II

106TH CONGRESS

1ST SESSION S. 245

To reauthorize the Federal programs to prevent violence against women,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. HATCH introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To reauthorize the Federal programs to prevent violence

against women, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Violence Against Women Act of 1999’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—STRENGTHENING LAW ENFORCEMENT TO REDUCE

VIOLENCE AGAINST WOMEN

Sec. 101. Full faith and credit enforcement of protection orders.
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Sec. 102. Reauthorization of STOP grants.

Sec. 103. Reauthorization of grants to encourage arrest policies.

Sec. 104. Grants to reduce violent crimes against women on campus.

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. Domestic violence against women by members of the Armed Forces.

TITLE II—STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec. 201. Shelters for battered women and children.

Sec. 202. National domestic violence hotline.

Sec. 203. Battered immigrant women.

TITLE III—LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec. 301. Reauthorization of runaway and homeless youth grants.

Sec. 302. Reauthorization of victims of child abuse programs.

TITLE IV—STRENGTHENING EDUCATION AND TRAINING TO

COMBAT VIOLENCE AGAINST WOMEN

Sec. 401. Education and training to end violence against and abuse of women

with disabilities.

Sec. 402. Community initiatives.

1 SEC. 2. DEFINITIONS.

2 In this Act—

3 (1) the term ‘‘domestic violence’’ has the mean4 ing given the term in section 2003 of title I of the

5 Omnibus Crime Control and Safe Streets Act of

6 1968 (42 U.S.C. 3796gg–2); and

7 (2) the term ‘‘sexual assault’’ has the meaning

8 given the term in section 2003 of title I of the Om9 nibus Crime Control and Safe Streets Act of 1968

10 (42 U.S.C.3796gg–2).
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1 TITLE I—STRENGTHENING LAW

2 ENFORCEMENT TO REDUCE

3 VIOLENCE AGAINST WOMEN

4 SEC. 101. FULL FAITH AND CREDIT ENFORCEMENT OF PRO5 TECTION ORDERS.

6 (a) IN GENERAL.—Part U of title I of the Omnibus

7 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

8 3796hh et seq.) is amended—

9 (1) in the part heading, by adding ‘‘AND EN10 FORCEMENT OF PROTECTION OR11 DERS’’ at the end;

12 (2) in section 2101(b), by adding at the end the

13 following:

14 ‘‘(7) To provide technical assistance and com15 puter and other equipment to police departments,

16 prosecutors, and courts to facilitate interstate en17 forcement of protection orders.’’; and

18 (3) in section 2102—

19 (A) in subsection (b)—

20 (i) in paragraph (1), by striking

21 ‘‘and’’ at the end;

22 (ii) in paragraph (2), by striking the

23 period at the end and inserting ‘‘, includ24 ing the enforcement of protection orders

25 from other States and jurisdictions;’’; and
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1 (iii) by adding at the end the follow2 ing:

3 ‘‘(3) have established cooperative agreements

4 with neighboring jurisdictions to facilitate the en5 forcement of protection orders from other States and

6 jurisdictions; and

7 ‘‘(4) will use the grant to develop and install

8 data collection and communication systems, includ9 ing computerized systems, linking police, prosecu10 tors, and courts for the purpose of identifying and

11 tracking protection orders and violations of protec12 tion orders.’’; and

13 (B) by adding at the end the following:

14 ‘‘(c) DISSEMINATION OF INFORMATION.—The Attor15 ney General shall annually compile and broadly dissemi16 nate (including through electronic publication) informa17 tion about successful data collection and communication

18 systems that meet the purposes described in subsection

19 (b)(3). Such dissemination shall target States, State and

20 local courts, Indian tribal governments, and units of local

21 government.’’.

22 (b) TECHNICAL AMENDMENT.—The table of contents

23 for title I of the Omnibus Crime Control and Safe Streets

24 Act of 1968 (42 U.S.C. 3711 et seq.) is amended in the
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1 item relating to part U, by adding ‘‘AND ENFORCEMENT

2 OF PROTECTION ORDERS’’ at the end.

3 SEC. 102. REAUTHORIZATION OF STOP GRANTS.

4 (a) REAUTHORIZATION.—Section 1001(a)(18) of title

5 I of the Omnibus Crime Control and Safe Streets Act of

6 1968 (42 U.S.C. 3793(a)(18)) is amended to read as fol7 lows:

8 ‘‘(18) There is authorized to be appropriated from

9 the Violent Crime Reduction Trust Fund established

10 under section 310001 of the Violent Crime Control and

11 Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry

12 out part T $185,000,000 for each of fiscal years 1999

13 through 2002.’’.

