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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1069 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1069

  To provide economic security and safety for battered women, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 18 (legislative day, May 14), 1999

 Mr. Wellstone (for himself, Mrs. Murray, and Mr. Schumer) introduced 
the following bill; which was read twice and referred to the Committee 
                               on Finance

_______________________________________________________________________

                                 A BILL

 
  To provide economic security and safety for battered women, and for 
                            other purposes.

    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 ``Battered Women's 
Economic Security and Safety Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                 TITLE I--DOMESTIC VIOLENCE PREVENTION

Subtitle A--Housing for Victims of Domestic Violence and Sexual Assault

Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Definitions.
Sec. 1004. Housing assistance for victims of domestic violence, 
                            stalking, or sexual assault.
Sec. 1005. Authorization of appropriations.
        Subtitle B--Full Faith and Credit for Protection Orders

Sec. 1011. Full faith and credit for protection orders.
Sec. 1012. Grant program.
           Subtitle C--Victims of Abuse Insurance Protection

Sec. 1021. Short title.
Sec. 1022. Definitions.
Sec. 1023. Discriminatory acts prohibited.
Sec. 1024. Insurance protocols for subjects of abuse.
Sec. 1025. Reasons for adverse actions.
Sec. 1026. Life insurance.
Sec. 1027. Subrogation without consent prohibited.
Sec. 1028. Enforcement.
Sec. 1029. Effective date.
               Subtitle D--Access to Safety and Advocacy

Sec. 1031. Short title.
Sec. 1032. Purpose.
Sec. 1033. Definitions.
Sec. 1034. Grant program.
Sec. 1035. Provision of technical assistance and training.
Sec. 1036. Evaluation.
Sec. 1037. Funding.
           Subtitle E--Battered Women's Shelters and Services

Sec. 1041. Short title.
Sec. 1042. Family violence prevention and services improvements.
Sec. 1043. Model leadership grants; direct emergency assistance; 
                            technical assistance and training.
Sec. 1044. Authorization of appropriations for family violence 
                            prevention and services.
  Subtitle F--Battered Immigrant Women's Economic Security and Safety

Sec. 1051. Purposes.
Sec. 1052. Waiver of certain removal grounds.
Sec. 1053. Self-petitioning children of United States citizens.
Sec. 1054. Self-petitioning children of lawful permanent residents.
Sec. 1055. Treatment of petitions including derivative children turning 
                            21 years of age.
Sec. 1056. Protection of battered children and children of battered 
                            immigrants for cancellation of removal or 
                            suspension of deportation.
Sec. 1057. Nonapplicability of special rules relating to the treatment 
                            of non-213a aliens.
Sec. 1058. Discretionary first time offender waivers for aliens making 
                            child support payments.
Sec. 1059. Misrepresentation waivers for battered spouses of United 
                            States citizens and lawful permanent 
                            residents.
Sec. 1060. Public charge.
Sec. 1061. Access to naturalization for divorced victims of abuse.
Sec. 1062. Filing fees.
Sec. 1063. Access to food stamps and SSI for qualified battered aliens.
Sec. 1064. Exemption from 5-year bar.
Sec. 1065. Access to housing for battered immigrants.
Sec. 1066. Clarifying welfare reporting requirements for benefit 
                            applicants.
Sec. 1067. Conforming definition of ``family'' used in laws granting 
                            welfare access for battered immigrants to 
                            State family law.
Sec. 1068. Ensuring that battered immigrants have access to food stamps 
                            and SSI.
Sec. 1069. Technical correction to qualified alien definition for 
                            battered immigrants.
Sec. 1070. Access to Legal Services Corporation funds.
           TITLE II--VIOLENCE AGAINST WOMEN AND THE WORKPLACE

Sec. 2001. Findings.
  Subtitle A--National Clearinghouse on Domestic Violence and Sexual 
                     Assault in the Workplace Grant

Sec. 2011. National clearinghouse on domestic violence and sexual 
                            assault in the workplace grant.
                 Subtitle B--Victims' Employment Rights

Sec. 2021. Short title.
Sec. 2022. Purposes.
Sec. 2023. Definitions.
Sec. 2024. Prohibited discriminatory acts.
Sec. 2025. Enforcement.
Sec. 2026. Attorney's fees.
   Subtitle C--Workplace Violence Against Women Prevention Tax Credit

Sec. 2031. Short title.
Sec. 2032. Credit for costs to employers of implementing workplace 
                            safety programs to combat violence against 
                            women.
          Subtitle D--Employment Protection for Battered Women

Sec. 2041. Short title and reference.
Sec. 2042. Purposes.
Sec. 2043. Unemployment compensation.
Sec. 2044. Entitlement to leave for addressing domestic violence for 
                            non-Federal employees.
Sec. 2045. Entitlement to leave for addressing domestic violence for 
                            Federal employees.
Sec. 2046. Existing leave usable for domestic violence.
Sec. 2047. Effect on other laws and employment benefits.
Sec. 2048. Effective date.
 TITLE III--PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE UNDER SOCIAL 
                         SECURITY ACT PROGRAMS

Sec. 3001. Waivers for victims of domestic violence under the TANF 
                            program.
Sec. 3002. Disclosure protections under the Child Support Program.
Sec. 3003. Bonus to build real opportunities for poor families.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 4001. Grants to combat violence against women.

SEC. 2. DEFINITIONS.

    In this Act, except as otherwise expressly provided:
            (1) Domestic violence.--The term ``domestic violence'' has 
        the meaning given that term in section 2105 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
        4), as amended by this Act.
            (2) Sexual assault.--The term ``sexual assault''--
                    (A) means any conduct proscribed by chapter 109A of 
                title 18, United States Code, whether or not the 
                conduct occurs in the special maritime and territorial 
                jurisdiction of the United States or in a Federal 
                prison; and
                    (B) includes both--
                            (i) assaults committed by offenders who are 
                        strangers to the victim; and
                            (ii) assaults committed by offenders who 
                        are known to the victim or related by blood or 
                        marriage to the victim.
            (3) Stalking.--The term ``stalking'' means engaging in a 
        course of conduct directed at a specific person that would 
        cause a reasonable person under the circumstances to have a 
        fear of death, or bodily injury or sexual assault to the person 
        or a member of the immediate family of the person, if--
                    (A) the individual engaging in such conduct has 
                knowledge or should have knowledge that the conduct 
                will cause the specific person to have that fear; and
                    (B) the conduct causes the specific person to have 
                that fear.

                 TITLE I--DOMESTIC VIOLENCE PREVENTION

Subtitle A--Housing for Victims of Domestic Violence and Sexual Assault

SEC. 1001. SHORT TITLE.

    This subtitle may be cited as the ``Domestic Violence and Sexual 
Assault Victims' Housing Act''.

SEC. 1002. FINDINGS.

    Congress makes the following findings:
            (1) Access to housing can prevent domestic violence and 
        mitigate its effects. The connection between domestic violence 
        and housing is overwhelming. Of all homeless women and 
        children, 50 percent are fleeing domestic violence.
            (2) Among cities surveyed, 44 percent identified domestic 
        violence as a primary cause of homelessness.
            (3) Women's poverty levels aggravate the problems of 
        homelessness and domestic violence. Two out of 3 poor adults 
        are women. Female-headed households are 6 times poorer than 
        male-headed households. In 1996, of the 7,700,000 poor families 
        in the country, 4,100,000 of them were single female-headed 
        households. In addition, 5,100,000 poor women who are not in 
        families are poor.
            (4) Almost 50 percent of the women who receive assistance 
        under the State program funded under part A of title IV of the 
        Social Security Act (42 U.S.C. 601 et seq.) cite domestic 
        violence as a factor in the need for assistance.
            (5) Many women who flee violence are forced to return to 
        their abusers because of inadequate shelter or lack of money. 
        Even if they leave their abusers to go to a shelter, they often 
        return home because the isolation from familiar surroundings, 
        friends, and neighborhood resources makes them feel even more 
        vulnerable. Shelters and transitional housing facilities are 
        often located far from a domestic violence victim's 
        neighborhood. While this placement may be deliberate to protect 
        domestic violence victims from their abusers, it can also be 
        intimidating and alienating for a woman to leave her home, 
        community, cultural support system, and all that she knows for 
        shelter way across town. Thus, women of color and immigrant 
        women are less likely to become shelter residents.
            (6) Women who do leave their abusers lack emergency shelter 
        options. The overall number of emergency shelter beds for 
        homeless people is estimated to have decreased by an average of 
        3 percent in 1997 while requests for shelter increased on the 
        average by 3 percent. Emergency shelters struggle to meet the 
        increased need for services with about 32 percent of the 
        requests for shelter by homeless families going unmet. In fact 
        88 percent of cities reported having to turn away homeless 
        families from emergency shelters due to inadequate resources 
        for services.
            (7) Battered women and their children comprise an 
        increasing proportion of the emergency shelter population. Many 
        emergency shelters have strict time limits that require women 
        to find alternative housing immediately forcing them to 
        separate from their children.
            (8) A stable, sustainable home base is crucial for women 
        who have left situations of domestic violence and are learning 
        new job skills, participating in educational programs, working 
        full-time jobs, or searching for adequate child care in order 
        to gain self-sufficiency. Transitional housing resources and 
        services provide a continuum between emergency shelter 
        provision and independent living.

SEC. 1003. DEFINITIONS.

    In this subtitle:
            (1) Domestic violence.--The term ``domestic violence'' 
        includes acts or threats of violence, or acts of extreme 
        cruelty (as such term is referred to in section 216 of the 
        Immigration and Nationality Act (8 U.S.C. 1186a)), not 
        including acts of self-defense, committed by--
                    (A) a current or former spouse of the victim;
                    (B) a person with whom the victim shares a child in 
                common;
                    (C) a person who is cohabiting with or has 
                cohabited with the victim;
                    (D) a person who is or has been in a continuing 
                social relationship of a romantic or intimate nature 
                with the victim;
                    (E) a person similarly situated to a spouse of the 
                victim under the domestic or family violence laws of 
                the jurisdiction; or
                    (F) any other person against a victim whom is 
                protected from that person's acts under the domestic or 
                family violence laws of the jurisdiction.
            (2) Family victimized by domestic violence, stalking, or 
        sexual assault.--
                    (A) In general.--The term ``family victimized by 
                domestic violence, stalking, or sexual assault''--
                            (i) means a family or household that 
                        includes an individual who has been determined 
                        under subparagraph (B) to have been a victim of 
                        domestic violence, stalking, or sexual assault, 
                        except that, if the individual determined under 
                        subparagraph (B) to be a victim has not 
                        attained the age of 18 years, the family or 
                        household must also include a parent, 
                        stepparent, legal guardian, or other 
                        responsible caretaker for the minor; and
                            (ii) does not include any individual who 
                        committed the domestic violence, stalking, or 
                        sexual assault.
                    (B) Determination that family or individual was a 
                victim of domestic violence, stalking, or sexual 
                assault.--For purposes of subparagraph (A), a 
                determination by under this subparagraph is a 
                determination by an agency or official of a State, 
                Indian tribe, tribal organization, or unit of general 
                local government that domestic violence, stalking, or 
                sexual assault has been committed, which determination 
                is based on--
                            (i) information provided by a medical, 
                        legal, counseling, or other clinic, shelter, 
                        sexual assault program or other program or 
                        entity licensed, recognized, or authorized by 
                        the State, Indian tribe, tribal organization, 
                        or unit of general local government to provide 
                        services to victims of domestic violence, 
                        stalking, or sexual assault;
                            (ii) information provided by any agency of 
                        the State, Indian tribe, tribal organization, 
                        unit of general local government, or qualified, 
                        nonprofit, nongovernmental organization that 
                        provides or administers the provision of 
                        social, medical, legal, or health services;
                            (iii) information provided by any clergy;
                            (iv) information provided by any hospital, 
                        clinic, medical facility, or doctor licensed or 
                        authorized by the State, Indian tribe, tribal 
                        organization, or unit of general local 
                        government to provide medical services;
                            (v) a petition, application, or complaint 
                        filed in any State, Federal, or tribal court or 
                        administrative agency, documents or records of 
                        action or decision of any court, law 
                        enforcement agency, or administrative agency, 
                        including any record of any protective order, 
                        injunction, or temporary or final order issued 
                        by civil or criminal courts, any self-petition 
                        or any police report; or
                            (vi) any other reliable evidence that 
                        domestic violence, stalking, or sexual assault 
                        has occurred.
                    (C) Sufficiency of victim statement.--In making a 
                determination under subparagraph (B), the sworn 
                statement of a victim that domestic violence, stalking, 
                or sexual assault has occurred shall be sufficient 
                unless the agency or official has an independent, 
                reasonable basis to find the individual not credible.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 2002(3) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(3)).
            (4) Qualified, nonprofit, nongovernmental organization.--
        The term ``qualified, nonprofit, nongovernmental organization'' 
        means a private organization that--
                    (A) is organized, or has as 1 of its primary 
                purposes, to provide emergency shelter, transitional 
                housing, or permanent housing for victims of domestic 
                violence, stalking, or sexual assault or is a medical, 
                legal, counseling, social, psychological, health, job 
                training, educational, life skills development, or 
                other clinical services program for victims of domestic 
                violence, stalking, or sexual assault that undertakes a 
                collaborative project with a qualified, nonprofit, 
                nongovernmental organization that primarily provides 
                emergency shelter, transitional housing, or permanent 
                housing for low-income people;
                    (B) is organized under State, tribal, or local 
                laws;
                    (C) has no part of its net earnings inuring to the 
                benefit of any member, shareholder, founder, 
                contributor, or individual;
                    (D) is approved by the Secretary as to financial 
                responsibility; and
                    (E) demonstrates experience in providing services 
                to victims of domestic violence, stalking, or sexual 
                assault.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (6) Sexual assault.--The term ``sexual assault''--
                    (A) means any conduct proscribed by chapter 109A of 
                title 18, United States Code, whether or not the 
                conduct occurs in the special maritime and territorial 
                jurisdiction of the United States, on an Indian 
                reservation, or in a Federal prison; and
                    (B) includes--
                            (i) both assaults committed by offenders 
                        who are strangers to the victims and assaults 
                        committed by offenders who are known to the 
                        victims or related by blood or marriage to the 
                        victim; and
                            (ii) assaults against both adults and 
                        children.
            (7) Stalking.--The term ``stalking'' means engaging in a 
        course of conduct directed at a specific person that would 
        cause a reasonable person to fear death, sexual assault, or 
        bodily injury to himself or herself or a member of his or her 
        immediate family, when the person engaging in such conduct has 
        knowledge or should have knowledge that the specific person 
        will be placed in reasonable fear of death, sexual assault, or 
        bodily injury to himself or herself or a member of his or her 
        immediate family and when the conduct induces fear in the 
        specific person of death, sexual assault, or bodily injury to 
        himself or herself or a member of his or her immediate family.
            (8) State.--The term ``State'' means the States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        Guam, the Virgin Islands, American Samoa, and any other 
        territory or possession of the United States.
            (9) Transitional housing.--The term ``transitional 
        housing'' includes short-term housing and has the meaning given 
        the term in subchapter IV, part C of the Stewart B. McKinney 
        Homeless Assistance Act (42 U.S.C. 11384(b)).
            (10) Tribal organization.--The term ``tribal organization'' 
        means a private, nonprofit, nongovernmental, or tribally 
        chartered organization--
                    (A) whose primary purpose is to provide emergency 
                shelter, transitional housing, or permanent housing or 
                supportive services to individuals or families 
                victimized by domestic violence, stalking, or sexual 
                assault;
                    (B) that operates within the exterior boundaries of 
                an Indian reservation; and
                    (C) whose board of directors reflects the 
                population served.
            (11) Unit of general local government.--The term ``unit of 
        general local government'' has the meaning given that term in 
        section 102(a) of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5302(a)).

SEC. 1004. HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE, 
              STALKING, OR SEXUAL ASSAULT.

