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Calendar No. 676
106th CONGRESS
2d Session
S. 2787
To reauthorize the Federal programs to prevent violence against women,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26, 2000
Mr. Biden (for himself, Mr. Hatch, Mr. Leahy, Mr. Abraham, Mr. Kennedy,
Mr. Specter, Mr. Kohl, Mr. Roth, Mrs. Feinstein, Mr. Jeffords, Mr.
Torricelli, Ms. Snowe, Mr. Schumer, Mr. DeWine, Mrs. Murray, Mr.
Ashcroft, Ms. Landrieu, Mr. Murkowski, Mr. Lautenberg, Mr. Santorum,
Mr. Reid, Ms. Collins, Mr. Reed, Mrs. Hutchison, Mr. Dodd, Mr. L.
Chafee, Mr. Kerry, Mr. Allard, Ms. Mikulski, Mr. Robb, Mr. Wellstone,
Mr. Sarbanes, Mr. Daschle, Mr. Bryan, Mr. Smith of Oregon, Mr. Johnson,
Mr. Bingaman, Mr. Lieberman, Mr. Levin, Mr. Byrd, Mr. Cleland, Mr.
Dorgan, Mr. Edwards, Mr. Hollings, Mr. Breaux, Mr. Kerrey, Mr. Harkin,
Mr. Bayh, Mr. Graham, Mr. Baucus, Mrs. Boxer, Mr. Feingold, Mr.
Rockefeller, Mrs. Lincoln, and Mr. Wyden) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
July 12, 2000
Reported by Mr. Hatch, without amendment
_______________________________________________________________________
A BILL
To reauthorize the Federal programs to prevent violence against women,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Violence Against
Women Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Accountability and oversight.
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN
Sec. 101. Full faith and credit enforcement of protection orders.
Sec. 102. Role of courts.
Sec. 103. Reauthorization of STOP grants.
Sec. 104. Reauthorization of grants to encourage arrest policies.
Sec. 105. Reauthorization of rural domestic violence and child abuse
enforcement grants.
Sec. 106. National stalker and domestic violence reduction.
Sec. 107. Amendments to domestic violence and stalking offenses.
Sec. 108. Grants to reduce violent crimes against women on campus.
TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE
Sec. 201. Legal assistance for victims.
Sec. 202. Shelter services for battered women and children.
Sec. 203. Transitional housing assistance for victims of domestic
violence.
Sec. 204. National domestic violence hotline.
Sec. 205. Federal victims counselors.
Sec. 206. Study of State laws regarding insurance discrimination
against victims of violence against women.
Sec. 207. Study of workplace effects from violence against women.
Sec. 208. Study of unemployment compensation for victims of violence
against women.
Sec. 209. Enhancing protections for older women from domestic violence
and sexual assault.
TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
Sec. 301. Safe havens for children pilot program.
Sec. 302. Reauthorization of runaway and homeless youth grants.
Sec. 303. Reauthorization of victims of child abuse programs.
Sec. 304. Report on effects of parental kidnapping laws in domestic
violence cases.
TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE
AGAINST WOMEN
Sec. 401. Education and training in appropriate responses to violence
against women.
Sec. 402. Rape prevention and education.
Sec. 403. Education and training to end violence against and abuse of
women with disabilities.
Sec. 404. Community initiatives.
Sec. 405. Development of research agenda identified by the Violence
Against Women Act of 1994.
TITLE V--BATTERED IMMIGRANT WOMEN
Sec. 501. Short title.
Sec. 502. Findings and purposes.
Sec. 503. Improved access to immigration protections of the Violence
Against Women Act of 1994 for battered
immigrant women.
Sec. 504. Improved access to cancellation of removal and suspension of
deportation under the Violence Against
Women Act of 1994.
Sec. 505. Offering equal access to immigration protections of the
Violence Against Women Act of 1994 for all
qualified battered immigrant self-
petitioners.
Sec. 506. Restoring immigration protections under the Violence Against
Women Act of 1994.
Sec. 507. Remedying problems with implementation of the immigration
provisions of the Violence Against Women
Act of 1994.
Sec. 508. Technical correction to qualified alien definition for
battered immigrants.
Sec. 509. Access to Cuban Adjustment Act for battered immigrant spouses
and children.
Sec. 510. Access to the Nicaraguan Adjustment and Central American
Relief Act for battered spouses and
children.
Sec. 511. Access to the Haitian Refugee Fairness Act of 1998 for
battered spouses and children.
Sec. 512. Access to services and legal representation for battered
immigrants.
TITLE VI--EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND
Sec. 601. Extension of Violent Crime Reduction Trust Fund.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``domestic violence'' has the meaning given
the term in section 2003 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); and
(2) the term ``sexual assault'' has the meaning given the
term in section 2003 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
SEC. 3. ACCOUNTABILITY AND OVERSIGHT.
(a) Report by Grant Recipients.--The Attorney General or Secretary
of Health and Human Services, as applicable, shall require grantees
under any program authorized or reauthorized by this Act or an
amendment made by this Act to report on the effectiveness of the
activities carried out with amounts made available to carry out that
program, including number of persons served, if applicable, numbers of
persons seeking services who could not be served and such other
information as the Attorney General or Secretary may prescribe.
