Home > 106th Congressional Bills > S. 2788 (is) To establish a strategic planning team to develop a plan for the dissemination of research on reading. [Introduced in Senate] ...S. 2788 (is) To establish a strategic planning team to develop a plan for the dissemination of research on reading. [Introduced in Senate] ...
purposes of developing, testing, presenting, and disseminating model
programs to provide education and training in appropriate and effective
responses to victims of domestic violence and sexual assault
(including, as appropriate, the effects of domestic violence on
children) for individuals (other than law enforcement officers and
prosecutors) who are likely to come into contact with such victims
during the course of their employment, including--
(1) caseworkers, supervisors, administrators,
administrative law judges, and other individuals administering
Federal and State benefits programs, such as child welfare and
child protective services, Temporary Assistance to Needy
Families, social security disability, child support, medicaid,
unemployment, workers' compensation, and similar programs; and
(2) medical and health care professionals, including mental
and behavioral health professionals such as psychologists,
psychiatrists, social workers, therapists, counselors, and
others.
(c) Authorization of Appropriations.--There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for
each of fiscal years 2001 through 2003.
SEC. 402. RAPE PREVENTION AND EDUCATION.
(a) In General.--Part J of title III of the Public Health Service
Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393A
the following:
``SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
``(a) Permitted Use.--The Secretary, acting through the National
Center for Injury Prevention and Control at the Centers for Disease
Control and Prevention, shall award targeted grants to States to be
used for rape prevention and education programs conducted by rape
crisis centers, State sexual assault coalitions, and other public and
private nonprofit entities for--
``(1) educational seminars;
``(2) the operation of hotlines;
``(3) training programs for professionals;
``(4) the preparation of informational material;
``(5) education and training programs for students and
campus personnel designed to reduce the incidence of sexual
assault at colleges and universities;
``(6) education to increase awareness about drugs used to
facilitate rapes or sexual assaults; and
``(7) other efforts to increase awareness of the facts
about, or to help prevent, sexual assault, including efforts to
increase awareness in underserved communities and awareness
among individuals with disabilities (as defined in section 3 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
``(b) Collection and Dissemination of Information on Sexual
Assault.--The Secretary shall, through the National Resource Center on
Sexual Assault established under the National Center for Injury
Prevention and Control at the Centers for Disease Control and
Prevention, provide resource information, policy, training, and
technical assistance to Federal, State, local, and Indian tribal
agencies, as well as to State sexual assault coalitions and local
sexual assault programs and to other professionals and interested
parties on issues relating to sexual assault, including maintenance of
a central resource library in order to collect, prepare, analyze, and
disseminate information and statistics and analyses thereof relating to
the incidence and prevention of sexual assault.
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14211) to carry out this section, $50,000,000 for each
of fiscal years 2001 through 2005.
``(2) National resource center allotment.--Of the total
amount made available under this subsection in each fiscal
year, not more than the greater of $1,000,000 or 2 percent of
such amount shall be available for allotment under subsection
(b).
``(d) Limitations.--
``(1) Supplement not supplant.--Amounts provided to States
under this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended to
provide services of the type described in subsection (a).
``(2) Studies.--A State may not use more than 2 percent of
the amount received by the State under this section for each
fiscal year for surveillance studies or prevalence studies.
``(3) Administration.--A State may not use more than 5
percent of the amount received by the State under this section
for each fiscal year for administrative expenses.''.
(b) Repeal.--Section 40151 of the Violence Against Women Act of
1994 (108 Stat. 1920), and the amendment made by such section, is
repealed.
SEC. 403. EDUCATION AND TRAINING TO END VIOLENCE AGAINST AND ABUSE OF
WOMEN WITH DISABILITIES.
(a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services, may award grants to States and
nongovernmental private entities to provide education and technical
assistance for the purpose of providing training, consultation, and
information on domestic violence, stalking, and sexual assault against
women who are individuals with disabilities (as defined in section 3 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
(b) Priorities.--In awarding grants under this section, the
Attorney General shall give priority to applications designed to
provide education and technical assistance on--
(1) the nature, definition, and characteristics of domestic
violence, stalking, and sexual assault experienced by women who
are individuals with disabilities;
(2) outreach activities to ensure that women who are
individuals with disabilities who are victims of domestic
violence, stalking, and sexual assault receive appropriate
assistance;
(3) the requirements of shelters and victim services
organizations under Federal anti-discrimination laws, including
the Americans with Disabilities Act of 1990 and section 504 of
the Rehabilitation Act of 1973; and
(4) cost-effective ways that shelters and victim services
may accommodate the needs of individuals with disabilities in
accordance with the Americans with Disabilities Act of 1990.
(c) Uses of Grants.--Each recipient of a grant under this section
shall provide information and training to organizations and programs
that provide services to individuals with disabilities, including
independent living centers, disability-related service organizations,
and domestic violence programs providing shelter or related assistance.
(d) Authorization of Appropriations.--There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for
each of fiscal years 2001 through 2005.
SEC. 404. COMMUNITY INITIATIVES.
Section 318 of the Family Violence Prevention and Services Act (42
U.S.C. 10418) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) by redesignating subparagraph (H) as
subparagraph (I); and
(C) by inserting after subparagraph (G) the
following:
``(H) groups that provide services to individuals
with disabilities;''; and
(2) by striking subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for
each of fiscal years 2001 through 2005.''.
SEC. 405. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE VIOLENCE
AGAINST WOMEN ACT OF 1994.
