[Congressional Record Volume 146, Number 82 (Monday, June 26, 2000)]
[Senate]
[Pages S5790-S5813]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEAHY:
S. 2783. A bill entitled the ``21st Century Law Enforcement and
Public Safety Act''; to the Committee on the Judiciary.
the 21st century law enforcement and public safety act
Mr. LEAHY. Mr. President, as ranking member of the Senate Committee
on the Judiciary, I am pleased to introduce at the request of the
Administration ``The 21st Century Law Enforcement and Public Safety
Act.'' This bill reflects the continuing aggressive approach of this
Administration and this Department of Justice, under the leadership of
Attorney General Janet Reno, to keep the both the violent and property
crime rates in this country going down.
Under the Attorney General's leadership and the programs established
by the Violent Crime Control and Law Enforcement Act of 1994, the
nation's serious crime rate has declined for eight straight years. We
are seeing the lowest recorded rates in many years. Murder rates have
fallen to their lowest levels in three decades. Even juvenile crime
rates have also been falling. According to the FBI's latest crime
statistics release, on May 7, 2000, in just the last year, there has
been a seven percent decline in reported serious violent and property
crime from 1998 totals. Both murder and robbery registered eight
percent drops, while forcible rape and aggravated assault figures each
declined by seven percent from 1998. This is cause for commendation for
the Attorney General and our Federal, State and local law enforcement
officers, to whom all Americans owe an enormous thanks for a job well
done.
This Administration has not rested on its laurels, however. Instead,
the Administration has crafted the bill I introduce on their behalf
today. It contains a number of good ideas to which the Judiciary
Committee and the Congress should pay attention. Unfortunately, the
Committee and the Congress has spent more time on symbolic issues, such
as a proposed amendments to the Constitution to protect the flag and
crime victims than to other concrete steps we could take to combat
crime and school violence. Indeed, the majority in Congress has stalled
any conference action on the Hatch-Leahy juvenile justice legislation,
S. 254, which passed the Senate by a substantial majority in May, 1999.
The Administration's bill contains five titles focusing on various
aspects of crime. Title I contains proposals for supporting local law
enforcement and promoting crime-fighting technologies, including
expanding the purpose of COPS grants by funding an increase in the
number of prosecutors as well as police; authorizing grants to improve
the technology used for investigations in underserved rural areas--less
than 25,000 people; and extending the Leahy-Campbell Bulletproof Vest
Partnership Grant Act.
Title II contains many proposals for breaking the cycle of drugs and
violence. Title III would promote investigative and prosecutorial tools
for fighting terrorism and international crime. Title IV would
reauthorize certain VAWA programs and provide other assistance to
victims of crime and consumer fraud. In addition, this title contains
important proposals to prevent and punish abuse and neglect of the
elderly and other residents in nursing homes and health care facilities
and environmental crimes. The last title would strengthen federal
criminal laws to combat white collar crime, including in correction
facilities and involving the theft of government property.
While I have concerns with certain parts of the bill, such as
proposals for increases in mandatory minimum penalties, a new death
penalty provision and broad administrative subpoena authority, I
support many other parts, such as the Extension of Bulletproof Vest
Partnership Grant Act to assist law enforcement in Vermont and across
the nation obtain bulletproof vests and stay safe on the job.
Again, I commend the Attorney General and the Administration for this
important legislation and their efforts to keep Americans safe from
crime.
______
By Mrs. FEINSTEIN:
[[Page S5791]]
S. 2784. A bill entitled ``Santa Rosa and San Jacinto Mountains
National Monument Act of 2000''; to the Committee on Energy and Natural
Resources.
santa rosa and san jacinto mountains national monument act of 2000
Mrs. FEINSTEIN. Mr. President, I am pleased to introduce this
bill today to designate the Santa Rosa/San Jacinto mountain range in
southern California as a National Monument. This bill was introduced by
Congresswoman Mary Bono earlier in the year. An almost identical
version of this bill was passed out of the House Resources Committee
earlier in the week.
The Santa Rosa and San Jacinto Mountains contain nationally
significant biological, cultural, recreational, geological,
educational, and scientific values. This includes magnificent vistas,
unique wildlife and mountains which rise from the desert floor to an
elevation of almost eleven thousand feet. These mountains provide a
picturesque backdrop for Coachella Valley communities and support a
wide array of recreational opportunities.
The bill designates this environmentally sensitive area as a monument
and instructs the Department of Interior and the Forest Service to
craft a management plan. The bill protects the rights of individual
land owners, Native American tribes, and all lands outside the monument
boundary. It protects the environment and preserves property rights.
The bill has bipartisan support and supported by most of the local
community.
This bill is quite timely. Three hundred and fifty-five thousand
acres of the Sequoia National Forest were designated a national
monument by President Clinton on April 15. Over the sixty-day period
preceding the designation, many members of the affected community
expressed significant opposition to the monument designation. I came to
believe that when possible, Congress is in the best position to decide
monument and other land use designations and can best ensure that
stakeholders affected by such a designation have ample opportunity to
provide input, influence the process and understand the designation.
I believe this bill is the proper way to protect this majestic
national resource.
______
By Mr. BIDEN (for himself, Mr. Hatch, Mr. Leahy, Mr. Abraham, Mr.
Kennedy, Mr. Specter, Mr. Kohl, Mr. Roth, Mrs. Feinstein, Mr.
Jeffords, Mr. Torricelli, Ms. Snowe, Mr. Schumer, Mr. DeWine,
Mrs. Murray, Mr. Ashcroft, Ms. Landrieu, Mr. Murkowski, Mr.
Lautenberg, Mr. Santorum, Mr. Reid, Ms. Collins, Mr. Reed, Mrs.
Hutchison, Mr. Dodd, Mr. L. Chafee, Mr. Kerry, Mr. Allard, Mr.
Robb, Mr. Wellstone, Mr. Sarbanes, Mr. Daschle, Mr. Bryan, Ms.
Mikulski, Mr. Smith of Oregon, Mr. Johnson, Mr. Bingaman, Mr.
Lieberman, Mr. Levin, Mr. Byrd, Mr. Cleland, Mr. Dorgan, Mr.
Edwards, Mr. Hollings, Mr. Breaux, Mr. Kerrey, Mr. Harkin, Mr.
Bayh, Mr. Graham, and Mr. Baucus):
S. 2787. A bill to reauthorize the Federal programs to prevent
violence against women, and for other purposes; to the Committee on the
Judiciary.
the violence against women act of 2000
Mr. BIDEN. Mr. President, I am pleased to introduce today, with
Senator Hatch, the Violence Against Women Act of 2000. And I thank
Senator Hatch, the principal cosponsor of the original Act, for working
with me over the past year to produce a bipartisan, streamlined bill
that we are confident will enjoy the support of Senators from both
sides of the aisle. Indeed, we already have a total of 50 cosponsors--
many of them Republicans--as original cosponsors of this legislation.
The enactment of the Violence Against Women Act in 1994--bipartisan
legislation cosponsored by 67 Senators from both parties--signaled the
beginning of a national and historic commitment to the women and
children in this country victimized by family violence and sexual
assault.
The legislation changed our laws, strengthened criminal penalties,
facilitated enforcement of protection orders from state to state, and
committed $1.6 billion over six years to police, prosecutors, battered
women shelters, a national domestic violence hotline, and other
measures designed to crack down on batterers and offer the support and
services that victims need in order to leave their abusers.
And this federal commitment has paid off: the latest Department of
Justice statistics show that overall, violence against women by
intimate partners is down, falling 21% from 1993 (just prior to the
enactment of the original Act) to 1998.
The programs contained in the original Act were authorized only
through fiscal year 2000. So unless Congress acts, programs to run the
battered women's shelters, the national domestic violence hotline, the
STOP grants to help law enforcement and prosecutors combat domestic
violence and to provide victims services, grants to address domestic
violence in rural communities--all of these will expire this year.
These programs are popular, and more importantly, ladies and gentlemen,
the Violence Against Women Act is working.
And it's not just me calling for this law to be reauthorized.
It's police chiefs in every state. It's Attorneys General. Sheriffs.
District attorneys. The American Bar Association. Women's groups.
Nurses. Battered women's shelters. Family Court judges.
States, counties, cities, and towns across the country are creating a
seamless network of services for victims of violence against women--
from law enforcement to legal services, from medical care and crisis
counseling, to shelters and support groups.
The Violence Against Women Act has made, and is making, a real
difference in the lives of millions of women and children by providing
much needed funds at the local level to--and let me just give you a few
examples:
Give police officers more specialized training both to deal swiftly
and surely with abusers and to become more sensitive toward victims, as
well as to provide them with better evidence-gathering and information-
sharing equipment and skills;
Train prosecutors and judges on the unique aspects of cases involving
violence against women;
Hire victim advocates and counselors and provide an array of
services, including 24-hour hotlines, emergency transportation, medical
services, and specialized programs to reach victims of violence against
women from all walks of life; and
Open new and expand existing shelters for victims of violence against
women and their children.
The Violence Against Women Act funds 1,031 shelters and 82 safe
houses in all 50 states, the District of Columbia, and Puerto Rico. But
tens of thousands of women and children are still turned away every
year.
Together--at the federal, state, and local levels--we have been
steadily moving forward, step by step, along the road to ending this
violence once and for all. But there is more that we can do, and more
that we must do.
The Biden-Hatch Violence Against Women Act of 2000 would accomplish
three basic things:
First, the bill would reauthorize through Fiscal Year 2005 the key
programs included in the original Violence Against Women Act. These
include the STOP grants, the Pro-Arrest grants, Rural Domestic Violence
and Child Abuse Enforcement Grants, the National Domestic Violence
Hotline, and rape prevention and education programs.
This also means reauthorizing the court-appointed special advocate
program (CASA), and other programs in the Victims of Child Abuse Act.
Second, the bill would extend the Violent Crime Reduction Trust Fund
through Fiscal Year 2005. Funding for the trust fund expires this year.
This dedicated funding source--paid for by the savings generated by
reducing the federal workforce by more than 300,000 employees--provides
all the grant money for additional police officers, prosecutors, and
battered women shelters. It is these funds that provide the specialized
domestic violence training for law enforcement and prosecutors.
The Trust Fund is the source of funding for all the victim services,
including counseling, legal services, nursing and hospital services,
especially designed for victims of domestic violence and sexual
assault.
[[Page S5792]]
Of course, the Trust Fund's significance extends beyond the Violence
Against Women Act. The trust fund has provided the funds for a host of
successful law enforcement initiatives, ranging from drug courts; the
weed and seed programs that exist in every state to drive drugs from
our cities; and funding for prisons, the FBI, the Drug Enforcement
Agency, and Boys and Girls clubs. And the list goes on.
In order to replicate the successes we have achieved under the
original Violence Against Women Act, and in order to continue to pursue
these other important law enforcement programs, it is imperative that
we: (1) extend the Violent Crime Reduction Trust Fund for an additional
five years, and (2) that we fully fund the Trust Fund.
Third, the Violence Against Women Act of 2000 makes some targeted
improvements that our experience with the original Act has shown to be
necessary. Let me give you just a few examples.
Civil Legal Assistance Grants: Our bill would create a separate grant
program to help victims of domestic violence, stalking, and sexual
assault who need legal assistance because of that violence, to obtain
access to legal services at little to no cost.
This provision would also establish a database of legal assistance
providers to be maintained and used by the National Domestic Violence
Hotline, so that victims who call the hotline can be directed to a
legal service provider immediately.
Improving Full Faith & Credit Enforcement of Protection Orders: My
bill would help states and tribal courts improve interstate enforcement
of civil protection orders, as required by the original Violence
Against Women Act. The program would prioritize the development and
enhancement of data collection and sharing systems to promote tracking
and enforcement of protection orders across the nation.
Transitional Housing: The bill would also authorize the Department of
Health and Human Services to make grants to provide short-term housing
assistance and short-term support services to individuals and their
dependents who are homeless or in need of transitional housing or other
housing assistance as a result of fleeing a situation of domestic
violence, and for whom emergency shelter services are unavailable or
insufficient.
Safe Havens for Children: The bill would authorize a new two-year
pilot grant program to be administered by the Department of Justice
aimed at reducing the opportunity for domestic violence to occur during
the transfer of children for visitation purposes by expanding the
availability of supervised visitation for victims of domestic violence,
sexual assault, and child abuse. We all know that women are at greatest
risk of assault at the time when children are transferred between
parents.
I also would like to take this opportunity to point out that the
Supreme Court's recent decision in United States v. Morrison, 120 S.
Ct. 1740 (2000), invalidated a single provision of the original Act,
the ``civil rights remedy'' that permitted a victim of gender-motivated
violence to sue her attacker in federal court. No other provision in
the original Act--or, for that matter, in the Violence Against Women
Act of 2000--is affected by the Supreme Court's decision.
Finally, I would like to comment on where we are and how we got here.
The bill Senator Hatch and I are introducing today is a streamlined
version of S. 51, the legislation I originally introduced at the
beginning of the 106th Congress.
Since I first introduced S. 51, I have consulted extensively with
Senator Hatch and with many other individuals, inside and outside of
the Senate, and on both sides of the aisle, in an effort to narrow the
legislation to produce a bill that every Senator, regardless of party,
can enthusiastically support.
In the course of that effort, I agreed to drop a number of items that
quite frankly, I think were worth doing, and made other concessions. I
did that because I believe it is critical, in the waning days of this
legislative session, to achieve a strong bipartisan consensus on the
essential elements that must be included in this bill. I am convinced
that we have reached that consensus, and that the bill we now propose
reflects the priorities of a substantial majority of Senators.
For far too long, law enforcement, prosecutors, the courts, and the
community at large treated domestic abuse as a ``private family
matter,'' looking the other way when women suffered abuse at the hands
of their supposed loved ones. Thanks in part to the original Act,
violence against women is no longer a private matter, and the time when
a woman has to suffer in silence because the criminal who is
victimizing her happens to be her husband or boyfriend has passed.
The bill I introduce today will renew the commitment we made as a
nation in 1994 to combat family violence, sexual assault, and stalking.
I urge all of you to support it.
I ask unanimous consent that the full text of the bill be printed in
the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2787
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Violence
Against Women Act of 2000''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Accountability and oversight.
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN
Sec. 101. Full faith and credit enforcement of protection orders.
Sec. 102. Role of courts.
Sec. 103. Reauthorization of STOP grants.
Sec. 104. Reauthorization of grants to encourage arrest policies.
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. Grants to reduce violent crimes against women on campus.
TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE
Sec. 201. Legal assistance for victims.
Sec. 202. Shelter services for battered women and children.
Sec. 203. Transitional housing assistance for victims of domestic
violence.
Sec. 204. National domestic violence hotline.
Sec. 205. Federal victims counselors.
Sec. 206. Study of State laws regarding insurance discrimination
against victims of violence against women.
Sec. 207. Study of workplace effects from violence against women.
Sec. 208. Study of unemployment compensation for victims of violence
against women.
Sec. 209. Enhancing protections for older women from domestic violence
and sexual assault.
TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
Sec. 301. Safe havens for children pilot program.
Sec. 302. Reauthorization of runaway and homeless youth grants.
Sec. 303. Reauthorization of victims of child abuse programs.
Sec. 304. Report on effects of parental kidnapping laws in domestic
violence cases.
TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE
AGAINST WOMEN
Sec. 401. Education and training in appropriate responses to violence
against women.
Sec. 402. Rape prevention and education.
Sec. 403. Education and training to end violence against and abuse of
women with disabilities.
Sec. 404. Community initiatives.
Sec. 405. Development of research agenda identified by the Violence
Against Women Act of 1994.
TITLE V--BATTERED IMMIGRANT WOMEN
Sec. 501. Short title.
Sec. 502. Findings and purposes.
Sec. 503. Improved access to immigration protections of the Violence
Against Women Act of 1994 for battered immigrant women.
Sec. 504. Improved access to cancellation of removal and suspension of
deportation under the Violence Against Women Act of 1994.
Sec. 505. Offering equal access to immigration protections of the
Violence Against Women Act of 1994 for all qualified
battered immigrant self-petitioners.
Sec. 506. Restoring immigration protections under the Violence Against
Women Act of 1994.
Sec. 507. Remedying problems with implementation of the immigration
provisions of the Violence Against Women Act of 1994.
Sec. 508. Technical correction to qualified alien definition for
battered immigrants.
[[Page S5793]]
Sec. 509. Access to Cuban Adjustment Act for battered immigrant spouses
and children.
Sec. 510. Access to the Nicaraguan Adjustment and Central American
Relief Act for battered spouses and children.
Sec. 511. Access to the Haitian Refugee Fairness Act of 1998 for
battered spouses and children.
Sec. 512. Access to services and legal representation for battered
immigrants.
TITLE VI--EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND
Sec. 601. Extension of Violent Crime Reduction Trust Fund.
SEC. 2. DEFINITIONS.
In this Act--
(1) 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);
and
(2) 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. 3. ACCOUNTABILITY AND OVERSIGHT.
(a) Report by Grant Recipients.--The Attorney General or
Secretary of Health and Human Services, as applicable, shall
require grantees under any program authorized or reauthorized
by this Act or an amendment made by this Act to report on the
effectiveness of the activities carried out with amounts made
available to carry out that program, including number of
persons served, if applicable, numbers of persons seeking
services who could not be served and such other information
as the Attorney General or Secretary may prescribe.
(b) Report to Congress.--The Attorney General or Secretary
of Health and Human Services, as applicable, shall report
annually to the Committees on the Judiciary of the House of
Representatives and the Senate on the grant programs
described in subsection (a), including the information
contained in any report under that subsection.
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN
SEC. 101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION
ORDERS.
(a) In General.--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--
(1) in the heading, by adding ``AND ENFORCEMENT OF
PROTECTION ORDERS'' at the end;
(2) in section 2101(b)--
(A) in paragraph (6), by inserting ``(including juvenile
courts)'' after ``courts''; and
(B) by adding at the end the following:
``(7) To provide technical assistance and computer and
other equipment to police departments, prosecutors, courts,
and tribal jurisdictions to facilitate the widespread
enforcement of protection orders, including interstate
enforcement, enforcement between States and tribal
jurisdictions, and enforcement between tribal
jurisdictions.''; and
(3) in section 2102--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``and'' at the end;
(ii) in paragraph (2), by striking the period at the end
and inserting ``, including the enforcement of protection
orders from other States and jurisdictions (including tribal
jurisdictions);''; and
(iii) by adding at the end the following:
``(3) have established cooperative agreements or can
demonstrate effective ongoing collaborative arrangements with
neighboring jurisdictions to facilitate the enforcement of
protection orders from other States and jurisdictions
(including tribal jurisdictions); and
``(4) will give priority to using the grant to develop and
install data collection and communication systems, including
computerized systems, and training on how to use these
systems effectively to link police, prosecutors, courts, and
tribal jurisdictions for the purpose of identifying and
tracking protection orders and violations of protection
orders, in those jurisdictions where such systems do not
exist or are not fully effective.''; and
(B) by adding at the end the following:
``(c) Dissemination of Information.--The Attorney General
shall annually compile and broadly disseminate (including
through electronic publication) information about successful
data collection and communication systems that meet the
purposes described in this section. Such dissemination shall
target States, State and local courts, Indian tribal
governments, and units of local government.''.