    (a) In General.--
            (1) Supportive housing.--The additional amounts authorized 
        under section 2005 to be made available under section 429 of 
        the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
        11389) shall be used by the Secretary only to assist qualified, 
        nonprofit, nongovernmental organizations in providing 
        supportive housing (as such term is referred to in subchapter 
        IV of part C of the Stewart B. McKinney Homeless Assistance Act 
        (42 U.S.C. 11384)), tenant-based rental assistance, financial 
        assistance for security deposit, first month's rent, or ongoing 
        rental assistance on behalf of individuals or families 
        victimized by domestic violence, stalking, or sexual assault 
        who have left or who are leaving a residence as a result of the 
        domestic violence, stalking, or sexual assault.
            (2) Requirements for recipients.--Each recipient of 
        assistance under this subtitle shall--
                    (A) supplement the assistance provided under this 
                subsection with a 25 percent match of funds for 
                supportive services (as such term is referred to in 
                subchapter IV of part C of the Stewart B. McKinney 
                Homeless Assistance Act (42 U.S.C. 11385)) from sources 
                other than this subsection; and
                    (B) certify to the Secretary its compliance with 
                this subsection, which certification shall include a 
                description of the sources and amounts of such 
                supplemental funds.
    (b) Determination.--For purposes of subsection (a), an individual 
or a family victimized by domestic violence, stalking, or sexual 
assault shall be considered to have left or to be leaving a residence 
as a result of domestic violence, stalking, or sexual assault if the 
qualified, nonprofit, nongovernmental organization providing support, 
including tenant-based rental assistance, financial assistance for 
security deposit, first month's rent, or ongoing rental assistance 
under subsection (a) determines that the individual or member of the 
family who was a victim of the domestic violence, stalking, or sexual 
assault reasonably believes that relocation from such residence will 
assist in avoiding future domestic violence, stalking, or sexual 
assault against such individual or another member of the family.
    (c) Allocation.--
            (1) National competition.--Subject to paragraphs (2) and 
        (3), the amount made available to carry out this subtitle in 
        each fiscal year shall be allocated by the Secretary on the 
        basis of a national competition among the qualified, nonprofit, 
        nongovernmental organizations that submit applications to the 
        Secretary that best demonstrate a need for such assistance, 
        including the extent of service provided to underserved 
        populations (as defined in section 2003(7) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7))) 
        and the ability to undertake and carry out a program under 
        subsection (a), as the Secretary shall determine.
            (2) Indian assistance.--Of the amount made available to 
        carry out this subtitle in each fiscal year, not less than 5 
        percent shall be used for grants to Indian tribes or Indian 
        tribal organizations that provide emergency shelter, 
        transitional housing, or permanent housing or supportive 
        services to individuals or families victimized by domestic 
        violence, stalking, or sexual assault. An Indian tribe or 
        Indian tribal organization that receives a grant with the 
        amount set-aside under this paragraph may apply for and receive 
        other any other grant under this subtitle.
            (3) Reallocation.--
                    (A) In general.--If, at the end of the 6th month of 
                any fiscal year for which amounts are made available to 
                carry out this subtitle, the amount appropriated has 
                not been made available to a qualified, nonprofit, 
                nongovernmental organization under subsection (a), the 
                Secretary shall allocate such amount to qualified, 
                nonprofit, nongovernmental organizations that are 
                eligible for funding under subchapter IV of part C of 
                the Stewart B. McKinney Homeless Assistance Act (42 
                U.S.C. 11381 et seq.).
                    (B) Availability.--Any amount reallocated under 
                subparagraph (A) shall remain available for expenditure 
                until the last day of the fiscal year following the 
                fiscal year during which the amount becomes available 
                for reallocation under this paragraph.

SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this subtitle, the authorization of appropriations 
under section 429(a) of the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11389(a)) shall be increased by $50,000,000 for fiscal year 
2000 and by such sums as may be necessary for each of fiscal years 2000 
through 2004.

        Subtitle B--Full Faith and Credit for Protection Orders

SEC. 1011. FULL FAITH AND CREDIT FOR PROTECTION ORDERS.

    (a) In General.--Subsection 2265 of title 18, United States Code, 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``Any protection'' and inserting 
                the following:
            ``(1) In general.--Any protection order''; and
                    (B) by adding at the end the following:
            ``(2) Enforcement by tribal courts.--
                    ``(A) In general.--For purposes of enforcement of a 
                protection order described in subsection (a), a tribal 
                court may exercise civil and criminal jurisdiction over 
                any person, without regard to whether that person is an 
                Indian or non-Indian, who violates a protection order 
                within the jurisdiction of the tribal court, if the 
                exercise of jurisdiction is authorized under title II 
                of the Civil Rights Act of 1968 (25 U.S.C. 1301 et 
                seq.).
                    ``(B) Habeas corpus review.--The exercise of 
                criminal jurisdiction under this paragraph is subject 
                to Federal court habeas corpus review under section 203 
                of the Civil Rights Act of 1968 (25 U.S.C. 1302) after 
                tribal court remedies are exhausted.
            ``(3) Presumption of validity.--For purposes of Federal, 
        State, and tribal law enforcement, a protection order issued by 
        a Federal, State, or tribal court shall be presumed to be 
        valid.'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                accordingly;
                    (B) by striking ``In the case of'' and inserting 
                the following:
            ``(2) Ex parte orders.--In the case of'';
                    (C) by striking ``A protection order'' and 
                inserting the following:
            ``(1) In general.--A protection order''; and
                    (D) by adding at the end the following:
            ``(3) Tribal court orders.--For purposes of paragraph (1), 
        a Federal, State, or tribal court may not refuse to enforce a 
        tribal court order on the grounds that the tribal court lacks 
        jurisdiction over the defendant because of the status of the 
        defendant as a non-Indian or an Indian who is not a member of 
        the Indian tribe.''; and
            (3) by adding at the end the following:
    ``(d) Rules of Construction.--Nothing in this section may be 
construed--
            ``(1) to require the prior filing or registration of a 
        protection order in the enforcing State or tribal government in 
        order to secure enforcement pursuant to subsection (a);
            ``(2) to permit an enforcing State or tribal government to 
        notify the party against whom the order has been made that a 
        protection order has been registered or filed in that State or 
        tribal government; or
            ``(3) to require notification of the party against whom the 
        order was made in order to secure enforcement by a law 
        enforcement officer pursuant to subsection (a).''.
    (b) Definitions.--Section 2266 of title 18, United States Code, is 
amended--
            (1) by designating the first 6 undesignated paragraphs as 
        paragraphs (1) through (6), respectively;
            (2) in each of paragraphs (1) through (4), as so 
        designated, by striking the period at the end and inserting a 
        semicolon;
            (3) in paragraph (3), as so designated--
                    (A) by inserting ``issued pursuant to State or 
                tribal divorce and child custody laws'' after ``custody 
                orders''; and
                    (B) by inserting before the period at the end the 
                following: ``, and includes any related child custody 
                or visitation order''; and
            (4) in paragraph (5), as so designated, by striking the 
        period at the end and inserting ``; and''.

SEC. 1012. GRANT PROGRAM.

    (a) In General.--The Attorney General may award grants to assist 
States, Indian tribal governments, and units of local government to 
develop and strengthen effective law enforcement and recordkeeping 
strategies to assist States, Indian tribal governments, and units of 
local government to enforce protective orders issued by other States, 
Indian tribal governments, or units of local government.
    (b) Uses of Funds.--
            (1) In general.--Grants awarded under this section shall be 
        used to provide training and enhanced technology compatible 
        with existing law enforcement systems including the National 
        Crime Information Center to enforce protection orders.
            (2) Uses of funds.--Amounts received under this section may 
        be used to train law enforcement, prosecutors, court personnel, 
victim service providers, and others responsible for the enforcement of 
protection orders, and to develop, install, or expand data collection 
and communication systems, including computerized systems, linking 
police, prosecutors, and courts for the purpose of identifying and 
tracking protection orders and violations of protection orders and 
training.
            (3) Grants to tribal governments.--Not less than 50 percent 
        of the amount made available under subsection (c) in each 
        fiscal year shall be used for grants to Indian tribal 
        governments.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $10,000,000 for each of fiscal 
years 2000 through 2004.

           Subtitle C--Victims of Abuse Insurance Protection

SEC. 1021. SHORT TITLE.

    This subtitle may be cited as the ``Victims of Abuse Insurance 
Protection Act''.

SEC. 1022. DEFINITIONS.

    In this subtitle:
            (1) Abuse.--The term ``abuse'' means the occurrence of 1 or 
        more of the following acts by a current or former household or 
        family member, intimate partner, or caretaker:
                    (A) Attempting to cause or causing another person 
                bodily injury, physical harm, substantial emotional 
                distress, psychological trauma, rape, sexual assault, 
                or involuntary sexual intercourse.
                    (B) Engaging in a course of conduct or repeatedly 
                committing acts toward another person, including 
                following the person without proper authority and under 
                circumstances that place the person in reasonable fear 
                of bodily injury or physical harm.
                    (C) Subjecting another person to false imprisonment 
                or kidnapping.
                    (D) Attempting to cause or causing damage to 
                property so as to intimidate or attempt to control the 
                behavior of another person.
            (2) Health carrier.--The term ``health carrier'' means a 
        person that contracts or offers to contract on a risk-assuming 
        basis to provide, deliver, arrange for, pay for or reimburse 
        any of the cost of health care services, including a sickness 
        and accident insurance company, a health maintenance 
        organization, a nonprofit hospital and health service 
        corporation or any other entity providing a plan of health 
        insurance, health benefits or health services.
            (3) Insured.--The term ``insured'' means a party named on a 
        policy, certificate, or health benefit plan, including an 
        individual, corporation, partnership, association, 
        unincorporated organization or any similar entity, as the 
        person with legal rights to the benefits provided by the 
        policy, certificate, or health benefit plan. For group 
        insurance, such term includes a person who is a beneficiary 
        covered by a group policy, certificate, or health benefit plan. 
        For life insurance, the term refers to the person whose life is 
        covered under an insurance policy.
            (4) Insurer.--The term ``insurer'' means any person, 
        reciprocal exchange, inter insurer, Lloyds insurer, fraternal 
        benefit society, or other legal entity engaged in the business 
        of insurance, including agents, brokers, adjusters, and third 
        party administrators. The term also includes health carriers, 
        health benefit plans, and life, disability, and property and 
        casualty insurers.
            (5) Policy.--The term ``policy'' means a contract of 
        insurance, certificate, indemnity, suretyship, or annuity 
        issued, proposed for issuance or intended for issuance by an 
        insurer, including endorsements or riders to an insurance 
        policy or contract.
            (6) Subject of abuse.--The term ``subject of abuse'' 
        means--
                    (A) a person against whom an act of abuse has been 
                directed;
                    (B) a person who has prior or current injuries, 
                illnesses, or disorders that resulted from abuse; or
                    (C) a person who seeks, may have sought, or had 
                reason to seek medical or psychological treatment for 
                abuse, protection, court-ordered protection, or shelter 
                from abuse.

SEC. 1023. DISCRIMINATORY ACTS PROHIBITED.

    (a) In General.--No insurer may, directly or indirectly, engage in 
any of the following acts or practices on the basis that the applicant 
or insured, or any person employed by the applicant or insured or with 
whom the applicant or insured is known to have a relationship or 
association, is, has been, or may be the subject of abuse or has 
incurred or may incur abuse-related claims:
            (1) Denying, refusing to issue, renew or reissue, or 
        canceling or otherwise terminating an insurance policy or 
        health benefit plan.
            (2) Restricting, excluding, or limiting insurance coverage 
        for losses or denying a claim, except as otherwise permitted or 
        required by State laws relating to life insurance 
        beneficiaries.
            (3) Adding a premium differential to any insurance policy 
        or health benefit plan.
    (b) Prohibition on Limitation on Claims.--No insurer may, directly 
or indirectly, deny or limit payment of a claim incurred by an innocent 
insured as a result of abuse.
    (c) Prohibition on Termination.--
            (1) In general.--No insurer or health carrier may terminate 
        health coverage for a subject of abuse because coverage was 
        originally issued in the name of the abuser and the abuser has 
        divorced, separated from, or lost custody of the subject of 
        abuse or the abuser's coverage has terminated voluntarily or 
        involuntarily and the subject of abuse does not qualify for an 
        extension of coverage under part 6 of subtitle B of title I of 
        the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1161 et seq.) or section 4980B of the Internal Revenue Code of 
        1986.
            (2) Payment of premiums.--Nothing in paragraph (1) shall be 
        construed to prohibit the insurer from requiring that the 
        subject of abuse pay the full premium for the subject's 
coverage under the health plan if the requirements are applied to all 
insured of the health carrier.
            (3) Exception.--An insurer may terminate group coverage to 
        which this subsection applies after the continuation coverage 
        period required by this subsection has been in force for 18 
        months if it offers conversion to an equivalent individual 
        plan.
            (4) Continuation coverage.--The continuation of health 
        coverage required by this subsection shall be satisfied by any 
        extension of coverage under part 6 of subtitle B of title I of 
        the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1161 et seq.) or section 4980B of the Internal Revenue Code of 
        1986 provided to a subject of abuse and is not intended to be 
        in addition to any extension of coverage otherwise provided for 
        under such part 6 or section 4980B.
    (d) Use of Information.--
            (1) Limitation.--
                    (A) In general.--In order to protect the safety and 
                privacy of subjects of abuse, no person employed by or 
                contracting with an insurer or health benefit plan 
                may--
                            (i) use, disclose, or transfer information 
                        relating to abuse status, acts of abuse, abuse-
                        related medical conditions or the applicant's 
                        or insured's status as a family member, 
                        employer, or associate, person in a 
                        relationship with a subject of abuse for any 
                        purpose unrelated to the direct provision of 
                        health care services unless such use, 
                        disclosure, or transfer is required by an order 
                        of an entity with authority to regulate 
                        insurance or an order of a court of competent 
                        jurisdiction; or
                            (ii) disclose or transfer information 
                        relating to an applicant's or insured's 
                        location or telephone number or the location 
                        and telephone number of a shelter for subjects 
                        of abuse, unless such disclosure or transfer--
                                    (I) is required in order to provide 
                                insurance coverage; and
                                    (II) does not have the potential to 
                                endanger the safety of a subject of 
                                abuse.
                    (B) Rule of construction.--Nothing in this 
                paragraph may be construed to limit or preclude a 
                subject of abuse from obtaining the subject's own 
                insurance records from an insurer.
            (2) Authority of subject of abuse.--A subject of abuse, at 
        the absolute discretion of the subject of abuse, may provide 
        evidence of abuse to an insurer for the limited purpose of 
        facilitating treatment of an abuse-related condition or 
        demonstrating that a condition is abuse-related. Nothing in 
        this paragraph shall be construed as authorizing an insurer or 
        health carrier to disregard such provided evidence.

SEC. 1024. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.

    Insurers shall develop and adhere to written policies specifying 
procedures to be followed by employees, contractors, producers, agents 
and brokers for the purpose of protecting the safety and privacy of a 
subject of abuse and otherwise implementing this subtitle when taking 
an application, investigating a claim, or taking any other action 
relating to a policy or claim involving a subject of abuse.

SEC. 1025. REASONS FOR ADVERSE ACTIONS.

    An insurer that takes an action that adversely affects a subject of 
abuse, shall advise the subject of abuse applicant or insured of the 
specific reasons for the action in writing. For purposes of this 
section, reference to general underwriting practices or guidelines 
shall not constitute a specific reason.

SEC. 1026. LIFE INSURANCE.

    Nothing in this subtitle shall be construed to prohibit a life 
insurer from declining to issue a life insurance policy if the 
applicant or prospective owner of the policy is or would be designated 
as a beneficiary of the policy, and if--
            (1) the applicant or prospective owner of the policy lacks 
        an insurable interest in the insured; or
            (2) the applicant or prospective owner of the policy is 
        known, on the basis of police or court records, to have 
        committed an act of abuse against the proposed insured.

SEC. 1027. SUBROGATION WITHOUT CONSENT PROHIBITED.

    Subrogation of claims resulting from abuse is prohibited without 
the informed consent of the subject of abuse.

SEC. 1028. ENFORCEMENT.

    (a) Federal Trade Commission.--
            (1) In general.--The Federal Trade Commission shall have 
        the power to examine and investigate any insurer to determine 
        whether such insurer has been or is engaged in any act or 
        practice prohibited by this subtitle.
            (2) Cease and desist orders.--If the Federal Trade 
        Commission determines an insurer has been or is engaged in any 
        act or practice prohibited by this subtitle, the Commission may 
        take action against such insurer by the issuance of a cease and 
        desist order as if the insurer was in violation of section 5 of 
        the Federal Trade Commission Act. Such cease and desist order 
        may include any individual relief warranted under the 
        circumstances, including temporary, preliminary, and permanent 
        injunctive and compensatory relief.
    (b) Private Cause of Action.--
            (1) In general.--An applicant or insured who believes that 
        the applicant or insured has been adversely affected by an act 
        or practice of an insurer in violation of this subtitle may 
        maintain an action against the insurer in a Federal or State 
        court of original jurisdiction.
            (2) Relief.--Upon proof of such conduct by a preponderance 
        of the evidence in an action described in paragraph (1), the 
        court may award appropriate relief, including temporary, 
        preliminary, and permanent injunctive relief and compensatory 
        and punitive damages, as well as the costs of suit and 
reasonable fees for the aggrieved individual's attorneys and expert 
witnesses.
            (3) Statutory damages.--With respect to compensatory 
        damages in an action described in paragraph (1), the aggrieved 
        individual may elect, at any time prior to the rendering of 
        final judgment, to recover in lieu of actual damages, an award 
        of statutory damages in the amount of $5,000 for each 
        violation.