14 (b) STATE COALITION GRANTS.—Section 2001(b)(5)

15 of part T of title I of the Omnibus Crime Control and

16 Safe Streets Act of 1968 (42 U.S.C. 3796) is amended

17 by inserting ‘‘, and the forms of violence and abuse suf18 fered by women who are individuals with disabilities (as

19 defined in section 3 of the Americans with Disabilities Act

20 of 1990 (42 U.S.C. 12102))’’.

21 SEC. 103. REAUTHORIZATION OF GRANTS TO ENCOURAGE

22 ARREST POLICIES.

23 Section 1001(a)(19) of title I of the Omnibus Crime

24 Control and Safe Streets Act of 1968 (42 U.S.C.

25 3793(a)(19)) is amended to read as follows:
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1 ‘‘(19) There is authorized to be appropriated from

2 the Violent Crime Reduction Trust Fund established

3 under section 310001 of the Violent Crime Control and

4 Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry

5 out part U $65,000,000 for each of fiscal years 1999

6 through 2002.’’.

7 SEC. 104. GRANTS TO REDUCE VIOLENT CRIMES AGAINST

8 WOMEN ON CAMPUS.

9 (a) IN GENERAL.—Title I of the Omnibus Crime

10 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

11 et seq.) is amended—

12 (1) by redesignating part Z as part AA;

13 (2) by redesignating section 2601 as section

14 2701; and

15 (3) by inserting after part Y the following:

16 ‘‘PART Z—GRANTS TO COMBAT VIOLENT CRIMES

17 AGAINST WOMEN ON CAMPUSES

18 ‘‘SEC. 2601. PURPOSE OF THE PROGRAM AND GRANTS.

19 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

20 this part is to assist institutions of higher education in

21 bringing together college personnel, security, students,

22 and victim services to strengthen law enforcement strate23 gies in combating violent crimes against women on cam24 puses and to improve services to victims.
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1 ‘‘(b) PURPOSES FOR WHICH GRANTS MAY BE

2 USED.—Grants under this part shall provide personnel,

3 training, technical assistance, data collection, and other

4 equipment for the more widespread investigation, appre5 hension, prosecution, and adjudication of persons commit6 ting violent crimes against women on campuses, and spe7 cifically, for the purposes of—

8 ‘‘(1) training campus administrators and cam9 pus security personnel to more effectively identify

10 and respond to violent crimes against women on

11 campus, including the crimes of sexual assault,

12 stalking, and domestic violence;

13 ‘‘(2) developing and implementing more effec14 tive campus security and investigative policies, pro15 tocols, orders, and services specifically devoted to

16 preventing, identifying, and responding to violent

17 crimes against women on campus, including the

18 crimes of sexual assault, stalking, and domestic vio19 lence;

20 ‘‘(3) developing, enlarging, or strengthening vic21 tim services programs, for local campuses, including

22 sexual assault, stalking, and domestic violence pro23 grams;

24 ‘‘(4) developing or improving delivery of victim

25 services on campuses, including on-campus programs
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1 that provide counseling, support, and victim advo2 cacy; and

3 ‘‘(5) supporting improved coordination between

4 campus administrators and campus security person5 nel, and local criminal justice authorities to reduce

6 violent crimes against women on campus.

7 ‘‘SEC. 2602. CAMPUS GRANTS.

8 ‘‘(a) IN GENERAL.—The Attorney General may make

9 grants to institutions of higher education in accordance

10 with this part, for use by campus personnel and nonprofit

11 victim services programs to assist campus administrators

12 and campus security personnel (including employees, con13 tractors, and volunteers) to develop and strengthen—

14 ‘‘(1) effective security and investigation strate15 gies to combat violent crimes against women on

16 campuses, particularly sexual assault, stalking, and

17 domestic violence; and

18 ‘‘(2) victim services in cases involving violent

19 crimes against women on campuses, which may in20 clude partnerships with local criminal justice au21 thorities and community-based victims services agen22 cies.

23 ‘‘(b) APPLICATION REQUIREMENTS.—Each applica24 tion under this part shall meet the requirements of section

25 517 and shall include documentation demonstrating—
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1 ‘‘(1) need for the grant funds;

2 ‘‘(2) intended use of the grant funds;

3 ‘‘(3) expected results from the use of the grant

4 funds; and

5 ‘‘(4) characteristics of the population being

6 served, including number of students and type of

7 campus and demographic characteristics of the pop8 ulation and documentation of services to under9 served populations.

10 ‘‘(c) CERTIFICATIONS.—The certifications described

11 in this subsection are certifications that the applicant

12 will—

13 ‘‘(1) use the grant amount under this part for

14 the purposes described in section 2601(b);

15 ‘‘(2) establish a plan to monitor and evaluate

16 the use of funds; and

17 ‘‘(3) use any Federal funds received under this

18 part to supplement, not supplant, non-Federal funds

19 that would otherwise be available for activities fund20 ed under this part.