(b) Report to Congress.--The Attorney General or Secretary of
Health and Human Services, as applicable, shall report annually to the
Committees on the Judiciary of the House of Representatives and the
Senate on the grant programs described in subsection (a), including the
information contained in any report under that subsection.
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN
SEC. 101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.
(a) In General.--Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
(1) in the heading, by adding ``AND ENFORCEMENT OF
PROTECTION ORDERS'' at the end;
(2) in section 2101(b)--
(A) in paragraph (6), by inserting ``(including
juvenile courts)'' after ``courts''; and
(B) by adding at the end the following:
``(7) To provide technical assistance and computer and
other equipment to police departments, prosecutors, courts, and
tribal jurisdictions to facilitate the widespread enforcement
of protection orders, including interstate enforcement,
enforcement between States and tribal jurisdictions, and
enforcement between tribal jurisdictions.''; and
(3) in section 2102--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``and''
at the end;
(ii) in paragraph (2), by striking the
period at the end and inserting ``, including
the enforcement of protection orders from other
States and jurisdictions (including tribal
jurisdictions);''; and
(iii) by adding at the end the following:
``(3) have established cooperative agreements or can
demonstrate effective ongoing collaborative arrangements with
neighboring jurisdictions to facilitate the enforcement of
protection orders from other States and jurisdictions
(including tribal jurisdictions); and
``(4) will give priority to using the grant to develop and
install data collection and communication systems, including
computerized systems, and training on how to use these systems
effectively to link police, prosecutors, courts, and tribal
jurisdictions for the purpose of identifying and tracking
protection orders and violations of protection orders, in those
jurisdictions where such systems do not exist or are not fully
effective.''; and
(B) by adding at the end the following:
``(c) Dissemination of Information.--The Attorney General shall
annually compile and broadly disseminate (including through electronic
publication) information about successful data collection and
communication systems that meet the purposes described in this section.
Such dissemination shall target States, State and local courts, Indian
tribal governments, and units of local government.''.
(b) Protection Orders.--
(1) Filing costs.--Section 2006 of part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-5) is amended--
(A) in the heading, by striking ``filing'' and
inserting ``and protection orders'' after ``charges'';
(B) in subsection (a)--
(i) by striking paragraph (1) and inserting
the following:
``(1) certifies that its laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or service
of a protection order, or a petition for a protection order, to
protect a victim of domestic violence, stalking, or sexual
assault, that the victim bear the costs associated with the
filing of criminal charges against the offender, or the costs
associated with the filing, issuance, registration, or service
of a warrant, protection order, petition for a protection
order, or witness subpoena, whether issued inside or outside
the State, tribal, or local jurisdiction; or''; and
(ii) in paragraph (2)(B), by striking ``2
years'' and inserting ``2 years after the date
of enactment of the Violence Against Women Act
of 2000''; and
(C) by adding at the end the following:
``(c) Definition.--In this section, the term `protection order' has
the meaning given the term in section 2266 of title 18, United States
Code.''.
(2) Eligibility for grants to encourage arrest policies.--
Section 2101 of part U of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
(A) in subsection (c), by striking paragraph (4)
and inserting the following:
``(4) certify that their laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or service
of a protection order, or a petition for a protection order, to
protect a victim of domestic violence, stalking, or sexual
assault, that the victim bear the costs associated with the
filing of criminal charges against the offender, or the costs
associated with the filing, issuance, registration, or service
of a warrant, protection order, petition for a protection
order, or witness subpoena, whether issued inside or outside
the State, tribal, or local jurisdiction.''; and
(B) by adding at the end the following:
``(d) Definition.--In this section, the term `protection order' has
the meaning given the term in section 2266 of title 18, United States
Code.''.
(3) Application for grants to encourage arrest policies.--
Section 2102(a)(1)(B) of part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
1(a)(1)(B)) is amended by inserting before the semicolon the
following: ``or, in the case of the condition set forth in
subsection 2101(c)(4), the expiration of the 2-year period
beginning on the date of enactment of the Violence Against
Women Act of 2000''.
(4) Registration for protection orders.--Section 2265 of
title 18, United States Code, is amended by adding at the end
the following:
``(d) Registration.--
``(1) In general.--A State or Indian tribe according full
faith and credit to an order by a court of another State or
Indian tribe shall not notify the party against whom a
protection order has been issued that the protection order has
been registered or filed in that enforcing State or tribal
jurisdiction unless requested to do so by the party protected under
such order.
``(2) No prior registration or filing required.--Any
protection order that is otherwise consistent with this section
shall be accorded full faith and credit, notwithstanding any
requirement that the order be registered or filed in the
enforcing State or tribal jurisdiction.
``(e) Notice.--A protection order that is otherwise consistent with
this section shall be accorded full faith and credit and enforced
notwithstanding the failure to provide notice to the party against whom
the order is made of its registration or filing in the enforcing State
or Indian tribe.
``(f) Tribal Court Jurisdiction.--For purposes of this section, a
tribal court shall have full civil jurisdiction over domestic relations
actions, including authority to enforce its orders through civil
contempt proceedings, exclusion of violators from Indian lands, and
other appropriate mechanisms, in matters arising within the authority
of the tribe and in which at least 1 of the parties is an Indian.''.
(c) Technical Amendment.--The table of contents for title I of the
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