evidence that the alien unreasonably refused
to provide assistance in a criminal investigation or prosecution,
if--
''(A) the alien has been physically present in the United States
for a continuous period of at least 3 years since the date of admission
as a nonimmigrant under clause (i) or (ii) of section 101(a)(15)(U);
and
''(B) in the opinion of the Attorney General, the alien's continued
presence in the United States is justified on humanitarian grounds,
to ensure family unity, or is otherwise in the public interest.
''(2) An alien shall be considered to have failed to maintain continuous
physical presence in the United States under paragraph (1)(A) if
the alien has departed from the United States for any period in
excess of 90 days or for any periods in the aggregate exceeding
180 days unless the absence is in order to assist in the investigation
or prosecution or unless an official involved in the investigation
or prosecution certifies that the absence was otherwise justified.
''(3) Upon approval of adjustment of status under paragraph (1)
of an alien described in section 101(a)(15)(U)(i) the Attorney
General may adjust the status of or issue an immigrant visa to
a spouse, a child, or, in the case of an alien child, a parent
who did not receive a nonimmigrant visa under section 101(a)(15)(U)(ii)
if the Attorney General considers the grant of such status or visa
necessary to avoid extreme hardship.
''(4) Upon the approval of adjustment of status under paragraph
(1) or (3), the Attorney General shall record the alien's lawful
admission for permanent residence as of the date of such approval.''.
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TITLE VI--MISCELLANEOUS
SEC. 1601. NOTICE REQUIREMENTS FOR SEXUALLY
VIOLENT OFFENDERS.
(a) SHORT TITLE.--This section may be cited as the ''Campus Sex
Crimes Prevention Act''.
(b) NOTICE WITH RESPECT TO INSTITUTIONS OF HIGHER EDUCATION.--
(1) IN GENERAL.--Section 170101 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended by adding
at the end the following:
''( j) NOTICE OF ENROLLMENT AT OR EMPLOYMENT BY INSTITUTIONS OF
HIGHER EDUCATION.--
''(1) NOTICE BY OFFENDERS.--
''(A) IN GENERAL.--In addition to any other requirements of this
section, any person who is required to register in a State shall
provide notice as required under State law--
''(i) of each institution of higher education in that State at
which the person is employed, carries on a vocation, or is a student;
and
''(ii) of each change in enrollment or employment status of such
person at an institution of higher education in that State.
''(B) CHANGE IN STATUS.--A change in status under subparagraph
(A)(ii) shall be reported by the person in the manner provided
by State law. State procedures shall ensure that the updated information
is promptly made available to a law enforcement agency having jurisdiction
where such institution is located and entered into the appropriate
State records or data system.
''(2) STATE REPORTING.--State procedures shall ensure that the
registration information collected under paragraph (1)--
''(A) is promptly made available to a law enforcement agency having
jurisdiction where such institution is located;
and
''(B) entered into the appropriate State records or data system.
''(3) REQUEST.--Nothing in this subsection shall require an educational
institution to request such information from any State.''.
(2) EFFECTIVE DATE.--The amendment made by this subsection shall
take effect 2 years after the date of the enactment of this Act.
(c) DISCLOSURES BY INSTITUTIONS OF HIGHER EDUCATION.--
(1) IN GENERAL.--Section 485(f )(1) of the Higher Education Act
of 1965 (20 U.S.C. 1092(f )(1)) is amended by adding at the end
the following:
''(I) A statement advising the campus community where law enforcement
agency information provided by a State under section 170101( j)
of the Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071( j)), concerning registered sex offenders may be obtained,
such as the law enforcement office of the institution, a local
law enforcement agency with jurisdiction for the campus, or a computer
network address.''.
(2) EFFECTIVE DATE.--The amendment made by this subsection shall
take effect 2 years after the date of the enactment of this Act.
(d) AMENDMENT TO FAMILY EDUCATIONAL RIGHTS AND PRIVACY
ACT OF 1974.--Section 444(b) of the General Education Provisions
Act (20 U.S.C. 1232g(b)), also known as the Family Educational
Rights and Privacy Act of 1974, is amended by adding at the end
the following:
''(7)(A) Nothing in this section may be construed to prohibit an
educational institution from disclosing information provided to
the institution under section 170101 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071) concerning registered
sex offenders who are required to register under such section.
''(B) The Secretary shall take appropriate steps to notify educational
institutions that disclosure of information described in subparagraph
(A) is permitted.''.
************************************************************************************************************
Text of Aimee's Law, Division C of Victims of Trafficking and
Violence Protection Act of 2000
DIVISION C--MISCELLANEOUS PROVISIONS
SEC. 2001. AIMEE'S LAW.
(a) SHORT TITLE.--This section may be cited as ''Aimee's Law''.