21 ‘‘(d) DISBURSEMENT.—

22 ‘‘(1) IN GENERAL.—Not later than 60 days

23 after the receipt of an application under this part,

24 the Attorney General shall—
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1 ‘‘(A) make a grant in accordance with this

2 part to the applicant; or

3 ‘‘(B) inform the applicant of the reasons

4 that the application does not meet the require5 ments of section 517 or the requirements of

6 this section.

7 ‘‘(2) REGULATIONS.—In making grants under

8 this part, the Attorney General shall—

9 ‘‘(A) equitably distribute moneys on a geo10 graphic basis, including nonurban and rural

11 areas of various geographic sizes; and

12 ‘‘(B) recognize and address the needs of

13 underserved, including rural, populations.

14 ‘‘(e) FEDERAL SHARE.—The Federal share of a

15 grant made under this part may not exceed 75 percent

16 of the total cost of the projects described in the application

17 submitted under this part.

18 ‘‘SEC. 2603. DEFINITIONS.

19 ‘‘In this part—

20 ‘‘(1) the terms ‘domestic violence’, ‘sexual as21 sault’, ‘underserved populations’, and ‘victim serv22 ices’ have the meaning given the terms in section

23 2003; and

24 ‘‘(2) the term ‘institutions of higher education’

25 has the meaning given the term in section 1201(a)
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1 of the Higher Education Act of 1965 (20 U.S.C.

2 1141(a)).’’.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

4 1001 of the Omnibus Crime Control and Safe Streets Act

5 of 1968 (42 U.S.C. 3793), is amended—

6 (1) in paragraph (3), by striking ‘‘and X’’ and

7 inserting ‘‘X, and Z’’; and

8 (2) by adding at the end the following:

9 ‘‘(24) There is authorized to be appropriated

10 from the Violent Crime Reduction Trust Fund es11 tablished under section 310001 of the Violent Crime

12 Control and Law Enforcement Act of 1994 (42

13 U.S.C. 14211) to carry out part Z $10,000,000 for

14 each of fiscal years 1999 through 2002.’’.

15 SEC. 105. REAUTHORIZATION OF RURAL DOMESTIC VIO16 LENCE AND CHILD ABUSE ENFORCEMENT

17 GRANTS.

18 (a) REAUTHORIZATION.—Section 40295(c)(1) of the

19 Violence Against Women Act of 1994 (42 U.S.C.

20 13971(c)(1)) is amended to read as follows:

21 ‘‘(1) IN GENERAL.—There is authorized to be

22 appropriated from the Violent Crime Reduction

23 Trust Fund established under section 310001 of the

24 Violent Crime Control and Law Enforcement Act of

25 1994 (42 U.S.C. 14211) to carry out this section
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1 $40,000,000 for each of fiscal years 1999 through

2 2002.’’.

3 (b) INDIAN TRIBES.—Section 40295(c) of the Vio4 lence Against Women Act of 1994 (42 U.S.C. 13971(c))

5 is amended by adding at the end the following:

6 ‘‘(3) ALLOTMENT FOR INDIAN TRIBES.—

7 ‘‘(A) IN GENERAL.—Not less than 5 per8 cent of the total amount made available to

9 carry out this section for each fiscal year shall

10 be available for grants to Indian tribal govern11 ments.

12 ‘‘(B) REALLOTMENT OF FUNDS.—If, be13 ginning 9 months after the last day of any fis14 cal year for which amounts are made available

15 to carry out this paragraph, any amount made

16 available under this paragraph remains unobli17 gated, the unobligated amount may be allocated

18 without regard to subparagraph (A).’’.

19 SEC. 106. NATIONAL STALKER AND DOMESTIC VIOLENCE

20 REDUCTION.

21 (a) REAUTHORIZATION.—Section 40603 of the Vio22 lence Against Women Act of 1994 (42 U.S.C. 14032) is

23 amended to read as follows:
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1 ‘‘SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There is authorized to be appropriated from the Vio3 lent Crime Reduction Trust Fund established under sec4 tion 310001 of the Violent Crime Control and Law En5 forcement Act of 1994 (42 U.S.C. 14211) to carry out

6 this subtitle $3,000,000 for each of fiscal years 1999

7 through 2002.’’.

8 (b) TECHNICAL AMENDMENT.—Section 40602(a) of

9 the Violence Against Women Act of 1994 (42 U.S.C.

10 14031 note) is amended by inserting ‘‘and implement’’

11 after ‘‘improve’’.