SEC. 1029. EFFECTIVE DATE.

    This subtitle shall apply with respect to any action taken on or 
after the date of enactment of this Act, except that section 2024 shall 
only apply to actions taken after the expiration of 60 days after such 
date of enactment.

               Subtitle D--Access to Safety and Advocacy

SEC. 1031. SHORT TITLE.

    This subtitle may be cited as the ``Access to Safety and Advocacy 
Act''.

SEC. 1032. PURPOSE.

    The purpose of this subtitle is to enhance safety and justice for 
victims of domestic violence throughout the United States through 
improved access to the justice system and improved legal assistance.

SEC. 1033. DEFINITIONS.

    In this subtitle:
            (1) Domestic violence program.--The term ``domestic 
        violence program'' means a nonprofit, nongovernmental 
        organization, the primary purpose of which is to provide 
        advocacy on behalf of and comprehensive services to victims of 
        domestic violence, including--
                    (A) crisis hotlines;
                    (B) shelter or safe homes;
                    (C) transitional housing;
                    (D) task forces or coordinating councils;
                    (E) food assistance;
                    (F) counseling;
                    (G) systems advocacy;
                    (H) transportation;
                    (I) safety planning;
                    (J) information and referral; and
                    (K) legal advocacy and representation.
            (2) Eligible grantee.--The term ``eligible grantee'' means 
        any--
                    (A) domestic violence program;
                    (B) State, tribal, or local bar association;
                    (C) law school clinical program;
                    (D) nonprofit legal service;
                    (E) court-based pro se program;
                    (F) bar association or domestic violence legal 
                information and referral service or hotline; or
                    (G) State or tribal coalition of domestic violence 
                programs.
            (3) Law school program.--The term ``law school program'' 
        means an internship, externship, clinic, or other legal 
        representation program or initiative located at an accredited 
        school of law which has as its primary purpose the provision of 
        legal representation, information, or assistance to victims of 
        domestic violence directed at stopping the violence, enhancing 
        victim safety, achieving economic justice, or protecting child 
        victims of domestic violence.
            (4) Legal assistance.--The term ``legal assistance'' 
        includes--
                    (A) direct representation of and assistance to 
                victims of domestic violence in any civil action, 
                administrative proceeding, criminal case in which the 
                defendant advances a claim of duress or a defense of 
                self or other, or clemency proceeding, from intake 
                through adjudication, enforcement, and appeal, directed 
                at stopping the violence, enhancing victim safety, 
                assuring economic protection and well-being, and 
                protecting child victims of domestic violence; and
                    (B) legal advocacy, including issue identification, 
                safety planning, evaluating options, policy analysis, 
                representation enhancement, outreach activities, 
                accompaniment, information, directories, and referral, 
                monitoring the civil and criminal justice process, and 
                coordinating among legal, social, and health care 
                systems, offered by personnel of domestic violence 
                programs, that is directed at stopping the violence, 
                enhancing victim safety, assuring economic protection 
                and well-being, or protecting child victims of domestic 
                violence.
            (5) Nonprofit direct legal services.--The term ``nonprofit 
        direct legal services'' means a nonprofit legal organization 
        that has as its primary purpose the provision of legal 
        assistance persons on a no-cost, sliding scale, deferred 
        payment or fixed fee basis on civil or criminal legal matters 
        and which provides specialized representation to victims of 
        domestic violence directed at stopping the violence, enhancing 
        victim safety, achieving economic justice, or protecting child 
        victims of domestic violence.
            (6) Pro bono program.--The term ``pro bono program'' means 
        a program affiliated with a State, tribal, or local court, bar 
        association, nonprofit direct legal services organization or a 
        domestic violence program that offers no-cost representation, 
        legal educational programs or information and referral services 
        to victims of domestic violence directed at stopping the 
        violence, enhancing victim safety, achieving economic justice, 
        or protecting child victims of domestic violence.
            (7) Pro se program.--The term ``pro se program'' means a 
        program based in a State, tribal, or local court, a nonprofit 
        direct legal services organization, or a domestic violence 
        program, in order to assist victims of domestic violence--
                    (A) in preparation and filing of court pleadings, 
                forms, memos, proposed orders, and related documents, 
                in effecting service and in representation of 
                themselves in any civil or administrative matters or 
                proceedings directed at stopping the violence, 
                enhancing victim safety, achieving economic justice, or 
                protecting child victims of domestic violence;
                    (B) to develop comprehensive safety plans; and
                    (C) to offer information and referral services.
            (8) State.--The term ``State'' means the States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        Guam, the Virgin Islands, American Samoa, and any other 
        territory or possession of the United States.
            (9) State, tribal, or local bar association.--The term 
        ``State, tribal, or local bar association'' means a State, 
        tribal, or local association of attorneys of a specified 
        geographic area whose members are licensed to practice in the 
        jurisdiction or jurisdictions, as applicable, and that offers 
        information, referral, or pro bono legal services to victims of 
        domestic violence related to civil actions, administrative 
        proceedings and criminal defense directed at stopping the 
        violence, enhancing victim safety, achieving economic justice, 
        or protecting child victims of domestic violence.
            (10) State coalition of domestic violence programs.--The 
        term ``State coalition of domestic violence programs'' means a 
        private, nonprofit statewide membership organization of 
        domestic violence programs that, among other activities, 
        provides training and technical assistance to domestic violence 
        programs within the State, Commonwealth, territory, or lands 
        under Federal military or tribal authority.
            (11) Tribal coalition of domestic violence programs.--The 
        term ``tribal coalition of domestic violence programs'' means a 
        private nonprofit coalition whose membership includes 
        representatives from a majority of the programs for victims of 
        domestic violence operating within the boundaries of an Indian 
        reservation and programs whose primary purpose is serving the 
        population of such Indian country, and whose board membership 
        is representative of such programs.
            (12) Tribal organization.--The term ``tribal organization'' 
        means a tribally chartered organization operating within the 
        boundaries of an Indian reservation whose governing body 
        reflects the populations served.

SEC. 1034. GRANT PROGRAM.

    (a) Grant Authority.--The Attorney General may award grants to 
eligible grantees in accordance with this section, which shall be used 
to further the health, safety, and economic needs of victims of 
domestic violence, regardless of the race, ethnicity, gender, sexual 
orientation, religion, or immigration status of those victims, through 
the provision of legal assistance to those victims.
    (b) Application Requirements.--
            (1) In general.--Subject to paragraph (2), in order to 
        receive a grant under this section, an eligible grantee shall--
                    (A) with respect to any eligible grantee described 
                in subparagraphs (B) through (F) of section 2033(2), 
                include documentation of an ongoing partnership and 
                working relationship with a domestic violence program 
                or State or tribal coalition of domestic violence 
                programs;
                    (B) demonstrate a history of providing direct legal 
                or advocacy services in a manner that is accountable to 
                the community served; and
                    (C) certify in writing that--
                            (i) any person providing direct legal 
                        representation or advocacy through a program 
                        funded under this section has completed 
                        training on domestic violence law and practice;
                            (ii) any training program conducted in 
                        satisfaction of the requirement of clause (i) 
                        will be developed with input from and in 
                        collaboration with a domestic violence program 
                        or State of tribal coalition of domestic 
                        violence programs;
                            (iii) the applicant agency will, to the 
                        maximum extent practicable, petition for the 
                        shifting of litigation costs to the abuser;
                            (iv) the applicant agency does not require 
                        clients to engage in mediation or encourage 
                        mediation in domestic violence cases or related 
                        civil matters;
                            (v) any person providing direct legal 
                        representation or advocacy through a program 
                        funded under this section has informed the 
                        appropriate State or tribal domestic violence 
                        coalitions of their work and participates in 
                        any statewide networking among legal assistance 
                        providers to victims of domestic violence; and
                            (vi) the applicant agency's policies and 
                        practices do not encourage victims to seek or 
                        obtain the insurance of mutual orders of 
                        protection.
            (2) Waiver.--
                    (A) In general.--The Attorney General may waive the 
                requirements of paragraph (1) for good cause, if the 
                applicant--
                            (i) is seeking a grant to fund activities 
                        described in paragraphs (1) through (5) of 
                        subsection (c);
                            (ii) cannot meet all of the conditions 
                        described in clauses (i) through (vi) of 
                        paragraph (1)(C); and
                            (iii) demonstrates a commitment to improved 
                        access to the justice system for victims of 
                        domestic violence.
                    (B) Application for waiver.--An eligible grantee 
                seeking a waiver under this paragraph shall submit to 
                the Attorney General an application that--
                            (i) contains a certification by the 
                        applicant's chief executive officer or its 
                        designee that the applicant is seeking a waiver 
                        under this paragraph; and
                            (ii) describes plans to further the 
                        purposes as stated in paragraphs (1) through 
                        (6) of subsection (c).
    (c) Purposes.--Grants awarded under this section may be used to--
            (1) enhance the availability and quality of legal 
        representation to victims of domestic violence in civil 
        actions, criminal defense, administrative proceedings, and 
        other courts;
            (2) strengthen and expand legal advocacy programs for 
        victims of domestic violence;
            (3) encourage the development of partnerships between 
        domestic violence programs and the full spectrum of legal 
        representation and advocacy programs, including--
                    (A) private practitioners;
                    (B) government and public sector attorneys;
                    (C) direct legal services programs;
                    (D) bar associations;
                    (E) legal hotlines; and
                    (F) law school programs;
            (4) increase the participation of the private bar in pro 
        bono and low-cost representation of and assistance to victims 
        of domestic violence;
            (5) improve judicial and administrative handling of cases 
        involving victims of domestic violence; and
            (6) improve legal education on domestic violence in law 
        schools and in continuing professional education programs.
    (d) Matching Requirement.--The Attorney General may not award a 
grant to an eligible grantee under this section unless the eligible 
grantee agrees that, with respect to the costs to be incurred by the 
eligible grantee in carrying out the program for which the grant was 
awarded, the State will make available (directly or through donations 
from public or private entities) non-Federal contributions in an amount 
not to exceed 20 percent of Federal funds provided under the grant, 
except that grantees who are nonprofit, nongovernmental organizations 
shall be exempt from this matching requirement.
    (e) Nonsupplantation.--Federal funds received under this section 
shall be used to supplement, not supplant, other Federal and non-
Federal funds that would otherwise be available for expenditure on 
activities described in this section. Amounts made available under this 
section may be used to fund new programs or to expand or enhance 
existing programs.

SEC. 1035. PROVISION OF TECHNICAL ASSISTANCE AND TRAINING.

    The Attorney General may provide, either directly or through 
contract or other arrangements with 1 or more other entities--
            (1) technical assistance to further the purpose of this 
        subtitle, including--
                    (A) consultation to and problem-solving with any 
                grantee related to the implementation of grants;
                    (B) litigation support for advocates, attorneys, 
                and grantee programs, including the establishment of an 
                archive and database related to trial memos, briefs, 
                and case law on civil, administrative, and criminal 
                matters on domestic violence;
                    (C) the development of materials to assist in the 
                education of legal advocates, law students, and 
                attorneys on providing services to victims of domestic 
                violence and their children;
                    (D) the development of information packets on 
                mentoring programs for building the capacity of 
                advocates and attorneys to enhance the quality of 
                services to victims of domestic violence;
                    (E) the identification of promising practices for 
                partnerships between direct legal services programs, 
                the private bar, and law schools with domestic violence 
                programs to enhance legal advocacy and representation 
                of victims of domestic violence and their children; and 
                the development of protocols or program guidelines for 
                partnership initiatives; and
                    (F) the development of statewide databases and a 
                national clearinghouse and database relating to the 
                provision of advocacy and representation for victims of 
                domestic violence; and
            (2) training to further the purpose of this subtitle, 
        including--
                    (A) training to educate legal advocates and 
                attorneys about stopping the violence, enhancing victim 
                safety, achieving economic justice, and protecting 
                child victims and witnesses of domestic violence, 
                including--
                            (i) the identification and development of 
                        training materials on an array of civil, 
                        administrative, and criminal issues related to 
                        domestic violence; and
                            (ii) the provision of site, regional, or 
                        national consultations and training of 
                        advocates, attorneys, or law faculty on 
                        domestic violence advocacy and representation; 
                        and
                    (B) training relating to--
                            (i) legal strategies and practice issues in 
                        civil, administrative, and criminal cases and 
                        in enforcement proceedings relating to domestic 
                        violence;
                            (ii) safety planning for victims and their 
                        children;
                            (iii) statutory, regulatory, and case law 
                        which affect or protect victims of domestic 
                        violence and their children;
                            (iv) coordinating efforts in civil, 
                        criminal, administrative, and other proceedings 
                        affecting a victim of domestic violence or the 
                        victim's family;
                            (v) developing partnerships for advocacy 
                        and representation for victims of domestic 
                        violence; and
                            (vi) creating multidisciplinary, community-
                        based approaches to enhance legal advocacy and 
                        representation in justice-seeking efforts for 
                        victims of domestic violence.

SEC. 1036. EVALUATION.

    The Attorney General may evaluate impact of the grants awarded 
under this subtitle through contract or other arrangement with 1 or 
more other entities that have expertise in domestic violence and 
evaluation research.

SEC. 1037. FUNDING.

    (a) In General.--There are authorized to be appropriated to carry 
out this subtitle--
            (1) $30,000,000 for fiscal year 2000;
            (2) $44,000,000 for fiscal year 2001; and
            (3) $57,000,000 for fiscal year 2002.
    (b) Allocation.--Of the amount made available under this section in 
each fiscal year--
            (1) not less than 70 percent shall be used for grants for 
        legal assistance programs under section 2034;
            (2) not more than 15 percent shall be used to provide 
        technical assistance and training under section 2035;
            (3) not more than 5 percent shall be used for evaluation 
        under section 2036;
            (4) not more than 5 percent shall be used for the costs of 
        administration; and
            (5) not less than 5 percent shall be used for grants to 
        tribal organizations.
    (c) Assistance to State or Tribal Domestic Violence Coalitions.--
Any grant awarded under this subtitle to a tribal organization or a 
State or tribal domestic violence coalition shall be in addition to any 
assistance made available to the tribal organization or State or tribal 
domestic violence coalition under the Violence Against Women Act of 
1994 or any provision of law amended by that Act.

           Subtitle E--Battered Women's Shelters and Services

SEC. 1041. SHORT TITLE.

    This subtitle may be cited as the ``Battered Women's Shelters and 
Services Act''.

SEC. 1042. FAMILY VIOLENCE PREVENTION AND SERVICES IMPROVEMENTS.

