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H.R.3244
Victims of Trafficking and Violence Protection Act of 2000 (Enrolled
Bill (Sent to President))
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 nonprofit 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.
(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.
`(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.
`(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.
`(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.
(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--
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