(b) Protection Orders.--
(1) Filing costs.--Section 2006 of part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-5) is amended--
(A) in the heading, by striking ``filing'' and inserting
``and protection orders'' after ``charges'';
(B) in subsection (a)--
(i) by striking paragraph (1) and inserting the following:
``(1) certifies that its laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or
service of a protection order, or a petition for a protection
order, to protect a victim of domestic violence, stalking, or
sexual assault, that the victim bear the costs associated
with the filing of criminal charges against the offender, or
the costs associated with the filing, issuance, registration,
or service of a warrant, protection order, petition for a
protection order, or witness subpoena, whether issued inside
or outside the State, tribal, or local jurisdiction; or'';
and
(ii) in paragraph (2)(B), by striking ``2 years'' and
inserting ``2 years after the date of enactment of the
Violence Against Women Act of 2000''; and
(C) by adding at the end the following:
``(c) Definition.--In this section, the term `protection
order' has the meaning given the term in section 2266 of
title 18, United States Code.''.
(2) Eligibility for grants to encourage arrest policies.--
Section 2101 of part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is
amended--
(A) in subsection (c), by striking paragraph (4) and
inserting the following:
``(4) certify that their laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or
service of a protection order, or a petition for a protection
order, to protect a victim of domestic violence, stalking, or
sexual assault, that the victim bear the costs associated
with the filing of criminal charges against the offender, or
the costs associated with the filing, issuance, registration,
or service of a warrant, protection order, petition for a
protection order, or witness subpoena, whether issued inside
or outside the State, tribal, or local jurisdiction.''; and
(B) by adding at the end the following:
``(d) Definition.--In this section, the term `protection
order' has the meaning given the term in section 2266 of
title 18, United States Code.''.
(3) Application for grants to encourage arrest policies.--
Section 2102(a)(1)(B) of part U of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
1(a)(1)(B)) is amended by inserting before the semicolon the
following: ``or, in the case of the condition set forth in
subsection 2101(c)(4), the expiration of the 2-year period
beginning on the date of enactment of the Violence Against
Women Act of 2000''.
(4) Registration for protection orders.--Section 2265 of
title 18, United States Code, is amended by adding at the end
the following:
``(d) Registration.--
``(1) In general.--A State or Indian tribe according full
faith and credit to an order by a court of another State or
Indian tribe shall not notify the party against whom a
protection order has been issued that the protection order
has been registered or filed in that enforcing State or
tribal jurisdiction unless requested to do so by the party
protected under such order.
``(2) No prior registration or filing required.--Any
protection order that is otherwise consistent with this
section shall be accorded full faith and credit,
notwithstanding any requirement that the order be registered
or filed in the enforcing State or tribal jurisdiction.
``(e) Notice.--A protection order that is otherwise
consistent with this section shall be accorded full faith and
credit and enforced notwithstanding the failure to provide
notice to the party against whom the order is made of its
registration or filing in the enforcing State or Indian
tribe.
``(f) Tribal Court Jurisdiction.--For purposes of this
section, a tribal court shall have full civil jurisdiction
over domestic relations actions, including authority to
enforce its orders through civil contempt proceedings,
exclusion of violators from Indian lands, and other
appropriate mechanisms, in matters arising within the
authority of the tribe and in which at least 1 of the parties
is an Indian.''.
(c) Technical Amendment.--The table of contents for title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended in the item relating to part
U, by adding ``and Enforcement of Protection Orders'' at the
end.
SEC. 102. ROLE OF COURTS.
(a) Courts as Eligible STOP Subgrantees.--Part T of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg et seq.) is amended--
(1) in section 2001--
(A) in subsection (a), by striking ``Indian tribal
governments,'' and inserting ``State and local courts
(including juvenile courts), Indian tribal governments,
tribal courts,''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``, judges, other court
personnel,'' after ``law enforcement officers'';
(ii) in paragraph (2), by inserting ``, judges, other court
personnel,'' after ``law enforcement officers''; and
(iii) in paragraph (3), by inserting ``, court,'' after
``police''; and
(2) in section 2002--
(A) in subsection (a), by inserting ``State and local
courts (including juvenile courts),'' after ``States,'' the
second place it appears;
(B) in subsection (c), by striking paragraph (3) and
inserting the following:
``(3) of the amount granted--
``(A) not less than 25 percent shall be allocated to police
and not less than 25 percent shall be allocated to
prosecutors;
``(B) not less than 30 percent shall be allocated to victim
services; and
[[Page S5794]]
``(C) not less than 5 percent shall be allocated for State
and local courts (including juvenile courts); and''; and
(C) in subsection (d)(1), by inserting ``court,'' after
``law enforcement,''.
(b) Eligible Grantees; Use of Grants for Education.--
Section 2101 of part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is
amended--
(1) in subsection (a), by inserting ``State and local
courts (including juvenile courts), tribal courts,'' after
``Indian tribal governments,'';
(2) in subsection (b)--
(A) by inserting ``State and local courts (including
juvenile courts),'' after ``Indian tribal governments'';
(B) in paragraph (2), by striking ``policies and'' and
inserting ``policies, educational programs, and'';
(C) in paragraph (3), by inserting ``parole and probation
officers,'' after ``prosecutors,''; and
(D) in paragraph (4), by inserting ``parole and probation
officers,'' after ``prosecutors,'';
(3) in subsection (c), by inserting ``State and local
courts (including juvenile courts),'' after ``Indian tribal
governments''; and
(4) by adding at the end the following:
``(e) Allotment for Indian Tribes.--Not less than 5 percent
of the total amount made available for grants under this
section for each fiscal year shall be available for grants to
Indian tribal governments.''.
SEC. 103. REAUTHORIZATION OF STOP GRANTS.
(a) Reauthorization.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)) is amended by striking paragraph (18) and inserting
the following:
``(18) There is authorized to be appropriated from the
Violent Crime Reduction Trust Fund established under section
310001 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14211) to carry out part T $185,000,000
for each of fiscal years 2001 through 2005.''.
(b) Grant Purposes.--Part T of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et
seq.) is amended--
(1) in section 2001--
(A) in subsection (b)--
(i) in paragraph (5), by striking ``racial, cultural,
ethnic, and language minorities'' and inserting ``underserved
populations'';
(ii) in paragraph (6), by striking ``and'' at the end;
(iii) in paragraph (7), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(8) supporting formal and informal statewide,
multidisciplinary efforts, to the extent not supported by
State funds, to coordinate the response of State law
enforcement agencies, prosecutors, courts, victim services
agencies, and other State agencies and departments, to
violent crimes against women, including the crimes of sexual
assault and domestic violence.''; and
(B) by adding at the end the following:
``(c) State Coalition Grants.--
``(1) Purpose.--The Attorney General shall award grants to
each State domestic violence coalition and sexual assault
coalition for the purposes of coordinating State victim
services activities, and collaborating and coordinating with
Federal, State, and local entities engaged in violence
against women activities.
``(2) Grants to state coalitions.--The Attorney General
shall award grants to--
``(A) each State domestic violence coalition, as determined
by the Secretary of Health and Human Services through the
Family Violence Prevention and Services Act (42 U.S.C. 10410
et seq.); and
``(B) each State sexual assault coalition, as determined by
the Center for Injury Prevention and Control of the Centers
for Disease Control and Prevention under the Public Health
Service Act (42 U.S.C. 280b et seq.).
``(3) Eligibility for other grants.--Receipt of an award
under this subsection by each State domestic violence and
sexual assault coalition shall not preclude the coalition
from receiving additional grants under this part to carry out
the purposes described in subsection (b).'';
(2) in section 2002(b)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(B) in paragraph (1), by striking ``4 percent'' and
inserting ``5 percent'';
(C) in paragraph (4), as redesignated, by striking
``$500,000'' and inserting ``$600,000''; and
(D) by inserting after paragraph (1) the following:
``(2) 2.5 percent shall be available for grants for State
domestic violence coalitions under section 2001(c), with the
coalition for each State, the coalition for the District of
Columbia, the coalition for the Commonwealth of Puerto Rico,
and the coalition for the combined Territories of the United
States, each receiving an amount equal to \1/53\ of the total
amount made available under this paragraph for each fiscal
year;
``(3) 2.5 percent shall be available for grants for State
sexual assault coalitions under section 2001(c), with the
coalition for each State, the coalition for the District of
Columbia, the coalition for the Commonwealth of Puerto Rico,
and the coalition for the combined Territories of the United
States, each receiving an amount equal to \1/53\ of the total
amount made available under this paragraph for each fiscal
year;'';
(3) in section 2003--
(A) in paragraph (7), by striking ``geographic location''
and all that follows through ``physical disabilities'' and
inserting ``race, ethnicity, age, disability, religion,
alienage status, language barriers, geographic location
(including rural isolation), and any other populations
determined to be underserved''; and
(B) in paragraph (8), by striking ``assisting domestic
violence or sexual assault victims through the legal
process'' and inserting ``providing assistance for victims
seeking necessary support services as a consequence of
domestic violence or sexual assault''; and
(4) in section 2004(b)(3), by inserting ``, and the
membership of persons served in any underserved population''
before the semicolon.
SEC. 104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST
POLICIES.
Section 1001(a) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by
striking paragraph (19) and inserting the following:
``(19) There is authorized to be appropriated from the
Violent Crime Reduction Trust Fund established under section
310001 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14211) to carry out part U $65,000,000 for
each of fiscal years 2001 through 2005.''.
SEC. 105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND
CHILD ABUSE ENFORCEMENT GRANTS.
(a) Reauthorization.--Section 40295(c) of the Violence
Against Women Act of 1994 (42 U.S.C. 13971(c)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--There is authorized to be appropriated
from the Violent Crime Reduction Trust Fund established under
section 310001 to carry out this section $40,000,000 for each
of fiscal years 2001 through 2005.''; and
(2) by adding at the end the following:
``(3) Allotment for indian tribes.--Not less than 5 percent
of the total amount made available to carry out this section
for each fiscal year shall be available for grants to Indian
tribal governments.''.
SEC. 106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
(a) Reauthorization.--Section 40603 of the Violence Against
Women Act of 1994 (42 U.S.C. 14032) is amended to read as
follows:
``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated from the Violent
Crime Reduction Trust Fund established under section 310001
to carry out this subtitle $3,000,000 for each of fiscal
years 2001 through 2005.''.
(b) Technical Amendment.--Section 40602(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 14031 note) is amended
by inserting ``and implement'' after ``improve''.
SEC. 107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING
OFFENSES.
(a) Interstate Domestic Violence.--Section 2261 of title
18, United States Code, is amended by striking subsection (a)
and inserting the following:
``(a) Offenses.--
``(1) Travel or conduct of offender.--A person who travels
in interstate or foreign commerce or enters or leaves Indian
country with the intent to kill, injure, harass, or
intimidate a spouse or intimate partner, and who, in the
course of or as a result of such travel, commits or attempts
to commit a crime of violence against that spouse or intimate
partner, shall be punished as provided in subsection (b).
``(2) Causing travel of victim.--A person who causes a
spouse or intimate partner to travel in interstate or foreign
commerce or to enter or leave Indian country by force,
coercion, duress, or fraud, and who, in the course of, as a
result of, or to facilitate such conduct or travel, commits
or attempts to commit a crime of violence against that spouse
or intimate partner, shall be punished as provided in
subsection (b).''.
(b) Interstate Stalking.--Section 2261A of title 18, United
States Code, is amended to read as follows:
``Sec. 2261A. Interstate stalking
``Whoever--
``(1) with the intent to kill, injure, harass, or
intimidate another person, engages within the special
maritime and territorial jurisdiction of the United States in
conduct that places that person in reasonable fear of the
death of, or serious bodily injury (as defined in section
2266) to, that person or a member of the immediate family (as
defined in section 115) of that person; or
``(2) with the intent to kill, injure, harass, or
intimidate another person, travels in interstate or foreign
commerce, or enters or leaves Indian country, and, in the
course of or as a result of such travel, engages in conduct
that places that person in reasonable fear of the death of,
or serious bodily injury (as defined in section 2266) to,
that person or a member of the immediate family (as defined
in section 115) of that person,
shall be punished as provided in section 2261(b).''.
(c) Interstate Violation of Protection Order.--Section 2262
of title 18, United States Code, is amended by striking
subsection (a) and inserting the following:
``(a) Offenses.--
``(1) Travel or conduct of offender.--A person who travels
in interstate or foreign commerce, or enters or leaves Indian
country, with the intent to engage in conduct that violates
the portion of a protection order that prohibits or provides
protection against violence, threats, or harassment against,
contact or communication with, or
[[Page S5795]]
physical proximity to, another person, or that would violate
such a portion of a protection order in the jurisdiction in
which the order was issued, and subsequently engages in such
conduct, shall be punished as provided in subsection (b).
``(2) Causing travel of victim.--A person who causes
another person to travel in interstate or foreign commerce or
to enter or leave Indian country by force, coercion, duress,
or fraud, and in the course of, as a result of, or to
facilitate such conduct or travel engages in conduct that
violates the portion of a protection order that prohibits or
provides protection against violence, threats, or harassment
against, contact or communication with, or physical proximity
to, another person, or that would violate such a portion of a
protection order in the jurisdiction in which the order was
issued, shall be punished as provided in subsection (b).''.
(d) Definitions.--Section 2266 of title 18, United States
Code, is amended to read as follows:
``Sec. 2266. Definitions
``In this chapter:
``(1) Bodily injury.--The term `bodily injury' means any
act, except one done in self-defense, that results in
physical injury or sexual abuse.
``(2) Enter or leave indian country.--The term `enter or
leave Indian country' includes leaving the jurisdiction of 1
tribal government and entering the jurisdiction of another
tribal government.
``(3) Indian country.--The term `Indian country' has the
meaning stated in section 1151 of this title.
``(4) Protection order.--The term `protection order'
includes any injunction or other order issued for the purpose
of preventing violent or threatening acts or harassment
against, or contact or communication with or physical
proximity to, another person, including any temporary or
final order issued by a civil and criminal court (other than
a support or child custody order issued pursuant to State
divorce and child custody laws) whether obtained by filing an
independent action or as a pendente lite order in another
proceeding so long as any civil order was issued in response
to a complaint, petition, or motion filed by or on behalf of
a person seeking protection.
``(5) Serious bodily injury.--The term `serious bodily
injury' has the meaning stated in section 2119(2).
``(6) Spouse or intimate partner.--The term `spouse or
intimate partner' includes--
``(A) a spouse, a former spouse, a person who shares a
child in common with the abuser, and a person who cohabits or
has cohabited with the abuser as a spouse; and
``(B) any other person similarly situated to a spouse who
is protected by the domestic or family violence laws of the
State or tribal jurisdiction in which the injury occurred or
where the victim resides.
``(7) State.--The term `State' includes a State of the
United States, the District of Columbia, a commonwealth,
territory, or possession of the United States.
``(8) Travel in interstate or foreign commerce.--The term
`travel in interstate or foreign commerce' does not include
travel from 1 State to another by an individual who is a
member of an Indian tribe and who remains at all times in the
territory of the Indian tribe of which the individual is a
member.''.
SEC. 108. GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN ON
CAMPUS.
Section 826 of the Higher Education Amendments of 1998 (20
U.S.C. 1152) is amended--
(1) in subsection (f)(1), by inserting ``by a person with
whom the victim has engaged in a social relationship of a
romantic or intimate nature,'' after ``cohabited with the
victim,''; and
(2) in subsection (g), by striking ``fiscal year 1999 and
such sums as may be necessary for each of the 4 succeeding
fiscal years'' and inserting ``each of fiscal years 2001
through 2005''.
TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE
SEC. 201. 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, criminal,
immigration, administrative, 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) Grant To Establish Database of Programs That Provide
Legal Assistance to Victims.--
(1) In general.--The Attorney General may make a grant to
establish, operate, and maintain a national computer database
of programs and organizations that provide legal assistance
to victims of domestic violence, stalking, and sexual
assault.
(2) Database requirements.--A database established with a
grant under this subsection shall be--
(A) designed to facilitate the referral of persons to
programs and organizations that provide legal assistance to
victims of domestic violence, stalking, and sexual assault;
and
(B) operated in coordination with--
(i) the national domestic violence hotline established
under section 316 of the Family Violence Prevention and
Services Act; and
(ii) any comparable national sexual assault hotline or
other similar resource.
(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
from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14211) to carry out this
section $35,000,000 for each of fiscal years 2001 through
2005.
(2) Allocation of funds.--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.
(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. 202. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.
(a) State Shelter Grants.--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, religion, alienage status, geographic location
(including rural isolation), or language barriers, and any
other populations determined by the Secretary to be
underserved''.
(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, the Commonwealth of the Northern Mariana Islands,
and the combined Freely Associated States 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).''.
(c) Secretarial Responsibilities.--Section 305(a) of the
Family Violence Prevention and Services Act (42 U.S.C.
10404(a)) is amended--
(1) by striking ``an employee'' and inserting ``1 or more
employees'';
(2) by striking ``of this title.'' and inserting ``of this
title, including carrying out evaluation and monitoring under
this title.''; and
(3) by striking ``The individual'' and inserting ``Any
individual''.
[[Page S5796]]
(d) Resource Centers.--Section 308 of the Family Violence
Prevention and Services Act (42 U.S.C. 10407) is amended--
(1) in subsection (a)(2), by inserting ``on providing
information, training, and technical assistance'' after
``focusing''; and
(2) in subsection (c), by adding at the end the following:
``(8) Providing technical assistance and training to local
entities carrying out domestic violence programs that provide
shelter, related assistance, or transitional housing
assistance.
``(9) Improving access to services, information, and
training, concerning family violence, within Indian tribes
and Indian tribal agencies.
``(10) Providing technical assistance and training to
appropriate entities to improve access to services,
information, and training concerning family violence
occurring in underserved populations.''.
(e) Conforming Amendment.--Section 309(6) of the Family
Violence Prevention and Services Act (42 U.S.C. 10408(6)) is
amended by striking ``the Virgin Islands, the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands'' and inserting ``the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and the
combined Freely Associated States''.
(f) Reauthorization.--Section 310 of the Family Violence
Prevention and Services Act (42 U.S.C. 10409) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this title
$175,000,000 for each of fiscal years 2001 through 2005.
``(2) Source of funds.--Amounts made available under
paragraph (1) may be appropriated from the Violent Crime
Reduction Trust Fund established under section 310001 of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14211).'';
(2) in subsection (b), by striking ``under subsection
303(a)'' and inserting ``under section 303(a)'';
(3) in subsection (c), by inserting ``not more than the
lesser of $7,500,000 or'' before ``5''; and
(4) by adding at the end the following:
``(f) Evaluation, Monitoring, and Administration.--Of the
amounts appropriated under subsection (a) for each fiscal
year, not more than 1 percent shall be used by the Secretary
for evaluation, monitoring, and administrative costs under
this title.''.
(g) State Domestic Violence Coalition Grant Activities.--
Section 311 of the Family Violence Prevention and Services
Act (42 U.S.C. 10410) is amended--
(1) in subsection (a)(4), by striking ``underserved racial,
ethnic or language-minority populations'' and inserting
``underserved populations described in section
303(a)(2)(C)''; and
(2) in subsection (c), by striking ``the U.S. Virgin
Islands, the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands'' and inserting ``the United
States Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and the Freely Associated States''.