    (a) State Demonstration Grants.--
            (1) Application.--Section 303(a)(2)(C) of the Family 
        Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) 
        is amended by striking ``populations underserved because of 
        ethnic, racial, cultural, language diversity or geographic 
        isolation;'' and inserting ``populations underserved because of 
        race, ethnicity, age, disability, sexual orientation, religion, 
        alien status, geographic location (including rural isolation), 
        or language barriers, and any other populations determined by 
        the Secretary to be underserved;''.
            (2) Tribal domestic violence coalitions.--Section 303(b) of 
        the Family Violence Prevention and Services Act (42 U.S.C. 
        10402(b)) is amended--
                    (A) by redesignating paragraphs (2) and (3) as 
                subparagraphs (B) and (C), respectively;
                    (B) in the matter preceding subparagraph (B), as 
                redesignated in subparagraph (A) of this paragraph, by 
                striking ``of such amounts to make grants'' and 
                inserting the following: ``of such amounts to make 
                grants under paragraphs (2) and (3).
    ``(2)(A) Using amounts made available under paragraph (1), the 
Secretary shall make grants'';
                    (C) in subparagraph (B), as redesignated in 
                subparagraph (A) of this paragraph--
                            (i) by striking ``this subsection'' each 
                        place it appears and inserting ``this 
                        paragraph''; and
                            (ii) by striking ``paragraph (1)'' and 
                        inserting ``this paragraph''; and
                    (D) by adding at the end the following:
    ``(3)(A) Using not less than 5 percent of the amounts made 
available under paragraph (1), the Secretary shall make grants to 
tribal domestic violence coalitions.
    ``(B) To be eligible to receive a grant under this paragraph, an 
entity shall be a private nonprofit coalition--
            ``(i) whose membership includes representatives from--
                    ``(I) a majority of the programs for victims of 
                domestic violence operating within the boundaries of an 
                Indian reservation; and
                    ``(II) programs whose primary purpose is serving 
                the populations of an area of Indian country; and
            ``(ii) that has a governing board whose membership 
        represents the programs described in clause (i).
    ``(C) A coalition that receives a grant under this paragraph shall 
use the funds made available through the grant to further the purposes 
of domestic violence intervention and prevention through activities 
including--
            ``(i) providing training and technical assistance for local 
        Indian domestic violence programs providing shelter or related 
        assistance and providers of direct services to encourage 
        appropriate responses to domestic violence in Indian country;
            ``(ii) planning and conducting needs assessments and 
        planning for comprehensive services to address domestic 
        violence in Indian country;
            ``(iii) serving as an information clearinghouse and 
        resource center for the Indian reservation represented by the 
        coalition receiving the funds;
            ``(iv) collaborating with Indian, State, and Federal 
        governmental entities that affect victims of domestic violence 
        in Indian country, including judicial, law enforcement, and 
        child protective services agencies, to encourage appropriate 
        responses to domestic violence cases;
            ``(v) conducting public education and outreach activities 
        addressing domestic violence in Indian country;
            ``(vi) collaborating with State domestic violence 
        coalitions in carrying out the activities described in clauses 
        (i) through (v); and
            ``(vii) participating in planning and monitoring the 
        distribution of grants and grant funds to tribes and 
        organizations under paragraph (2).''.
            (3) Denial of application.--Section 303 of the Family 
        Violence Prevention and Services Act (42 U.S.C. 10402) is 
        amended by adding at the end the following:
    ``(g) The Secretary shall deny any State or tribal application 
submitted under this section that fails to provide documentation, 
including a memorandum of understanding, of the specific involvement of 
the appropriate State or tribal domestic violence coalition and other 
knowledgeable individuals and interested organizations, in the 
development of the State or tribal application.''.
    (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)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``for grants to States'' 
                        and inserting ``and available for grants to 
                        States under section 303(a)'';
                            (ii) by inserting after ``grant authorized 
                        under section 303(a)'' the following: 
                        ``$500,000, with the remaining funds to be 
                        allotted to each State in''; and
                            (iii) by striking ``such sums'' and 
                        inserting ``such remaining funds''; and
                    (B) by striking ``except that--'' and all that 
                follows and inserting ``except that 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.'';
            (2) in subsection (c), in the first sentence, by inserting 
        ``and available'' before ``for grants''; and
            (3) in subsection (d)--
                    (A) in paragraph (1), by inserting before the 
                period the following: ``, in proportion to the original 
                allotments made to the States for such year'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting before paragraph (3) the 
                following:
    ``(2) If, at the end of the sixth month of a fiscal year for which 
sums are appropriated under section 310--
            ``(A) the entire portion of such sums that is made 
        available for grants under section 303(b) has not been 
        distributed to Indian tribes and organizations described in 
        section 303(b) in grants because of the failure of 1 or more of 
        the tribes or organizations to meet the requirements for such a 
        grant, the Secretary shall--
                    ``(i) use the remainder of the portion to make 
                grants under section 303(b) to Indian tribes and 
                organizations who meet the requirements; and
                    ``(ii) make the grants in proportion to the 
                original grants made to the tribes and organizations 
                under section 303(b) for such year;
            ``(B) the amount allotted to an entity under section 311 
        has not been made available to such entity in grants under 
        section 311 because of the failure of such entity to meet the 
        requirements for a grant or because a limitation on expenditure 
        has been reached, the Secretary shall--
                    ``(i) use the amount to make allotments and grants 
                under subsections (a) and (b) of section 303 and 
                section 304 to States, Indian tribes, and other 
                organizations who meet the requirements of those 
                sections; and
                    ``(ii) make the allotments and grants in proportion 
                to the original allotments and grants made to the 
                States, tribes, and organizations under subsections (a) 
                and (b) of section 303 and section 304 for such year; 
                and
            ``(C) the entire portion of such sums that is made 
        available for grants under section 308 has not been distributed 
        to entities described in section 308 in grants because of the 
        failure of 1 or more of the entities to meet the requirements 
        for such a grant or because a limitation on expenditure has 
        been reached, the Secretary shall--
                    ``(i) use the remainder of the portion to make 
                allotments and grants under subsections (a) and (b) of 
                section 303 and section 304 to States, Indian tribes, 
                and other organizations who meet the requirements of 
                those sections; and
                    ``(ii) make the allotments and grants in proportion 
                to the original allotments and grants made to the 
                States, tribes, and organizations under subsections (a) 
                and (b) of section 303 and section 304 for such 
                year.''; and
                    (D) in paragraph (3) (as redesignated in 
                subparagraph (A))--
                            (i) by inserting ``or distribution under 
                        paragraph (2)'' after ``paragraph (1)''; and
                            (ii) by striking ``for reallotment'' and 
                        inserting ``for reallotment or distribution''.
    (c) Conforming Amendment.--The last sentence of section 306 of the 
Family Violence Prevention and Services Act (42 U.S.C. 10405) is 
amended by inserting ``or section 303(g)'' before the period.
    (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)--
                    (A) by striking the following:
            ``(2) Grants.--From the amounts'' and inserting the 
        following:
            ``(2) Grants.--
                    ``(A) Centers.--From the amounts'';
                    (B) by inserting ``on providing information, 
                training, and technical assistance'' after 
                ``focusing''; and
                    (C) by adding at the end the following:
                    ``(B) Initiatives.--From such amounts, the 
                Secretary may award grants to private nonprofit 
                organizations for information, training, and technical 
                assistance initiatives in the subject areas identified 
                in subsection (c), if--
                            ``(i) such initiatives do not duplicate the 
                        activities of the entities operating 
the special issue resource centers provided for in subsection (c); and
                            ``(ii) the total amounts awarded for all 
                        such initiatives do not exceed $500,000.'';
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``and shall specialize'' and all that follows 
                through ``law:'' and inserting ``on emerging issues in 
                domestic violence service, prevention, or law, and 
                shall specialize in at least 1 of the following 
                areas:''; and
                    (B) by adding at the end the following:
            ``(8) Providing technical assistance and training to local 
        entities carrying out domestic violence programs that provide 
        shelter or related assistance.
            ``(9) Improving access to services, information, and 
        training, concerning family violence, within Indian tribes and 
        Indian tribal agencies.
            ``(10) Responding to emerging issues in the field of family 
        violence that the Secretary may identify in consultation with 
        advocates for local entities carrying out domestic violence 
        programs that provide shelter or related assistance, State and 
        tribal domestic violence coalitions, and national domestic 
        violence organizations.'';
            (3) in subsection (d)(4), by inserting ``in the case of an 
        entity seeking to establish and maintain a resource center,'' 
        after ``(4)'';
            (4) in subsection (e)--
                    (A) by inserting before ``Not'' the following:
            ``(1) Reports after receipt.--''; and
                    (B) by adding at the end the following:
            ``(2) Reports by grant recipients.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of the Battered Women's Shelters and 
                Services Act, each recipient of a grant under this 
                section shall prepare and submit to the Secretary a 
                report that contains--
                            ``(i) an evaluation of the effectiveness of 
                        the activities carried out by the recipient 
                        with funds received under such grant; and
                            ``(ii) such other information as the 
                        Secretary may prescribe.
                    ``(B) Notice and public comment.--Before renewing 
                any grant under this section for a recipient, the 
                Secretary shall publish in the Federal Register a copy 
                of the report submitted by the recipient under this 
                paragraph and allow not less than 90 days for notice of 
                and opportunity for public comment on the published 
                report.''; and
            (5) by adding at the end the following:
    ``(h) Multiple Grants.--Nothing in this section shall prohibit the 
Secretary from making multiple grants to any private nonprofit entity 
to fulfill the objectives of this section.''.
    (e) Definitions.--Section 309 of the Family Violence Prevention and 
Services Act (42 U.S.C. 10408) is amended--
            (1) in paragraph (1)(B), by inserting ``, with whom such 
        person is or has been in a social relationship of a romantic or 
        intimate nature,'' before ``or with whom'';
            (2) by adding at the end the following:
            ``(7) The term `Indian country' has the meaning given the 
        term in section 1151 of title 18, United States Code.''; and
            (3) in paragraph (6), 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) Funds for State Domestic Violence Coalitions.--Section 310(d) 
of the Family Violence Prevention and Services Act (42 U.S.C. 10409(d)) 
is amended--
            (1) by striking ``not less than'' and inserting ``the 
        lesser of $22,000,000 and''; and
            (2) by adding at the end the following: ``For any fiscal 
        year for which the amount of funds made available under this 
        subsection exceeds $11,000,000, the Secretary shall reserve not 
        more than 20 percent of the funds made available under this 
        subsection. The Secretary shall make the reserved funds 
        available to State and tribal domestic violence coalitions and 
        entities carrying out domestic violence programs that provide 
        shelter or related assistance to carry out activities under 
        sections 319 through 321 or to carry out other priority 
        activities, as determined by the Secretary in consultation with 
        State and tribal domestic violence coalitions and entities 
        carrying out domestic violence programs that provide shelter or 
        related assistance.''.
    (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. 1043. MODEL LEADERSHIP GRANTS; DIRECT EMERGENCY ASSISTANCE; 
              TECHNICAL ASSISTANCE AND TRAINING.

    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:

``SEC. 319. MODEL LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE INTERVENTION 
              IN UNDERSERVED COMMUNITIES.

    ``(a) Grants.--
            ``(1) In general.--The Secretary shall award grants to 
        develop and implement model community intervention strategies 
        to address domestic violence in underserved populations.
            ``(2) Limitations.--In awarding grants under paragraph (1), 
        the Secretary shall award grants to not more than 10 State and 
        tribal domestic violence coalitions and to not more than 10 
local entities that carry out domestic violence programs providing 
shelter or related assistance.
            ``(3) Purposes.--Grants awarded under paragraph (1) shall 
        be used for--
                    ``(A) assessing the needs of underserved 
                populations in the State or area of Indian country 
                involved;
                    ``(B) building collaborative relationships between 
                the grant recipients and community-based organizations 
                serving underserved populations; and
                    ``(C) developing and implementing model community 
                intervention strategies to decrease the incidence of 
                domestic violence in underserved populations.
            ``(4) Periods.--The Secretary shall award grants under 
        paragraph (1) for periods of not more than 3 years.
    ``(b) Eligibility.--
            ``(1) Initial eligibility.--To be eligible for an initial 
        year of funding through a grant awarded under subsection 
        (a)(1), an applicant shall--
                    ``(A) submit to the Secretary an application 
                containing an acceptable plan for assessing the needs 
                of underserved populations for the model community 
                intervention strategies described in subsection (a)(3), 
                and identifying a specific population for development 
                of such an intervention strategy, in the first year of 
                the grant; and
                    ``(B) demonstrate to the Secretary inclusion of 
                representatives from community-based organizations 
                serving underserved populations, in planning, 
                designing, and disseminating the needs assessment under 
                subparagraph (A).
            ``(2) Continued eligibility.--To be eligible for continued 
        funding for not more than 2 additional years through a grant 
        awarded under subsection (a)(1), a recipient of funding for the 
        initial year shall submit to the Secretary an application 
        containing--
                    ``(A) a plan for implementing the intervention 
                strategy, and specifying collaborative relationships 
                with community-based organizations serving the 
                identified underserved population to be supported under 
                the grant; and
                    ``(B) a plan for disseminating the intervention 
                strategy throughout the State or area of Indian country 
                involved and, at the option of the recipient, to other 
                States, in the third year of the grant.
    ``(c) Priority for Collaborative Funding.--
            ``(1) In general.--In awarding grants under subsection 
        (a)(1), the Secretary shall give priority to State and tribal 
        domestic violence coalitions, and local entities that carry out 
        domestic violence programs, that submit applications in 
        collaboration with community-based organizations serving 
        underserved populations.
            ``(2) Amounts.--The Secretary shall award grants under 
        subsection (a)(1) to coalitions and entities described in 
        paragraph (1) in amounts of not less than $100,000 per fiscal 
        year.
    ``(d) Definition.--The term `underserved population' has the 
meaning given the term in section 2003 of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).

``SEC. 320. DIRECT EMERGENCY ASSISTANCE TO VICTIMS OF DOMESTIC 
              VIOLENCE.

    ``(a) In General.--The Secretary shall award grants to State and 
tribal domestic violence coalitions for the purpose of enabling the 
coalitions to provide emergency assistance, through an emergency 
assistance fund administered by the coalitions, for victims of domestic 
violence.
    ``(b) Use of Funds.--
            ``(1) Provision of assistance.--A State or tribal domestic 
        violence coalition that receives a grant under subsection (a) 
        may use funds received through the grant only to provide 
        emergency assistance--
                    ``(A) directly to victims of domestic violence who 
                are in the process of fleeing an abusive situation; or
                    ``(B) to such victims through entities that carry 
                out domestic violence programs providing shelter or 
                related assistance and that request such assistance on 
                behalf of victims.
            ``(2) Emergency assistance.--Emergency assistance provided 
        with such funds may include transportation, housing, and 
        payment of other expenses associated with relocation.
    ``(c) Application.--To be eligible to receive a grant under 
subsection (a), a State or tribal domestic violence coalition shall 
submit to the Secretary an application at such time, in such manner, 
and containing such information as the Secretary may require, 
including--
            ``(1) a detailed description of the process that the 
        coalition will use to receive and review applications for the 
        emergency assistance;
            ``(2) a detailed description of the process that the 
        coalition will use for notifying entities that carry out 
        domestic violence programs described in subsection (b)(1)(B) 
        about the availability of emergency assistance under this 
        section;
            ``(3) an application form for the applications described in 
        paragraph (1) that requires applicants for emergency assistance 
        to specify the type of assistance requested from the coalition, 
        a statement of need for the assistance, a statement about the 
        impact of the assistance on a victim's ability to escape 
        domestic violence, and such other information as would be 
        helpful in disbursing emergency assistance;
            ``(4) a description of the process that the coalition will 
        use to make payments to recipients of the assistance; and
            ``(5) a statement of procedures the coalition will use to 
        protect the confidentiality of information relating to the 
        identity of the recipients.
    ``(d) Reports.--The State or tribal domestic violence coalition 
shall annually prepare and submit to the Secretary a report describing 
the distribution of emergency assistance to victims of domestic 
violence under this section, analyzing the distribution by type and 
amount of assistance provided. For reasons of safety and 
confidentiality, such reports shall not contain information that allows 
the identification of individual victims.

``SEC. 321. TECHNICAL ASSISTANCE AND TRAINING FOR STATE, LOCAL, AND 
              TRIBAL DOMESTIC VIOLENCE PROGRAMS.

    ``(a) In General.--The Secretary shall award grants to State and 
tribal domestic violence coalitions for the purpose of providing 
training and technical assistance for State and tribal domestic 
violence coalitions and other nonprofit, nongovernmental entities 
carrying out State, local, and tribal domestic violence programs.
    ``(b) Use of Funds.--A State or tribal domestic violence coalition 
that receives a grant under subsection (a) shall use funds received 
through the grant to develop and implement regional training and 
technical assistance initiatives within a region served by a regional 
office of the Department of Health and Human Services. In implementing 
the initiatives, the coalition shall use the funds to prioritize, plan, 
and implement solutions to regional problems experienced by State and 
tribal domestic violence coalitions, and entities carrying out domestic 
violence programs providing shelter or related assistance, within the 
region.
    ``(c) Collaborative Efforts.--To the extent practicable, the 
coalition shall implement the initiatives in collaboration with 
advocates and organizations that assist domestic violence victims and 
that operate outside of the region, and with the national resource 
center and special issue resource centers established in section 308, 
in order to obtain the expertise of the advocates, organizations, and 
centers in delivering training and technical assistance within the 
region.
    ``(d) Eligibility.--To be eligible to receive a grant under 
subsection (a), a State or tribal domestic violence coalition shall--
            ``(1) be a nonprofit, nongovernmental State or tribal 
        domestic violence coalition;
            ``(2) demonstrate to the Secretary that a majority of State 
        and tribal domestic violence coalitions within the region to be 
        served support the selection of the coalition to receive the 
        grant; and
            ``(3) have its principal place of operation within the 
        region.
    ``(e) Application.--To be eligible to receive a grant under 
subsection (a), a State or tribal domestic violence coalition shall 
submit an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may require.
    ``(f) Construction.--Nothing in this section shall be construed to 
prohibit entities that carry out domestic violence programs serving 
Indian tribes from receiving technical assistance and training under 
this section.
    ``(g) Reports.--The State or tribal domestic violence coalition 
shall annually prepare and submit to the Secretary a report describing 
the entities receiving training and technical assistance from the 
coalition under this section, and the type of technical assistance and 
training received.''.

SEC. 1044. AUTHORIZATION OF APPROPRIATIONS FOR FAMILY VIOLENCE 
              PREVENTION AND SERVICES.

