HR 4663 IH

To provide civil legal assistance for victims of domestic violence and sexual assault.

June 14, 2000

Mrs. LOWEY introduced the following bill; which was referred to the Committee on the Judiciary

To provide civil legal assistance for victims of domestic violence and sexual assault.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I--ACCESS TO SAFETY AND ADVOCACY FOR VICTIMS OF VIOLENCE AGAINST WOMEN ACT

SEC. 101. SHORT TITLE.

This title may be cited as the `Access to Safety and Advocacy for Victims of Violence Against Women Act'.

SEC. 102. PURPOSE.

The purpose of this title is to enhance safety and justice for victims of sexual assault and domestic violence in every State, jurisdiction under military or Federal control, tribal land, territory, or commonwealth, through access to the justice system and improved civil legal assistance.

SEC. 103. GRANTS TO IMPROVE ACCESS TO THE CIVIL JUSTICE SYSTEM.

(a) ELIGIBLE GRANTEES- To be eligible for a grant under subsection (c) an applicant shall be a--

(1) nonprofit domestic violence victim service program;

(2) nonprofit sexual assault victim service program;

(3) State, tribal, or local coalition of domestic violence programs;

(4) State, tribal, or local coalition of sexual assault programs;

(5) State, tribal, or local bar association;

(6) law school program;

(7) nonprofit legal service provider;

(8) court-based pro se program; or

(9) tribe or tribally recognized organization.

(b) ELIGIBLE SERVICES-

(1) Activities funded under grants under subsection (c) shall be designed to further the health, safety, and economic needs of victims of domestic violence and sexual assault through legal assistance in any civil case, clemency proceeding, or violation or enforcement of a protection order.

(2) Activities funded under subsection (c) shall include civil legal assistance on behalf of persons who have inadequate access to sufficient financial resources to secure appropriate legal assistance.

(c) GRANT AUTHORITY- The Attorney General may make grants to enhance the availability and quality of civil legal assistance for victims of domestic violence and sexual assault through--

(1) efforts to further the health, safety, and economic needs of victims of domestic violence and sexual assault;

(2) the provision of comprehensive legal services to victims of domestic violence and sexual assault, including assistance in family law, protection order, violation of protection order, dependency, abuse and neglect, foster care, clemency, housing, landlord-tenant, consumer credit, public benefits, immigration, administrative, bankruptcy, property, estate, civil rights, employment, disciplinary, civil relief, restitution, and any civil legal matters arising from the effects of the assault or abuse or otherwise related to the health, safety, or economic well-being of the victim;

(3) the development of partnerships between domestic violence and sexual assault programs and civil legal assistance providers, including bar-sponsored pro bono projects and low-cost representation programs designed to serve victims of domestic violence and sexual assault;

(4) the improvement of court and administrative handling of pro se cases involving victims of domestic violence and sexual assault;

(5) efforts to enhance the availability and quality of civil legal representation through increasing law school programs on domestic violence and sexual assault;

(6) the development of training or technical assistance programs on State, tribal, or local levels to

improve the civil justice system's response to domestic violence and sexual assault; and

(7) the provision of civil legal assistance for the nonabusive parent in cases where the custody and visitation of children subjected to child sexual abuse is sought or challenged by the abusive parent or provision of civil legal assistance for the nonabusive parent in any child welfare or abuse and neglect proceedings involving children subjected to sexual abuse.

SEC. 104. APPLICATION.

To be eligible for a grant under section 103(c), applicants shall comply with the following:

(1) For entities primarily serving domestic violence victims, offer comprehensive family law services at a minimum and may also provide a broader range of civil legal services. Applicants that have not previously provided family law services may partner with any other eligible grantee with the capacity to provide these services in order to satisfy this requirement.

(2) For entities described in paragraphs (5) through (9) of section 103(a), consult and coordinate with a nonprofit, nongovernmental victim services program including a local, State, or tribal sexual assault or domestic violence victim services program.

(3) Certify in writing that--

(A) any person providing civil legal assistance through a program funded under section 103(c) has completed or will complete training on the dynamics of domestic violence or sexual assault and related legal issues;

(B) any training program conducted in satisfaction of the requirement of subparagraph (A) 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;

(C) any person or organization providing civil legal assistance through a program funded under section 103(c) has informed or will inform State, local, or tribal domestic violence or sexual assault programs or coalitions of their work; and

(D) the grantee's organizational policies do not require or encourage mediation or counseling involving offenders and victims, in cases where sexual assault, domestic violence, or child sexual abuse is an issue.

SEC. 105. FUNDING.

(a) FUNDING LEVELS- There are authorized to be appropriated for grants under section 103(c)--

(1) $60,000,000 for fiscal year 2001;

(2) $70,000,000 for fiscal year 2002;

(3) $84,000,000 for fiscal year 2003;

(4) $102,000,000 for fiscal year 2004; and

(5) $124,000,000 for fiscal year 2005.

(b) ALLOCATION OF FUNDS- Of the total amounts appropriated under subsection (a) in any fiscal year--

(1) at least 65 percent shall be allocated to projects that provide direct services to victims of domestic violence and sexual assault;

(2) at least 5 percent shall be used for grants for tribes and tribally recognized organizations;

(3) no more than 10 percent shall be awarded to technical assistance and training initiatives;

(4) no more than 5 percent shall be awarded to evaluation;

(5) 5 percent shall be utilized for the costs of administration of this program; and

(6) at least 25 percent of the funds used for direct services, training, and technical assistance shall be used to support projects focused solely or primarily on civil legal assistance for victims of sexual assault.

