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H.R.357
Violence Against Women Act of 1999 (Introduced in the
House)
SEC. 639. ACCESS TO LEGAL SERVICES CORPORATION FUNDS.
(a) STATUTORY CONSTRUCTION ON LEGAL ASSISTANCE FUNDS-
Section 502 of the Departments of Commerce, Justice, and State, the
Judiciary and Related Agencies Appropriations Act, 1998 (Public Law 105-119)
is amended by adding at the end the following:
`(c) This section shall not be construed to prohibit a recipient from--
`(1) using funds derived from a source other than the Legal Services
Corporation to provide related legal assistance (as that term is defined in
subsection (b)(2)) to any alien who has been battered or subjected to
extreme cruelty by a person with whom the alien has a relationship covered
by the domestic violence laws of the State in which the alien resides or in
which an incidence of violence occurred;
`(2) using Legal Services Corporation funds to provide related legal
assistance to any alien who has been battered or subjected to extreme
cruelty who qualifies for relief under clause (iii), (iv), (v), or (vi) of
section 204(a)(1)(A) or clause (ii), (iii), or (iv) of section 204(a)(1)(B)
of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)).'.
SEC. 640. VIOLENCE AGAINST WOMEN ACT TRAINING FOR INS OFFICERS, IMMIGRATION
JUDGES, AND CIVIL AND CRIMINAL COURT JUSTICE SYSTEM PERSONNEL.
(a) VIOLENCE AGAINST WOMEN-
(1) MILITARY TRAINING CONCERNING DOMESTIC VIOLENCE- The Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by
adding after section 2006 (42 U.S.C. 3796gg-5) the following new
section:
`SEC. 2007. MILITARY TRAINING CONCERNING DOMESTIC VIOLENCE.
`Each branch of the United States military is required to train its
supervisory military officers on domestic violence, the dynamics of domestic
violence in military families, the types of protection available for battered
immigrant women and children in the Violence Against Women Act, and the
problems of domestic violence in families in which a United States citizen or
lawful permanent resident member of the military is married to a non-United
States citizen.'.
(2) TECHNICAL- Section 2001(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3795gg(a)) is amended by inserting `the
Immigration and Naturalization Service and the Executive Office of
Immigration Review,' after `Indian tribal governments,'.
(3) TECHNICAL- Section 2001(b)(1) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg(b)(1)) is amended by inserting `,
immigration and asylum officers, immigration judges,' after `law enforcement
officers'.
[NOTE: Review the amendments made by section 102(C) which are
duplicative of this] (4) TRAINING- Section 2001(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)(1)) is
amended--
(A) at the end of paragraph (6) by striking `and';
(B) at the end of paragraph (7) by striking the period and inserting
`; and'; and
(C) by inserting after paragraph (7) the following new
paragraph:
`(8) training justice system personnel on the immigration provisions of
the Violence Against Women Act of 1994 and their ramifications for victims
of domestic violence appearing in civil and criminal court proceedings and
potential immigration consequences for the perpetrators of domestic
violence.'.
(b) POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES-
Section 287(g)(10) of the Immigration and Nationality Act (8 U.S.C.
1357(g)(10)) is amended by adding at the end the following: `It is the intent
of the Congress
that none of the provisions of this section have the effect of discouraging
crime victim cooperation with law enforcement and prosecutors. Public policy
favors encouraging prosecution of criminals and nothing in this section shall be
construed to discourage crime victims and domestic violence victims from
reporting crimes committed against them to police, from cooperating in criminal
prosecutions, or from obtaining from courts protection orders or other legal
relief needed to protect crime victims from ongoing violence under State or
Federal laws.'.
(c) REPORT- Not later than 6 months after the date of enactment of this
Act, the Attorney General shall submit a report to the Committees on the
Judiciary of the Senate and House of Representatives on--
(1) the number of and processing times of petitions under clauses (iii)
and (iv) of section 204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)) and clauses (ii)
and (iii) of section 204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)) at district
offices of the Immigration and Naturalization Service and at the regional
office of the Service in St. Albans, Vermont;
(2) the policy and procedures of the Immigration and Naturalization
Service by which an alien who has been battered or subjected to extreme
cruelty who is eligible for suspension of deportation or cancellation of
removal can place such alien in deportation or removal proceedings so that
such alien may apply for suspension of deportation or cancellation of
removal, the number of requests filed at each district office under this
policy and the number of these requests granted broken out by District;
and
(3) 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 immigrant appears before an immigration judge to file an
application for suspension of deportation or cancellation of removal.
SEC. 641. PROTECTION FOR CERTAIN VICTIMS OF CRIMES AGAINST WOMEN.
Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)) is amended by adding at the end the following:
`(M)(i) an immigrant who--
`(I) is a victim of one of the following crimes committed in the
United States: rape, torture, incest, battery or extreme cruelty, sexual
assault, female genital mutilation, forced prostitution, trafficking,
being held hostage, or any other violent crime where--
`(aa) the perpetrator has been arrested;
`(bb) the victim has filed a complaint, the complaint has been
investigated by a law enforcement agency that referred the case to a
prosecutor;
`(cc) a prosecutor has filed a case charging the
perpetrator;
`(dd) a Federal or State administrative agency has brought an
enforcement action against the perpetrator based upon actions that would
constitute a crime listed in section 101(a)(27)(v)(I); or
`(ee) a Federal or State court has made a judicial finding in a
civil or criminal case that actions that would constitute a crime listed
in section 101(a)(27(v)(I) occurred;
`(II) is a person of good moral character; and
`(III) can demonstrate that their deportation will cause extreme
hardship to themselves or their children or (in the case of an alien who
is a child) to the alien's parent; and
`(IV) who submits to the Attorney General certification from a Federal
or State law enforcement officer, prosecutor, judge or a Federal or State
administrative staff person responsible for bringing enforcement actions
that the alien is willing to cooperate and has cooperated in a criminal or
civil court action or Federal or State administrative agency enforcement
action. .
`(ii) For purposes of making good moral character determinations under
this subparagraph, the Attorney General is not limited by the criminal court
record and may waive the bar to issuing a finding of good moral character
under subsection (f) in the case of an immigrant who otherwise qualifies for
relief under clause (i) despite the existence of any disqualifying act or
criminal conviction.
`(iii) For the purposes of this section, trafficking consists of all
acts involved in the recruitment, transportation, or holding of persons
within or across borders, involving deception, coercion or force, abuse of
authority, debt bondage, or fraud for the purpose of placing persons in
situations of abuse or exploitation such as forced prostitution, battering
and extreme cruelty, sweatshop labor, or exploitative domestic
servitude.'.
(b) ADJUSTMENT OF STATUS FOR CERTAIN VICTIMS OF CRIMES- Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the
end the following:
`(l) SPECIAL IMMIGRANT UNDER SECTION 101(a)(27)(v)- In applying this
section to a special immigrant described in section 101(a)(27)(v)--
`(1) such an immigrant shall be deemed, for purposes of subsection (a),
to have been paroled into the United States; and
`(2) none of the provisions of subsection (c) shall apply with the
exception of subsections (c)(5) and (c)(6).'.
(c) CANCELLATION OF REMOVAL FOR CERTAIN VICTIMS OF CRIMES- Section 240A(b)
of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended by
redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2)
the following:
`(3) SPECIAL RULE FOR CERTAIN VICTIMS OF CRIME- The Attorney General may
cancel removal of, and adjust to the status of an alien lawfully admitted
for permanent residence, an alien who--
`(A) is inadmissible or deportable from the United States;
`(B) meets the qualifications for designation as a special immigrant
as described in section 101(a)(27)(v);
`(C) 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;
`(D) the alien has been a person of good moral character during such
period;
`(E) the alien is not admissible under section 212(a)(3), is not
deportable under paragraph (1)(G), (3) or (4) of section 237(A) and has
not been convicted of an aggravated felony; and
`(F) the removal would result in extreme hardship to the alien, the
alien's child, or (in the case of an alien who is a child) to the alien's
parent.'.
Subtitle D--Conforming Amendments to the Violence Against Women
Act
SEC. 651. LAW ENFORCEMENT AND PROSECUTION GRANTS.
(a) Section 2001(b)(5) of the Omnibus Crime Control and Law Enforcement
Act of 1968 (42 U.S.C. 3796gg(b)(5)) is amended by striking `to racial,
cultural, ethnic, and language minorities' and inserting `to underserved
populations'.
(b) Section 2002(d)(1)(D) of the Omnibus Crime Control and Law Enforcement
Act of 1968 (42 U.S.C. 3796gg-1(d)(1)(D)) is amended to read as follows:
`(D) demographic characteristics of the populations to be served,
including marital status and the characteristics of any underserved
populations;'.
(c) Section 2003(7) of the Omnibus Crime Control and Law Enforcement Act
of 1968 (42 U.S.C. 3796gg-2(7)) is amended to read as follows:
`(7) the term `underserved populations' includes populations underserved
because of race, ethnicity, age, disability, sexual orientation, religion,
alienage status, geographic location (including rural isolation), language
barriers, and any other populations determined to be underserved by the
State planning process; and'.
(d) Section 2004(b)(3) of the Omnibus Crime Control and Law Enforcement
Act of 1968 (42 U.S.C. 3796gg-3(b)(3)) is amended by striking all that follows
`relationship of victim to offender' and inserting `and the membership of
persons served in any underserved populations; and'
SEC. 652. FAMILY VIOLENCE PREVENTION AND SERVICES ACT.
(a) Section 303(a)(2)(C) of the Family Violence Prevention and Services
Act (42 U.S.C. 10402(a)(2)(C)) is amended by striking `populations underserved
because of ethnic, racial, cultural, language diversity or geographic
isolation;' and inserting `populations underserved because of race, ethnicity,
age, disability, sexual orientation, religion, alienage status, geographic
location (including rural isolation), language barriers, and any other
populations determined to be underserved;'
(b) Section 311(a)(4) (42 U.S.C. 10410(a)(4)) of the Family Violence
Prevention and Services Act is amended by striking `underserved racial, ethnic
or language-minority populations' and inserting `underserved populations, as
that term is used in section 303(a)(2)(C)'.