    (a) In General.--Section 310(a) of the Family Violence Prevention 
and Services Act (42 U.S.C. 10409(a)) is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated to carry 
out this title--
            ``(1) $120,000,000 for fiscal year 2000;
            ``(2) $160,000,000 for fiscal year 2001;
            ``(3) $200,000,000 for fiscal year 2002;
            ``(4) $260,000,000 for fiscal year 2003; and
            ``(5) $260,000,000 for fiscal year 2004.''.
    (b) Information and Technical Assistance Centers.--Section 310(c) 
of the Family Violence Prevention and Services Act (42 U.S.C. 10409(c)) 
is amended by inserting before ``5 percent shall'' the following: ``the 
lesser of $7,500,000 and''.

  Subtitle F--Battered Immigrant Women's Economic Security and Safety

SEC. 1051. PURPOSES.

    The purposes of this subtitle are--
            (1) to ensure that battered immigrant women and children 
        abused by their United States citizen and lawful permanent 
        resident spouses and parents have access to the public benefits 
        safety net when they flee their abusers;
            (2) to ensure that children of battered immigrant women 
        have the same access to Violence Against Women Act immigration 
        protections as their battered immigrant mothers; and
            (3) to remove impediments in current law that reduce 
        battered immigrant women's and children's access to the 
        Violence Against Women Act's immigration protections and 
        battered immigrant's ability to work so that they can sever 
        dependence on their abusers and gain economic independence for 
        themselves and their children.

SEC. 1052. WAIVER OF CERTAIN REMOVAL GROUNDS.

    Section 237(a)(2)(E) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(2)(E)) is amended by adding at the end the following:
                            ``(iii) Waiver for victims of domestic 
                        violence.--The Attorney General may waive the 
                        application of clauses (i) and (ii) in the case 
                        of an alien who has been battered or subjected 
                        to extreme cruelty and was not the primary 
                        perpetrator of violence in the relationship--
                                    ``(I) upon determination that--
                                            ``(aa) the alien was acting 
                                        in self-defense;
                                            ``(bb) the alien was found 
                                        to have violated a protection 
                                        order intended to protect the 
                                        alien; or
                                            ``(cc) the alien committed, 
                                        was convicted of, or pled 
                                        guilty to committing a crime 
                                        where there was a connection 
                                        between the crime and having 
                                        been battered or subjected to 
                                        extreme cruelty; or
                                    ``(II) for humanitarian 
                                purposes.''.

SEC. 1053. SELF-PETITIONING CHILDREN OF UNITED STATES CITIZENS.

    Section 204(a)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following:
                            ``(v) An alien child filing a petition 
                        under clause (iv), or who is included in a 
                        petition filed under clause (iii) shall 
                        continue to be considered a child for purposes 
                        of that clause and section 245, and for 
                        purposes of obtaining an immigrant visa under 
                        section 203, if, on the date of the filing of 
                        the petition, the child was under the age of 
                        21.''.

SEC. 1054. SELF-PETITIONING CHILDREN OF LAWFUL PERMANENT RESIDENTS.

    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 child filing a petition 
                        under clause (iii), or who is included in a 
                        petition filed under clause (ii) shall continue 
                        to be considered a child for purposes of that 
                        clause and section 245, and for purposes of 
                        obtaining an immigrant visa under section 203, 
                        if, on the date of the filing of the petition, 
                        the child was under the age of 21.''.

SEC. 1055. TREATMENT OF PETITIONS INCLUDING DERIVATIVE CHILDREN TURNING 
              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), (D), (E), (F), (G), 
        and (H) as subparagraphs (D), (E), (F), (G), (H), and (I), 
        respectively; and
            (2) by inserting after subparagraph (B) the following:
    ``(C)(i)(I) Any petition described in clause (ii) for a 
classification of a child that was filed or approved before the date on 
which the child attained 21 years of age shall be considered, as of 
such date, if no visa has been issued to the child, a petition filed or 
approved, as the case may be, for preference status under paragraph 
(1), (2), or (3) of section 203(a), whichever paragraph is applicable, 
with the same priority date under such paragraph as the alien child 
maintained before such date.
    ``(II) Any individual described in subclause (I) shall remain 
eligible for deferred action and work authorization.
    ``(ii) The petition referred to in clause (i) is a petition filed 
by an alien parent under subparagraph (A)(iii) or (B)(ii) in which the 
child is included.''.

SEC. 1056. PROTECTION OF BATTERED CHILDREN AND CHILDREN OF BATTERED 
              IMMIGRANTS FOR CANCELLATION OF REMOVAL OR SUSPENSION OF 
              DEPORTATION.

    (a) Cancellation of Removal.--Section 240A(b) of the Immigration 
and Nationality Act (8 U.S.C. 1229b(b)) is amended--
            (1) in paragraph (2), by striking ``The'' and inserting 
        ``Subject to paragraphs (3) and (4), the'';
            (2) by redesignating paragraph (3) as paragraph (5); and
            (3) by inserting after paragraph (2) the following:
            ``(3) Inclusion of other aliens in cancellation of removal 
        applications.--An alien described in paragraph (2) who applies 
        for cancellation of removal under that paragraph may include--
                    ``(A) the alien's children, sons, or daughters in 
                the alien's application and, if the alien is found 
                eligible for cancellation of removal, the Attorney 
General may adjust the status of the alien's children, sons, or 
daughters, to that of aliens lawfully admitted to permanent residence; 
or
                    ``(B) the alien's parent in the application in the 
                case of an application filed by an alien child while 
                under 21 years of age who was battered or subjected to 
                extreme cruelty by a citizen or lawful permanent 
                resident parent and, if the alien child is found 
                eligible for cancellation, the Attorney General may 
                adjust to the status of lawful permanent residence the 
                status of both the alien child applicant and the alien 
                child's parent.
            ``(4) Treatment of children under pending applications.--An 
        individual shall be considered a child for purposes of 
        paragraphs (2) and (3) of this subsection or section 244(a)(3) 
        (as in effect before the date of enactment of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996) 
        if, on the date an application was filed by the child or the 
        parent of the child under that paragraph or section, the child 
        was under the age of 21.''.
    (b) Inclusion of Other Aliens in Suspension of Deportation 
Applications.--An alien applying for suspension of deportation under 
section 244(a)(3) (as in effect before the date of the enactment of 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996) 
may include--
            (1) the alien's children, sons, or daughters in the alien's 
        application and, if the alien is found eligible for suspension 
        of deportation, the Attorney General may adjust to the status 
        of lawful permanent residence the status of the alien's 
        children, sons, or daughters; or
            (2) the alien's parent in the application in the case of an 
        application filed by an alien child while under 21 years of age 
        who was battered or subjected to extreme cruelty by a citizen 
        or lawful permanent resident parent and, if the alien child is 
        found eligible for suspension of deportation, the Attorney 
        General may adjust to the status of lawful permanent residence 
        the status of both the alien child applicant and the alien 
        child's parent.
    (c) Effective Date.--Subsection (b) and the amendment made by 
subsection (a) 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).

SEC. 1057. NONAPPLICABILITY OF SPECIAL RULES RELATING TO THE TREATMENT 
              OF NON-213A ALIENS.

    Section 408(f)(6) of the Social Security Act (42 U.S.C. 608(f)(6)) 
is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) described in section 421(f) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1631(f)) but for the fact that the 
                individual is a non-213A alien.''.

SEC. 1058. DISCRETIONARY FIRST TIME OFFENDER WAIVERS FOR ALIENS MAKING 
              CHILD SUPPORT PAYMENTS.

    Section 237(a)(2)(E) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(2)(E)), as amended by section 1052 of this Act, is 
further amended by adding at the end the following:
                            ``(iii) Discretionary waiver of deportation 
                        ground for first offenders paying court ordered 
                        child support.--At the sole and unreviewable 
                        discretion of the Attorney General, the 
                        Attorney General may waive removal of an alien 
                        who is convicted under clause (i), or who is 
                        found in violation of a protection order by a 
                        determination entered by a court under clause 
                        (ii), if--
                                    ``(I) the conviction or violation 
                                was the alien's first domestic violence 
                                conviction or violation;
                                    ``(II) the alien is not otherwise 
                                deportable under this paragraph or, if 
                                so deportable, has obtained a waiver 
                                under this paragraph;
                                    ``(III) the waiver of removal under 
                                this clause is requested by the person 
                                against whom the domestic violence 
                                crime or protection order violation was 
                                committed;
                                    ``(IV) the judge determines that 
                                granting the waiver will not jeopardize 
                                the safety of the victim or her 
                                children;
                                    ``(V) any ongoing cohabitation with 
                                the abuse victim will not be in 
                                violation of any court order; and
                                    ``(VI) the alien is paying adequate 
                                child support to the person against 
                                whom the domestic violence crime or 
                                protection order violation was 
                                committed, except that--
                                            ``(aa) if the alien is 
                                        separated from the person 
                                        against whom the domestic 
                                        violence crime or the 
                                        protection order violation was 
                                        committed, the alien is subject 
                                        to a court order requiring the 
                                        alien to pay child support for 
                                        any children the alien has in 
                                        common with the person against 
                                        whom the alien committed the 
                                        crime of domestic violence or 
                                        protection order violation, and 
                                        the alien is current on all 
                                        child support payments due 
                                        under such order or is in 
compliance with a court-approved payment plan; or
                                            ``(bb) if the alien resides 
                                        in the same household as the 
                                        person against whom the alien 
                                        committed the crime of domestic 
                                        violence or protection order 
                                        violation, the alien has 
                                        demonstrated to the immigration 
                                        judge in the removal proceeding 
                                        that the alien has been and 
                                        will continue to provide 
                                        adequate, ongoing support for 
                                        the victim and any children in 
                                        common, if the parties have 
                                        children in common.
                                    ``(VII) Adequate support determined 
                                under applicable child support 
                                guidelines.--For purposes of the 
                                determination of the adequacy of child 
                                support provided under subclause 
                                (VI)(bb), the immigration judge shall 
                                refer to the child support guidelines 
                                of the jurisdiction in which the 
                                parties reside.
                            ``(iv) Reinstatement of deportation 
                        grounds.--Any person who obtains a waiver under 
                        clause (iii) who thereafter is found by a court 
                        to have committed another crime or violation of 
                        this subparagraph or is found by a court with 
                        jurisdiction over the child support matter to 
                        have failed to make court-ordered child support 
                        payments or failed to comply with a court-
                        approved payment plan is deportable and no 
                        further waiver is available under clause 
                        (iii).''.

SEC. 1059. MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF UNITED 
              STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS.

    (a) Waiver of Inadmissibility.--Section 212(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(i)) is amended in paragraph (1) 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 qualifies for relief under section 240A(b)(2) or section 
244(a)(3) (as in effect before the date of enactment 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, child, 
son, or daughter''.
    (b) Waiver of Deportability.--Section 237(a) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)) is amended--
            (1) in paragraph (1)(H)--
                    (A) in clause (ii)--
                            (i) by inserting ``(I)'' immediately after 
                        ``(ii)''; and
                            (ii) by striking the period and inserting 
                        ``; or''; and
                    (B) by inserting after clause (ii)(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 244(a)(3) 
                        (as in effect before the date of enactment of 
                        the Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996).''; and
            (2) in paragraph (3)(D)--
                    (A) by inserting ``(i) In general.--'' before ``Any 
                alien''; and
                    (B) by adding at the end the following:
                            ``(ii) Waiver authorized.--The Attorney 
                        General may waive clause (i) in the case of 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 244(a)(3) (as in effect before 
                        the date of enactment of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996).''.

SEC. 1060. PUBLIC CHARGE.

    Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 
11 82(a)(4)) is amended by adding at the end the following:
                    ``(E) Exception.--The following aliens are not 
                subject to public charge determinations under this 
                paragraph:
                            ``(i) An alien who qualifies for 
                        classification as a spouse or child of a United 
                        States citizen under clause (iii) or (iv) of 
                        section 204(a)(1)(A) or as a spouse or child of 
                        a lawful permanent resident under clause (ii) 
                        or (iii) of section 204(a)(1)(B).
                            ``(ii) An alien who qualifies for 
                        classification as the spouse or child of a 
                        United States citizen under clause (i) or (ii) 
                        of section 204(a)(1)(A) or as the spouse or 
                        child of a lawful permanent resident under 
                        section 204(a)(1)(B)(i) and who has been 
                        battered or subjected to extreme cruelty.
                            ``(iii) An alien who qualifies for status 
                        as a spouse, parent, child, son, or daughter of 
                        a United States citizen or lawful permanent 
                        resident, or as a parent of a child of a United 
                        States citizen or lawful permanent resident, 
                        pursuant to section 240A(b)(2) or 244(a)(3) (as 
                        in effect before the date of enactment of the 
                        Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996).
                            ``(iv) Any derivatives or immediate 
                        relative children of aliens under clause (i), 
                        (ii), or (iii) of this subparagraph.''.

SEC. 1061. 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 
        obtained lawful permanent residence because he or she was the 
        spouse or child of a United States citizen who battered or 
        subjected him or her to extreme cruelty)'' after ``has been 
        living in marital union with the citizen spouse''.

SEC. 1062. FILING FEES.

    (a) Petitions for Classification.--Section 204(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by 
adding at the end the following:
    ``(I) No fee shall be charged for the filing or processing of any 
application under clause (iii) or (iv) of subparagraph (A) or clause 
(ii) or (iii) of subparagraph (B), or the first application for work 
authorization filed by an applicant described in any such clause.''.
    (b) Cancellations of Removal.--Section 240A(b)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1229b), as amended by section 
1056 of this Act, is further amended by adding at the end the 
following: ``No fee shall be charged for the filing or processing of 
any application under this paragraph or the first application for work 
authorization filed by an applicant described in this paragraph.''.
    (c) Suspension of Deportation.--No fee shall be charged for the 
filing or processing of any application under section 244(a)(3) of the 
Immigration and Nationality Act (as in effect before the date of 
enactment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996) (8 U.S.C. 1254(a)(3)), or the first 
application for work authorization filed by an applicant described in 
that section.

SEC. 1063. ACCESS TO FOOD STAMPS AND SSI FOR QUALIFIED BATTERED ALIENS.

    Section 402(a)(2) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended 
by adding at the end the following:
                    ``(L) Exception for certain battered aliens.--With 
                respect to eligibility for benefits for the specified 
                Federal programs described in paragraph (3), paragraph 
                (1) shall not apply to any individual described in 
                section 431(c).''.

SEC. 1064. EXEMPTION FROM 5-YEAR BAR.

    Section 403(b) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding at 
the end the following:
            ``(3) Battered immigrants.--An alien described in section 
        431(c).''.

SEC. 1065. ACCESS TO HOUSING FOR BATTERED IMMIGRANTS.

    (a) In General.--Section 214 of the Housing and Community 
Development Act of 1980 (42 U.S.C. 1436a) is amended--
            (1) in subsection (a), by striking ``a resident of the 
        United States and is'' after ``unless that alien is'';
            (2) in paragraphs (1) through (6) of subsection (a), by 
        inserting ``a resident of the United States and is'' before 
        ``an alien'';
            (3) in subsection (a)(5), by striking ``or'' after ``title 
        8;'';
            (4) in subsection (a)(6), by striking the period and 
        inserting ``; or'';
            (5) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(7) a qualified alien as described in section 431(c) of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1641(c)).'';
            (6) in subsection (b)(2), by inserting ``Proration shall 
        not apply in the case of a qualified alien as described in 
        section 431(c) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)).'' 
        after ``under this section.'';
            (7) in subsection (c)(1)(A), by inserting ``Proration shall 
        not apply in the case of a qualified alien as described in 
        section 431(c) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c))'' 
        after ``members of the family.'';
            (8) in subsection (c)(1)(A), by striking ``paragraphs (1) 
        through (6)'' and inserting ``paragraphs (1) through (7)'';
            (9) in subsection (c)(2)(A), by inserting ``, except a 
        qualified alien described in section 431(c) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641(c)),'' before ``who--''; and
            (10) in subsection (d)(1)(B), by inserting before the 
        period ``, including a qualified alien as described in section 
        431(c) of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1641(c))''.
    (b) Access to Shelter and Services for Battered Immigrants.--
Section 214 of the Housing and Community Development Act of 1980 (42 
U.S.C. 1436a) is amended by adding at the end the following:
    ``(j) Access to Shelter and Services for Battered Immigrants.--
Notwithstanding any other provision of law, no private, government, or 
nonprofit organization providing shelter or services to battered women, 
abused children, or providing any other service or benefit listed in 
section 401(b) of the Personal Responsibility and Work Opportunity Act 
of 1996 (8 U.S.C. 1611(b)) that receives any Federal funds shall deny, 
restrict, or condition assistance to any applicant based on 
alienage.''.

SEC. 1066. CLARIFYING WELFARE REPORTING REQUIREMENTS FOR BENEFIT 
              APPLICANTS.