(b) DEFINITIONS.--In this section:
(1) DANGEROUS SEXUAL OFFENSE.--The term ''dangerous sexual offense''
means any offense under State law for conduct that would constitute
an offense under chapter 109A of title 18, United States Code,
had the conduct occurred in the special maritime and territorial
jurisdiction of the United States or in a Federal prison.
(2) MURDER.--The term ''murder'' has the meaning given the term
in part I of the Uniform Crime Reports of the Federal Bureau of
Investigation.
(3) RAPE.--The term ''rape'' has the meaning given the term in
part I of the Uniform Crime Reports of the Federal Bureau of Investigation.
(c) PENALTY.--
(1) SINGLE STATE.--In any case in which a State convicts an individual
of murder, rape, or a dangerous sexual offense, who has a prior
conviction for any one of those offenses in a State described in
paragraph (3), the Attorney General shall transfer an amount equal
to the costs of incarceration, prosecution, and apprehension of
that individual, from Federal law enforcement assistance funds
that have been allocated to but not distributed to the State that
convicted the individual of the prior offense, to the State account
that collects Federal law enforcement assistance funds of the State
that convicted that individual of the subsequent offense.
(2) MULTIPLE STATES.--In any case in which a State convicts an
individual of murder, rape, or a dangerous sexual offense, who
has a prior conviction for any one or more of those offenses in
more than one other State described in paragraph (3), the Attorney
General shall transfer an amount equal to the costs of incarceration,
prosecution, and apprehension of that individual, from Federal
law enforcement assistance funds that have been allocated to but
not distributed to each State that convicted such individual of
the prior offense, to the State account that collects Federal law
enforcement assistance funds of the State that convicted that individual
of the subsequent offense.
(3) STATE DESCRIBED.--A State is described in this paragraph if--
(A) the average term of imprisonment imposed by the State on individuals
convicted of the offense for which the individual described in
paragraph (1) or (2), as applicable, was convicted by the State
is less than the average term of imprisonment imposed for that
offense in all States; or
(B) with respect to the individual described in paragraph (1) or
(2), as applicable, the individual had served less than 85 percent
of the term of imprisonment to which that individual was sentenced
for the prior offense.
For purposes of subparagraph (B), in a State that has indeterminate
sentencing, the term of imprisonment to which that individual was
sentenced for the prior offense shall be based on the lower of
the range of sentences.
(d) STATE APPLICATIONS.--In order to receive an amount transferred
under subsection (c), the chief executive of a State shall submit
to the Attorney General an application, in such form and containing
such information as the Attorney General may reasonably require,
which shall include a certification that the State has convicted
an individual of murder, rape, or a dangerous sexual offense, who
has a prior conviction for one of those offenses in another State.
(e) SOURCE OF FUNDS.--
(1) IN GENERAL.--Any amount transferred under subsection (c) shall
be derived by reducing the amount of Federal law enforcement assistance
funds received by the State that convicted such individual of the
prior offense before the distribution of the funds to the State.
The Attorney General shall provide the State with an opportunity
to select the specific Federal law enforcement assistance funds
to be so reduced (other than Federal crime victim assistance funds).
(2) PAYMENT SCHEDULE.--The Attorney General, in consultation with
the chief executive of the State that convicted such individual
of the prior offense, shall establish a payment schedule.
(f ) CONSTRUCTION.--Nothing in this section may be construed to
diminish or otherwise affect any court ordered restitution.
(g) EXCEPTION.--This section does not apply if the individual convicted
of murder, rape, or a dangerous sexual offense has been released
from prison upon the reversal of a conviction for an offense described
in subsection (c) and subsequently been convicted for an offense
described in subsection (c).
(h) REPORT.--The Attorney General shall--
(1) conduct a study evaluating the implementation of this section;
and
(2) not later than October 1, 2006, submit to Congress a report
on the results of that study.
(i) COLLECTION OF RECIDIVISM DATA.--
(1) IN GENERAL.--Beginning with calendar year 2002, and each calendar
year thereafter, the Attorney General shall collect and maintain
information relating to, with respect to each State--
(A) the number of convictions during that calendar year for--
(i) any dangerous sexual offense;
(ii) rape; and
(iii) murder; and
(B) the number of convictions described in subparagraph (A) that
constitute second or subsequent convictions of the defendant of
an offense described in that subparagraph.
(2) REPORT.--Not later than March 1, 2003, and on March 1 of each
year thereafter, the Attorney General shall submit to Congress
a report, which shall include--
(A) the information collected under paragraph (1) with respect
to each State during the preceding calendar year;
and
(B) the percentage of cases in each State in which an individual
convicted of an offense described in paragraph (1)(A) was previously
convicted of another such offense in another State during the preceding
calendar year.
( j) EFFECTIVE DATE.--This section shall take effect on January
1, 2002. |