SEC. 203. 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 new section:
``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) short-term support services, including payment of
expenses and costs associated with transportation and job
training referrals, child care, counseling, transitional
housing identification and placement, and related services.
``(c) Term of Assistance.--An individual or dependent
assisted under this section may not receive assistance under
this section for a total of more than 12 months.
``(d) Reports.--
``(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) Authorization of Appropriations.--There are
authorized to be appropriated from the Violent Crime
Reduction Trust Fund established under section 310001 of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14211) to carry out this section--
``(1) $25,000,000 for each of fiscal years 2001 through
2003; and
``(2) $30,000,000 for each of fiscal years 2004 and
2005.''.
SEC. 204. NATIONAL DOMESTIC VIOLENCE HOTLINE.
(a) Reauthorization.--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
from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14211) to carry out this
section $2,000,000 for each of fiscal years 2001 through
2005.''.
(b) Report Requirement.--Section 316 of the Family Violence
Prevention and Services Act (42 U.S.C. 10416) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Report by Grant Recipient.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Act of 2000, each
recipient of a grant under this section shall prepare and
submit to the Secretary a report that contains--
``(A) an evaluation of the effectiveness of the activities
carried out by the recipient with amounts received under this
section; and
``(B) such other information as the Secretary may
prescribe.
``(2) Notice and public comment.--The Secretary shall--
``(A) publish in the Federal Register a copy of the report
submitted by the recipient under this subsection; and
``(B) allow not less than 90 days for notice of and
opportunity for public comment on the published report.''.
SEC. 205. 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. 206. 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
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. 207. 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 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. 208. 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 enactment of
this Act, submit to Congress a report describing the results
of that study, together with any recommendations based on
that study.
SEC. 209. ENHANCING PROTECTIONS FOR OLDER WOMEN FROM DOMESTIC
VIOLENCE AND SEXUAL ASSAULT.
(a) Definition.--In this section, the term ``older
individual'' has the meaning given the
[[Page S5797]]
term in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002).
(b) Protections for Older 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 is defined
in section 102 of the Older Americans Act of 1965) (42 U.S.C.
3002)).''.
(c) Protections for Older Individuals From Domestic
Violence and Sexual Assault in STOP Grants.--Part T of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg et seq.) is amended--
(1) in section 2001(b)--
(A) in paragraph (7) (as amended by section 103(b) of this
Act), by striking ``and'' at the end;
(B) in paragraph (8) (as added by section 103(b) of this
Act), by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(9) developing, enlarging, or strengthening programs to
assist law enforcement, prosecutors, courts, and others to
address the needs and circumstances of older 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 and
counseling services to such older individuals.''; and
(2) in section 2003(7) (as amended by section 103(b) of
this Act), by inserting after ``any other populations
determined to be underserved'' the following: ``, and the
needs of older individuals (as defined in section 102 of the
Older Americans Act of 1965 (42 U.S.C. 3002)) who are victims
of family violence''.
(d) Enhancing Services for Older Individuals in Shelters.--
Section 303(a)(2)(C) of the Family Violence Prevention and
Services Act (42 U.S.C. 10402(a)(2)(C)) (as amended by
section 202(a)(1) of this Act) is amended by inserting after
``any other populations determined by the Secretary to be
underserved'' the following: ``, and the needs of older
individuals (as defined in section 102 of the Older Americans
Act of 1965 (42 U.S.C. 3002)) who are victims of family
violence''.
TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
SEC. 301. 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, or sexual assault.
(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 domestic violence coalition, State 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.
(d) Reporting.--
(1) In general.--Not later than 1 year after the last day
of the first fiscal year commencing on or after the date of
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--
(A) the number of--
(i) individuals served and the number of individuals turned
away from visitation programs and services and safe
visitation exchange (categorized by State);
(ii) the number of individuals from underserved populations
served and turned away from services; and
(iii) the type of problems that underlie the need for
supervised visitation or safe visitation exchange, such as
domestic violence, child abuse, sexual assault, other
physical abuse, or a combination of such factors;
(B) the numbers of supervised visitations or safe
visitation exchanges ordered under this section during
custody determinations under a separation or divorce decree
or protection order, through child protection services or
other social services agencies, or by any other order of a
civil, criminal, juvenile, or family court;
(C) the process by which children or abused partners are
protected during visitations, temporary custody transfers,
and other activities for which supervised visitation is
established under this section;
(D) safety and security problems occurring during the
reporting period during supervised visitation under this
section, including the number of parental abduction cases;
and
(E) the number of parental abduction cases in a judicial
district using supervised visitation programs and services
under this section, both as identified in criminal
prosecution and custody violations.
(2) Guidelines.--The Attorney General shall establish
guidelines for the collection and reporting of data under
this subsection.
(e) Authorization of Appropriations.--There is authorized
to be appropriated from the Violent Crime Reduction Trust
Fund established under section 310001 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to
carry out this section $15,000,000 for each of fiscal years
2001 and 2002.
(f) Allotment for Indian Tribes.--Not less than 5 percent
of the total amount made available for each fiscal year to
carry out this section shall be available for grants to
Indian tribal governments.
SEC. 302. REAUTHORIZATION OF RUNAWAY AND HOMELESS YOUTH
GRANTS.
Section 388(a) of the Runaway and Homeless Youth Act (42
U.S.C. 5751(a)) is amended by striking paragraph (4) and
inserting the following:
``(4) Part e.--There is authorized to be appropriated from
the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14211) to carry out part E
$22,000,000 for each of fiscal years 2001 through 2005.''.
SEC. 303. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PROGRAMS.
(a) Court-Appointed Special Advocate Program.--Section 218
of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014)
is amended by striking subsection (a) and inserting the
following:
``(a) Authorization.--There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund
established under section 310001 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry
out this subtitle $12,000,000 for each of fiscal years 2001
through 2005.''.
(b) Child Abuse Training Programs for Judicial Personnel
and Practitioners.--Section 224 of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13024) is amended by striking
subsection (a) and inserting the following:
``(a) Authorization.--There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund
established under section 310001 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry
out this subtitle $2,300,000 for each of fiscal years 2001
through 2005.''.
(c) Grants for Televised Testimony.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (7)
and inserting the following:
``(7) There is authorized to be appropriated from the
Violent Crime Reduction Trust Fund established under section
310001 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14211) to carry out part N $1,000,000 for
each of fiscal years 2001 through 2005.''.
(d) Dissemination of Information.--The Attorney General
shall--
(1) annually compile and disseminate information (including
through electronic publication) about the use of amounts
expended and the projects funded under section 218(a) of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)),
section 224(a) of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13024(a)), and section 1007(a)(7) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(7)), including any evaluations of the projects and
information to enable replication and adoption of the
strategies identified in the projects; and
(2) focus dissemination of the information described in
paragraph (1) toward community-based programs, including
domestic violence and sexual assault programs.
SEC. 304. REPORT ON EFFECTS OF PARENTAL KIDNAPPING LAWS IN
DOMESTIC VIOLENCE CASES.
(a) In General.--The Attorney General shall--
(1) conduct a study of Federal and State laws relating to
child custody, including custody provisions in protection
orders, the Parental Kidnaping Prevention Act of 1980, and
[[Page S5798]]
the amendments made by that Act, and the effect of those laws
on child custody cases in which domestic violence is a
factor; and
(2) submit to Congress a report describing the results of
that study, including the effects of implementing or applying
model State laws, and the recommendations of the Attorney
General to reduce the incidence or pattern of violence
against women or of sexual assault of the child.
(b) Sufficiency of Defenses.--In carrying out subsection
(a) with respect to the Parental Kidnaping Prevention Act of
1980, and the amendments made by that Act, the Attorney
General shall examine the sufficiency of defenses to parental
abduction charges available in cases involving domestic
violence, and the burdens and risks encountered by victims of
domestic violence arising from jurisdictional requirements of
that Act and the amendments made by that Act.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $200,000 for
fiscal year 2001.
(d) Condition for Custody Determination.--Section
1738A(c)(2)(C)(ii) of title 28, United States Code, is
amended by striking ``he'' and inserting ``the child, a
sibling, or parent of the child''.
TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE
AGAINST WOMEN
SEC. 401. EDUCATION AND TRAINING IN APPROPRIATE RESPONSES TO
VIOLENCE AGAINST WOMEN.
(a) Authority.--The Secretary of Health and Human Services,
in consultation with the Attorney General, may award grants
in accordance with this section to public and private
nonprofit entities that, in the determination of the
Secretary, have--
(1) nationally recognized expertise in the areas of
domestic violence and sexual assault; and
(2) a record of commitment and quality responses to reduce
domestic violence and sexual assault.
(b) Purpose.--Grants under this section may be used for the
purposes of developing, testing, presenting, and
disseminating model programs to provide education and
training in appropriate and effective responses to victims of
domestic violence and sexual assault (including, as
appropriate, the effects of domestic violence on children)
for individuals (other than law enforcement officers and
prosecutors) who are likely to come into contact with such
victims during the course of their employment, including--
(1) caseworkers, supervisors, administrators,
administrative law judges, and other individuals
administering Federal and State benefits programs, such as
child welfare and child protective services, Temporary
Assistance to Needy Families, social security disability,
child support, medicaid, unemployment, workers' compensation,
and similar programs; and
(2) medical and health care professionals, including mental
and behavioral health professionals such as psychologists,
psychiatrists, social workers, therapists, counselors, and
others.
(c) Authorization of Appropriations.--There is authorized
to be appropriated from the Violent Crime Reduction Trust
Fund established under section 310001 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to
carry out this section $5,000,000 for each of fiscal years
2001 through 2003.
SEC. 402. RAPE PREVENTION AND EDUCATION.
(a) In General.--Part J of title III of the Public Health
Service Act (42 U.S.C. 280b et seq.) is amended by inserting
after section 393A the following:
``SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
``(a) Permitted Use.--The Secretary, acting through the
National Center for Injury Prevention and Control at the
Centers for Disease Control and Prevention, shall award
targeted grants to States to be used for rape prevention and
education programs conducted by rape crisis centers, State
sexual assault coalitions, and other public and private
nonprofit entities for--
``(1) educational seminars;
``(2) the operation of hotlines;
``(3) training programs for professionals;
``(4) the preparation of informational material;
``(5) education and training programs for students and
campus personnel designed to reduce the incidence of sexual
assault at colleges and universities;
``(6) education to increase awareness about drugs used to
facilitate rapes or sexual assaults; and
``(7) other efforts to increase awareness of the facts
about, or to help prevent, sexual assault, including efforts
to increase awareness in underserved communities and
awareness among individuals with disabilities (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)).
``(b) Collection and Dissemination of Information on Sexual
Assault.--The Secretary shall, through the National Resource
Center on Sexual Assault established under the National
Center for Injury Prevention and Control at the Centers for
Disease Control and Prevention, provide resource information,
policy, training, and technical assistance to Federal, State,
local, and Indian tribal agencies, as well as to State sexual
assault coalitions and local sexual assault programs and to
other professionals and interested parties on issues relating
to sexual assault, including maintenance of a central
resource library in order to collect, prepare, analyze, and
disseminate information and statistics and analyses thereof
relating to the incidence and prevention of sexual assault.
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14211) to carry out this
section, $50,000,000 for each of fiscal years 2001 through
2005.
``(2) National resource center allotment.--Of the total
amount made available under this subsection in each fiscal
year, not more than the greater of $1,000,000 or 2 percent of
such amount shall be available for allotment under subsection
(b).
``(d) Limitations.--
``(1) Supplement not supplant.--Amounts provided to States
under this section shall be used to supplement and not
supplant other Federal, State, and local public funds
expended to provide services of the type described in
subsection (a).
``(2) Studies.--A State may not use more than 2 percent of
the amount received by the State under this section for each
fiscal year for surveillance studies or prevalence studies.
``(3) Administration.--A State may not use more than 5
percent of the amount received by the State under this
section for each fiscal year for administrative expenses.''.
(b) Repeal.--Section 40151 of the Violence Against Women
Act of 1994 (108 Stat. 1920), and the amendment made by such
section, is repealed.
SEC. 403. EDUCATION AND TRAINING TO END VIOLENCE AGAINST AND
ABUSE OF WOMEN WITH DISABILITIES.
(a) In General.--The Attorney General, in consultation with
the Secretary of Health and Human Services, may award grants
to States and nongovernmental private entities to provide
education and technical assistance for the purpose of
providing training, consultation, and information on domestic
violence, stalking, and sexual assault against women who are
individuals with disabilities (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
(b) Priorities.--In awarding grants under this section, the
Attorney General shall give priority to applications designed
to provide education and technical assistance on--
(1) the nature, definition, and characteristics of domestic
violence, stalking, and sexual assault experienced by women
who are individuals with disabilities;
(2) outreach activities to ensure that women who are
individuals with disabilities who are victims of domestic
violence, stalking, and sexual assault receive appropriate
assistance;
(3) the requirements of shelters and victim services
organizations under Federal anti-discrimination laws,
including the Americans with Disabilities Act of 1990 and
section 504 of the Rehabilitation Act of 1973; and
(4) cost-effective ways that shelters and victim services
may accommodate the needs of individuals with disabilities in
accordance with the Americans with Disabilities Act of 1990.
(c) Uses of Grants.--Each recipient of a grant under this
section shall provide information and training to
organizations and programs that provide services to
individuals with disabilities, including independent living
centers, disability-related service organizations, and
domestic violence programs providing shelter or related
assistance.
(d) Authorization of Appropriations.--There is authorized
to be appropriated from the Violent Crime Reduction Trust
Fund established under section 310001 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to
carry out this section $5,000,000 for each of fiscal years
2001 through 2005.
SEC. 404. COMMUNITY INITIATIVES.
Section 318 of the Family Violence Prevention and Services
Act (42 U.S.C. 10418) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (G), by striking ``and'' at the end;
(B) by redesignating subparagraph (H) as subparagraph (I);
and
(C) by inserting after subparagraph (G) the following:
``(H) groups that provide services to individuals with
disabilities;''; and
(2) by striking subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There are
authorized to be appropriated from the Violent Crime
Reduction Trust Fund established under section 310001 of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14211) to carry out this section $5,000,000 for each
of fiscal years 2001 through 2005.''.
SEC. 405. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE
VIOLENCE AGAINST WOMEN ACT OF 1994.
(a) In General.--The Attorney General shall--
(1) direct the National Institute of Justice, in
consultation and coordination with the Bureau of Justice
Statistics and the National Academy of Sciences, through its
National Research Council, to develop a research agenda based
on the recommendations contained in the report entitled
``Understanding Violence Against Women'' of the National
Academy of Sciences ; and
(2) not later than 1 year after the date of enactment of
this Act, in consultation with
[[Page S5799]]
the Secretary of the Department of Health and Human Services,
submit to Congress a report which shall include--
(A) a description of the research agenda developed under
paragraph (1) and a plan to implement that agenda;
(B) recommendations for priorities in carrying out that
agenda to most effectively advance knowledge about and means
by which to prevent or reduce violence against women.
(b) Authorization of Appropriations.--There are authorized
to be appropriated from the Violent Crime Reduction Trust
Fund established under section 31001 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14211)
such sums as may be necessary to carry out this section.
TITLE V--BATTERED IMMIGRANT WOMEN
SEC. 501. SHORT TITLE.
This title may be cited as the ``Battered Immigrant Women
Protection Act of 2000''.
SEC. 502. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the goal of the immigration protections for battered
immigrants included in the Violence Against Women Act of 1994
was to remove immigration laws as a barrier that kept
battered immigrant women and children locked in abusive
relationships;
(2) providing battered immigrant women and children who
were experiencing domestic violence at home with protection
against deportation allows them to obtain protection orders
against their abusers and frees them to cooperate with law
enforcement and prosecutors in criminal cases brought against
their abusers and the abusers of their children without
fearing that the abuser will retaliate by withdrawing or
threatening withdrawal of access to an immigration benefit
under the abuser's control; and
(3) there are several groups of battered immigrant women
and children who do not have access to the immigration
protections of the Violence Against Women Act of 1994 which
means that their abusers are virtually immune from
prosecution because their victims can be deported as a result
of action by their abusers and the Immigration and
Naturalization Service cannot offer them protection no matter
how compelling their case under existing law.
(b) Purposes.--The purposes of this title are--
(1) to remove barriers to criminal prosecutions of persons
who commit acts of battery or extreme cruelty against
immigrant women and children; and
(2) to offer protection against domestic violence occurring
in family and intimate relationships that are covered in
State and tribal protection orders, domestic violence, and
family law statutes.
SEC. 503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE
VIOLENCE AGAINST WOMEN ACT OF 1994 FOR BATTERED
IMMIGRANT WOMEN.
(a) Intended Spouse Defined.--Section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended
by adding at the end the following:
``(50) The term `intended spouse' means any alien who meets
the criteria set forth in section
204(a)(1)(A)(iii)(II)(aa)(BB), 204(a)(1)(B)(ii)(II)(aa)(BB),
or 240A(b)(2)(A)(i)(III).''.
(b) Immediate Relative Status for Self-Petitioners Married
to U.S. Citizens.--
(1) Self-petitioning spouses.--
(A) Battery or cruelty to alien or alien's child.--Section
204(a)(1)(A)(iii) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(A)(iii)) is amended to read as follows:
``(iii)(I) An alien who is described in subclause (II) may
file a petition with the Attorney General under this clause
for classification of the alien (and any child of the alien)
if the alien demonstrates to the Attorney General that--
``(aa) the marriage or the intent to marry the United
States citizen was entered into in good faith by the alien;
and
``(bb) during the marriage or relationship intended by the
alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme
cruelty perpetrated by the alien's spouse or intended spouse.
``(II) For purposes of subclause (I), an alien described in
this subclause is an alien--
``(aa)(AA) who is the spouse of a citizen of the United
States;
``(BB) who believed that he or she had married a citizen of
the United States and with whom a marriage ceremony was
actually performed and who otherwise meets any applicable
requirements under this Act to establish the existence of and
bona fides of a marriage, but whose marriage is not
legitimate solely because of the bigamy of such citizen of
the United States; or
``(CC) who was a bona fide spouse of a United States
citizen within the past 2 years and--
``(aaa) whose spouse died within the past 2 years;
``(bbb) whose spouse lost or renounced citizenship status
related to an incident of domestic violence; or
``(ccc) who demonstrates a connection between the legal
termination of the marriage and battering or extreme cruelty
by the United States citizen spouse;
``(bb) who is a person of good moral character;
``(cc) who is eligible to be classified as an immediate
relative under section 201(b)(2)(A)(i) or who would have been
so classified but for the bigamy of the citizen of the United
States that the alien intended to marry; and
``(dd) who has resided with the alien's spouse or intended
spouse.''.
(2) Self-petitioning children.--Section 204(a)(1)(A)(iv) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)(iv)) is amended to read as follows:
``(iv) An alien who is the child of a citizen of the United
States, or who was a child of a United States citizen parent
who lost or renounced citizenship status related to an
incident of domestic violence, and who is a person of good
moral character, who is eligible to be classified as an
immediate relative under section 201(b)(2)(A)(i), and who
resides, or has resided in the past, with the citizen parent
may file a petition with the Attorney General under this
subparagraph for classification of the alien (and any child
of the alien) under such section if the alien demonstrates to
the Attorney General that the alien has been battered by or
has been the subject of extreme cruelty perpetrated by the
alien's citizen parent. For purposes of this clause,
residence includes any period of visitation.''.