    The Social Security Act (42 U.S.C. 301 et seq.) is amended--
            (1) in section 411(a)(1)(A) (42 U.S.C. 611(a)(1)(A)), by 
        adding at the end the following flush language:
                ``Collection of information about, and inquiries into, 
                the immigration status of an individual who is a parent 
                applying on behalf of his or her child who is a United 
                States citizen or a qualified alien (as defined in 
                section 431 of the Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) 
                for assistance under the State program funded under 
                this part, shall not be made if the individual is not 
                applying for benefits for themselves, whether or not 
                the individual is determined, under Federal or State 
                law, to be part of a family unit receiving assistance 
                under that program.''; and
            (2) in section 1631(e)(9) (42 U.S.C. 1383(e)(9)), by adding 
        at the end the following: ``Collection of information about, 
        and inquiries into, the immigration status of an individual who 
        is a parent applying on behalf of his or her child who is a 
        United States citizen or a qualified alien (as defined in 
        section 431 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1641) for benefits under 
        this title (or for benefits supplemented by a State with an 
        agreement under section 1616), shall not be made if the 
        individual is not applying for benefits for themselves, whether 
        or not the individual is determined, under Federal or State 
        law, to be part of a family unit receiving such benefits.''.

SEC. 1067. CONFORMING DEFINITION OF ``FAMILY'' USED IN LAWS GRANTING 
              WELFARE ACCESS FOR BATTERED IMMIGRANTS TO STATE FAMILY 
              LAW.

    Section 431(c) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--
            (1) in paragraph (1)(A), by striking ``by a spouse or a 
        parent, or by a member of the spouse or parent's family 
        residing in the same household as the alien and the spouse or 
        parent consented to, or acquiesced in, such battery or 
        cruelty,'' and inserting ``by a spouse or parent, or by any 
        individual having a relationship with the alien covered by the 
        civil or criminal domestic violence statutes of the State or 
        Indian country where the alien resides, or the State or Indian 
        country in which the alien, the alien's child, or the alien 
        child's parents received a protection order, or by any 
        individual against whom the alien could obtain a protection 
        order,''; and
            (2) in paragraph (2)(A), by striking ``by a spouse or 
        parent of the alien (without the active participation of the 
        alien in the battery or cruelty), or by a member of the spouse 
        or parent's family residing in the same household as the alien 
        and the spouse or parent consented or acquiesced to such 
        battery or cruelty,'' and inserting ``by a spouse or parent of 
        the alien (without the active participation of the alien in the 
        battery or cruelty) or by any person having a relationship with 
        the alien covered by the civil or criminal domestic violence 
        statutes of the State or Indian country where the alien 
        resides, or the State or Indian country in which the alien, the 
        alien's child or the alien child's parent received a protection 
        order, or by any individual against whom the alien could obtain 
        a protection order,''.

SEC. 1068. ENSURING THAT BATTERED IMMIGRANTS HAVE ACCESS TO FOOD STAMPS 
              AND SSI.

    (a) Qualifying Quarters.--Section 435 of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1645) is amended in paragraph (2) by striking ``and the alien 
remains married to such spouse or such spouse is deceased'' and 
inserting ``if such spouse is deceased or if the alien remains married 
to such spouse (except that qualified aliens described in section 
431(c) may continue after divorce to count the qualifying quarters 
worked by their spouse during the marriage)''.
    (b) Food Stamps Access for Battered Immigrant Qualified Aliens and 
Their Children.--Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 
2016) is amended by adding at the end the following:
    ``(k) Battered Immigrant Qualified Alien Eligibility for Food 
Stamps.--Notwithstanding any other provision of law, qualified aliens 
described in section 431(c) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) and their 
children are eligible to receive food stamps.''.

SEC. 1069. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION FOR 
              BATTERED IMMIGRANTS.

    Clause (iii) of section 431(c)(1)(B) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1641(c)(1)(B)) 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 date 
                        of enactment of the Illegal Immigration Reform 
                        and Immigrant Responsibility Act of 1996).''.

SEC. 1070. ACCESS TO LEGAL SERVICES CORPORATION FUNDS.

    Section 502 of the Departments of Commerce, Justice, and State, the 
Judiciary and Related Agencies Appropriations Act, 1998 (Public Law 
105-119) is amended by adding at the end the following:
    ``(c) This section shall not be construed to prohibit a recipient 
from--
            ``(1) using funds derived from a source other than the 
        Legal Services Corporation to provide related legal assistance 
        (as that term is defined in subsection (b)(2)) to any alien who 
        has been battered or subjected to extreme cruelty by a person 
        with whom the alien has a relationship covered by the domestic 
        violence laws of the State in which the alien resides or in 
        which an incidence of violence occurred;
            ``(2) using Legal Services Corporation funds to provide 
        related legal assistance to any alien who has been battered or 
        subjected to extreme cruelty who qualifies for relief under 
        clause (iii) or (iv) of section 204(a)(1)(A), clause (ii) or 
        (iii) of section 204(a)(1)(B), or subsection (b)(2) of section 
        240A of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)) or section 244(a)(3) of the Immigration and 
        Nationality Act (as in effect before the title III-A effective 
        date in section 309 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note).''.

           TITLE II--VIOLENCE AGAINST WOMEN AND THE WORKPLACE

SEC. 2001. FINDINGS.

    Congress makes the following findings:
            (1) Victims of crime and their families suffer from crime 
        and its effects on a daily basis.
            (2) Domestic crime against adults accounts for 
        approximately 15 percent of total crime costs in the United 
        States each year.
            (3) Violence against women has been reported to be the 
        leading cause of physical injury to women. It has a devastating 
        impact on women's physical and emotional health and financial 
        security.
            (4) The Department of Justice estimates that intimate 
        partners commit on average 960,000 violent crimes against women 
        every year.
            (5) Employees in the United States who have been victims of 
        crime too often suffer adverse consequences in the workplace as 
        a result of their experiences as victims of crime.
            (6) Victims of crime are particularly vulnerable to changes 
        in employment, pay, and benefits as a result of their 
        victimizations, and are, therefore, in need of legal 
        protection.
            (7) The prevalence of violence against women at work is 
        dramatic. Homicide is the leading cause of death for women on 
        the job. Eight percent of all rapes occur in the workplace. 
        Women who are victims of violent workplace crimes are twice as 
        likely as men to know their attackers. Husbands, boyfriends, 
        and ex-partners commit 15 percent of workplace homicides 
        against women. One study found that three-quarters of battered 
        women who work were harassed by telephone by their abuser at 
        work.
            (8) Nearly 50 percent of rape victims lose their employment 
        or are forced to quit their jobs following the crime. 
        Approximately one quarter of battered women surveyed have lost 
        a job due in part to the effects of domestic violence.
            (9) The availability of economic support is a critical 
        factor in the ability of battered women to leave abusive 
        situations that threaten them and their children. Over half of 
        battered women surveyed stayed with their batterers because 
        they lacked resources to support themselves and their children.
            (10) According to the National Institute of Justice, crime 
        costs an estimated $450,000,000,000 annually in medical 
        expenses, lost earnings, social service costs, pain, suffering, 
        and reduced quality of life for victims, all of which harm our 
        Nation's productivity and drain our Nation's resources. Violent 
        crime accounts for $426,000,000,000 of this amount.
            (11) Rape exacts the highest costs-per-victim of any 
        criminal offense, an estimated total of $127,000,000,000 per 
        year. Recent governmental estimates indicate that between 
        300,000 and 600,000 rapes and sexual assaults occur annually in 
        the United States.
            (12) Other violent offenses take unacceptably high tolls on 
        the economy as well, including assault ($93,000,000,000), 
        murder (excluding arson and drunk driving deaths) 
        ($71,000,000,000), drunk driving (including fatalities) 
        ($61,000,000,000), and child abuse ($56,000,000,000).
            (13) Violent crime results in wage losses equivalent to 1 
        percent of all American earnings, and causes 3 percent of the 
        Nation's medical spending and 14 percent of injury-related 
        medical spending.
            (14) Estimates demonstrate that employers pay between 
        $3,000,000,000 and $5,000,000,000 annually to cover the cost of 
        crimes against employees and their families.
            (15) Surveys of business executives and corporate security 
        directors also underscore the heavy toll that workplace 
        violence takes on American women, businesses, and interstate 
        commerce.
            (16) Ninety-four percent of corporate security and safety 
        directors at companies nationwide rank domestic violence as a 
        high-risk security problem.
            (17) Forty-nine percent of senior executives recently 
        surveyed said domestic violence has a harmful effect on their 
        company's productivity, 47 percent said domestic violence 
        negatively affects attendance, and 44 percent said domestic 
        violence increases health care costs.
            (18) Only 12 States have enacted statutes forbidding 
        employers from taking adverse action against employees who have 
        been victims of crime and must participate in the criminal 
        justice process during working hours. No State explicitly 
        protects crime victims from other adverse action which may 
        result from their experiences and status as crime victims.
            (19) Existing Federal law neither expressly authorizes 
        battered women to take leave from work to seek legal assistance 
and redress, counseling, or assistance with safety planning activities 
nor does it protect crime victims from retaliation, discharge, or other 
workplace penalties that may result from their experiences and status 
as crime victims.

  Subtitle A--National Clearinghouse on Domestic Violence and Sexual 
                     Assault in the Workplace Grant

SEC. 2011. NATIONAL CLEARINGHOUSE ON DOMESTIC VIOLENCE AND SEXUAL 
              ASSAULT IN THE WORKPLACE GRANT.

    (a) Authority.--The Attorney General may award a grant in 
accordance with this section to a private, nonprofit entity or tribal 
organization that meets the requirements of subsection (b) in order to 
provide for the establishment and operation of a national clearinghouse 
and resource center to provide information and assistance to employers, 
labor organizations, and advocates on behalf of victims of domestic 
violence and sexual assault, in their efforts to develop and implement 
appropriate responses to assist the victims.
    (b) Grantees.--Each applicant for a grant under this section shall 
submit to the Attorney General an application, which shall--
            (1) demonstrate that the applicant--
                    (A) has a nationally recognized expertise in the 
                area of domestic violence and sexual assault and a 
                record of commitment and quality responses to reduce 
                domestic violence and sexual assault; and
                    (B) will provide matching funds from non-Federal 
                sources in an amount equal to not less than 10 percent 
                of the total amount of the grant awarded under this 
                section; and
            (2) include a plan to maximize, to the extent practicable, 
        outreach to employers (including private companies, as well as 
        public entities such as universities, and State and local 
        governments) in developing and implementing appropriate 
        responses to assist employees who are victims of domestic 
        violence and sexual assault.
    (c) Use of Grant Amount.--A grant under this section may be used 
for staff salaries, travel expenses, equipment, printing, and other 
reasonable expenses necessary to assemble, maintain, and disseminate to 
employers, labor organizations, and advocates described in subsection 
(a), information on and appropriate responses to domestic violence and 
sexual assault, including--
            (1) training to promote a better understanding of 
        appropriate assistance to employee victims;
            (2) conferences and other educational opportunities;
            (3) development of protocols and model workplace policies;
            (4) employer and union sponsored victim services and 
        outreach counseling; and
            (5) assessments of the workplace costs of domestic violence 
        and sexual assault.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000 for each of fiscal 
years 2000 through 2004.

                 Subtitle B--Victims' Employment Rights

SEC. 2021. SHORT TITLE.

    This subtitle may be cited as the ``Victims' Employment Rights 
Act''.

SEC. 2022. PURPOSES.

    The purposes of this subtitle are, pursuant to the affirmative 
power of Congress to enact legislation under section 5 of the 14th 
amendment to the Constitution, as well as under the portion of section 
8 of article I of the Constitution relating to regulation of commerce 
among the several States--
            (1) to promote the national interest in ensuring that 
        victims and survivors of domestic violence, sexual assault, and 
        stalking can recover from and cope with the effects of those 
        crimes and participate in the criminal and civil justice 
        processes without fear of adverse economic consequences from 
        their employers;
            (2) to minimize the negative impact on interstate commerce 
        from dislocations of employees and decreases in productivity 
        that may arise when employees are victimized by those crimes;
            (3) to promote the purposes of the 14th amendment by 
        addressing the failure of existing laws to protect the 
        employment rights of victims of domestic violence, sexual 
        assault, and stalking and by furthering the right of domestic 
        violence, sexual assault, and stalking victims to employment 
        free from discrimination; and
            (4) to accomplish the purposes described in paragraphs (1), 
        (2), and (3) in a manner that accommodates the legitimate 
        interests of employers and protects the safety of all persons 
        in the workplace.

SEC. 2023. DEFINITIONS.

    In this subtitle:
            (1) Employee.--
                    (A) In general.--The term ``employee'' means any 
                person employed by an employer. In the case of an 
                individual employed by a public agency, such term means 
                an individual employed as described in section 3(e) of 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)).
                    (B) Basis.--The term includes a person employed as 
                described in subparagraph (A) on a full- or part-time 
                basis, for a fixed time period, on a temporary basis, 
                pursuant to a detail, as an independent contractor, or 
                as a participant in a work assignment as a condition of 
                receipt of Federal or State income-based public 
                assistance.
            (2) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 
                individuals; and
                    (B) includes any person acting directly or 
                indirectly in the interest of an employer in relation 
                to an employee, and includes a public agency, but does 
                not include any labor organization (other than when 
                acting as an employer) or anyone acting in the capacity 
of officer or agent of such labor organization.
            (3) Parent; son or daughter.--The terms ``parent'' and 
        ``son or daughter'' have the meanings given the terms in 
        section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611).
            (4) Person.--The term ``person'' means an individual, 
        partnership, association, corporation, business trust, legal 
        representative, or any organized group of individuals.
            (5) Public agency.--The term ``public agency'' has the 
        meaning given the term in section 3 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203).

SEC. 2024. PROHIBITED DISCRIMINATORY ACTS.

    An employer shall not fail to hire, refuse to hire, or discharge 
any individual, or otherwise discriminate against any individual with 
respect to compensation, terms, conditions, or privileges of 
employment, of the individual (including retaliation in any form or 
manner) because--
            (1) the individual--
                    (A) is or is perceived to be a victim of domestic 
                violence, sexual assault, or stalking;
                    (B) attended, participated in, or prepared for, or 
                requested leave to attend, participate in, or prepare 
                for a criminal or civil court proceeding relating to an 
                incident of domestic violence, sexual assault, or 
                stalking of which the employee, or the son or daughter 
                or parent of the employee, was a victim; or
                    (C) requested an adjustment to a job structure or 
                workplace facility, including a transfer, reassignment, 
                or modified schedule, leave, a changed telephone number 
                or seating assignment, or installation of a lock or 
                implementation of a safety procedure, in response to 
                actual or threatened domestic violence, sexual assault, 
                or stalking, regardless of whether the request was 
                granted; or
            (2) the action of a person whom the employee states has 
        committed or threatened to commit domestic violence, sexual 
        assault, or stalking against the employee, or the son or 
        daughter or parent of the employee, disrupted the workplace.

SEC. 2025. ENFORCEMENT.

    (a) Civil Action by Employees.--
            (1) Liability.--Any employer who violates section 3024 
        shall be liable to any employee affected for--
                    (A) damages equal to the amount of wages, salary, 
                employment benefits (as defined in section 101 of the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 2611)), 
                or other compensation denied to or lost by such 
                employee by reason of the violation, and the interest 
                on that amount calculated at the prevailing rate;
                    (B) compensatory damages, including damages for 
                future pecuniary losses, emotional pain, suffering, 
                inconvenience, mental anguish, loss of enjoyment or 
                life, and other nonpecuniary losses;
                    (C) such punitive damages, up to 3 times the amount 
                of actual damages sustained, as the court described in 
                paragraph (2) shall determine to be appropriate; and
                    (D) such equitable relief as may be appropriate, 
                including employment, reinstatement, and promotion.
            (2) Right of action.--An action to recover the damages or 
        equitable relief prescribed in paragraph (1) may be maintained 
        against any employer (including a public agency) in any Federal 
        or State court of competent jurisdiction by any 1 or more 
        employees.
    (b) Action by Department of Justice.--The Attorney General may 
bring a civil action in any Federal or State court of competent 
jurisdiction to recover the damages or equitable relief described in 
subsection (a)(1).

SEC. 2026. ATTORNEY'S FEES.

    Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is 
amended by inserting ``the Victims' Employment Rights Act,'' after 
``title VI of the Civil Rights Act of 1964,''.

   Subtitle C--Workplace Violence Against Women Prevention Tax Credit

SEC. 2031. SHORT TITLE.

    This subtitle may be cited as the ``Workplace Violence Against 
Women Prevention Tax Credit Act''.