12 SEC. 107. AMENDMENTS TO DOMESTIC VIOLENCE AND

13 STALKING OFFENSES.

14 (a) INTERSTATE DOMESTIC VIOLENCE.—Section

15 2261(a) of title 18, United States Code, is amended to

16 read as follows:

17 ‘‘(a) OFFENSES.—

18 ‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A

19 person who travels in interstate or foreign commerce

20 or to or from Indian country with the intent to in21 jure, harass, or intimidate a spouse or intimate part22 ner, and who, in the course of or as a result of such

23 travel, commits or attempts to commit a crime of vi24 olence against that spouse or intimate partner, shall

25 be punished as provided in subsection (b).
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1 ‘‘(2) CAUSING TRAVEL OF VICTIM.—A person

2 who causes a spouse or intimate partner to travel in

3 interstate or foreign commerce or to or from Indian

4 country by force, coercion, duress, or fraud, and

5 who, in the course of or as a result of such conduct

6 or travel, commits or attempts to commit a crime of

7 violence against that spouse or intimate partner,

8 shall be punished as provided in subsection (b).’’.

9 (b) INTERSTATE STALKING.—Section 2261A of title

10 18, United States Code, is amended to read as follows:

11 ‘‘§ 2261A. Interstate stalking

12 ‘‘Whoever—

13 ‘‘(1) with the intent to injure, harass, or intimi14 date another person, engages in the special maritime

15 and territorial jurisdiction of the United States in

16 conduct that places that person in reasonable fear of

17 the death of, or serious bodily injury to, that person

18 or a member of that person’s immediate family (as

19 defined in section 115); or

20 ‘‘(2) with the intent to injure, harass, or intimi21 date another person, travels in interstate or foreign

22 commerce or to or from Indian country, and in the

23 course of or as a result of such travel engages in

24 conduct that places that person in reasonable fear of

25 the death of, or serious bodily injury to, that person
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1 or a member of that person’s immediate family (as

2 defined in section 115),

3 shall be punished as provided in section 2261.’’.

4 (c) INTERSTATE VIOLATION OF PROTECTION

5 ORDER.—Section 2262(a) of title 18, United States Code,

6 is amended to read as follows:

7 ‘‘(a) OFFENSES.—

8 ‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A

9 person who travels in interstate or foreign commerce

10 or to or from Indian country with the intent to en11 gage in conduct that violates the portion of a protec12 tion order that prohibits or provides protection

13 against violence, threats, or harassment against,

14 contact or communication with, or physical proxim15 ity to, another person, or that would violate such a

16 portion of a protection order in the jurisdiction in

17 which the order was issued, and subsequently en18 gages in such conduct, shall be punished as provided

19 in subsection (b).

20 ‘‘(2) CAUSING TRAVEL OF VICTIM.—A person

21 who causes another person to travel in interstate or

22 foreign commerce or to or from Indian country by

23 force, coercion, duress, or fraud, and in the course

24 of or as a result of such conduct or travel engages

25 in conduct that violates the portion of a protection
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1 order that prohibits or provides protection against

2 violence, threats, or harassment against, contact or

3 communication with, or physical proximity to, an4 other person, or that would violate such a portion of

5 a protection order in the jurisdiction in which the

6 order was issued, shall be punished as provided in

7 subsection (b).’’.

8 (d) DEFINITIONS.—Section 2266 of title 18, United

9 States Code, is amended—

10 (1) by inserting after the first undesignated

11 paragraph the following:

12 ‘‘ ‘serious bodily injury’ has the meaning stated in

13 section 2119(2).’’; and

14 (2) by striking the final undesignated para15 graph and inserting the following:

16 ‘‘ ‘travel in interstate or foreign commerce’ does not

17 include travel from 1 State to another by an individ18 ual who is a member of an Indian tribe and who re19 mains at all times in the territory of the Indian tribe

20 of which the individual is a member.’’.

21 SEC. 108. DOMESTIC VIOLENCE AGAINST WOMEN BY MEM22 BERS OF THE ARMED FORCES.

23 (a) REQUIREMENT FOR REVIEW.—The Secretary of

24 Defense shall conduct a detailed review of the extent of

25 the occurrence of domestic violence by members of the
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1 Armed Forces at military installations inside and outside

2 the United States and the actions taken within the De3 partment of Defense to prevent, control, and otherwise re4 spond to domestic violence by Armed Forces personnel at

5 the military installations. The Secretary shall commence

6 the review not later than 30 days after the date of the

7 enactment of this Act.

8 (b) REPORT.—Not later than 180 days after the date

9 of the enactment of this Act, the Secretary shall submit

10 to the Senate and the House of Representaives a report

11 on the review required by subsection (a). The report shall

12 include a detailed discussion of the results of the review

13 and any recommendations for actions responding to do14 mestic violence at the military installations.

15 TITLE II—STRENGTHENING

16 SERVICES TO VICTIMS OF VI17 OLENCE

18 SEC. 201. SHELTERS FOR BATTERED WOMEN AND CHIL19 DREN.

20 (a) REAUTHORIZATION.—Section 310(a) of the Fam21 ily Violence Prevention and Services Act (42 U.S.C.

22 10409(a)) is amended to read as follows:

23 ‘‘(a) IN GENERAL.—

24 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

25 There are authorized to be appropriated to carry out
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1 this title $120,000,000 for each of the fiscal years

2 2001 and 2002.