(3) Filing of petitions.--Section 204(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1154 (a)(1)(A)(iv))
is amended by adding at the end the following:
``(v) An alien who is the spouse, intended spouse, or child
of a United States citizen living abroad and who is eligible
to file a petition under clause (iii) or (iv) shall file such
petition with the Attorney General under the procedures that
apply to self-petitioners under clauses (iii) or (iv).''.
(c) Second Preference Immigration Status for Self-
Petitioners Married to Lawful Permanent Residents.--
(1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(B)(ii)) is amended to read as follows:
``(ii)(I) An alien who is described in subclause (II) may
file a petition with the Attorney General under this clause
for classification of the alien (and any child of the alien)
if such a child has not been classified under clause (iii) of
section 203(a)(2)(A) and if the alien demonstrates to the
Attorney General that--
``(aa) the marriage or the intent to marry the lawful
permanent resident was entered into in good faith by the
alien; and
``(bb) during the marriage or relationship intended by the
alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme
cruelty perpetrated by the alien's spouse or intended spouse.
``(II) For purposes of subclause (I), an alien described in
this paragraph is an alien--
``(aa)(AA) who is the spouse of a lawful permanent resident
of the United States; or
``(BB) who believed that he or she had married a lawful
permanent resident of the United States and with whom a
marriage ceremony was actually performed and who otherwise
meets any applicable requirements under this Act to establish
the existence of and bona fides of a marriage, but whose
marriage is not legitimate solely because of the bigamy of
such lawful permanent resident of the United States; or
``(CC) who was a bona fide spouse of a lawful permanent
resident within the past 2 years and--
``(aaa) whose spouse lost status due to an incident of
domestic violence; or
``(bbb) who demonstrates a connection between the legal
termination of the marriage and battering or extreme cruelty
by the lawful permanent resident spouse;
``(bb) who is a person of good moral character;
``(cc) who is eligible to be classified as a spouse of an
alien lawfully admitted for permanent residence under section
203(a)(2)(A) or who would have been so classified but for the
bigamy of the lawful permanent resident of the United States
that the alien intended to marry; and
``(dd) who has resided with the alien's spouse or intended
spouse.''.
(3) Self-petitioning children.--Section 204(a)(1)(B)(iii)
of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(B)(iii)) is amended to read as follows:
``(iii) An alien who is the child of an alien lawfully
admitted for permanent residence, or who was the child of a
lawful permanent resident who lost lawful permanent resident
status due to an incident of domestic violence, and who is a
person of good moral character, who is eligible for
classification under section 203(a)(2)(A), and who resides,
or has resided in the past, with the alien's permanent
resident alien parent may file a petition with the Attorney
General under this subparagraph for classification of the
alien (and any child of the alien) under such section if the
alien demonstrates to the Attorney General that the alien has
been battered by or has been the subject of extreme cruelty
perpetrated by the alien's permanent resident parent. For
purposes of this clause, residence includes any period of
visitation.''.
(4) Filing of petitions.--Section 204(a)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is
amended by adding at the end the following:
``(iv) An alien who is the spouse, intended spouse, or
child of a lawful permanent resident living abroad is
eligible to file a petition under clause (ii) or (iii) shall
file such petition with the Attorney General under the
procedures that apply to self-petitioners under clauses (ii)
or (iii).''.
(d) Good Moral Character Determinations for Self-
Petitioners and Treatment of Child Self-Petitioners and
Petitions
[[Page S5800]]
Including Derivative Children Attaining 21 Years of Age.--
Section 204(a)(1) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)) is amended--
(1) by redesignating subparagraphs (C) through (H) as
subparagraphs (E) through (J), respectively;
(2) by inserting after subparagraph (B) the following:
``(C) Notwithstanding section 101(f), an act or conviction
that is waivable with respect to the petitioner for purposes
of a determination of the petitioner's admissibility under
section 212(a) or deportability under section 237(a) shall
not bar the Attorney General from finding the petitioner to
be of good moral character under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds
that the act or conviction was connected to the alien's
having been battered or subjected to extreme cruelty.
``(D)(i)(I) Any child who attains 21 years of age who has
filed a petition under clause (iv) of section 204(a)(1)(A)
that was filed or approved before the date on which the child
attained 21 years of age shall be considered (if the child
has not been admitted or approved for lawful permanent
residence by the date the child attained 21 years of age) a
petitioner for preference status under paragraph (1), (2), or
(3) of section 203(a), whichever paragraph is applicable,
with the same priority date assigned to the self-petition
filed under clause (iv) of section 204(a)(1)(A). No new
petition shall be required to be filed.
``(II) Any individual described in subclause (I) is
eligible for deferred action and work authorization.
``(III) Any derivative child who attains 21 years of age
who is included in a petition described in clause (ii) that
was filed or approved before the date on which the child
attained 21 years of age shall be considered (if the child
has not been admitted or approved for lawful permanent
residence by the date the child attained 21 years of age) a
petitioner for preference status under paragraph (1), (2), or
(3) of section 203(a), whichever paragraph is applicable,
with the same priority date as that assigned to the
petitioner in any petition described in clause (ii). No new
petition shall be required to be filed.
``(IV) Any individual described in subclause (III) and any
derivative child of a petition described in clause (ii) is
eligible for deferred action and work authorization.
``(ii) The petition referred to in clause (i)(III) is a
petition filed by an alien under subparagraph (A)(iii),
(A)(iv), (B)(ii) or (B)(iii) in which the child is included
as a derivative beneficiary.''; and
(3) in subparagraph (J) (as so redesignated), by inserting
``or in making determinations under subparagraphs (C) and
(D),'' after ``subparagraph (B),''.
(e) Access to Naturalization for Divorced Victims of
Abuse.--Section 319(a) of the Immigration and Nationality Act
(8 U.S.C. 1430(a)) is amended--
(1) by inserting ``, or any person who obtained status as a
lawful permanent resident by reason of his or her status as a
spouse or child of a United States citizen who battered him
or her or subjected him or her to extreme cruelty,'' after
``United States'' the first place such term appears; and
(2) by inserting ``(except in the case of a person who has
been battered or subjected to extreme cruelty by a United
States citizen spouse or parent)'' after ``has been living in
marital union with the citizen spouse''.
SEC. 504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND
SUSPENSION OF DEPORTATION UNDER THE VIOLENCE
AGAINST WOMEN ACT OF 1994.
(a) Cancellation of Removal and Adjustment of Status for
Certain Nonpermanent Residents.--Section 240A(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)) is
amended to read as follows:
``(2) Special rule for battered spouse or child.--
``(A) Authority.--The Attorney General may cancel removal
of, and adjust to the status of an alien lawfully admitted
for permanent residence, an alien who is inadmissible or
deportable from the United States if the alien demonstrates
that--
``(i)(I) the alien has been battered or subjected to
extreme cruelty by a spouse or parent who is or was a United
States citizen (or is the parent of a child of a United
States citizen and the child has been battered or subjected
to extreme cruelty by such citizen parent);
``(II) the alien has been battered or subjected to extreme
cruelty by a spouse or parent who is or was a lawful
permanent resident (or is the parent of a child of an alien
who is or was a lawful permanent resident and the child has
been battered or subjected to extreme cruelty by such
permanent resident parent); or
``(III) the alien has been battered or subjected to extreme
cruelty by a United States citizen or lawful permanent
resident whom the alien intended to marry, but whose marriage
is not legitimate because of that United States citizen's or
lawful permanent resident's bigamy;
``(ii) the alien 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, and the
issuance of a charging document for removal proceedings shall
not toll the 3-year period of continuous physical presence in
the United States;
``(iii) the alien has been a person of good moral character
during such period, subject to the provisions of subparagraph
(C);
``(iv) the alien is not inadmissible under paragraph (2) or
(3) of section 212(a), is not deportable under paragraphs
(1)(G) or (2) through (4) of section 237(a) (except in a case
described in section 237(a)(7) where the Attorney General
exercises discretion to grant a waiver), and has not been
convicted of an aggravated felony; and
``(v) the removal would result in extreme hardship to the
alien, the alien's child, or the alien's parent.
``(B) Physical presence.--Notwithstanding subsection
(d)(2), for purposes of subparagraph (A)(i)(II) or for
purposes of section 244(a)(3) (as in effect before the title
III-A effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996),
an alien shall not be considered to have failed to maintain
continuous physical presence by reason of an absence if the
alien demonstrates a connection between the absence and the
battering or extreme cruelty perpetrated against the alien.
No absence or portion of an absence connected to the
battering or extreme cruelty shall count toward the 90-day or
180-day limits established in subsection (d)(2). If any
absence or aggregate absences exceed 180 days, the absences
or portions of the absences will not be considered to break
the period of continuous presence. Any such period of time
excluded from the 180-day limit shall be excluded in
computing the time during which the alien has been physically
present for purposes of the 3-year requirement set forth in
section 240A(b)(2)(B) and section 244(a)(3) (as in effect
before the title III-A effective date in section 309 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996).
``(C) Good moral character.--Notwithstanding section
101(f), an act or conviction that would be waivable with
respect to the alien for purposes of a determination of the
alien's admissibility under section 212(a) or is waivable
with respect to the alien for purposes of the alien's
deportability under section 237(a) shall not bar the Attorney
General from finding the alien to be of good moral character
under subparagraph (A)(i)(III) or section 244(a)(3) (as in
effect before the title III-A effective date in section 309
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996), if the Attorney General finds
that the act or conviction was connected to the alien's
having been battered or subjected to extreme cruelty and
determines that a waiver would be or is otherwise warranted.
``(D) Credible evidence considered.--In acting on
applications under this paragraph, the Attorney General shall
consider any credible evidence relevant to the application.
The determination of what evidence is credible and the weight
to be given that evidence shall be within the sole discretion
of the Attorney General.''.
(b) Children of Battered Aliens and Parents of Battered
Alien Children.--Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)) is amended by adding at
the end the following:
``(4) Children of battered aliens and parents of battered
alien children.--
``(A) In general.--The Attorney General shall grant parole
under section 212(d)(5) to any alien who is a--
``(i) child of an alien granted relief under section
240A(b)(2) or 244(a)(3) (as in effect before the title III-A
effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996); or
``(ii) parent of a child alien granted relief under section
240A(b)(2) or 244(a)(3) (as in effect before the title III-A
effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996).
``(B) Duration of parole.--The grant of parole shall extend
from the time of the grant of relief under section 240A(b)(2)
or section 244(a)(3) (as in effect before the title III-A
effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996) to the time
the application for adjustment of status filed by aliens
covered under this paragraph has been finally adjudicated.
Applications for adjustment of status filed by aliens covered
under this paragraph shall be treated as if they were
applications filed under section 204(a)(1) (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) for purposes of section 245 (a) and (c).
Failure by the alien granted relief under section 240A(b)(2)
or section 244(a)(3) (as in effect before the title III-A
effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996) to exercise
due diligence in filing a visa petition on behalf of an alien
described in clause (i) or (ii) may result in revocation of
parole.''.
(c) Effective Date.--Any individual who becomes eligible
for relief by reason of the enactment of the amendments made
by subsections (a) and (b), shall be eligible to file a
motion to reopen pursuant to section 240(c)(6)(C)(iv). The
amendments made by subsections (a) and (b) shall take effect
as if included in the enactment of section 304 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 110 Stat. 587). Such portions of the
amendments made by subsection (b) that relate to section
244(a)(3) (as in effect before the title III-A effective date
in section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996) shall take effect as if
included in subtitle G of title IV of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322;
108 Stat. 1953 et seq.).
[[Page S5801]]
SEC. 505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF
THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL
QUALIFIED BATTERED IMMIGRANT SELF-PETITIONERS.
(a) Eliminating Connection Between Battery and Unlawful
Entry.--Section 212(a)(6)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(6)(A)(ii)) is amended--
(1) by striking subclause (I) and inserting the following:
``(I) the alien qualifies for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(i); and'';
(2) in subclause (II), by striking ``, and'' and inserting
a period; and
(3) by striking subclause (III).
(b) Eliminating Connection Between Battery and Violation of
the Terms of an Immigrant Visa.--Section
212(a)(9)(B)(iii)(IV) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amended by striking
``who would be described in paragraph (6)(A)(ii)'' and all
that follows before the period and inserting ``who is
described in paragraph (6)(A)(ii)''.
(c) Battered Immigrant Waiver.--Section 212(a)(9)(C)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(C)(ii)) is amended by adding at the end the
following: ``The Attorney General in the Attorney General's
discretion may waive the provisions of section
212(a)(9)(C)(i) in the case of an alien to whom the Attorney
General has granted classification under clause (iii), (iv),
(v), or (vi) of section 204(a)(1)(A), or classification under
clause (ii), (iii), or (iv) of section 204(a)(1)(B), in any
case in which there is a connection between--
``(1) the aliens having been battered or subjected to
extreme cruelty; and
``(2) the alien's--
``(A) removal;
``(B) departure from the United States;
``(C) reentry or reentries into the United States; or
``(D) attempted reentry into the United States.
(d) Domestic Violence Victim Waiver.--
(1) Waiver for victims of domestic violence.--Section
237(a) of the Immigration and Nationality Act (8 U.S.C.
1227(a)) is amended by inserting at the end the following:
``(7) Waiver for victims of domestic violence.--
``(A) In general.--The Attorney General is not limited by
the criminal court record and may waive the application of
paragraph (2)(E)(i) (with respect to crimes of domestic
violence and crimes of stalking) and (ii) in the case of an
alien who has been battered or subjected to extreme cruelty
and who is not and was not the primary perpetrator of
violence in the relationship--
``(i) upon a determination that--
``(I) the alien was acting is self-defense;
``(II) the alien was found to have violated a protection
order intended to protect the alien; or
``(III) the alien committed, was arrested for, was
convicted of, or pled guilty to committing a crime--
``(aa) that did not result in serious bodily injury; and
``(bb) where there was a connection between the crime and
the alien's having been battered or subjected to extreme
cruelty.
``(B) Credible evidence considered.--In acting on
applications under this paragraph, the Attorney General shall
consider any credible evidence relevant to the application.
The determination of what evidence is credible and the weight
to be given that evidence shall be within the sole discretion
of the Attorney General.''.
(2) Conforming amendment.--Section 240A(b)(1)(C) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is
amended by inserting ``(except in a case described in section
237(a)(7) where the Attorney General exercises discretion to
grant a waiver)'' after ``237(a)(3)''.
(e) Misrepresentation Waivers for Battered Spouses of
United States Citizens and Lawful Permanent Residents.--
(1) Waiver of inadmissibility.--Section 212(i)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is
amended by inserting before the period at the end the
following: ``or, in the case of an alien granted
classification under clause (iii) or (iv) of section
204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B),
or who would otherwise qualify for relief under section
240A(b)(2) or under section 244(a)(3) (as in effect before
the title III-A effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996),
the alien demonstrates extreme hardship to the alien or the
alien's United States citizen, lawful permanent resident, or
qualified alien parent or child''.
(2) Waiver of deportability.--Section 237(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is
amended--
(A) in clause (i), by inserting ``(I)'' after ``(i)'';
(B) by redesignating clause (ii) as subclause (II); and
(C) by adding after clause (i) the following:
``(ii) is an alien who qualifies for classification under
clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii)
or (iii) of section 204(a)(1)(B), or who qualifies for relief
under section 240A(b)(2) or under section 244(a)(3) (as in
effect before the title III-A effective date in section 309
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).''.
(f) Battered Immigrant Waiver.--Section 212(g)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is
amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by adding ``or'' at the end; and
(3) by inserting after subparagraph (B) the following:
``(C) qualifies for classification under clause (iii) or
(iv) of section 204(a)(1)(A) or classification under clause
(ii) or (iii) of section 204(a)(1)(B), relief under section
240A(b)(2), or relief under section 244(a)(3) (as in effect
before the title III-A effective date in section 309 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996);''.
(g) Waivers for VAWA Eligible Battered Immigrants.--Section
212(h)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(h)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' and inserting
``or'';
(2) by adding at the end the following:
``(C) the alien qualifies for classification under clause
(iii) or (iv) of section 204(a)(1)(A), classification under
clause (ii) or (iii) of section 204(a)(1)(B), relief under
section 240A(b)(2) or relief under section 244(a)(3) (as in
effect before the title III-A effective date in section 309
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996); and''.
(h) Public Charge.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by adding at the
end the following:
``(p) In determining whether an alien described in
subsection (a)(4)(C)(i) is inadmissible under subsection
(a)(4) or ineligible to receive an immigrant visa or
otherwise to adjust to the status of permanent resident by
reason of subsection (a)(4), the consular officer or the
Attorney General shall not consider any benefits the alien
may have received that were authorized under section 501 of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1641(c)).''.
(i) 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
the House of Representatives covering, with respect to the
fiscal year 1997 and each fiscal year thereafter--
(1) the policy and procedures of the Immigration and
Naturalization Service under which an alien who has been
battered or subjected to extreme cruelty who is eligible for
suspension of deportation or cancellation of removal can
request to be placed, and be placed, in deportation or
removal proceedings so that such alien may apply for
suspension of deportation or cancellation of removal;
(2) the number of requests filed at each district office
under this policy;
(3) the number of these requests granted reported
separately for each district; and
(4) 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 the immigrant appears before an immigration judge
to file an application for suspension of deportation or
cancellation of removal.
SEC. 506. RESTORING IMMIGRATION PROTECTIONS UNDER THE
VIOLENCE AGAINST WOMEN ACT OF 1994.
(a) Removing Barriers to Adjustment of Status for Victims
of Domestic Violence.--
(1) Immigration amendments.--Section 245 of the Immigration
and Nationality Act (8 U.S.C. 1255) is amended--
(A) in subsection (a), by inserting ``or the status of any
other alien having an approved petition for classification
under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1) or'' after ``into the United States.''; and
(B) in subsection (c), by striking ``Subsection (a) shall
not be applicable to'' and inserting the following: ``Other
than an alien having an approved petition for classification
under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi),
(B)(ii), (B)(iii), or B(iv) of section 204(a)(1), subsection
(a) shall not be applicable to''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications for adjustment of status pending
on or made on or after January 14, 1998.
(b) Removing Barriers to Cancellation of Removal and
Suspension of Deportation for Victims of Domestic Violence.--
(1) Not treating service of notice as terminating
continuous period.--Section 240A(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking
``when the alien is served a notice to appear under section
239(a) or'' and inserting ``(A) except in the case of an
alien who applies for cancellation of removal under
subsection (b)(2) when the alien is served a notice to appear
under section 239(a), or (B)''.
(2) Exemption from annual limitation on cancellation of
removal for battered spouse or child.--Section 240A(e)(3) of
the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is
amended by adding at the end the following:
``(C) Aliens in removal proceedings who applied for
cancellation of removal under subsection (b)(2).''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect as if included in the enactment of
section 304 of the Illegal Immigration Reform
[[Page S5802]]
and Immigrant Responsibility Act of 1996 (Public Law 104-208;
110 Stat. 587).
(4) Modification of certain transition rules for battered
spouse or child.--Section 309(c)(5)(C) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1101 note) is amended--
(A) by striking the subparagraph heading and inserting the
following:
``(C) Special rule for certain aliens granted temporary
protection from deportation and for battered spouses and
children.--''; and
(B) in clause (i)--
(i) in subclause (IV), by striking ``or'' at the end;
(ii) in subclause (V), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following:
``(VI) is an alien who was issued an order to show cause or
was in deportation proceedings before April 1, 1997, and who
applied for suspension of deportation under section 244(a)(3)
of the Immigration and Nationality Act (as in effect before
the date of the enactment of this Act).''.
