[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4663 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4663

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2000

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

_______________________________________________________________________

                                 A BILL


 
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''.
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