3 ‘‘(2) SOURCE OF FUNDS.—Amounts made avail4 able under paragraph (1) may be appropriated from

5 the Violent Crime Reduction Trust Fund established

6 under section 310001 of the Violent Crime Control

7 and Law Enforcement Act of 1994 (42 U.S.C.

8 14211).’’.

9 (b) NEEDS ASSESSMENT.—Title III of the Family

10 Violence Prevention and Services Act (42 U.S.C. 10401

11 et seq.) is amended by adding at the end the following:

12 ‘‘SEC. 319. NEEDS ASSESSMENT.

13 ‘‘In carrying out this title, the Secretary shall provide

14 for the conduct of a nationwide needs assessment relating

15 to the programs carried out under this title. In awarding

16 grants, application shall indicate number of persons served

17 and develop a plan for evaluating need and utility of serv18 ices.’’.

19 SEC. 202. NATIONAL DOMESTIC VIOLENCE HOTLINE.

20 (a) REAUTHORIZATION.—Section 316(f)(1) of the

21 Family Violence Prevention and Services Act (42 U.S.C.

22 10416(f)(1)) is amended to read as follows:

23 ‘‘(1) IN GENERAL.—There are authorized to be

24 appropriated from the Violent Crime Reduction

25 Trust Fund established under section 310001 of the
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1 Violent Crime Control and Law Enforcement Act of

2 1994 (42 U.S.C. 14211) to carry out this section

3 $2,000,000 for each of fiscal years 1999 through

4 2002.’’.

5 (b) REPORT BY GRANTEES.—Section 316 of the

6 Family Violence Prevention and Services Act (42 U.S.C.

7 10416) is amended by adding at the end the following:

8 ‘‘(g) REPORT BY GRANTEES.—

9 ‘‘(1) IN GENERAL.—Not later than 90 days

10 after the date of enactment of this subsection, each

11 recipient of a grant under this section shall prepare

12 and submit a report to the Secretary that evaluates

13 the effectiveness of the use of amounts received by

14 the recipient under this section and containing such

15 other information as the Secretary may prescribe.

16 ‘‘(2) NOTICE AND PUBLIC COMMENT.—Before

17 renewing any grant under this section, the Secretary

18 shall publish in the Federal Register a copy of each

19 report submitted under this subsection and provide

20 not less than 90 days for notice and opportunity for

21 public comment on the published report.’’.

22 SEC. 203. BATTERED IMMIGRANT WOMEN.

23 (a) REMOVING BARRIERS TO ADJUSTMENT OF STA24 TUS FOR VICTIMS OF DOMESTIC VIOLENCE.—
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1 (1) IN GENERAL.—Section 245 of the Immigra2 tion and Nationality Act (8 U.S.C. 1255) is

3 amended—

4 (A) in subsection (a), by inserting ‘‘of an

5 alien who qualifies for classification under sub6 paragraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of

7 section 204(a)(1) or’’ after ‘‘The status’’;

8 (B) in subsection (a), by adding at the end

9 the following: ‘‘An alien who qualifies for classi10 fication under subparagraph (A)(iii), (A)(iv),

11 (B)(ii), or (B)(iii) of section 204(a)(1) who files

12 for adjustment of status under this subsection

13 shall pay a $1,000 fee, subject to the provisions

14 of section 245(k).’’;

15 (C) in subsection (c)(2), by striking

16 ‘‘201(b) or a special’’ and inserting ‘‘201(b), an

17 alien who qualifies for classification under sub18 paragraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of

19 section 204(a)(1), or a special’’;

20 (D) in subsection (c)(4), by striking

21 ‘‘201(b))’’ and inserting ‘‘201(b) or an alien

22 who qualifies for classification under subpara23 graph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of sec24 tion 204(a)(1))’’;
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1 (E) in subsection (c)(5), by inserting

2 ‘‘(other than an alien who qualifies for classi3 fication under subparagraph (A)(iii), (A)(iv),

4 (B)(ii), or (B)(iii) of section 204(a)(1))’’ after

5 ‘‘an alien’’; and

6 (F) in subsection (c)(8), by inserting

7 ‘‘(other than an alien who qualifies for classi8 fication under subparagraph (A)(iii), (A)(iv),

9 (B)(ii), or (B)(iii) of section 204(a)(1)’’ after

10 ‘‘any alien’’.

11 (2) EFFECTIVE DATE.—The amendments made

12 by paragraph (1) shall apply to applications for ad13 justment of status pending on or after the date of

14 the enactment of this Act.