(5) Effective date.--The amendments made by paragraph (4)
shall take effect as if included in the enactment of section
309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note).
(c) Eliminating Time Limitations on Motions To Reopen
Removal and Deportation Proceedings for Victims of Domestic
Violence.--
(1) Removal proceedings.--
(A) In general.--Section 240(c)(6)(C) of the Immigration
and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by
adding at the end the following:
``(iv) Special rule for battered spouses and children.--
There is no time limit on the filing of a motion to reopen,
and the deadline specified in subsection (b)(5)(C) for filing
such a motion does not apply--
``(I) if the basis for the motion is to apply for relief
under clause (iii) or (iv) of section 204(a)(1)(A), clause
(ii) or (iii) of section 204(a)(1)(B), or section 240A(b)(2);
and
``(II) if the motion is accompanied by a cancellation of
removal application to be filed with the Attorney General or
by a copy of the self-petition that has been or will be filed
with the Immigration and Naturalization Service upon the
granting of the motion to reopen.''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if included in the enactment of section
304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1229-1229c).
(2) Deportation proceedings.--
(A) In general.--Notwithstanding any limitation imposed by
law on motions to reopen or rescind deportation proceedings
under 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)), there is no time limit on the
filing of a motion to reopen such proceedings, and the
deadline specified in section 242B(c)(3) of the Immigration
and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3))
does not apply--
(i) if the basis of the motion is to apply for relief under
clause (iii) or (iv) of section 204(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)),
clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8
U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as
so in effect) (8 U.S.C. 1254(a)(3)); and
(ii) if the motion is accompanied by a suspension of
deportation application to be filed with the Attorney General
or by a copy of the self-petition that will be filed with the
Immigration and Naturalization Service upon the granting of
the motion to reopen.
(B) Applicability.--Subparagraph (A) shall apply to motions
filed by aliens who--
(i) are, or were, in deportation proceedings under 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)); and
(ii) have become eligible to apply for relief under clause
(iii) or (iv) of section 204(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or
(iii) of section 204(a)(1)(B) of such Act (8 U.S.C.
1154(a)(1)(B)), or section 244(a)(3) of such 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)) as a result
of the amendments made by--
(I) subtitle G of title IV of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat.
1953 et seq.); or
(II) this title.
SEC. 507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE
IMMIGRATION PROVISIONS OF THE VIOLENCE AGAINST
WOMEN ACT OF 1994.
(a) Effect of Changes in Abusers' Citizenship Status on
Self-Petition.--
(1) Reclassification.--Section 204(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as
amended by section 503(b)(3) of this title) is amended by
adding at the end the following:
``(vi) For the purposes of any petition filed under clause
(iii) or (iv), the denaturalization, loss or renunciation of
citizenship, death of the abuser, divorce, or changes to the
abuser's citizenship status after filing of the petition
shall not adversely affect the approval of the petition, and
for approved petitions shall not preclude the classification
of the eligible self-petitioning spouse or child as an
immediate relative or affect the alien's ability to adjust
status under subsections (a) and (c) of section 245 or obtain
status as a lawful permanent resident based on the approved
self-petition under such clauses.''.
(2) Loss of status.--Section 204(a)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as
amended by section 503(c)(4) of this title) is amended by
adding at the end the following:
``(v)(I) For the purposes of any petition filed or approved
under clause (ii) or (iii), divorce, or the loss of lawful
permanent resident status by a spouse or parent after the
filing of a petition under that clause shall not adversely
affect approval of the petition, and, for an approved
petition, shall not affect the alien's ability to adjust
status under subsections (a) and (c) of section 245 or obtain
status as a lawful permanent resident based on an approved
self-petition under clause (ii) or (iii).
``(II) Upon the lawful permanent resident spouse or parent
becoming or establishing the existence of United States
citizenship through naturalization, acquisition of
citizenship, or other means, any petition filed with the
Immigration and Naturalization Service and pending or
approved under clause (ii) or (iii) on behalf of an alien who
has been battered or subjected to extreme cruelty shall be
deemed reclassified as a petition filed under subparagraph
(A) even if the acquisition of citizenship occurs after
divorce or termination of parental rights.''.
(3) Definition of immediate relatives.--Section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1154(b)(2)(A)(i)) is amended by adding at the end the
following: ``For purposes of this clause, an alien who has
filed a petition under clause (iii) or (iv) of section
204(a)(1)(A) of this Act remains an immediate relative in the
event that the United States citizen spouse or parent loses
United States citizenship on account of the abuse.''.
(b) Allowing Remarriage of Battered Immigrants.--Section
204(h) of the Immigration and Nationality Act (8 U.S.C.
1154(h)) is amended by adding at the end the following:
``Remarriage of an alien whose petition was approved under
section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or marriage of
an alien described in section 204(a)(1)(A) (iv) or (vi) or
204(a)(1)(B)(iii) shall not be the basis for revocation of a
petition approval under section 205.''.
SEC. 508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION
FOR BATTERED IMMIGRANTS.
Section 431(c)(1)(B)(iii) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)(1)(B)(iii)) is amended to read as follows:
``(iii) suspension of deportation under 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).''.
SEC. 509. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED
IMMIGRANT SPOUSES AND CHILDREN.
(a) In General.--The last sentence of the first section of
Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note) is
amended by striking the period at the end and inserting the
following: ``, except that such spouse or child who has been
battered or subjected to extreme cruelty may adjust to
permanent resident status under this Act without
demonstrating that he or she is residing with the Cuban
spouse or parent in the United States. In acting on
applications under this section with respect to spouses or
children who have been battered or subjected to extreme
cruelty, the Attorney General shall apply the provisions of
section 204(a)(1)(H).''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective as if included in subtitle G of title IV
of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322; 108 Stat. 1953 et seq.).
SEC. 510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL
AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND
CHILDREN.
Section 309(c)(5)(C) of the Illegal Immigration and Reform
and Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208; 8 U.S.C. 1101 note) is amended--
(1) in clause (i)--
(A) by striking ``For purposes'' and inserting ``Subject to
clauses (ii), (iii), and (iv), for purposes'';
(B) by striking ``or'' at the end of subclause (IV);
(C) by striking the period at the end of subclause (V) and
inserting ``; or''; and
(D) by adding at the end the following:
``(VI) is at the time of filing of an application under
subclause (I), (II), (V), or (VI) the spouse or child of an
individual described in subclause (I), (II), or (V) and the
spouse, child, or child of the spouse has been battered or
subjected to extreme cruelty by the individual described in
subclause (I), (II), or (V).''; and
(2) by adding at the end the following:
``(iii) Consideration of petitions.--In acting on a
petition filed under subclause (VI) or (VII) of clause (i)
the provisions set forth in section 204(a)(1)(H) shall apply.
``(iv) Residence with spouse or parent not required.--For
purposes of the application of subclauses (VI) and (VII) of
clause (i),
[[Page S5803]]
a spouse or child shall not be required to demonstrate that
he or she is residing with the spouse or parent in the United
States.''.
SEC. 511. ACCESS TO THE HAITIAN REFUGEE FAIRNESS ACT OF 1998
FOR BATTERED SPOUSES AND CHILDREN.
(a) In General.--Section 902(d)(1)(B) of the Haitian
Refugee Immigration Fairness Act of 1998 (division A of
section 101(h) of Public Law 105-277; 112 Stat. 2681-538) is
amended to read as follows:
``(B)(i) the alien is the spouse or child of an alien whose
status is adjusted to that of an alien lawfully admitted for
permanent residence under subsection (a);
``(ii) at the time of filing or the application for
adjustment under subsection (a) or this subsection the alien
is the spouse or child of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent residence
under subsection (a) and the spouse, child, or child of the
spouse has been battered or subjected to extreme cruelty by
the individual described in subsection (a); and
``(iii) in acting on applications under this section with
respect to spouses or children who have been battered or
subjected to extreme cruelty, the Attorney General shall
apply the provisions of section 204(a)(1)(H).''.
(b) Residence With Spouse or Parent Not Required.--Section
902(d) of such Act is amended--
(1) in paragraph (1), by striking ``The status'' and
inserting ``Subject to paragraphs (2) and (3), the status'';
and
(2) by adding at the end the following:
``(3) Residence with spouse or parent not required.--A
spouse, or child may adjust to permanent resident status
under paragraph (1) without demonstrating that he or she is
residing with the spouse or parent in the United States.''.
SEC. 512. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR
BATTERED IMMIGRANTS.
(a) Law Enforcement and Prosecution Grants.--Section
2001(b) of part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended--
(1) in paragraph (1), by inserting ``, immigration and
asylum officers, immigration judges,'' after ``law
enforcement officers'';
(2) in paragraph (8) (as amended by section 209(c) of this
Act), by striking ``and'' at the end;
(3) in paragraph (9) (as added by section 209(c) of this
Act), by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(10) providing assistance to victims of domestic violence
and sexual assault in immigration matters.''.
(b) Grants To Encourage Arrests.--Section 2101(b)(5) of
part U of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh(b)(5)) is amended by
inserting before the period the following: ``, including
strengthening assistance to domestic violence victims in
immigration matters''.
(c) Rural Domestic Violence and Child Abuse Enforcement
Grants.--Section 40295(a)(2) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat.
1953; 42 U.S.C. 13971(a)(2)) is amended to read as follows:
``(2) to provide treatment, counseling, and assistance to
victims of domestic violence and child abuse, including in
immigration matters; and''.
(d) Campus Domestic Violence Grants.--Section 826(b)(5) of
the Higher Education Amendments of 1998 (Public Law 105-244;
20 U.S.C. 1152) is amended by inserting before the period at
the end the following: ``, including assistance to victims in
immigration matters''.
TITLE VI--EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND
SEC. 601. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.
(a) In General.--Section 310001(b) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) is
amended by striking paragraphs (1) through (5) and inserting
the following:
``(1) for fiscal year 2001, $6,025,000,000;
``(2) for fiscal year 2002, $6,169,000,000;
``(3) for fiscal year 2003, $6,316,000,000;
``(4) for fiscal year 2004, $6,458,000,000; and
``(5) for fiscal year 2005, $6,616,000,000.''.
(b) Discretionary Limits.--Title XXXI of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14211 et
seq.) is amended by inserting after section 310001 the
following:
``SEC. 310002. DISCRETIONARY LIMITS.
``For the purposes of allocations made for the
discretionary category under section 302(a) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)), the term
`discretionary spending limit' means--
``(1) with respect to fiscal year 2001--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Committee on the Budget of
the House of Representatives and the Chairman of the
Committee on the Budget of the Senate; and
``(B) for the violent crime reduction category,
$6,025,000,000 in new budget authority and $5,718,000,000 in
outlays;
``(2) with respect to fiscal year 2002--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Committee on the Budget of
the House of Representatives and the Chairman of the
Committee on the Budget of the Senate; and
``(B) for the violent crime reduction category,
$6,169,000,000 in new budget authority and $6,020,000,000 in
outlays;
``(3) with respect to fiscal year 2003--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Committee on the Budget of
the House of Representatives and the Chairman of the
Committee on the Budget of the Senate; and
``(B) for the violent crime reduction category,
$6,316,000,000 in new budget authority and $6,161,000,000 in
outlays;
``(4) with respect to fiscal year 2004--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Committee on the Budget of
the House of Representatives and the Chairman of the
Committee on the Budget of the Senate; and
``(B) for the violent crime reduction category,
$6,459,000,000 in new budget authority and $6,303,000,000 in
outlays; and
``(5) with respect to fiscal year 2005--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Committee on the Budget of
the House of Representatives and the Chairman of the
Committee on the Budget of the Senate; and
``(B) for the violent crime reduction category, $6,616,000
in new budget authority and $6,452,000,000 in outlays;
as adjusted in accordance with section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)) and section 314 of the Congressional Budget Act of
1974.''.
Mr. HATCH. Mr. President, I rise today with my colleague and friend,
Senator Joseph Biden, to introduce one of the most significant pieces
of legislation that the Senate will consider this year, the Violence
Against Women Act of 2000. This historic bill reauthorizes the Violence
Against Women Act programs that would otherwise expire at the end of
this fiscal year. This new bill is the result of bipartisan cooperation
over the last year and combines the best provisions of S. 245, the
Violence Against Women Act of 1999, which I introduced last year, and
of S. 51, Senator Biden's Violence Against Women Act II.
Six years ago, recognizing the importance and need to protect the
women and children in this country from domestic violence, stalking,
and sexual assault, senators from both parties supported the original
Violence Against Women Act in 1994. This legislation has made a
critical difference in the lives of countless families in my state of
Utah and across the country.
The Violence Against Women Act strengthened our laws, empowered law
enforcement, facilitated access to protective orders, established and
funded both battered women shelters and a national domestic violence
hotline, and most importantly led to the overall protection of
America's women and children.
Well, we must ask ourselves, ``Was it worth it? Did our efforts made
a difference?'' I stand here today to answer those questions with a
resounding ``yes.''
The most recent Department of Justice statistics show that violence
against women by intimate partners is down 21 percent across the board
from just before the original bill's enactment. The Department of
Justice has prosecuted hundreds of cases involving interstate domestic
violence, interstate stalking, and interstate violations of protection
orders. Through funding provided by the Act, the Department of Health
and Human Services has provided grant funds to shelter more than
300,000 women and their dependents each year, while the National
Domestic Violence Hotline has responded to approximately 500,000 calls.
In all, the original Violence Against Women Act provided $1.6 billion
in grant funds supporting the work of law enforcement officials,
prosecutors, the courts, victim advocates, and intervention and
prevention programs to address domestic violence at all levels.
Although the Violence Against Women Act has been widely successful,
domestic violence continues to plague our homes, our communities, and
our country. The national statistics are sobering:
Nearly one-third of women murdered each year are killed by their
intimate partners.
[[Page S5804]]
Violence by intimates accounts for over 20 percent of all violent
crime against women.
Approximately one million women are stalked each year.
Women were raped and sexually assaulted 307,000 times in 1998 alone.
Thus, I believe we should ask ourselves today, ``Should we continue
and strengthen our efforts to combat violence against women?'' Once
again, I stand here today to answer this question with a resounding
``yes.'' We must continue our efforts to protect our women and children
from the devastating effects of domestic violence, stalking, and sexual
assault.
The Violence Against Women Act of 2000 will reauthorize through
fiscal year 2005 the grant programs that will enable the federal,
state, and local governments to persist in their efforts to prosecute
offenders and provide vital services to the victims of domestic
violence. I would like to point out that the recent Supreme Court case
United States v. Morrison, 120 S. Ct. 1740 (2000), simply invalidated
the ``civil remedy'' provision, which allowed a victim of gender-
motivated violence to sue her attacker in federal court. The case did
not affect the ability of Congress to reauthorize the Violence Against
Women Act, nor did the case affect any other aspect of the Act.
There are several new, important, and worthwhile programs in this
bill. One in particular, the transitional housing program, had its
inception in my own state of Utah. Dedicated professionals in my State,
working in the field, brought to my attention the fact that shelters
often fail to provide adequate help to persons escaping the horror of
domestic violence. In states like Utah, the spread-out location and the
few number of shelters makes it difficult to serve the entire
population in need of refuge from domestic violence. Furthermore,
shelters are often inadequate for anything more than a few weeks. The
transitional housing program remedies the situation by allowing some
supplemental and short term housing for persons escaping domestic
violence.
It is absolutely imperative that we achieve strong, bipartisan
support for this bill. We are approaching the end of our legislative
session--we need to take the politics out of the process and
reauthorize this Act. Senator Biden and I have worked long and hard on
this--we are confident that our bill represents not only the interests
of both Republicans and Democrats, but that it truly represents the
interests of the American family. I intend to move this bill through
the Senate Judiciary Committee promptly and intend to do all I can to
ensure it becomes law this year.
Finally, I would conclude by expressing my gratitude to Senator Biden
for his tireless efforts to get this legislation written and passed. No
one in the Senate has a longer and greater history of dedication to
combating violence against women.
I would also like to express my appreciation to Senator Spencer
Abraham from Michigan. He has given much of his time and attention to
this bill, particularly on the immigration provisions. I am grateful
for his efforts.
Mr. LEAHY. Mr. President, I support the Violence Against Women Act of
2000 (VAWA II). As we head into the 21st century, violence against
women continues to affect millions of women and children in this
country. Whether you live in a big city or a rural town, domestic
violence can be found anywhere.
I witnessed the devastating effects of domestic violence early on in
my career, when I was the Vermont State's Attorney for Chittenden
County. In those days, long before the passage of the Violence Against
Women Act (VAWA), there were not support programs and services in place
to assist victims of these types of crimes. Today, because of the hard
work and dedication of those in Vermont and around the country who work
on these problems every day, an increasing number of women and children
are seeking services through domestic violence programs and at shelters
around the nation.
Since the passage of VAWA in 1994, I have been privileged to work
with groups such as the Vermont Network Against Domestic Violence and
Sexual Assault and the Vermont Center for Crime Victim Services who
have worked to help put a stop to violence against women and provided
assistance to those who have fallen victim to it. I am proud today to
support the Violence Against Women Act of 2000, a Federal initiative
designed to continue the success of VAWA by reauthorizing Federal
programs to prevent violence against women.
Six years ago, VAWA passed Congress as part of the Violent Crime
Control and Law Enforcement Act. That Act combined tough law
enforcement strategies with safeguards and services for victims of
domestic violence and sexual assault. I am proud to say that Vermont
was the first State in the country to apply for and receive funding
through VAWA. Since VAWA was enacted, Vermont has received almost $7
million in VAWA funds.
This funding has enabled Vermont to develop specialized prosecution
units and child advocacy centers throughout the state. Lori Hayes,
Executive Director of the Vermont Center for Crime Victim Services, and
Marty Levin, Coordinator of the Vermont Network Against Domestic
Violence and Sexual Assault, have been especially instrumental in
coordinating VAWA grants in Vermont. Their hard work has brought
Vermont grant funding for encouraging arrest policies as well as for
combating rural domestic violence and child abuse. These grants have
made a real difference in the lives of those who suffer from violence
and abuse. Reauthorization of these vital programs in VAWA II will
continue to build on these successes.
We have tolerated violence against women for far too long and this
bill continues to move us toward reducing violence against women by
strengthening law enforcement through the extension of STOP grants,
which encourage a multi-disciplinary approach to improving the criminal
justice system's response to violence against women. With support from
STOP grants, law enforcement, prosecution, courts, victim advocates and
service providers work together to ensure victim safety and offender
accountability.
The beneficial effects of STOP grants are evident throughout Vermont.