(a) In General.--The Attorney General shall--
(1) direct the National Institute of Justice, in
consultation and coordination with the Bureau of Justice
Statistics and the National Academy of Sciences, through its
National Research Council, to develop a research agenda based
on the recommendations contained in the report entitled
``Understanding Violence Against Women'' of the National
Academy of Sciences ; and
(2) not later than 1 year after the date of enactment of
this Act, in consultation with the Secretary of the Department
of Health and Human Services, submit to Congress a report which
shall include--
(A) a description of the research agenda developed
under paragraph (1) and a plan to implement that
agenda;
(B) recommendations for priorities in carrying out
that agenda to most effectively advance knowledge about
and means by which to prevent or reduce violence
against women.
(b) Authorization of Appropriations.--There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 31001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) such sums as may be necessary to carry
out this section.
TITLE V--BATTERED IMMIGRANT WOMEN
SEC. 501. SHORT TITLE.
This title may be cited as the ``Battered Immigrant Women
Protection Act of 2000''.
SEC. 502. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the goal of the immigration protections for battered
immigrants included in the Violence Against Women Act of 1994
was to remove immigration laws as a barrier that kept battered
immigrant women and children locked in abusive relationships;
(2) providing battered immigrant women and children who
were experiencing domestic violence at home with protection
against deportation allows them to obtain protection orders
against their abusers and frees them to cooperate with law
enforcement and prosecutors in criminal cases brought against
their abusers and the abusers of their children without fearing
that the abuser will retaliate by withdrawing or threatening
withdrawal of access to an immigration benefit under the
abuser's control; and
(3) there are several groups of battered immigrant women
and children who do not have access to the immigration
protections of the Violence Against Women Act of 1994 which
means that their abusers are virtually immune from prosecution
because their victims can be deported as a result of action by
their abusers and the Immigration and Naturalization Service
cannot offer them protection no matter how compelling their
case under existing law.
(b) Purposes.--The purposes of this title are--
(1) to remove barriers to criminal prosecutions of persons
who commit acts of battery or extreme cruelty against immigrant
women and children; and
(2) to offer protection against domestic violence occurring
in family and intimate relationships that are covered in State
and tribal protection orders, domestic violence, and family law
statutes.
SEC. 503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE
AGAINST WOMEN ACT OF 1994 FOR BATTERED IMMIGRANT WOMEN.
(a) Intended Spouse Defined.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the
following:
``(50) The term `intended spouse' means any alien who meets the
criteria set forth in section 204(a)(1)(A)(iii)(II)(aa)(BB),
204(a)(1)(B)(ii)(II)(aa)(BB), or 240A(b)(2)(A)(i)(III).''.
(b) Immediate Relative Status for Self-Petitioners Married to U.S.
Citizens.--
(1) Self-petitioning spouses.--
(A) Battery or cruelty to alien or alien's child.--
Section 204(a)(1)(A)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is
amended to read as follows:
``(iii)(I) An alien who is described in subclause (II) may file a
petition with the Attorney General under this clause for classification
of the alien (and any child of the alien) if the alien demonstrates to
the Attorney General that--
``(aa) the marriage or the intent to marry the United
States citizen was entered into in good faith by the alien; and
``(bb) during the marriage or relationship intended by the
alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme
cruelty perpetrated by the alien's spouse or intended spouse.
``(II) For purposes of subclause (I), an alien described in this
subclause is an alien--
``(aa)(AA) who is the spouse of a citizen of the United
States;
``(BB) who believed that he or she had married a citizen of
the United States and with whom a marriage ceremony was
actually performed and who otherwise meets any applicable
requirements under this Act to establish the existence of and
bona fides of a marriage, but whose marriage is not legitimate
solely because of the bigamy of such citizen of the United
States; or
``(CC) who was a bona fide spouse of a United States
citizen within the past 2 years and--
``(aaa) whose spouse died within the past 2 years;
``(bbb) whose spouse lost or renounced citizenship
status related to an incident of domestic violence; or
``(ccc) who demonstrates a connection between the
legal termination of the marriage and battering or
extreme cruelty by the United States citizen spouse;
``(bb) who is a person of good moral character;
``(cc) who is eligible to be classified as an immediate
relative under section 201(b)(2)(A)(i) or who would have been
so classified but for the bigamy of the citizen of the United
States that the alien intended to marry; and
``(dd) who has resided with the alien's spouse or intended
spouse.''.
(2) Self-petitioning children.--Section 204(a)(1)(A)(iv) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)(iv)) is amended to read as follows:
``(iv) An alien who is the child of a citizen of the United States,
or who was a child of a United States citizen parent who lost or
renounced citizenship status related to an incident of domestic
violence, and who is a person of good moral character, who is eligible
to be classified as an immediate relative under section
201(b)(2)(A)(i), and who resides, or has resided in the past, with the
citizen parent may file a petition with the Attorney General under this
subparagraph for classification of the alien (and any child of the
alien) under such section if the alien demonstrates to the Attorney
General that the alien has been battered by or has been the subject of
extreme cruelty perpetrated by the alien's citizen parent. For purposes
of this clause, residence includes any period of visitation.''.
(3) Filing of petitions.--Section 204(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1154 (a)(1)(A)(iv))
is amended by adding at the end the following:
``(v) An alien who is the spouse, intended spouse, or child of a
United States citizen living abroad and who is eligible to file a
petition under clause (iii) or (iv) shall file such petition with the
Attorney General under the procedures that apply to self-petitioners
under clauses (iii) or (iv).''.
(c) Second Preference Immigration Status for Self-Petitioners
Married to Lawful Permanent Residents.--
(1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(B)(ii)) is amended to read as follows:
``(ii)(I) An alien who is described in subclause (II) may file a
petition with the Attorney General under this clause for classification
of the alien (and any child of the alien) if such a child has not been
classified under clause (iii) of section 203(a)(2)(A) and if the alien
demonstrates to the Attorney General that--
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