15 (b) REMOVING BARRIERS TO CANCELLATION OF RE16 MOVAL AND SUSPENSION OF DEPORTATION FOR VICTIMS

17 OF DOMESTIC VIOLENCE.—

18 (1) IN GENERAL.—

19 (A) SPECIAL RULE FOR CALCULATING

20 CONTINUOUS PERIOD FOR BATTERED SPOUSE

21 OR CHILD.—Paragraph (1) of section 240A(d)

22 of the Immigration and Nationality Act (8

23 U.S.C. 1229b(d)(1)) is amended to read as fol24 lows:

25 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—
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1 ‘‘(A) IN GENERAL.—Except as provided in

2 subparagraph (B), for purposes of this section,

3 any period of continuous residence or continu4 ous physical presence in the United States shall

5 be deemed to end when the alien is served a no6 tice to appear under section 239(a) or when the

7 alien has committed an offense referred to in

8 section 212(a)(2) that renders the alien inad9 missible to the United States under section

10 212(a)(2) or removable from the United States

11 under section 237(a) (2) or (4), whichever is

12 earliest.

13 ‘‘(B) SPECIAL RULE FOR BATTERED

14 SPOUSE OR CHILD.—For purposes of subsection

15 (b)(2), the service of a notice to appear referred

16 to in subparagraph (A) shall not be deemed to

17 end any period of continuous physical presence

18 in the United States.’’.

19 (B) EXEMPTION FROM ANNUAL LIMITA20 TION ON CANCELLATION OF REMOVAL FOR BAT21 TERED SPOUSE OR CHILD.—Section 240A(e)(3)

22 of the Immigration and Nationality Act (8

23 U.S.C. 1229b(e)(3)) is amended by adding at

24 the end the following:
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1 ‘‘(C) Aliens whose removal is canceled

2 under subsection (b)(2).’’.

3 (C) EFFECTIVE DATE.—The amendments

4 made by subparagraphs (A) and (B) shall take

5 effect as if included in the enactment of section

6 304 of the Illegal Immigration Reform and Im7 migrant Responsibility Act of 1996 (Public Law

8 104–208; 110 Stat. 587).

9 (2) MODIFICATION OF CERTAIN TRANSITION

10 RULES FOR BATTERED SPOUSE OR CHILD.—

11 (A) IN GENERAL.—Subparagraph (C) of

12 section 309(c)(5) of the Illegal Immigration Re13 form and Immigrant Responsibility Act of 1996

14 (8 U.S.C. 1101 note) (as amended by section

15 203 of the Nicaraguan Adjustment and Central

16 American Relief Act) is amended—

17 (i) by amending the subparagraph

18 heading to read as follows:

19 ‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS

20 GRANTED TEMPORARY PROTECTION FROM DE21 PORTATION AND FOR BATTERED SPOUSES AND

22 CHILDREN.—’’; and

23 (ii) in clause (i)—

24 (I) by striking ‘‘or’’ at the end of

25 subclause (IV);
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1 (II) by striking the period at the

2 end of subclause (V) and inserting ‘‘;

3 or’’; and

4 (III) by adding at the end the

5 following:

6 ‘‘(VI) is an alien who was issued

7 an order to show cause or was in de8 portation proceedings prior to April 1,

9 1997, and who applied for suspension

10 of deportation under section 244(a)(3)

11 of the Immigration and Nationality

12 Act (as in effect before the date of en13 actment of this Act).’’.

14 (B) EFFECTIVE DATE.—The amendments

15 made by subparagraph (A) shall take effect as

16 if included in the enactment of section 309 of

17 the Illegal Immigration Reform and Immigrant

18 Responsibility Act of 1996 (8 U.S.C. 1101

19 note).

20 (c) ELIMINATING TIME LIMITATIONS ON MOTIONS

21 TO REOPEN REMOVAL AND DEPORTATION PROCEEDINGS

22 FOR VICTIMS OF DOMESTIC VIOLENCE.—

23 (1) REMOVAL PROCEEDINGS.—

24 (A) IN GENERAL.—Section 240(c)(6)(C) of

25 the Immigration and Nationality Act (8 U.S.C.
25

•S 245 IS

1 1229a(c)(6)(C)) is amended by adding at the

2 end the following:

3 ‘‘(iv) SPECIAL RULE FOR BATTERED

4 SPOUSES AND CHILDREN.—There is no

5 time limit on the filing of a motion to re6 open, and the deadline specified in sub7 section (b)(5)(C) does not apply, if the

8 basis of the motion is to apply for adjust9 ment of status based on a petition filed

10 under clause (iii) or (iv) of section

11 204(a)(1)(A), clause (ii) or (iii) of section

12 204(a)(1)(B), or section 240A(b)(2) and if

13 the motion to reopen is accompanied by a

14 cancellation of removal application to be

15 filed with the Attorney General or by a

16 copy of the self-petition that will be filed

17 with the Immigration and Naturalization

18 Service upon the granting of the motion to

19 reopen.’’.