SEC. 2032. CREDIT FOR COSTS TO EMPLOYERS OF IMPLEMENTING WORKPLACE 
              SAFETY PROGRAMS TO COMBAT VIOLENCE AGAINST WOMEN.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to business related 
credits) is amended by adding at the end the following:

``SEC. 45D. WORKPLACE SAFETY PROGRAM CREDIT.

    ``(a) In General.--For purposes of section 38, the workplace safety 
program credit determined under this section for the taxable year is, 
for any employer, an amount equal to 40 percent of the violence against 
women safety and education costs paid or incurred by such employer 
during the taxable year.
    ``(b) Definitions.--In this section:
            ``(1) Violence against women safety and education cost.--
                    ``(A) In general.--The term `violence against women 
                safety and education cost' means any cost certified by 
                the Attorney General to the Secretary as being for the 
                purpose of--
                            ``(i) ensuring the safety of employees from 
                        violent crimes against women,
                            ``(ii) providing assistance to employees 
                        and the spouses and dependents of employees 
                        with respect to violent crimes against women,
                            ``(iii) providing legal or medical services 
                        to employees and the spouses and dependents of 
                        employees subjected to, or at risk from, 
                        violent crimes against women,
                            ``(iv) educating employees about the issue 
                        of violent crimes against women, or
                            ``(v) implementing human resource or 
                        personnel policies initiated to protect 
                        employees from violent crimes against women or 
                        to support employees who have been victims of 
                        violent crimes against women.
                    ``(B) Types of costs.--Such term includes costs 
                certified by the Attorney General to the Secretary as 
                being for the purpose of--
                            ``(i) the hiring of new security personnel 
                        in order to address violent crimes against 
                        women,
                            ``(ii) the creation of buddy systems or 
                        escort systems for walking employees to parking 
                        lots, parked cars, subway stations, or bus 
                        stops, in order to address violent crimes 
                        against women,
                            ``(iii) the purchase or installation of new 
                        security equipment, including surveillance 
                        equipment, lighting fixtures, cardkey access 
                        systems, and identification systems, in order 
                        to address violent crimes against women,
                            ``(iv) the establishment of an employee 
                        assistance line or other employee assistance 
                        services, in order to address violent crimes 
                        against women, for the use of individual 
                        employees, including counseling or referral 
                        services undertaken in consultation and 
                        coordination with national, State, or local 
                        domestic violence and sexual assault coalitions 
                        or programs,
                            ``(v) the retention of an attorney to 
                        provide legal services to employees seeking 
                        restraining orders or other legal recourse from 
                        violent crimes against women,
                            ``(vi) the establishment of medical 
                        services addressing the medical needs of 
                        employees who are victims of violent crimes 
                        against women,
                            ``(vii) the retention of a financial expert 
                        or an accountant to provide financial 
                        counseling to employees seeking to escape from 
                        violent crimes against women,
                            ``(viii) the establishment of an education 
                        program for employees, consisting of seminars 
                        or training sessions about violent crimes 
                        against women undertaken in consultation and 
                        coordination with national, State, or local 
                        domestic violence and sexual assault coalitions 
                        or programs,
                            ``(ix) studies of the cost, impact, or 
                        extent of violent crimes against women at the 
                        employer's place of business, if such studies 
                        are made available to the public and protect 
                        the identity of employees included in the 
                        study,
                            ``(x) the publication of a regularly 
                        disseminated newsletter or other regularly 
                        disseminated educational materials about 
                        violent crimes against women,
                            ``(xi) the implementation of leave policies 
                        for the purpose of allowing or accommodating 
                        the needs of victims of violent crimes against 
                        women to pursue legal redress against 
                        assailants, including leave from work to attend 
                        meetings with attorneys, to give evidentiary 
                        statements or depositions, and to attend 
                        hearings or trials in court,
                            ``(xii) the implementation of flexible work 
                        policies for the purpose of allowing or 
                        accommodating the needs of employees who are 
                        victims of violent crimes against women, or 
                        employees at risk with respect to such crimes, 
                        to avoid assailants,
                            ``(xiii) the implementation of transfer 
                        policies for the purpose of allowing or 
                        accommodating the needs of employees subjected 
                        to violent crimes against women to change 
                        office locations within the company in order to 
                        avoid assailants or to allow the transfer of an 
                        employee who has perpetrated violent crimes 
                        against women in order to protect the victim, 
                        including payment of costs for the transfer and 
                        relocation of an employee to another city, 
                        county, State, or country for the purpose of 
                        maintaining an employee's safety from violent 
                        crimes against women, or
                            ``(xiv) the provision of any of the 
                        services described in clauses (iv) through 
                        (viii) to the spouses or dependents of 
                        employees.
                    ``(C) Notification of possible tax consequences.--
                In no event shall any cost for goods or services which 
                may be included in the income of any employee receiving 
                or benefiting from such goods or services be treated as 
                a violence against women safety and education cost 
                unless the employer notifies the employee in writing of 
                the possibility of such inclusion.
            ``(2) Violent crimes against women.--
                    ``(A) In general.--The term `violent crimes against 
                women' includes sexual assault and domestic violence.
                    ``(B) Domestic violence.--The term `domestic 
                violence' has the meaning given the term in section 2 
                of the Battered Women's Economic Security and Safety 
                Act.
                    ``(C) Sexual assault.--The term `sexual assault'--
                            ``(i) means any conduct proscribed by 
                        chapter 109A of title 18, United States Code, 
                        whether or not the conduct occurs in the 
                        special maritime and territorial jurisdiction 
                        of the United States or in a Federal prison; 
                        and
                            ``(ii) includes both assaults committed by 
                        offenders who are strangers to the victim and 
                        assaults committed by offenders who are known 
                        to the victim or related by blood or marriage 
                        to the victim.
            ``(3) Employee and employer.--
                    ``(A) Partners and partnerships.--The term 
                `employee' includes a partner and the term `employer' 
                includes a partnership.
                    ``(B) Related persons.--Persons shall be treated as 
                related to each other if such persons are treated as a 
                single employer under subsection (a) or (b) of section 
                52.
    ``(c) Coordination With Other Provisions.--No credit or deduction 
shall be allowed under any other provision of this title for any amount 
for which a credit is allowed under this section.''.
    (b) Treatment as General Business Credit.--
            (1) In general.--Subsection (b) of section 38 of the 
        Internal Revenue Code of 1986 (relating to general business 
        credit) is amended by striking ``plus'' at the end of paragraph 
        (11), by striking the period at the end of paragraph (12) and 
        inserting ``, plus'', and by adding at the end the following:
            ``(13) the workplace safety program credit determined under 
        section 45D.''.
            (2) Transitional rule for carrybacks.--Subsection (d) of 
        section 39 of such Code (relating to transitional rules) is 
        amended by adding at the end the following:
            ``(9) No carryback of section 45d credit before effective 
        date.--No portion of the unused business credit for any taxable 
        year which is attributable to the workplace safety program 
        credit determined under section 45D may be carried back to a 
        taxable year beginning on or before the date of the enactment 
        of section 45D.''.
            (3) Deduction for unused credits.--Subsection (c) of 
        section 196 of such Code (relating to deduction for certain 
        unused business credits) is amended by striking ``and'' at the 
        end of paragraph (7), by striking the period at the end of 
        paragraph (8) and inserting ``, and'', and by adding at the end 
        the following:
            ``(9) the workplace safety program credit determined under 
        section 45D.''.
    (c) Credit Not a Defense in Legal Actions.--The allowance of a 
credit under section 45D of the Internal Revenue Code of 1986 (as added 
by this subtitle) shall not absolve employers of their responsibilities 
under any other law and shall not be construed as a defense to any 
legal action (other than legal action by the Secretary of the Treasury 
under such Code).
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following:

                              ``Sec. 45D. Workplace safety program 
                                        credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1999.

          Subtitle D--Employment Protection for Battered Women

SEC. 2041. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This subtitle may be cited as the ``Battered 
Women's Employment Protection Act''.
    (b) Reference.--Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to that section or other provision of 
the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

SEC. 2042. PURPOSES.

    The purposes of this subtitle are, pursuant to the affirmative 
power of Congress to enact legislation under section 5 of the 14th 
amendment to the Constitution, as well as under the portions of section 
8 of article I of the Constitution relating to providing for the 
general welfare and to regulation of commerce among the several 
States--
            (1) to promote the national interest in reducing domestic 
        violence by enabling victims of domestic violence to maintain 
        the financial independence necessary to leave abusive 
        situations, achieve safety, and minimize the physical and 
        emotional injuries from domestic violence, and to reduce the 
        devastating economic consequences of domestic violence to 
        employers and employees, by--
                    (A) providing unemployment insurance for victims of 
                domestic violence who are forced to leave their 
                employment as a result of domestic violence; and
                    (B) entitling employed victims of domestic violence 
                to take reasonable leave under the Family and Medical 
                Leave Act of 1993 (29 U.S.C. 2601 et seq.) to seek 
                medical help, legal assistance, counseling, and safety 
                planning and assistance without penalty from their 
                employers;
            (2) to promote the purposes of the 14th amendment by 
        protecting the civil and economic rights of victims of domestic 
        violence and by furthering the equal opportunity of women for 
        employment and economic self-sufficiency;
            (3) to minimize the negative impact on interstate commerce 
        from dislocations of employees and harmful effects on 
        productivity, health care costs, and employer costs, caused by 
        domestic violence; and
            (4) to accomplish the purposes described in paragraphs (1), 
        (2), and (3) in a manner that accommodates the legitimate 
        interests of employers.

SEC. 2043. UNEMPLOYMENT COMPENSATION.

    (a) Unemployment Compensation.--Section 3304 of the Internal 
Revenue Code of 1986 is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (18);
                    (B) by striking the period at the end of paragraph 
                (19) and inserting ``; and''; and
                    (C) by inserting after paragraph (19) the 
                following:
            ``(20) compensation is to be provided where an individual 
        is separated from employment due to circumstances directly 
        resulting from the individual's experience of domestic 
        violence.''; and
            (2) by adding at the end the following:
    ``(g) Construction.--
            ``(1) In general.--For purposes of subsection (a)(20), an 
        employee's separation from employment shall be treated as due 
        to circumstances directly resulting from the individual's 
        experience of domestic violence if the separation resulted 
        from--
                    ``(A) the employee's reasonable fear of future 
                domestic violence at or en route to or from the 
                employee's place of employment;
                    ``(B) the employee's wish to relocate to another 
                geographic area in order to avoid future domestic 
                violence against the employee or the employee's family;
                    ``(C) the employee's need to recover from stress 
                resulting from the employee's experience of domestic 
                violence;
                    ``(D) the employer's denial of the employee's 
                request for the temporary leave from employment 
                authorized by section 102 of the Family and Medical 
                Leave Act of 1993 to address domestic violence and its 
                effects; or
                    ``(E) any other circumstance in which domestic 
                violence causes the employee to reasonably believe that 
                termination of employment is necessary for the future 
                safety of the employee or the employee's family.
            ``(2) Reasonable efforts to retain employment.--For 
        purposes of subsection (a)(20), if State law requires the 
        employee to have made reasonable efforts to retain employment 
        as a condition for receiving unemployment compensation, such 
        requirement shall be met if the employee--
                    ``(A) sought protection from, or assistance in 
                responding to, domestic violence, including calling the 
                police or seeking legal, social work, medical, 
                clerical, or other assistance;
                    ``(B) sought safety, including refuge in a shelter 
                or temporary or permanent relocation, whether or not 
                the employee actually obtained such refuge or 
                accomplished such relocation; or
                    ``(C) reasonably believed that options such as 
                taking a leave of absence, transferring jobs, or 
                receiving an alternative work schedule would not be 
                sufficient to guarantee the employee or the employee's 
                family's safety.
            ``(3) Active search for employment.--For purposes of 
        subsection (a)(20), if State law requires the employee to 
        actively search for employment after separation from employment 
        as a condition for receiving unemployment compensation, such 
        requirement shall be treated as met where the employee is 
        temporarily unable to actively search for employment because 
        the employee is engaged in seeking safety for the employee or 
        the employee's family, or relief for the employee, from 
        domestic violence, including--
                    ``(A) going into hiding or relocating or attempting 
                to do so, including activities associated with such 
                hiding or relocation, such as seeking to obtain 
                sufficient shelter, food, schooling for children, or 
                other necessities of life for the employee or the 
                employee's family;
                    ``(B) actively pursuing legal protection or 
                remedies, including meeting with the police, going to 
                court to make inquiries or file papers, meeting with 
                attorneys, or attending court proceedings; or
                    ``(C) participating in psychological, social, or 
                religious counseling or support activities to assist 
                the employee in coping with domestic violence.
            ``(4) Provision of information to meet certain 
        requirements.--In determining if an employee meets the 
        requirements of paragraphs (1), (2), and (3), the unemployment 
        agency of the State in which an employee is requesting 
        unemployment compensation by reason of subsection (a)(20) may 
        require the employee to provide--
                    ``(A) a written statement describing the domestic 
                violence and its effects;
                    ``(B) documentation of the domestic violence, such 
                as a police or court record, or documentation from a 
                shelter worker, an employee of a domestic violence 
                program, an attorney, a member of the clergy, or a 
                medical or other professional, from whom the employee 
                has sought assistance in addressing domestic violence 
                and its effects, as defined in section 101 of the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 2611); 
                or
                    ``(C) other corroborating evidence, such as a 
                statement from any other individual with knowledge of 
                the circumstances that provide the basis for the claim 
                of domestic violence, or physical evidence of domestic 
                violence, such as a photograph, torn or bloody 
                clothing, or any other damaged property.
        All evidence of domestic violence experienced by an employee, 
        including a statement of an employee, any other documentation 
        or corroborating evidence, and the fact that an employee has 
        applied for or inquired about unemployment compensation 
        available by reason of subsection (a)(20) shall be retained in 
        the strictest confidence by such State unemployment agency, 
        except to the extent that disclosure is requested, or consented 
        to, by the employee for the purpose of protecting the safety of 
        the employee or a family member of the employee or of assisting 
        in documenting domestic violence for a court or agency.''.
    (b) Social Security Personnel Training.--Section 303(a) of the 
Social Security Act (42 U.S.C. 503(a)) is amended by redesignating 
paragraphs (4) through (10) as paragraphs (5) through (11), 
respectively, and by inserting after paragraph (3) the following:
            ``(4) Such methods of administration as will ensure that 
        claims reviewers and hearing personnel are adequately trained 
        in the nature and dynamics of domestic violence and in methods 
        of ascertaining and keeping confidential information about 
        possible experiences of domestic violence, so that employee 
        separations stemming from domestic violence are reliably 
        screened, identified, and adjudicated, and full confidentiality 
        is provided for the employee's claim and submitted evidence; 
        and''.
    (c) Definitions.--Section 3306 of the Internal Revenue Code of 1986 
is amended by adding at the end the following:
    ``(u) Domestic Violence.--The term `domestic violence' has the 
meaning given the term in section 2 of the Battered Women's Economic 
Security and Safety Act.''.

SEC. 2044. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR 
              NON-FEDERAL EMPLOYEES.

    (a) Definitions.--Section 101 (29 U.S.C. 2611) is amended by adding 
at the end the following:
            ``(14) Addressing domestic violence and its effects.--The 
        term `addressing domestic violence and its effects' means--
                    ``(A) being unable to attend or perform work due to 
                an incident of domestic violence;
                    ``(B) seeking medical attention for or recovering 
                from injuries caused by domestic violence;
                    ``(C) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding, related to 
                domestic violence;
                    ``(D) obtaining services from a domestic violence 
                shelter or program or rape crisis center as a result of 
                domestic violence;
                    ``(E) obtaining psychological counseling related to 
                experiences of domestic violence;
                    ``(F) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, including temporary or permanent relocation; 
                and
                    ``(G) participating in any other activity 
                necessitated by domestic violence that must be 
                undertaken during the hours of employment involved.
            ``(15) Domestic violence.--The term `domestic violence' has 
        the meaning given the term in section 2 of the Battered Women's 
        Economic Security and Safety Act.''.
    (b) Leave Requirement.--Section 102 (29 U.S.C. 2612) is amended--
            (1) in subsection (a)(1), by adding at the end the 
        following:
                    ``(E) In order to care for the son, daughter, or 
                parent of the employee, if such son, daughter, or 
                parent is addressing domestic violence and its effects.
                    ``(F) Because the employee is addressing domestic 
                violence and its effects, which make the employee 
                unable to perform the functions of the position of such 
                employee.'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Domestic violence.--Leave under subparagraph (E) or 
        (F) of subsection (a)(1) may be taken by an eligible employee 
        intermittently or on a reduced leave schedule. The taking of 
        leave intermittently or on a reduced leave schedule pursuant to 
        this paragraph shall not result in a reduction in the total 
        amount of leave to which the employee is entitled under 
        subsection (a) beyond the amount of leave actually taken.''; 
        and
            (3) in subsection (d)(2)(B), by striking ``(C) or (D)'' and 
        inserting ``(C), (D), (E), or (F)''.
    (c) Certification.--Section 103 (29 U.S.C. 2613) is amended--
            (1) in the title of the section, by inserting before the 
        period the following: ``; confidentiality''; and
            (2) by adding at the end the following:
    ``(f) Domestic Violence.--In determining if an employee meets the 
requirements of subparagraph (E) or (F) of section 102(a)(1), the 
employer of an employee may require the employee to provide--
            ``(1) a written statement describing the domestic violence 
        and its effects;
            ``(2) documentation of the domestic violence involved, such 
        as a police or court record, or documentation from a shelter 
        worker, an employee of a domestic violence program, an 
        attorney, a member of the clergy, or a medical or other 
        professional, from whom the employee has sought assistance in 
        addressing domestic violence and its effects; or
            ``(3) other corroborating evidence, such as a statement 
        from any other individual with knowledge of the circumstances 
        that provide the basis for the claim of domestic violence, or 
        physical evidence of domestic violence, such as a photograph, 
        torn or bloody clothing, or any other damaged property.
    ``(g) Confidentiality.--All evidence provided to the employer under 
subsection (f) of domestic violence experienced by an employee or the 
son, daughter, or parent of an employee, including a statement of an 
employee, any other documentation or corroborating evidence, and the 
fact that an employee has requested leave for the purpose of 
addressing, or caring for a son, daughter, or parent who is addressing, 
domestic violence and its effects, shall be retained in the strictest 
confidence by the employer, except to the extent that disclosure is 
requested, or consented to, by the employee for the purpose of--
            ``(1) protecting the safety of the employee or a family 
        member or co-worker of the employee; or
            ``(2) assisting in documenting domestic violence for a 
        court or agency.''.