From the Windham County Domestic Violence Unit to the Rutland County
Women's Network and Shelter, STOP grants have resulted in enhanced
victim advocacy services, increased safety for women and children, and
increased accountability of perpetrators. The Northwest Unit for
Special Investigations in St. Albans, Vermont, has established a multi-
disciplinary approach to the investigation of adult sexual assault and
domestic violence cases with the help of STOP funds. By linking victims
with advocacy programs at the time of the initial report, the Unit
finds that more victims get needed services and support and thus find
it easier to participate in the investigation and subsequent
prosecution. The State's Attorney's Office, which has designated a
prosecutor to participate in the Unit, has implemented a new protocol
for the prosecution of domestic violence cases. The protocol and multi-
disciplinary approach are credited with an 80 percent conviction rate
in domestic violence and sexual assault cases.
Passing VAWA II will continue grants which strengthen pro-arrest
policies and enforcement of protection orders. In a rural state like
Vermont, law enforcement agencies greatly benefit from cooperative,
inter-agency efforts to combat and solve significant problems. Last
year, approximately $850,000 of this funding supported Vermont efforts
to encourage arrest policies.
Vermont will also benefit from the extension of Rural Domestic
Violence and Child Victimization Enforcement Grants under VAWA II.
These grants are designed to make victim services more accessible to
women and children living in rural areas. I worked hard to see this
funding included in the original VAWA in 1994, and I am proud that its
success has merited an increased authorization for funding in VAWA II.
Rural Domestic Violence and Child Victimization Enforcement Grants have
been utilized by the Vermont Network Against Domestic Violence and
Sexual Assault, the Vermont Attorney General's Office, and the Vermont
Department of Social and Rehabilitation Services to increase community
awareness, to develop cooperative relationships between state child
protection agencies and domestic violence programs, to expand existing
multi disciplinary task forces to include allied
[[Page S5805]]
professional groups, and to create local multi-use supervised
visitation centers.
This bill will also reauthorize the National Stalker and Domestic
Violence Reduction Grant. This important grant program assists in the
improvement of local, state and national crime databases for tracking
stalking and domestic violence.
As we work to prevent violence against women, we must not forget
those who have already fallen victim to it. This bill recognizes that
combating violence against women includes assistance measures as well
as preventive ones, providing assistance to victims of domestic and
sexual violence in a number of ways.
The National Domestic Violence Hotline, which has already assisted
over 180,000 callers, will be able to continue its crucial operation.
Much like the state hotline that the Vermont Network Against Domestic
Violence and Sexual Assault helped to establish in Vermont, the
National Hotline reaches victims who otherwise have nowhere to turn.
I am particularly pleased to see that VAWA II will also authorize a
new grant program for civil legal assistance. In the past, funding for
legal services for victims of domestic violence was dependent on a set-
aside in the STOP grant appropriation. This separate grant
authorization will allow victims of violence, stalking and sexual
assault, who would otherwise be unable to afford professional legal
representation, to obtain access to trained attorneys and advocacy
services. These grants would support training, technical assistance and
support for cooperative efforts between victim advocacy groups and
legal assistance providers.
As enacted, the Violence Against Women Act has funded programs that
provide shelter to battered women and children. I am pleased to see
that VAWA II expands this funding, so that facilities such as the Women
Helping Battered Women Shelter in Burlington, Vermont, will continue to
be able to serve victims in their most vulnerable time in need of
shelter.
In addition to this funding, I am excited to see the addition of a
provision for transitional housing assistance in VAWA II. This grant
for short-term housing assistance and support services for homeless
families who have fled from domestic violence environments was one of
the biggest priorities for my State and I am pleased to see its
inclusion in this legislation.
Despite the overwhelming benefits of this legislation, I do think
there are some problems with this bill and it is my hope that we can
work to fix them. For example, this legislation does not go far enough
in providing the comprehensive housing assistance that state and
victim's coalitions need in combating this problem. In Vermont, the
availability of affordable housing is at an all time low. Providing
victims of domestic violence with a safe place to reside after a
terrifying experience should be a priority. I would like to see
additional support for groups that addresses the need for funding for
underserved populations. I had proposed a more extensive program of
transitional housing assistance than we were able to keep in the bill.
It is my hope that we can continue to work to expand these transitional
living opportunities in the coming weeks as Congress takes up this
bill.
Another area of concern that I wish to see addressed in this bill is
the absence of a redefinition of ``domestic violence'' to include
``dating relationships'' in its provisions and grants. As written, VAWA
II amends the definition of ``domestic violence'' for grants to reduce
violence against women on campus to include dating relationships. I
would like to see this definition amended to include all women. The
Bureau of Justice Statistics report indicates that more than four in
every 10 incidents of domestic violence involves non-married persons,
and further, that the highest rate of domestic violence occurs among
young people aged 16-24. Yet, VAWA, as currently enacted, does not
authorize prosecution of their offenders. We cannot ignore this
increasingly at risk segment of the population.
I was also pleased to see a new provision in VAWA II that would
enhance protections for older women from domestic violence and sexual
assault. Last year I introduced the Seniors Safety Act which would
enhance penalties for crimes against seniors. This provision in VAWA II
is an important complement to that legislation and I am glad to see we
have been able to generate wide support.
The bill is also designed to help young victims of crime through
funding for the establishment of safe and supervised visitation centers
for children in order to reduce the opportunity for domestic violence.
Grants will also be extended to continue funding agencies serving
homeless youth who have been or who are at risk of abuse and to
continue funding for victims of child abuse, including money for
advocates, training for judicial personnel and televised testimony.
Many of the most successful services for victims start at the local
level, such as Vermont's model hotline on domestic violence and sexual
assault. The Violence Against Women Act II recognizes these local
successes and continues grant funding of community demonstration
projects for the intervention and prevention of domestic violence.
When VAWA passed Congress, it was one of the first comprehensive
Federal efforts to combat violence against women and to assist the
victims of such violence. Today's bill gives us an opportunity to
continue funding these successful programs, to improve victim services,
and to strengthen these laws so that violence against women is
eliminated. I am proud to be an original cosponsor of this legislation
and hope we can work together to ensure the swift passage of the
Violence Against Women Act of 2000.
Mr. ABRAHAM. Mr. President, I am proud to rise today as an original
cosponsor of the Violence Against Women Act of 2000, and I urge my
colleagues to join with us in this effort to ensure the safety and
protection of women and families.
The 1994 Violence Against Women Act has been crucial in reducing
violence perpetrated against women and families across America. VAWA
'94 increased resources for training and law enforcement, and bolstered
prosecution of child abuse, sexual assault, and domestic violence
cases. States have changed the way they treat crimes of violence
against women; 24 states and the District of Columbia now mandate
arrest for most domestic violence offenses. States are lifting some of
the costs to women associated with violence, and as a result of VAWA,
all have some provision for covering the cost of a forensic rape exam.
And notably, VAWA '94 provided much-needed support for shelters and
crisis centers, and created a National Domestic Violence Hotline.
Yet, despite the advances made as a result of the original Violence
Against Women Act, violence against women remains a critical problem in
our country. Recent studies show 307,000 incidents of rape and sexual
assaults were perpetrated in 1998 alone. Over one million women are
stalked annually. Violence by intimates accounts for 20% of all violent
crimes against women.
It is essential that we reauthorize VAWA now, so that we can continue
the initiatives that have made a difference, and so that we can further
protect women and children from violence.
VAWA 2000 combines a variety of law-enforcement initiatives with
support and prevention programs, in an effort to eradicate both the
causes and effects of violence against women and families. The bill
would ensure that those who regularly interact with victims of domestic
violence--the courts, police, and social service providers--receive
excellent training in reversing the destructive effects of domestic
violence. As too many families are turned away in time of great need,
VAWA 2000 offers increased funding to expand shelter services for
families escaping violence. And in addition to providing emergency
shelter, VAWA reauthorization provides for short-term and transitional
housing, providing women and families real alternatives to returning to
abusive homes.
Finally, VAWA '94 enabled immigrant victims of domestic violence to
gain lawful permanent residence in the U.S. without the knowledge,
participation, or cooperation of their abusive citizen or permanent
resident spouses. Although the spirit and intent of this law was to
facilitate the prosecution of
[[Page S5806]]
abusers, and to allow women and children to safely escape violence and
rebuild their lives, unintended legal barriers have prevented the full
protection of VAWA '94 from taking effect. VAWA 2000 cures this fault,
and continues the spirit and work that began with the bi-partisan
passage of VAWA '94.
Mr. President, it is essential that these programs be reauthorized,
so that we may stop the cycles of violence and poverty that result from
domestic violence. I urge my colleagues to support VAWA 2000, and I
look forward to working with the members of the Judiciary Committee in
bringing this important legislation to the floor as soon as possible.
______
By Mr. COCHRAN:
S. 2788. A bill to establish a strategic planning team to develop a
plan for the dissemination of research on reading; to the Committee on
Health, Education, Labor, and Pensions.
the reading research dissemination and implementation act
Mr. COCHRAN. Madam President, today I am introducing a bill to
establish the Reading Research Dissemination and Implementation Plan,
an initiative which follows up on the important work of the National
Reading Panel.
Three years ago I discovered that the National Institute of Child
Health and Human Services had completed a thorough study of factors and
conditions that affect the learning of reading in children. Since
reading is such a basic and necessary first step in the process of
education, nothing is more important to a child's educational
development than learning to read.
I was honored to chair the recent hearing of the Appropriations
Subcommittee on Labor, Health and Human Services, and Education, which
accepted the National Writing Panel's report titled, ``An Evidence-
Based Assessment of the Scientific Research Literature on Reading and
Its Implications for Reading Instruction.'' The report has been
distributed to Congress, universities, schools, education
administrators, and libraries. At the hearing, Dr. Donald Langenberg,
Chairman of the panel, stated, ``There is a recent report entitled
Teaching Reading Is Rocket Science. . . . that is a gross
understatement.''
It is time to ensure that the panel's findings are disseminated in a
manner that will result in the implementation of the best practices for
the effective teaching of reading.
This bill directs the National Reading Panel, the National Institute
for Child Health and Human Development and the Department of Education
to devise a strategic plan to include the findings in teacher
preparation course work, professional development for current teachers,
textbooks, and other instructional materials. The legislation further
instructs that the plan be submitted to the Secretary of Education by
December 31, 2000, and that the Secretary immediately take actions to
implement it.
The research report, ``Relations Between Policy and Practice: A
Commentary,'' written in 1990 by D. K. Cohen and D. L. Ball states,
``It costs state legislators and bureaucrats relatively little to
fashion a new instructional policy. If instructional changes are to be
made, [teachers] must make them. Teachers construct their practices
gradually. Teaching is . . . a way of knowing, of seeing, and of
being.''
Over the last several years, reading assessments have continued to
show that nearly half of our nation's fourth graders do not read at
grade level. Research and study on literacy over the last few decades
has shown that children who have difficulty reading are more likely to
suffer poor self esteem, fail to achieve in other subjects, become
trouble makers in school and eventually criminals in jail. The research
also shows that once a child is nine years old, remediation becomes
more difficult. We need to move quickly to take advantage of what is
known to predict and prevent reading difficulties, help those children
who are having difficulty, and begin teaching for successful reading
instruction.
We know that successfully mastering reading at an early age makes
success in life more likely. It is my purpose and hope in introducing
this legislation that the classrooms of today's preschoolers,
kindergartners, and early grades will begin to benefit from the
intelligence we have about how our brains connect and decode the
complicated processes needed for reading.
This legislation will engage researchers, policy makers, teachers and
parents in a focused mission. A mission to ensure that children acquire
the most essential skill for future success: reading. I invite other
Senators to join me in supporting this important effort.
I ask unanimous consent the text of the bill be printed in the Record
immediately following my remarks.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2788
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. READING RESEARCH DISSEMINATION AND IMPLEMENTATION
PLAN.
(a) Short Title.--This section may be cited as the
``Reading Research Dissemination and Implementation Act''.
(b) Findings.--Congress makes the following findings:
(1) The National Reading Panel was convened to assess the
status of research-based knowledge in the area of reading
development and instruction and to evaluate the effectiveness
of various approaches to teaching children to learn to read.
(2) On April 13, 2000, the National Reading Panel issued
its report, ``Teaching Children to Read: An Evidence-Based
Assessment of the Scientific Research Literature on Reading
and its Implications for Reading Instruction''.
(3) The National Reading Panel was to assess the extent to
which instructional approaches found to be effective are
ready for application in the classroom, and to develop a
strategy for rapidly disseminating the information on those
approaches to schools to facilitate effective reading
instruction in the schools.
(4) The National Reading Panel has completed its assessment
of the objective research-based knowledge in the area of
reading development and reading instruction and has
identified several instructional strategies that have been
clearly documented by research to be effective for teaching
the range of reading skills to children of varying reading
abilities.
(5) The National Institute of Child Health and Human
Development has developed an initial dissemination strategy
to provide all Members of Congress, all colleges of
education, all State departments of education, and all public
libraries in the Nation with copies of the National Reading
Panel's report.
(6) A dissemination of findings, although helpful, does not
typically lead to systematic and genuine implementation of
the critical research findings that inform teacher
preparation practices, classroom instructional practices, and
educational policies.
(7) To ensure that research findings on effective reading
instructional approaches are fully implemented for the
improvement of the education of our Nation's children, a
strategic plan for the dissemination and implementation of
the findings is necessary.
(c) Establishment of Strategic Planning Team.--The
Assistant Secretary of Education for Educational Research and
Improvement and the Director of the National Institute of
Child Health and Human Development of the Department of
Health and Human Services shall jointly convene a strategic
planning team to develop the plan required under subsection
(d). The team shall be composed of the following:
(1) The Chairman of the National Reading Panel.
(2) Persons jointly appointed by the convening officials
from among persons who are representative of each of the
following:
(A) The National Institute of Child Health and Human
Development.
(B) The Department of Education.
(C) Teacher professional organizations.
(D) Parents.
(E) Presidents of institutions of higher education.
(F) The teacher education colleges or departments within
institutions of higher education.
(G) Private businesses.
(H) Public libraries.
(I) State boards of education.
(J) State directors of special education.
(K) The Governors of States.
(L) Publishers of reading textbooks.
(d) Plan.--The Strategic Planning Team shall develop and,
not later than December 31, 2000, submit to the Secretary of
Education a plan--
(1) to determine--
(A) the extent to which current teacher preparation for
both preservice and inservice training incorporates the
findings of the National Reading Panel; and
(B) how any barriers to the incorporation of those findings
can be changed in order to integrate the findings into
programs to educate and certify teachers;
(2) to identify the deficiencies in instructional
materials, including textbooks and supplementary materials,
and to determine how materials might be designed to correct
the deficiencies in ways that reflect the findings of the
National Reading Panel;
(3) to determine whether there are any barriers in Federal
and State policies that
[[Page S5807]]
would preclude appropriate adoption of the National Reading
Panel findings; and
(4) to identify specific strategies for collaboration among
businesses, public schools, teacher education programs,
university and college administrators, and teacher-parent
collaborations to guide and ensure that evidence-based
instructional practices are implemented in teacher
preparation, classroom instruction, and Federal and State
policies.
(e) Implementation of Plan.--Upon receiving the plan under
subsection (d), the Secretary of Education shall immediately
take the actions necessary to implement the plan.
______
By Mr. COCHRAN:
S. 2789. A bill to amend the Congressional Award Act to establish a
Congressional Recognition for Excellence in Arts Education Board; to
the Committee on Health, Education, Labor, and Pensions.
CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS EDUCATION
Mr. COCHRAN. Madam President, today I am introducing legislation
which would establish the Congressional Recognition for Excellence in
Arts Education awards to schools.
The 1997 National Assessment of Educational Progress Arts Report Card
was the first ever assessment of the effects of specific arts
instruction and the level of fine arts skills in American students. It
showed that arts instruction improved competency and literacy; and
without it, very few students were able to create or perform at an
advanced or adequate level. The evidence of the positive effects of
arts education on overall scholastic achievement is an incentive for
students, parents and schools to insist upon arts courses being a part
of every school's curriculum.
In 1997, The College Board reported that high school students with
four or more years of arts instruction scored over 100 points higher on
the Scholastic Aptitude Test than students with no arts instruction. In
a 1999 report titled, ``Gaining the Arts Advantage: Lessons From School
Districts that Value Arts Education'' it was said that, ``the presence
and quality of arts education in public schools today require an
exceptional degree of involvement by influential segments of the
community which value the arts in the total affairs of the school
district: in governance, funding, and program delivery.''
It is clear from these and other studies that students who have the
opportunity to be involved in music, art, theater and dance instruction
at school, truly have an advantage. As part of the effort to improve
education, we need to encourage arts education in our schools. One way
to do that, I think, is to recognize those schools that are offering
this advantage.
Therefore, the legislation I am introducing would create a
Congressional board and a citizens' advisory board which will establish
an award for schools demonstrating excellence in arts education
curriculum. The legislation also encourages the boards to establish
individual student awards in the future.
This bill sends a clear message of support and appreciation to those
teachers in our schools who dedicate their lives to the teaching of
music, art, theater and dance; and to those school administrators who
support comprehensive arts programs. I invite other Senators to join me
in cosponsoring this bill. I look forward to its consideration and
adoption by the Senate in the near future.
I ask unanimous consent that the bill be printed in the Record, as
follows:
There being no objection, the bill was ordered to be printed in the
Record.
S. 2789
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS
EDUCATION.
(a) In General.--The Congressional Award Act (2 U.S.C. 801-
808) is amended by adding at the end the following:
``TITLE II--CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS EDUCATION
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Congressional Recognition
for Excellence in Arts Education Act'.
``SEC. 202. FINDINGS.
``Congress makes the following findings:
``(1) Arts literacy is a fundamental purpose of schooling
for all students.
``(2) Arts education stimulates, develops, and refines many
cognitive and creative skills, critical thinking and
nimbleness in judgment, creativity and imagination,
cooperative decisionmaking, leadership, high-level literacy
and communication, and the capacity for problem-posing and
problem-solving.
``(3) Arts education contributes significantly to the
creation of flexible, adaptable, and knowledgeable workers
who will be needed in the 21st century economy.
``(4) Arts education improves teaching and learning.
``(5) Where parents and families, artists, arts
organizations, businesses, local civic and cultural leaders,
and institutions are actively engaged in instructional
programs, arts education is more successful.
``(6) Effective teachers of the arts should be encouraged
to continue to learn and grow in mastery of their art form as
well as in their teaching competence.
``(7) The 1999 study, entitled `Gaining the Arts Advantage:
Lessons from School Districts that Value Arts Education',
found that the literacy, education, programs, learning and
growth described in paragraphs (1) through (6) contribute to
successful districtwide arts education.
``(8) Despite all of the literacy, education, programs,
learning and growth findings described in paragraphs (1)
through (6), the 1997 National Assessment of Educational
Progress reported that students lack sufficient opportunity
for participatory learning in the arts.
``(9) The Arts Education Partnership, a coalition of
national and State education, arts, business, and civic
groups has demonstrated its effectiveness in addressing the
purposes described in section 205(a) and the capacity and
credibility to administer arts education programs of national
significance.
``SEC. 203. DEFINITIONS.
``In this title:
``(1) Arts education partnership.--The term `Arts Education
Partnership' (formerly known as the Goals 2000 Arts Education
Partnership) is a private, nonprofit coalition of education,
arts, business, philanthropic, and government organizations
that--
``(A) demonstrates and promotes the essential role of arts
education in enabling all students to succeed in school,
life, and work; and
``(B) was formed in 1995 through a cooperative agreement
among--
``(i) the National Endowment for the Arts;
``(ii) the Department of Education;
``(iii) the National Assembly of State Arts Agencies; and
``(iv) the Council of Chief State School Officers.