(c) Section 316(e)(4) (42 U.S.C. 10416(e)(4)) is amended by striking all
that follows `to the provision of services' and inserting `to underserved
populations, as that term is used in section 303(a)(2)(C); and'.
TITLE VII--VIOLENCE AGAINST WOMEN AND THE WORKPLACE
SEC. 701. FINDINGS.
(1) victims and their families suffer from crime and its effects on a
daily basis;
(2) domestic crime against adults accounts for approximately 15 percent
of total crime costs in the United States each year;
(3) violence against women has been reported to be the leading cause of
physical injury to women, and it has a devastating impact on women's
physical and emotional health and financial security;
(4) the Department of Justice estimates that intimate partners commit
more than 1,000,000 violent crimes against women every year;
(5) American workers who have been victims of crime too often suffer
adverse consequences in the workplace as a result of their experiences as
crime victims;
(6) crime victims are particularly vulnerable to changes in employment,
pay, and benefits as a result of their victimizations, and are, therefore,
in need of legal protection;
(7) the prevalence of violence against women at work is dramatic:
homicide is the leading cause of death for women on the job; 8 percent of
all rapes occur in the workplace; women who are victims of violent workplace
crimes are twice as likely as men to know their attackers; husbands,
boyfriends, and ex-partners commit 15 percent of workplace homicides against
women; one study found that three-quarters of battered women who work were
harassed by telephone by their abuser at work;
(8) nearly 50 percent of rape victims lose their employment or are
forced to quit their jobs following the crime, and one quarter of battered
women surveyed have lost a job due in part to the effects of domestic
violence;
(9) the availability of economic support is a critical factor in
battered women's ability to leave abusive situations that threaten them and
their children, and over half of battered women surveyed stayed with their
batterers because they lacked resources to support themselves and their
children;
(10) according to the National Institute of Justice, crime costs an
estimated $450,000,000,000 annually in medical expenses, lost earnings,
social service costs, pain, suffering, and reduced quality of life for
victims, all of which harm our Nation's productivity and drain our Nation's
resources. Violent crime accounts for $426,000,000,000 of this amount;
(11) rape exacts the highest costs-per-victim of any criminal offense,
an estimated total of $127,000,000,000 per year, and recent governmental
estimates indicate that between 300,000 and 600,000 rapes and sexual
assaults occur annually in the United States;
(12) other violent offenses take unacceptably high tolls on the economy
as well, including assault ($93,000,000,000), murder ($71,000,000,000),
drunk driving (excluding fatalities) ($61,000,000,000), and child abuse
($56,000,000,000);
(13) violent crime results in wage losses equivalent to 1 percent of all
American earnings, causes 3 percent of the Nation's medical spending and 14
percent of injury-related medical spending;
(14) estimates show that employers pay between $3,000,000,000 and
$5,000,000,000 annually to cover the cost of crimes against employees and
their families;
(15) surveys of business executives and corporate security directors
also underscore the heavy toll that workplace violence takes on American
women, businesses, and interstate commerce;
(16) 94 percent of corporate security and safety directors at companies
nationwide rank domestic violence as a high-risk security problem;
(17) 49 percent of senior executives recently surveyed said domestic
violence has a harmful effect on their company's productivity, 47 percent
said domestic violence negatively affects attendance, and 44 percent said
domestic violence increases health care costs;
(18) only 12 States have enacted statutes forbidding employers from
taking adverse action against employees who have been victims of crime and
must participate in the criminal justice process during working hours, and
no State explicitly protects crime victims from other adverse action which
may result from their experiences and status as crime victims; and
(19) existing Federal law neither expressly authorizes battered women to
take leave from work to seek legal assistance and redress, counseling, or
assistance with safety planning activities nor does it protect crime victims
from retaliation, discharge, or other workplace penalties that may result
from their experiences and status as crime victims.
Subtitle A--National Clearinghouse on Domestic Violence and Sexual
Assault and the Workplace Grant
SEC. 711. NATIONAL CLEARINGHOUSE ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT AND
THE WORKPLACE GRANT.
(a) AUTHORITY- The Attorney General may make a grant in accordance with
this section to a private, nonprofit entity, tribal organization, or nonprofit
private organization that meets the requirements of subsection (b) in order to
provide for the establishment and operation of a national clearinghouse and
resource center to provide information and assistance to employers, labor
organizations, and domestic violence and sexual assault advocates in their
efforts to develop and implement appropriate responses to assist victims of
domestic violence and sexual assault.
(b) GRANTEES- Each applicant for a grant under subsection (a) shall submit
to the Attorney General an application, which shall--
(1) demonstrate that the applicant--
(A) has a nationally recognized expertise in the area of domestic
violence and sexual assault and a record of commitment and quality
responses to reduce domestic violence and sexual assault; and
(B) will provide matching funds from non-Federal sources in an amount
equal to not less than 10 percent of the total amount of the grant under
this section; and
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