(c) DISCRIMINATION- Activities funded under section 103(c) shall be conducted pursuant to any applicable Federal, State, or local law governing discrimination on the basis of race, color, national origin, religion, sex, or disability, and shall be subject to section 307(a)(2) of the Family Violence Prevention and Services Act (42 U.S.C. 10406(a)(2)). Entities funded under section 103(c) shall not be restricted from providing services because of the age, immigration status, or sexual orientation of the persons seeking services.

SEC. 106. EVALUATION OF ACCESS TO SAFETY AND ADVOCACY GRANTS.

The Attorney General may evaluate the grants funded under section 103(c) through contracts or other arrangements with entities expert on sexual assault or domestic violence and evaluation research.

SEC. 107. DEFINITIONS.

For purposes of this title:

(1) DOMESTIC VIOLENCE- The term `domestic violence' includes acts or threats of violence, and stalking, not including acts of self-defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim, by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, by a person similarly situated to a spouse of the victim under the domestic violence or family violence laws of the jurisdiction, or by any other person against a victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

(2) NONPROFIT DOMESTIC VIOLENCE VICTIM SERVICE PROGRAM- The term `nonprofit domestic violence victim service program' means a nonprofit nongovernmental organization, the primary purpose of which is to provide advocacy on behalf of and comprehensive services to victims of domestic violence, including some combination of the following: crisis hotlines, shelter or safe homes, transitional housing, counseling, systems advocacy, safety planning, information and referral, and legal assistance.

(3) SEXUAL ASSAULT- The term `sexual assault' means any conduct proscribed by chapter 109A of title 18, United States Code, whether or not the conduct occurs in the special maritime and territorial jurisdictions or tribal jurisdictions of the United States or in a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by

offenders who are known to the victim or related by blood or marriage to the victim.

(4) NONPROFIT SEXUAL ASSAULT VICTIM SERVICE PROGRAM- The term `nonprofit sexual assault victim service program' means a nonprofit, nongovernmental organization, the primary purpose of which is to provide advocacy on behalf of and comprehensive services to victims of sexual assault including some combination of the following: crisis hotlines; counseling; systems advocacy; transportation; safety planning; information; and referrals to legal assistance.

(5) LAW SCHOOL PROGRAM- The term `law school program' means an internship, externship, clinic, or other legal representation program or initiative located at an accredited school of law which has as its primary purpose the provision of civil legal representation, information, or assistance to victims of domestic violence and sexual assault;

(6) STATE OR LOCAL COALITION OF DOMESTIC VIOLENCE PROGRAMS- The term `State or local coalition of domestic violence programs' means a private, nonprofit, nongovernmental membership organization of domestic violence programs that, among the other activities, provides training and technical assistance to domestic violence programs within the State, commonwealth, territory, local government, or lands under military or Federal authority.

(7) STATE OR LOCAL COALITION OF SEXUAL ASSAULT PROGRAMS- The term `State or local coalition of sexual assault programs' means a private nonprofit, nongovernmental membership organization that, among other activities, provides training and technical assistance to sexual assault programs within the State, commonwealth, territory, or lands under military, Federal, or tribal authority.

(8) TRIBALLY RECOGNIZED ORGANIZATION- The term `tribally recognized organization' means a tribally chartered organization or a nonprofit organization operating within the boundaries of an Indian reservation or serving primarily Indian or Alaska Native populations whose governing body reflects the populations served.

(9) TRIBAL COALITION OF DOMESTIC VIOLENCE PROGRAMS- The term `tribal coalition of domestic violence programs' means a private nonprofit coalition whose membership includes representatives from a majority of the programs for victims of domestic violence operating within the boundaries of an Indian reservation and programs whose primary purpose is serving the population of such Indian country, and show board memberships representative of such programs.

TITLE II--ACCESS TO SAFETY AND ADVOCACY FOR BATTERED IMMIGRANTS

SEC. 201. BATTERED IMMIGRANTS.

Section 1006 of the Legal Services Corporation Act (42 U.S.C. 2996e) is amended by adding at the end the following:

`(g) A recipient of funds from the Corporation shall not be prohibited from--

`(1) using funds derived from a source other than the Corporation to provide legal assistance to any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief from such battery or cruelty; and

`(2) using Corporation funds to provide legal assistance to any alien who has been battered or subjected to extreme cruelty who qualifies for classification under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii), (iii), or (iv) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or subsection (b)(2) of section 240A of such Act (8 U.S.C. 1229b) or 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 (8 U.S.C. 1101 note) to prevent or obtain relief from such battery or cruelty.'.

SEC. 202. PRIOR GRANTEES OF CIVIL LEGAL ASSISTANCE PROGRAM

(a) SECTION 502- Section 502 of the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119; 111 Stat. 2440, 2453 (1997)), is amended by adding inserting `, including civil legal assistance for any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief from such battery or cruelty' after `$12,000,000 which shall be used exclusively for the purpose of strengthening civil legal assistance for victims of domestic violence'.

(b) SECTION 1201- Section 1201(b) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-62 (1998)), is amended by adding inserting `, including civil legal assistance for any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief from such battery or cruelty' after `$23,000,000 which shall be used exclusively for the purpose of strengthening civil legal assistance for victims of domestic violence'.

(c) APPENDIX- Appendix A of the Consolidated Appropriations Act, 2000 (Public Law 106-113; 113 Stat. 1501, 1501A-15 (1999)), is amended by adding inserting `, including civil legal assistance for any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief from such battery or cruelty' after `$28,000,000 which shall be used exclusively for the purpose of strengthening civil legal assistance programs for victims of domestic violence'.

END