``(2) Board.--The term `Board' means the Congressional
Recognition for Excellence in Arts Education Awards Board
established under section 204.
``(3) Elementary school; secondary school.--The terms
`elementary school' and `secondary school' mean--
``(A) a public or private elementary school or secondary
school (as the case may be), as defined in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801); or
``(B) a bureau funded school as defined in section 1146 of
the Education Amendments of 1978 (25 U.S.C. 2026).
``(4) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.
``SEC. 204. ESTABLISHMENT OF BOARD.
``There is established within the legislative branch of the
Federal Government a Congressional Recognition for Excellence
in Arts Education Awards Board. The Board shall be
responsible for administering the awards program described in
section 205.
``SEC. 205. BOARD DUTIES.
``(a) Awards Program Established.--The Board shall
establish and administer an awards program to be known as the
`Congressional Recognition for Excellence in Arts Education
Awards Program'. The purpose of the program shall be to--
``(1) celebrate the positive impact and public benefits of
the arts;
``(2) encourage all elementary schools and secondary
schools to integrate the arts into the school curriculum;
``(3) spotlight the most compelling evidence of the
relationship between the arts and student learning;
``(4) demonstrate how community involvement in the creation
and implementation of arts policies enriches the schools;
``(5) recognize school administrators and faculty who
provide quality arts education to students;
``(6) acknowledge schools that provide professional
development opportunities for their teachers;
``(7) create opportunities for students to experience the
relationship between early participation in the arts and
developing the life skills necessary for future personal and
professional success;
``(8) increase, encourage, and ensure comprehensive,
sequential arts learning for all students; and
``(9) expand student access to arts education in schools in
every community.
``(b) Duties.--
``(1) School awards.--The Board shall--
``(A) make annual awards to elementary schools and
secondary schools in the States in accordance with criteria
established under subparagraph (B), which awards--
[[Page S5808]]
``(i) shall be of such design and materials as the Board
may determine, including a well-designed certificate or a
work of art, designed for the awards event by an appropriate
artist; and
``(ii) shall be reflective of the dignity of Congress;
``(B) establish criteria required for a school to receive
the award, and establish such procedures as may be necessary
to verify that the school meets the criteria, which criteria
shall include criteria requiring--
``(i) that the school provides comprehensive, sequential
arts learning and integrates the arts throughout the
curriculum; and
``(ii) 3 of the following:
``(I) that the community serving the school is actively
involved in shaping and implementing the arts policies and
programs of the school;
``(II) that the school principal supports the policy of
arts education for all students;
``(III) that arts teachers in the school are encouraged to
learn and grow in mastery of their art form as well as in
their teaching competence;
``(IV) that the school actively encourages the use of arts
assessment techniques for improving student, teacher, and
administrative performance; and
``(V) that school leaders engage the total school community
in arts activities that create a climate of support for arts
education; and
``(C) include, in the procedures necessary for verification
that a school meets the criteria described in subparagraph
(B), written evidence of the specific criteria, and
supporting documentation, that includes--
``(i) 3 letters of support for the school from community
members, which may include a letter from--
``(I) the school's Parent Teacher Association (PTA);
``(II) community leaders, such as elected or appointed
officials; and
``(III) arts organizations or institutions in the community
that partner with the school; and
``(ii) the completed application for the award signed by
the principal or other education leader such as a school
district arts coordinator, school board member, or school
superintendent;
``(D) determine appropriate methods for disseminating
information about the program and make application forms
available to schools, which methods may include--
``(i) the Arts Education Partnership web site and
publications;
``(ii) the Department of Education Community Update
newsletter;
``(iii) websites and publications of the Arts Education
Partnership steering committee members;
``(iv) press releases, public service announcements and
other media opportunities; and
``(v) direct communication by postal mail, or electronic
means;
``(E) delineate such roles as the Board considers to be
appropriate for the Director in administering the program,
and set forth in the bylaws of the Board the duties, salary,
and benefits of the Director;
``(F) raise funds for the operation of the program;
``(G) determine, and inform Congress regarding, the
national readiness for interdisciplinary individual student
awards described in paragraph (2), on the basis of the
framework established in the 1997 National Assessment of
Educational Progress and such other criteria as the Board
determines appropriate; and
``(H) take such other actions as may be appropriate for the
administration of the Congressional Recognition for
Excellence in Arts Education Awards Program.
``(2) Student awards.--
``(A) In general.--At such time as the Board determines
appropriate, the Board--
``(i) shall make annual awards to elementary school and
secondary school students for individual interdisciplinary
arts achievement; and
``(ii) establish criteria for the making of the awards.
``(B) Award model.--The Board may use as a model for the
awards the Congressional Award Program and the President's
Physical Fitness Award Program.
``(c) Presentation.--The Board shall arrange for the
presentation of awards under this section to the recipients
and shall provide for participation by Members of Congress in
such presentation, when appropriate.
``(d) Date of Announcement.--The Board shall determine an
appropriate date or dates for announcement of the awards
under this section, which date shall coincide with a National
Arts Education Month or a similarly designated day, week or
month, if such designation exists.
``(e) Report.--
``(1) In general.--The Board shall prepare and submit an
annual report to Congress not later than March 1 of each year
summarizing the activities of the Congressional Recognition
for Excellence in Arts Education Awards Program during the
previous year and making appropriate recommendations for the
program. Any minority views and recommendations of members of
the Board shall be included in such reports.
``(2) Contents.--The annual report shall contain the
following:
``(A) Specific information regarding the methods used to
raise funds for the Congressional Recognition for Excellence
in Arts Education Awards Program and a list of the sources of
all money raised by the Board.
``(B) Detailed information regarding the expenditures made
by the Board, including the percentage of funds that are used
for administrative expenses.
``(C) A description of the programs formulated by the
Director under section 207(b)(1), including an explanation of
the operation of such programs and a list of the sponsors of
the programs.
``(D) A detailed list of the administrative expenditures
made by the Board, including the amounts expended for
salaries, travel expenses, and reimbursed expenses.
``(E) A list of schools given awards under the program, and
the city, town, or county, and State in which the school is
located.
``(F) An evaluation of the state of arts education in
schools, which may include anecdotal evidence of the effect
of the Congressional Recognition for Excellence in Arts
Education Awards Program on individual school curriculum.
``(G) On the basis of the findings described in section 202
and the purposes of the Congressional Recognition for
Excellence in Arts Education Awards Program described in
section 205(a), a recommendation regarding the national
readiness to make individual student awards under subsection
(b)(2).
``SEC. 206. COMPOSITION OF BOARD; ADVISORY BOARD.
``(a) Composition.--
``(1) In general.--The Board shall consist of 9 members as
follows:
``(A) 2 Members of the Senate appointed by the Majority
Leader of the Senate.
``(B) 2 Members of the Senate appointed by the Minority
Leader of the Senate.
``(C) 2 Members of the House of Representatives appointed
by the Speaker of the House of Representatives.
``(D) 2 Members of the House of Representatives appointed
by the Minority Leader of the House of Representatives.
``(E) The Director of the Board, who shall serve as a
nonvoting member.
``(2) Advisory board.--There is established an Advisory
Board to assist and advise the Board with respect to its
duties under this title, that shall consist of 15 members
appointed--
``(A) in the case of the initial such members of the
Advisory Board, by the leaders of the Senate and House of
Representatives making the appointments under paragraph (1),
from among representatives of the Arts Education Partnership
selected from recommendations received from the Arts
Education Partnership steering committee; and
``(B) in the case of any other such members of the Advisory
Board, by the Board, from among representatives of the Arts
Education Partnership selected from recommendations received
from the Arts Education Partnership steering committee.
``(3) Special rule for advisory board.--In making
appointments to the Advisory Board, the individuals and
entity making the appointments under paragraph (2) shall
consider recommendations submitted by any interested party,
including any member of the Board.
``(4) Interest.--
``(A) In general.--Members of Congress appointed to the
Board shall have an interest in 1 of the purposes described
in section 205(a).
``(B) Diversity.--Representatives of the Arts Education
Partnership appointed to the Advisory Board shall represent
the diversity of that organization's membership, so that
artistic and education professionals are represented in the
membership of the Board, including at least 1 representative
who teaches in each of the following disciplines:
``(i) Music.
``(ii) Theater.
``(iii) Visual Arts.
``(iv) Dance.
``(b) Terms.--
``(1) Board.--Members of the Board shall serve for terms of
6 years, except that of the members first appointed--
``(A) 1 Member of the House of Representatives and 1 Member
of the Senate shall serve for terms of 2 years;
``(B) 1 Member of the House of Representatives and 1 Member
of the Senate shall serve for terms of 4 years; and
``(C) 2 Members of the House of Representatives and 2
Members of the Senate shall serve for terms of 6 years,
as determined by lot when all such members have been
appointed.
``(2) Advisory board.--Members of the Advisory Board shall
serve for terms of 6 years, except that of the members first
appointed, 3 shall serve for terms of 2 years, 4 shall serve
for terms of 4 years, and 8 shall serve for terms of 6 years,
as determined by lot when all such members have been
appointed.
``(c) Vacancy.--
``(1) In general.--Any vacancy in the membership of the
Board or Advisory Board shall be filled in the same manner in
which the original appointment was made.
``(2) Term.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of such term.
``(3) Extension.--Any appointed member of the Board or
Advisory Board may continue to serve after the expiration of
the member's term until the member's successor has taken
office.
``(4) Special rule.--Vacancies in the membership of the
Board shall not affect the
[[Page S5809]]
Board's power to function if there remain sufficient members
of the Board to constitute a quorum under subsection (d).
``(d) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(e) Compensation.--Members of the Board and Advisory
Board shall serve without pay but may be compensated for
reasonable travel expenses incurred by the members in the
performance of their duties as members of the Board.
``(f) Meetings.--The Board shall meet annually at the call
of the Chairperson and at such other times as the Chairperson
may determine to be appropriate. The Chairperson shall call a
meeting of the Board whenever \1/3\ of the members of the
Board submit written requests for such a meeting.
``(g) Officers.--The Chairperson and the Vice Chairperson
of the Board shall be elected from among the members of the
Board, by a majority vote of the members of the Board, for
such terms as the Board determines. The Vice Chairperson
shall perform the duties of the Chairperson in the absence of
the Chairperson.
``(h) Committees.--
``(1) In general.--The Board may appoint such committees,
and assign to the committees such functions, as may be
appropriate to assist the Board in carrying out its duties
under this title. Members of such committees may include the
members of the Board, the Advisory Board, or such other
qualified individuals as the Board may select.
``(2) Special rule.--Any employee or officer of the Federal
Government may serve as a member of a committee created by
the Board, but may not receive compensation for services
performed for such a committee.
``(i) Bylaws and Other Requirements.--The Board shall
establish such bylaws and other requirements as may be
appropriate to enable the Board to carry out the Board's
duties under this title.
``SEC. 207. ADMINISTRATION.
``(a) In General.--In the administration of the
Congressional Recognition for Excellence in Arts Education
Awards Program, the Board shall be assisted by a Director,
who shall be the principal executive of the program and who
shall supervise the affairs of the Board. The Director shall
be nominated by the Arts Education Partnership steering
committee and appointed by a majority vote of the Board.
``(b) Director's Responsibilities.--The Director shall, in
consultation with the Board--
``(1) formulate programs to carry out the policies of the
Congressional Recognition for Excellence in Arts Education
Awards Program;
``(2) establish such divisions within the Congressional
Recognition for Excellence in Arts Education Awards Program
as may be appropriate; and
``(3) employ and provide for the compensation of such
personnel as may be necessary to carry out the Congressional
Recognition for Excellence in Arts Education Awards Program,
subject to such policies as the Board shall prescribe under
its bylaws.
``(c) Application.--Each school or student desiring an
award under this title shall submit an application to the
Board at such time, in such manner and accompanied by such
information as the Board may require.
``SEC. 208. LIMITATIONS.
``(a) In General.--Subject to such limitations as may be
provided for under this section, the Board may take such
actions and make such expenditures as may be necessary to
carry out the Congressional Recognition for Excellence in
Arts Education Awards Program, except that the Board shall
carry out its functions and make expenditures with only such
resources as are available to the Board from the
Congressional Recognition for Excellence in Arts Education
Awards Trust Fund pursuant to section 210(e).
``(b) Contracts.--The Board may enter into such contracts
as may be appropriate to carry out the business of the Board,
but the Board may not enter into any contract which will
obligate the Board to expend an amount greater than the
amount available to the Board for the purpose of such
contract during the fiscal year in which the expenditure is
made.
``(c) Gifts.--The Board may seek and accept, from sources
other than the Federal Government, funds and other resources
to carry out the Board's activities. The Board may not accept
any funds or other resources that are--
``(1) donated with a restriction on their use unless such
restriction merely provides that such funds or other
resources be used in furtherance of the Congressional
Recognition for Excellence in Arts Education Awards Program;
or
``(2) donated subject to the condition that the identity of
the donor of the funds or resources shall remain anonymous.
``(d) Volunteers.--The Board may accept and utilize the
services of voluntary, uncompensated personnel.
``(e) Real or Personal Property.--The Board may lease (or
otherwise hold), acquire, or dispose of real or personal
property necessary for, or relating to, the duties of the
Board.
``(f) Prohibitions.--The Board shall have no power--
``(1) to issue bonds, notes, debentures, or other similar
obligations creating long-term indebtedness;
``(2) to issue any share of stock or to declare or pay any
dividends; or
``(3) to provide for any part of the income or assets of
the Board to inure to the benefit of any director, officer,
or employee of the Board except as reasonable compensation
for services or reimbursement for expenses.
``SEC. 209. AUDITS.
``The financial records of the Board may be audited by the
Comptroller General of the United States at such times as the
Comptroller General may determine to be appropriate. The
Comptroller General, or any duly authorized representative of
the Comptroller General, shall have access for the purpose of
audit to any books, documents, papers, and records of the
Board (or any agent of the Board) which, in the opinion of
the Comptroller General, may be pertinent to the
Congressional Recognition for Excellence in Arts Education
Awards Program.
``SEC. 210. TERMINATION.
``The Board shall terminate 6 years after the date of
enactment of this title. The Board shall set forth, in its
bylaws, the procedures for dissolution to be followed by the
Board.
``SEC. 211. TRUST FUND.
``(a) Establishment of Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
`Congressional Recognition for Excellence in Arts Education
Awards Trust Fund'. The fund shall consist of amounts donated
to the Board under section 208(c) and amounts credited to the
fund under subsection (d).
``(b) Investment of Fund Assets.--
``(1) In general.--It shall be the duty of the Secretary of
the Treasury to invest in full the amounts in the fund. Such
investments may be made only in interest-bearing obligations
of the United States or in obligations guaranteed as to both
principal and interest by the United States. For such
purpose, such obligations may be acquired on original issue
at the issue price or by purchase of outstanding obligations
at the marketplace.
``(2) Special rule.--The purposes for which obligations of
the United States may be issued under the Second Liberty Bond
Act are hereby extended to authorize the issuance at par of
special obligations exclusively to the fund. Such special
obligations shall bear interest at a rate equal to the
average rate of interest, computed as to the end of the
calendar month next preceding the date of such issue, borne
by all marketable interest-bearing obligations of the United
States then forming a part of the public debt, except that
when such average rate is not a multiple of \1/8\ of 1
percent, the rate of interest of such special obligations
shall be the multiple of \1/8\ of 1 percent next lower than
such average rate. Such special obligations shall be issued
only if the Secretary determines that the purchase of other
interest-bearing obligations of the United States, or of
obligations guaranteed as to both principal and interest by
the United States on original issue or at the market price,
is not in the public interest.
``(c) Authority To Sell Obligations.--Any obligation
acquired by the fund (except special obligations issued
exclusively to the fund) may be sold by the Secretary of the
Treasury at the market price, and such special obligations
may be redeemed at par plus accrued interest.
``(d) Proceeds From Certain Transactions Credited to
Fund.--The interest on, and the proceeds from the sale or
redemption of, any obligations held in the fund shall be
credited to and form a part of the fund.
``(e) Expenditures From Trust Fund.--The Secretary of the
Treasury is authorized to pay to the Board from the interest
and earnings of the fund such sums as the Board determines
are necessary and appropriate to enable the Board to carry
out this title.''
(b) Conforming Amendments.--The Congressional Award Act (2
U.S.C. 801-808) is amended--
(1) by inserting after section 1 the following:
``TITLE I--CONGRESSIONAL AWARD PROGRAM'',
(2) by redesignating sections 2 through 9 as sections 101
through 108, respectively,
(3) in section 101 (as so redesignated)--
(A) by striking ``Act'' and inserting ``title'', and
(B) by striking ``section 3'' and inserting ``section
102'',
(4) in section 102(e) (as so redesignated)--
(A) by striking ``section 5(g)(1)'' and inserting ``section
104(g)(1)'', and
(B) by striking ``section 7(g)(1)'' and inserting ``section
106(g)(1)'', and
(5) in section 103(i), by striking ``section 7'' and
inserting ``section 106''.
______
By Mr. FITZGERALD:
S. 2790. A bill instituting a Federal fuels tax holiday; to the
Committee on Finance.
the federal fuel tax relief act of 2000
Mr. FITZGERALD. Mr. President, I was in the city of Chicago to
announce the introduction of a bill today called the Federal Fuel Tax
Relief Act of 2000. I was standing in Chicago on La Salle Street, in
what is known as the Loop, the premier business district in downtown
Chicago. I was at a gas station there. Behind me you could see the
prices at the pump that that particular gas station in Chicago was
advertising. Those gas prices were well over $2 a gallon. In fact, I
think the price for the
[[Page S5810]]
premium blend of fuel was up over $2.30 a gallon.
Right now, we are in the midst of a very serious crisis in my part of
the country with respect to gas prices. Prices throughout Illinois are
at record highs. They are at record highs in Michigan, in Ohio, in
other parts of the Midwest.
I am afraid if we do not bring down the cost of gas at the pumps, we
are going to be seeing shock waves throughout our entire Nation's
economy. The bill I am introducing today is S. 2790. What it would do
is bring immediate relief by lowering the cost of gas nationwide for 90
days by temporarily rolling back the 18.3-cent-per-gallon Federal gas
tax.
In the last couple of weeks, anybody who has been following the news
anywhere in this country has seen nothing but nonstop coverage about
the escalating price, the rising price of gasoline. The response at the
State level and at the Federal level, amongst public officials, has
been to find somebody to blame. Is it the OPEC nations? Is it the oil
industry? Is it the administration? But no one is taking any action to
actually bring down prices. We can argue about culpability later. What
we need to do now is to lower prices at the pump or we are going to see
losses of jobs and losses of economic productivity.
We will see senior citizens who cannot even afford to drive to the
pharmacy to buy the pharmaceuticals, for which they already are having
a hard time paying. We are going to see college students who cannot
afford to make the commute to their community colleges. We need to have
a long-term plan to increase productivity of oil in this country to
lessen our dependence on foreign sources of oil. There are a number of
measures that have been introduced in recent weeks in the Congress. The
administration last week sent over recommendations on what our long-
term solution should be for this energy crunch.