20 (B) EFFECTIVE DATE.—The amendments

21 made by subparagraph (A) shall take effect as

22 if included in the enactment of section 304 of

23 the Illegal Immigration Reform and Immigrant

24 Responsibility Act of 1996 (Public Law 104–

25 208; 110 Stat. 587).
26

•S 245 IS

1 (2) DEPORTATION PROCEEDINGS.—

2 (A) IN GENERAL.—Notwithstanding any

3 limitation imposed by law on motions to reopen

4 deportation proceedings under the Immigration

5 and Nationality Act (as in effect before the title

6 III–A effective date in section 309 of the Illegal

7 Immigration Reform and Immigrant Respon8 sibility Act of 1996 (8 U.S.C. 1101 note)),

9 there is no time limit on the filing of a motion

10 to reopen such proceedings, and the deadline

11 specified in section 242B(c)(3) of the Immigra12 tion and Nationality Act (as so in effect) does

13 not apply if the basis of the motion is to apply

14 for relief under clause (iii) or (iv) of section

15 204(a)(1)(A) of the Immigration and National16 ity Act, clause (ii) or (iii) of section

17 204(a)(1)(B) of such Act, or section 244(a)(3)

18 of such Act (as so in effect) and if the motion

19 to reopen is accompanied by a cancellation of

20 removal application to be filed with the Attor21 ney General or by a copy of the self-petition

22 that will be filed with the Immigration and Nat23 uralization Service upon the granting of the

24 motion to reopen.
27

•S 245 IS

1 (B) APPLICABILITY.—Subparagraph (A)

2 shall apply to motions filed by aliens who—

3 (i) are, or were, in deportation pro4 ceedings under the Immigration and Na5 tionality Act (as in effect before the title

6 III–A effective date in section 309 of the

7 Illegal Immigration Reform and Immigrant

8 Responsibility Act of 1996 (8 U.S.C. 1101

9 note)); and

10 (ii) have become eligible to apply for

11 relief under clause (iii) or (iv) of section

12 204(a)(1)(A) of the Immigration and Na13 tionality Act, clause (ii) or (iii) of section

14 204(a)(1)(B) of such Act, or section

15 244(a)(3) of such Act (as in effect before

16 the title III–A effective date in section 309

17 of the Illegal Immigration Reform and Im18 migrant Responsibility Act of 1996 (8

19 U.S.C. 1101 note)) as a result of the

20 amendments made by—

21 (I) subtitle G of title IV of the

22 Violent Crime Control and Law En23 forcement Act of 1994 (Public Law

24 103–322; 108 Stat. 1953 et seq.); or

25 (II) subsection (b) of this section.
28

•S 245 IS

1 TITLE III—LIMITING THE EF2 FECTS OF VIOLENCE ON

3 CHILDREN

4 SEC. 301. REAUTHORIZATION OF RUNAWAY AND HOMELESS

5 YOUTH GRANTS.

6 (a) IN GENERAL.—Section 316(c) of the Runaway

7 and Homeless Youth Act (42 U.S.C. 5712d(c)) is amend8 ed to read as follows:

9 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

10 is authorized to be appropriated from the Violent Crime

11 Reduction Trust Fund established under section 310001

12 of the Violent Crime Control and Law Enforcement Act

13 of 1994 (42 U.S.C. 14211) to carry out this section

14 $20,000,000 for each of fiscal years 1999 through 2002.’’.

15 (b) DISSEMINATION OF INFORMATION.—Section 316

16 of part A of the Runaway and Homeless Youth Act (42

17 U.S.C. 5712d) is amended—

18 (1) by redesignating subsection (d) as sub19 section (e); and

20 (2) by inserting after subsection (c) the follow21 ing:

22 ‘‘(d) DISSEMINATION OF INFORMATION.—The Sec23 retary shall annually compile and broadly disseminate (in24 cluding through electronic publication) information about

25 the use of amounts expended and the projects funded
29

•S 245 IS

1 under this subtitle, including any evaluations of the

2 projects and information to enable replication and adop3 tion of the strategies identified in the projects. Such dis4 semination shall target community-based programs, in5 cluding domestic violence and sexual assault programs.’’.

6 SEC. 302. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE

7 PROGRAMS.

8 (a) COURT-APPOINTED SPECIAL ADVOCATE PRO9 GRAM.—Section 218(a) of the Victims of Child Abuse Act

10 of 1990 (42 U.S.C. 13014(a)) is amended to read as fol11 lows:

12 ‘‘(a) AUTHORIZATION.—There are authorized to be

13 appropriated from the Violent Crime Reduction Trust

14 Fund established under section 310001 of the Violent

15 Crime Control and Law Enforcement Act of 1994 (42

16 U.S.C. 14211) to carry out this subtitle—

17 ‘‘(1) $9,000,000 for fiscal year 1999;

18 ‘‘(2) $10,000,000 for fiscal year 2000; and

19 ‘‘(3) $12,000,000 for each of fiscal years 2001

20 and 2002.’’.