But in the meantime, there are countless families all across the
country that may have to cancel summer vacations, families that have
worked hard all year, but now all of a sudden, when it comes time for
them to have a couple of weeks off to take their families on a
vacation, they can't afford the cost of the vacation because the price
of gasoline has gone up so much.
There will be many who will criticize my proposal. There will be many
who come up with arguments against it. Certainly many will bring up the
point that the proceeds from the motor fuels tax goes into our Federal
highway trust fund. This legislation would hold harmless the highway
trust fund. It would require the Federal Government to make up any loss
to the highway trust fund by taking money from the on-budget or non-
Social Security surplus and indemnify that road fund. We all want to
make sure we continue to improve and repair our roads in this country.
But the fact remains, the only instrument that the Federal and State
governments have to directly affect the price of gasoline at the pump
is to lower the motor fuels tax. My State, I hope, is going to do its
part. A couple of weeks back, I pointed out that Illinois has amongst
the highest gas taxes in the country. In fact, in addition to a motor
fuel tax that is 19 cents a gallon, the State of Illinois has a sales
tax on motor fuel that is assessed on top of the Federal motor fuels
tax. In other words, Illinois has what we would call a tax on a tax.
That sales tax on gasoline in Illinois is a percentage tax, so, as the
selling price of gasoline has gone from $1 to over $2 in Illinois, the
State's take on its sales tax has been increasing dramatically. It has
doubled its take under that sales tax.
The Governor of Illinois and legislative leaders recently called a
special session of our Illinois General Assembly, which will be
convening in 2 days, to temporarily roll back or repeal that Illinois
sales tax on gasoline. If they enact that legislation, that should take
10 cents off the price of every gallon of gas sold in Illinois. But the
prices will still be too high. We need further relief. My State is not
the only State that is suffering. States across the country, and
particularly in the hard-hit Midwest, need relief.
Like you, Mr. President, and my other colleagues in the Senate, all
of us are in virtually constant contact with our constituents. We have
an endless stream of letters, of faxes, of e-mails, of calls to our
offices on a daily basis. We travel up and down our States. We march in
parades. We are constantly talking to the constituents, whether it is
in the grocery store, as I was doing over the weekend, or in parades
that I was in recently. The No. 1 single issue that I have been hearing
about is we have to do something to bring down prices at the pump.
Let me share a few of the letters my office has received on this
issue. I am going to try to just go through a few of them because we
have gotten literally thousands. I think, to some of the people in
Washington, the pain people are feeling out in the Midwest and around
the country about the rising cost of gas sounds like some kind of
theoretical abstraction. But I have to tell you, for real people who
are trying to drive to work, who may have a long way to drive to work
or get to school, or senior citizens on fixed incomes, or folks in
lower income brackets--they are having a very tough time. I have had
many people tell me they have canceled weekend vacations and they are
planning to cancel summer vacations.
Let me read parts of a few of these letters. This one is from a
resident of Springfield, IL, who is a part-time driver for a senior
services van service that runs vans for senior citizens to and from a
senior citizens center. He says that the escalating gas prices are
really hurting the transportation budget at the center. If we have to
shut down the van service, it would be a tremendous loss for the
seniors.
This one from a senior citizen in southern Illinois says that now we
cannot afford to drive to the pharmacy to purchase the drugs that we
already cannot afford.
A person from Rantoul, IL, says that gas prices in Illinois are too
high. It costs me more than $87 a week to drive to and from work now
that the prices have skyrocketed. I cannot afford this for much longer.
A small business owner in the Chicago suburbs--small businesses are
suffering. He says: I have had small business men and women in my
office saying they have lost money for several months in a row and
could have to shut down if this keeps up. The current fuel prices are
killing my small business.
I am a small business owner who employs 20 people from McHenry County
and 10 people from Lake County. This increase in fuel is killing my
profit line. If this does not stop, I do not know how much longer we
can survive.
This is an interesting letter from a community college administrator
in central Illinois. This person pointed out that, unlike many
colleges, his school is a commuter college and students drive anywhere
from 20 to 60 miles. That is 40 to 120 miles round trip to attend
college. Most of the students are trying to better themselves by
working part time and going to school. Now with gasoline prices
soaring, they are being forced to drop out.
This individual from Danville, IL, after a lengthy letter explaining
how, for his job, he had to drive, at the end he said if the prices
raise much higher, he will have to dip into his son's and daughter's
education fund just so he can keep driving back and forth to work.
I have another letter from a community college student. He is from
Sherman, IL. He describes in his letter how he turned down State full-
time universities because of the cost and because he wanted to attend
his community college. It would be more affordable.
Now that he has started at his community college and is having to dig
deep into his pocket just to pay for the price of gas to get to and
from college, he is getting squeezed. He has a 30-mile distance to go
just to get to his school. He said: Just to let you know, I am not a
freeloader. I am currently holding down three jobs and working through
the summer. I do not expect you to work a miracle, but maybe submit
some form of legislation that would reduce the price or give a break to
students furthering their education.
A husband from western Illinois has to commute 100 miles a day to
work. That is how it is in rural parts of the country, as the Presiding
Officer knows in his largely rural State. The wife has to drive 55
miles to work, and then the kids have to go 15 miles for their various
athletic events and the like.
He says: We are probably more fortunate than most people, but if this
[[Page S5811]]
keeps up, it will be hard to commute into work every day, and there is
no public transportation or opportunity to car pool in our downstate
Illinois region. We barely have highways.
Finally, another letter from a retired senior citizen on fixed income
said: It is extremely hard to get along with gasoline prices so high. I
have curtailed driving to a bare minimum, only to the doctor, shopping,
church, and as a volunteer to a community radio station where I
broadcast a show every Saturday.
I think we need to take action. It is time for Washington and
Congress to stop playing the blame game. We can argue about who is
culpable later. I support the Federal Trade Commission investigation.
We need to find out if anybody has been colluding in the oil industry
or anywhere else to fix prices, and if they have been, they ought to go
to jail for a very long time.
That investigation is going to take a while. It is going to take a
while to put pressure on OPEC nations to loosen the taps and to
increase production. It is going to take a while until we get
incentives in the system for the small oil well drillers in the United
States to boost their production.
Once that is boosted, we could be getting as many as 500,000 more
barrels of oil a day. We probably have to take a look at what kind of
tax laws we have to give people incentives to keep drilling even when
the price of oil is low, but we need to give people relief now.
It is a compassionate move. It makes sense. Our country, the most
prosperous country in the world, can afford to give some relief to
taxpayers and consumers, and if we do not give that relief, we will
probably pay for it later because there is going to be a slowdown in
economic activity. It may start in the Midwest, but it is eventually
going to send shock waves all across the country, and this country
could go into a long slump because of it.
I hope to get many Senators and Members of this body as cosponsors of
this legislation. We had a test vote earlier in the year, in April, on
temporarily lowering the Federal gas tax. At that time, the measure
received only 43 votes. It needed over 50 to pass. That was 2 months
ago, and in the intervening time, oil prices have continued to
skyrocket. The price which was only theoretical 2 months ago is now
real. It is upon us. We need to take action.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2790
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Fuel Tax Relief Act
of 2000''.
SEC. 2. TEMPORARY REDUCTION IN FUEL TAXES ON GASOLINE, DIESEL
FUEL, KEROSENE, AND SPECIAL FUELS TO ZERO.
(a) In General.--Section 4081 of the Internal Revenue Code
of 1986 (relating to imposition of tax on gasoline, diesel
fuel, and kerosene) is amended by adding at the end the
following new subsection:
``(f) Temporary Reduction in Taxes on Gasoline, Diesel
Fuel, Kerosene, and Special Fuels.--
``(1) In general.--During the applicable period, each rate
of tax referred to in paragraph (2) shall be reduced to zero.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) clauses (i) and (iii) of subsection (a)(2)(A)
(relating to gasoline, diesel fuel, and kerosene), and
``(B) paragraphs (1), (2), and (3) of section 4041(a)
(relating to diesel fuel and special fuels) and section
4041(m) (relating to certain alcohol fuels) with respect to
fuel sold for use or used in a highway vehicle.
``(3) Special Reduction Rules.--In the case of a reduction
under paragraph (1)--
``(A) subsection (c) shall be applied without regard to
paragraph (6) thereof,
``(B) section 40(e)(1) shall be applied without regard to
subparagraph (B) thereof,
``(C) section 4041(d)(1) shall be applied by disregarding
`if tax is imposed by subsection (a)(1) or (2) on such sale
or use', and
``(D) section 6427(b) shall be applied without regard to
paragraph (2) thereof.
``(4) Protecting Social Security Trust Fund.--If the
Secretary, after consultation with the Director of the Office
of Management and Budget, determines that such reduction
would result in an aggregate reduction in revenues to the
Treasury exceeding the Federal on-budget surplus during the
remainder of the applicable period, the Secretary shall
modify such reduction such that each rate of tax referred to
in paragraph (2) is reduced in a pro rata manner and such
aggregate reduction does not exceed such surplus.
``(5) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Highway Trust Fund
under section 9503 an amount equal to the reduction in
revenues to the Treasury by reason of this subsection shall
be treated as taxes received in the Treasury under this
section.
``(6) Applicable period.--For purposes of this subsection,
the term `applicable period' means a 90-day period beginning
on the date of the enactment of the Federal Fuel Tax Relief
Act of 2000.''
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 3. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax reduction date, tax has been imposed
under section 4081 of the Internal Revenue Code of 1986 on
any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the
person who paid such tax (hereafter in this section referred
to as the ``taxpayer'') an amount equal to the excess of the
tax paid by the taxpayer over the amount of such tax which
would be imposed on such liquid had the taxable event
occurred on the tax reduction date.
(b) Time for Filing Claims.--No credit or refund shall be
allowed or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
reduction date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax reduction date--
(A) the dealer submits a request for refund or credit to
the taxpayer before the date which is 3 months after the tax
reduction date, and
(B) the taxpayer has repaid or agreed to repay the amount
so claimed to such dealer or has obtained the written consent
of such dealer to the allowance of the credit or the making
of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or
refund shall be allowed under this section with respect to
any liquid in retail stocks held at the place where intended
to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of
such Code; except that the term ``dealer'' includes a
producer, and
(2) the term ``tax reduction date'' means the date of the
enactment of this Act.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this section.
SEC. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any liquid on which
tax would have been imposed under section 4081 of the
Internal Revenue Code of 1986 during the applicable period
but for the amendments made by this Act, and which is held on
the floor stocks tax date by any person, there is hereby
imposed a floor stocks tax in an amount equal to the tax
which would be imposed on such liquid had the taxable event
occurred on the floor stocks tax date.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary of the Treasury
shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after
the floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such
person (whether or not delivery to the person has been made).
(2) Floor stocks tax date.--The term ``floor stocks tax
date'' means the date which is 90 days after the date of the
enactment of this Act.
(3) Applicable period.--The term ``applicable period''
means a 90-day period beginning on the date of the enactment
of this Act.
(d) Exception for Exempt Uses.--The tax imposed by
subsection (a) shall not apply to any liquid held by any
person exclusively for any use to the extent a credit or
refund of the tax imposed by section 4081 of such Code is
allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall
be imposed by subsection (a) on any liquid held in the tank
of a motor vehicle.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline (as defined in section 4083 of such Code)
held on the floor stocks tax date by any person if the
aggregate amount
[[Page S5812]]
of gasoline held by such person on such date does not exceed
4,000 gallons, and
(B) on diesel fuel or kerosene (as so defined) held on such
date by any person if the aggregate amount of diesel fuel or
kerosene held by such person on such date does not exceed
2,000 gallons.
The preceding sentence shall apply only if such person
submits to the Secretary (at the time and in the manner
required by the Secretary) such information as the Secretary
shall require for purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a controlled group
shall be treated as 1 person.
(ii) Controlled group.--The term ``controlled group'' has
the meaning given to such term by subsection (a) of section
1563 of such Code; except that for such purposes the phrase
``more than 50 percent'' shall be substituted for the phrase
``at least 80 percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--Under
regulations prescribed by the Secretary, principles similar
to the principles of subparagraph (A) shall apply to a group
of persons under common control where 1 or more of such
persons is not a corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by
section 4081 of such Code shall, insofar as applicable and
not inconsistent with the provisions of this subsection,
apply with respect to the floor stock taxes imposed by
subsection (a) to the same extent as if such taxes were
imposed by such section 4081.
SEC. 5. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO
CONSUMERS.
(a) Passthrough to Consumers.--
(1) Sense of congress.--It is the sense of Congress that--
(A) consumers immediately receive the benefit of the
reduction in taxes under this Act, and
(B) transportation motor fuels producers and other dealers
take such actions as necessary to reduce transportation motor
fuels prices to reflect such reduction, including immediate
credits to customer accounts representing tax refunds allowed
as credits against excise tax deposit payments under the
floor stocks refund provisions of this Act.
(2) Study.--
(A) In general.--The Comptroller General of the United
States shall conduct a study of the reduction of taxes under
this Act to determine whether there has been a passthrough of
such reduction.
(B) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United
States shall report to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of
Representatives the results of the study conducted under
subparagraph (A).
______
By Mrs. HUTCHISON:
S. 2791. A bill instituting a Federal fuels tax suspension; to the
Committee on Finance.
the federal fuels tax suspension act of 2000
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2791
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Fuels Tax Suspension
Act of 2000''.
SEC. 2. TEMPORARY REDUCTION IN FUEL TAXES ON GASOLINE, DIESEL
FUEL, KEROSENE, AND SPECIAL FUELS TO ZERO.
(a) In General.--Section 4081 of the Internal Revenue Code
of 1986 (relating to imposition of tax on gasoline, diesel
fuel, and kerosene) is amended by adding at the end the
following new subsection:
``(f) Temporary Reduction in Taxes on Gasoline, Diesel
Fuel, Kerosene, and Special Fuels.--
``(1) In general.--During the applicable period, each rate
of tax referred to in paragraph (2) shall be reduced to zero.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) clauses (i) and (iii) of subsection (a)(2)(A)
(relating to gasoline, diesel fuel, and kerosene), and
``(B) paragraphs (1), (2), and (3) of section 4041(a)
(relating to diesel fuel and special fuels) and section
4041(m) (relating to certain alcohol fuels) with respect to
fuel sold for use or used in a highway vehicle.
``(3) Special Reduction Rules.--In the case of a reduction
under paragraph (1)--
``(A) subsection (c) shall be applied without regard to
paragraph (6) thereof,
``(B) section 40(e)(1) shall be applied without regard to
subparagraph (B) thereof,
``(C) section 4041(d)(1) shall be applied by disregarding
`if tax is imposed by subsection (a)(1) or (2) on such sale
or use', and
``(D) section 6427(b) shall be applied without regard to
paragraph (2) thereof.
``(4) Protecting Social Security Trust Fund.--If the
Secretary, after consultation with the Director of the Office
of Management and Budget, determines that such reduction
would result in an aggregate reduction in revenues to the
Treasury exceeding the Federal on-budget surplus during the
remainder of the applicable period, the Secretary shall
modify such reduction such that each rate of tax referred to
in paragraph (2) is reduced in a pro rata manner and such
aggregate reduction does not exceed such surplus.
``(5) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Highway Trust Fund
under section 9503 an amount equal to the reduction in
revenues to the Treasury by reason of this subsection shall
be treated as taxes received in the Treasury under this
section.
``(6) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period beginning after
June 25, 2000, and ending before September 5, 2000.''
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 3. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax reduction date, tax has been imposed
under section 4081 of the Internal Revenue Code of 1986 on
any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the
person who paid such tax (hereafter in this section referred
to as the ``taxpayer'') an amount equal to the excess of the
tax paid by the taxpayer over the amount of such tax which
would be imposed on such liquid had the taxable event
occurred on the tax reduction date.
(b) Time for Filing Claims.--No credit or refund shall be
allowed or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
reduction date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax reduction date--
(A) the dealer submits a request for refund or credit to
the taxpayer before the date which is 3 months after the tax
reduction date, and
(B) the taxpayer has repaid or agreed to repay the amount
so claimed to such dealer or has obtained the written consent
of such dealer to the allowance of the credit or the making
of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or
refund shall be allowed under this section with respect to
any liquid in retail stocks held at the place where intended
to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of
such Code; except that the term ``dealer'' includes a
producer, and
(2) the term ``tax reduction date'' means June 26, 2000.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this section.
SEC. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any liquid on which
tax would have been imposed under section 4081 of the
Internal Revenue Code of 1986 during the applicable period
but for the amendments made by this Act, and which is held on
the floor stocks tax date by any person, there is hereby
imposed a floor stocks tax in an amount equal to the tax
which would be imposed on such liquid had the taxable event
occurred on the floor stocks tax date.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary of the Treasury
shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after
the floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such
person (whether or not delivery to the person has been made).
(2) Floor stocks tax date.--The term ``floor stocks tax
date'' means September 5, 2000.
(3) Applicable period.--The term ``applicable period''
means the period beginning after June 25, 2000, and ending
before September 5, 2000.
(d) Exception for Exempt Uses.--The tax imposed by
subsection (a) shall not apply to any liquid held by any
person exclusively for any use to the extent a credit or
refund of the tax imposed by section 4081 of such Code is
allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall
be imposed by subsection (a) on any liquid held in the tank
of a motor vehicle.
[[Page S5813]]
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline (as defined in section 4083 of such Code)
held on the floor stocks tax date by any person if the
aggregate amount of gasoline held by such person on such date
does not exceed 4,000 gallons, and
(B) on diesel fuel or kerosene (as so defined) held on such
date by any person if the aggregate amount of diesel fuel or
kerosene held by such person on such date does not exceed
2,000 gallons.
The preceding sentence shall apply only if such person
submits to the Secretary (at the time and in the manner
required by the Secretary) such information as the Secretary
shall require for purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a controlled group
shall be treated as 1 person.
(ii) Controlled group.--The term ``controlled group'' has
the meaning given to such term by subsection (a) of section
1563 of such Code; except that for such purposes the phrase
``more than 50 percent'' shall be substituted for the phrase
``at least 80 percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--Under
regulations prescribed by the Secretary, principles similar
to the principles of subparagraph (A) shall apply to a group
of persons under common control where 1 or more of such
persons is not a corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by
section 4081 of such Code shall, insofar as applicable and
not inconsistent with the provisions of this subsection,
apply with respect to the floor stock taxes imposed by
subsection (a) to the same extent as if such taxes were
imposed by such section 4081.
SEC. 5. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO
CONSUMERS.
(a) Passthrough to Consumers.--
(1) Sense of congress.--It is the sense of Congress that--
(A) consumers immediately receive the benefit of the
reduction in taxes under this Act, and
(B) transportation motor fuels producers and other dealers
take such actions as necessary to reduce transportation motor
fuels prices to reflect such reduction, including immediate
credits to customer accounts representing tax refunds allowed
as credits against excise tax deposit payments under the
floor stocks refund provisions of this Act.
(2) Study.--
(A) In general.--The Comptroller General of the United
States shall conduct a study of the reduction of taxes under
this Act to determine whether there has been a passthrough of
such reduction.
(B) Report.--Not later than September 30, 2000, the
Comptroller General of the United States shall report to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives the results of the
study conducted under subparagraph (A).
____________________