21 (b) CHILD ABUSE TRAINING PROGRAMS FOR JUDI22 CIAL PERSONNEL AND PRACTITIONERS.—Section 224(a)

23 of the Victims of Child Abuse Act of 1990 (42 U.S.C.

24 13024(a) is amended to read as follows:
30

•S 245 IS

1 ‘‘(a) AUTHORIZATION.—There are authorized to be

2 appropriated from the Violent Crime Reduction Trust

3 Fund established under section 310001 of the Violent

4 Crime Control and Law Enforcement Act of 1994 (42

5 U.S.C. 14211) to carry out this subtitle—

6 ‘‘(1) $2,000,000 for fiscal year 1999; and

7 ‘‘(2) $2,300,000 for each of fiscal years 2000

8 through 2002.’’.

9 (c) DISSEMINATION OF INFORMATION.—The Attor10 ney General shall annually compile and broadly dissemi11 nate (including through electronic publication) informa12 tion about the use of amounts expended and the projects

13 funded under section 218(a) of the Victims of Child Abuse

14 Act of 1990 (42 U.S.C. 13014(a)), section 224(a) of the

15 Victims of Child Abuse Act of 1990 (42 U.S.C. 13024(a)),

16 and section 1007(a)(7) of title I of the Omnibus Crime

17 Control and Safe Streets Act of 1968 (42 U.S.C.

18 3793(a)(7)), including any evaluations of the projects and

19 information to enable replication and adoption of the

20 strategies identified in the projects. Such dissemination

21 shall target community-based programs, including domes22 tic violence and sexual assault programs.
31

•S 245 IS

1 TITLE IV—STRENGTHENING

2 EDUCATION AND TRAINING

3 TO COMBAT VIOLENCE

4 AGAINST WOMEN

5 SEC. 401. EDUCATION AND TRAINING TO END VIOLENCE

6 AGAINST AND ABUSE OF WOMEN WITH DIS7 ABILITIES.

8 (a) IN GENERAL.—The Attorney General shall make

9 grants to States and nongovernmental private entities to

10 provide education and technical assistance for the purpose

11 of providing training, consultation, and information on vi12 olence, abuse, and sexual assault against women who are

13 individuals with disabilities (as defined in section 3 of the

14 Americans with Disabilities Act of 1990 (42 U.S.C.

15 12102)).

16 (b) PRIORITIES.—In making grants under this sec17 tion, the Attorney General shall give priority to applica18 tions designed to provide education and technical assist19 ance on—

20 (1) the nature, definition, and characteristics of

21 violence, abuse, and sexual assault experienced by

22 women who are individuals with disabilities;

23 (2) outreach activities to ensure that women

24 who are individuals with disabilities who are victims
32

•S 245 IS

1 of violence, abuse, and sexual assault receive appro2 priate assistance;

3 (3) the requirements of shelters and victim

4 services organizations under Federal anti-discrimina5 tion laws, including the Americans with Disabilities

6 Act of 1990 and section 504 of the Rehabilitation

7 Act of 1973; and

8 (4) cost-effective ways that shelters and victim

9 services may accommodate the needs of individuals

10 with disabilities in accordance with the Americans

11 with Disabilities Act of 1990.

12 (c) USES OF GRANTS.—Each recipient of a grant

13 under this section shall provide information and training

14 to organizations and programs that provide services to in15 dividuals with disabilities, including independent living

16 centers, disability-related service organizations, and do17 mestic violence programs providing shelter or related as18 sistance.

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated from the Violent Crime Re21 duction Trust Fund established under section 310001 of

22 the Violent Crime Control and Law Enforcement Act of

23 1994 (42 U.S.C. 14211) to carry out this section

24 $5,000,000 for each of fiscal years 1999 through 2002.
33

•S 245 IS

1 SEC. 402. COMMUNITY INITIATIVES.

2 Section 318 of the Family Violence Prevention and

3 Services Act (42 U.S.C. 10418) is amended—

4 (1) in subsection (b)(2)—

5 (A) in subparagraph (G), by striking

6 ‘‘and’’ at the end;

7 (B) by redesignating subparagraph (H) as

8 subparagraph (I); and

9 (C) by inserting after subparagraph (G)

10 the following:

11 ‘‘(H) groups that provide services to or ad12 vocate on behalf of individuals with disabilities

13 (as defined in section 3 of the Americans with

14 Disabilities Act of 1990 (42 U.S.C. 12102));

15 and’’.

16 (2) by striking subsection (h) and inserting the

17 following:

18 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

19 is authorized to be appropriated from the Violent Crime

20 Reduction Trust Fund established under section 310001

21 of the Violent Crime Control and Law Enforcement Act

22 of 1994 (42 U.S.C. 14211) to carry out this section

23 $6,000,000 for each of fiscal years 1999 through 2002.’’.

Æ