SEC. 2045. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR 
              FEDERAL EMPLOYEES.

    (a) Definitions.--Section 6381 of title 5, United States Code, is 
amended--
            (1) at the end of paragraph (5), by striking ``and'';
            (2) in paragraph (6), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(7) the term `addressing domestic violence and its 
        effects' has the meaning given the term in section 101 of the 
        Family and Medical Leave Act of 1993 (29 U.S.C. 2611); and
            ``(8) the term `domestic violence' has the meaning given 
        the term in section 2 of the Battered Women's Economic Security 
        and Safety Act.''.
    (b) Leave Requirement.--Section 6382 of title 5, United States 
Code, is amended--
            (1) in subsection (a)(1), by adding at the end the 
        following:
            ``(E) In order to care for the son, daughter, or parent of 
        the employee, if such son, daughter, or parent is addressing 
        domestic violence and its effects.
            ``(F) Because the employee is addressing domestic violence 
        and its effects, which make the employee unable to perform the 
        functions of the position of such employee.'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Domestic violence.--Leave under subparagraph (E) or 
        (F) of subsection (a)(1) may be taken by an employee 
        intermittently or on a reduced leave schedule. The taking of 
        leave intermittently or on a reduced leave schedule pursuant to 
        this paragraph shall not result in a reduction in the total 
        amount of leave to which the employee is entitled under 
        subsection (a) beyond the amount of leave actually taken.''; 
        and
            (3) in subsection (d), by striking ``(C), or (D)'' and 
        inserting ``(C), (D), (E), or (F)''.
    (c) Certification.--Section 6383 of title 5, United States Code, is 
amended--
            (1) in the title of the section, by adding at the end the 
        following: ``; confidentiality''; and
            (2) by adding at the end the following:
    ``(f) In determining if an employee meets the requirements of 
subparagraph (E) or (F) of section 6382(a)(1), the employing agency of 
an employee may require the employee to provide--
            ``(1) a written statement describing the domestic violence 
        and its effects;
            ``(2) documentation of the domestic violence involved, such 
        as a police or court record, or documentation from a shelter 
        worker, an employee of a domestic violence program, an 
        attorney, a member of the clergy, or a medical or other 
        professional, from whom the employee has sought assistance in 
        addressing domestic violence and its effects; or
            ``(3) other corroborating evidence, such as a statement 
        from any other individual with knowledge of the circumstances 
        that provide the basis for the claim of domestic violence, or 
        physical evidence of domestic violence, such as a photograph, 
        torn or bloody clothing, or other damaged property.
    ``(g) All evidence provided to the employing agency under 
subsection (f) of domestic violence experienced by an employee or the 
son, daughter, or parent of an employee, including a statement of an 
employee, any other documentation or corroborating evidence, and the 
fact that an employee has requested leave for the purpose of 
addressing, or caring for a son, daughter, or parent who is addressing, 
domestic violence and its effects, shall be retained in the strictest 
confidence by the employing agency, except to the extent that 
disclosure is requested, or consented to, by the employee for the 
purpose of--
            ``(1) protecting the safety of the employee or a family 
        member or co-worker of the employee; or
            ``(2) assisting in documenting domestic violence for a 
        court or agency.''.

SEC. 2046. EXISTING LEAVE USABLE FOR DOMESTIC VIOLENCE.

    (a) Definitions.--In this section:
            (1) Addressing domestic violence and its effects.--The term 
        ``addressing domestic violence and its effects'' has the 
        meaning given the term in section 101 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2611), as amended in section 
        3044(a).
            (2) Employee.--The term ``employee'' means any person 
        employed by an employer. In the case of an individual employed 
        by a public agency, such term means an individual employed as 
        described in section 3(e) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 203(e)).
            (3) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 
                individuals, if such person is also subject to the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et 
                seq.) or to any provision of a State or local law, 
                collective bargaining agreement, or employment benefits 
                program or plan, addressing paid or unpaid leave from 
                employment (including family, medical, sick, annual, 
                personal, or similar leave); and
                    (B) includes any person acting directly or 
                indirectly in the interest of an employer in relation 
                to any employee, and includes a public agency, who is 
                subject to a law, agreement, program, or plan described 
                in subparagraph (A), but does not include any labor 
                organization (other than when acting as an employer) or 
                anyone acting in the capacity of officer or agent of 
                such labor organization.
            (4) Employment benefits.--The term ``employment benefits'' 
        has the meaning given the term in section 101 of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2611).
            (5) Parent; son or daughter.--The terms ``parent'' and 
        ``son or daughter'' have the meanings given the terms in 
        section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611).
            (6) Public agency.--The term ``public agency'' has the 
        meaning given the term in section 3 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203).
    (b) Use of Existing Leave.--An employee who is entitled to take 
paid or unpaid leave (including family, medical, sick, annual, 
personal, or similar leave) from employment, pursuant to State or local 
law, a collective bargaining agreement, or an employment benefits 
program or plan, shall be permitted to use such leave for the purpose 
of addressing domestic violence and its effects, or for the purpose of 
caring for a son or daughter or parent of the employee, if such son or 
daughter or parent is addressing domestic violence and its effects.
    (c) Certification.--In determining whether an employee qualifies to 
use leave as described in subsection (b), an employer may require a 
written statement, documentation of domestic violence, or corroborating 
evidence consistent with section 103(f) of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2613(f)), as amended by section 2044(c).
    (d) Confidentiality.--All evidence provided to the employer under 
subsection (c) of domestic violence experienced by an employee or the 
son or daughter or parent of the employee, including a statement of an 
employee, any other documentation or corroborating evidence, and the 
fact that an employee has requested leave for the purpose of 
addressing, or caring for a son or daughter or parent who is 
addressing, domestic violence and its effects, shall be retained in the 
strictest confidence by the employer, except to the extent that 
disclosure is requested, or consented to, by the employee for the 
purpose of--
            (1) protecting the safety of the employee or a family 
        member or co-worker of the employee; or
            (2) assisting in documenting domestic violence for a court 
        or agency.
    (e) Prohibited Acts.--
            (1) Interference with rights.--
                    (A) Exercise of rights.--It shall be unlawful for 
                any employer to interfere with, restrain, or deny the 
                exercise of or the attempt to exercise, any right 
                provided under this section.
                    (B) Discrimination.--It shall be unlawful for any 
                employer to discharge or in any other manner 
                discriminate against an individual for opposing any 
                practice made unlawful by this section.
            (2) Interference with proceedings or inquiries.--It shall 
        be unlawful for any person to discharge or in any other manner 
        discriminate against any individual because such individual--
                    (A) has filed any charge, or had instituted or 
                caused to be instituted any proceeding, under or 
                related to this section;
                    (B) has given, or is about to give, any information 
                in connection with any inquiry or proceeding relating 
                to any right provided under this section; or
                    (C) has testified, or is about to testify, in any 
                inquiry or proceeding relating to any right provided 
                under this section.
    (f) Enforcement.--
            (1) Public enforcement.--The Secretary of Labor shall have 
        the powers set forth in subsections (b), (c), (d), and (e) of 
        section 107 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2617) for the purpose of public agency enforcement of 
        any alleged violation of subsection (e) against any employer.
            (2) Private enforcement.--The remedies and procedures set 
        forth in section 107(a) of the Family and Medical Leave Act of 
        1993 (29 U.S.C. 2617(a)) shall be the remedies and procedures 
        pursuant to which an employee may initiate a legal action 
        against an employer for alleged violations of subsection (e).
            (3) References.--For purposes of paragraph (1) and (2), 
        references in section 107 of the Family and Medical Leave Act 
        of 1993 to section 105 of such Act shall be considered to be 
        references to subsection (e).
            (4) Employer liability under other laws.--Nothing in this 
        section shall be construed to limit the liability of an 
        employer to an employee for harm suffered relating to the 
        employee's experience of domestic violence pursuant to any 
        other Federal or State law, including a law providing for a 
        legal remedy.

SEC. 2047. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.

    (a) More Protective Laws, Agreements, Programs, and Plans.--Nothing 
in this subtitle or the amendments made by this subtitle shall be 
construed to supersede any provision of any Federal, State, or local 
law, collective bargaining agreement, or other employment benefits 
program or plan that provides greater unemployment compensation or 
leave benefits for employed victims of domestic violence than the 
rights established under this subtitle or such amendments.
    (b) Less Protective Laws, Agreements, Programs, and Plans.--The 
rights established for employees under this subtitle or the amendments 
made by this subtitle shall not be diminished by any State or local 
law, collective bargaining agreement, or employment benefits program or 
plan.

SEC. 2048. EFFECTIVE DATE.

    (a) General Rule.--Except as provided in subsection (b), this 
subtitle and the amendments made by this subtitle take effect 180 days 
after the date of enactment of this Act.
    (b) Unemployment Compensation.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by section 3043 shall apply in the case of 
        compensation paid for weeks beginning on or after the 
        expiration of 180 days from the date of enactment of this Act.
            (2) Meeting of state legislature.--
                    (A) In general.--If the Secretary of Labor 
                identifies a State as requiring a change to its 
                statutes or regulations in order to comply with the 
                amendments made by section 3043, the amendments made by 
                section 3043 shall apply in the case of compensation 
                paid for weeks beginning after the earlier of--
                            (i) the date the State changes its statutes 
                        or regulations in order to comply with the 
                        amendments made by section 3043; or
                            (ii) the end of the first session of the 
                        State legislature which begins after the date 
                        of enactment of this Act or which began prior 
                        to such date and remained in session for at 
                        least 25 calendar days after such date;
                except that in no case shall the amendments made by 
                this subtitle apply before the date that is 180 days 
                after the date of enactment of this Act.
                    (B) Session defined.--In this paragraph, the term 
                ``session'' means a regular, special, budget, or other 
                session of a State legislature.

 TITLE III--PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE UNDER SOCIAL 
                         SECURITY ACT PROGRAMS

SEC. 3001. WAIVERS FOR VICTIMS OF DOMESTIC VIOLENCE UNDER THE TANF 
              PROGRAM.

    (a) Findings.--Congress finds that--
            (1) the intent of Congress in amending part A of title IV 
        of the Social Security Act (42 U.S.C. 601 et seq.) in section 
        103(a) of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (Public Law 104-193; 110 Stat 2112) 
        was to allow States to take into account the effects of the 
        epidemic of domestic violence in establishing their welfare 
        programs, by giving States the flexibility to grant individual, 
        temporary waivers for good cause to victims of domestic 
        violence who meet the criteria set forth in section 
        402(a)(7)(A)(iii) of the Social Security Act (42 U.S.C. 
        602(a)(7)(A)(iii));
            (2) the allowance of waivers under that section was not 
        intended to be limited by other, separate, and independent 
        provisions of part A of title IV of the Social Security Act (42 
        U.S.C. 601 et seq.);
            (3) under that section, requirements under the temporary 
        assistance for needy families program under part A of title IV 
        of such Act may, for good cause, be waived for so long as 
        necessary; and
            (4) good cause waivers granted pursuant to that section are 
        intended to be temporary and directed only at particular 
        program requirements, such as time limits for receipt of 
        assistance and work participation, when needed on an individual 
        case-by-case basis, and are intended to facilitate the ability 
        of victims of domestic violence to move forward and meet 
        program requirements when safe and feasible without 
        interference by domestic violence.
    (b) Clarification of Waiver Provisions.--
            (1) In general.--Section 402(a)(7) of the Social Security 
        Act (42 U.S.C. 602(a)(7)) is amended--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (E); and
                    (B) by inserting after subparagraph (A), the 
                following:
                    ``(B) No numerical limits.--In implementing this 
                paragraph, a State shall not be subject to any 
                numerical limitation in the granting of good cause 
                waivers under subparagraph (A)(iii).
                    ``(C) Waivered individuals not included for 
                purposes of certain other provisions of this part.--Any 
                individual to whom a good cause waiver of compliance 
                with this Act has been granted in accordance with 
                subparagraph (A)(iii) shall not be included for 
                purposes of--
                            ``(i) determining a State's compliance with 
                        the participation rate requirements set forth 
                        in section 407;
                            ``(ii) applying the limitation described in 
                        section 408(a)(7)(C)(ii); or
                            ``(iii) for purposes of determining whether 
                        to impose a penalty under paragraph (3), (5), 
                        or (9) of section 409(a).
                    ``(D) Secretarial review.--If, but for subparagraph 
                (C), a State would fail to comply with the 
                participation rate requirements set forth in section 
                407, exceed the limitation described in section 
                408(a)(7)(C)(ii), or have a penalty imposed under 
                paragraph (3), (5), or (9) of section 409(a), the 
                Secretary may review the good cause waivers granted by 
                a State under subparagraph (A)(iii) to determine 
                whether the State has granted such waivers pursuant to 
                a determination of good cause, and may revoke any 
                waivers that the Secretary finds were not granted in 
                accordance with the requirements of this paragraph.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        takes effect as if included in the enactment of section 103(a) 
        of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 
        2112).

SEC. 3002. DISCLOSURE PROTECTIONS UNDER THE CHILD SUPPORT PROGRAM.

    (a) Federal Parent Locator Service.--Section 453 of the Social 
Security Act (42 U.S.C. 653) is amended--
            (1) in subsection (b)(2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, or that the health, safety, or liberty of 
                a parent or child would be put at risk by the 
                disclosure of such information,'' before ``provided 
                that'';
                    (B) in subparagraph (A), by inserting ``, that the 
                health, safety, or liberty of a parent or child would 
                be put at risk by the disclosure of such information,'' 
                before ``and that information''; and
                    (C) in subparagraph (B)(i), by striking ``be 
                harmful to the parent or the child'' and inserting 
                ``place the health, safety, or liberty of a parent or 
                child at risk''; and
            (2) in subsection (c)(2), by inserting ``, or to serve as 
        the initiating court in an action to seek an order,'' before 
        ``against a noncustodial''.
    (b) State Plan Requirements.--Section 454(26) of the Social 
Security Act (42 U.S.C. 654(26)) is amended--
            (1) in subparagraph (C), by striking ``result in physical 
        or emotional harm to the party or the child'' and inserting 
        ``place the health, safety, or liberty of a parent or child at 
        risk'';
            (2) in subparagraph (D), by striking ``of domestic violence 
        or child abuse against a party or the child and that the 
        disclosure of such information could be harmful to the party or 
        the child'' and inserting ``that the health, safety, or liberty 
        of a parent or child would be put at risk by the disclosure of 
        such information''; and
            (3) in subparagraph (E), by striking ``of domestic 
        violence'' and all that follows through the semicolon and 
        inserting ``that the health, safety, or liberty of a parent or 
        child would be put at risk by the disclosure of such 
information pursuant to section 453(b)(2), the court shall determine 
whether disclosure to any other person or persons of information 
received from the Secretary could place the health, safety, or liberty 
of a parent or child at risk (if the court determines that disclosure 
to any other person could be harmful, the court and its agents shall 
not make any such disclosure);''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Balanced Budget Act of 
1997 (Public Law 105-33; 111 Stat. 251).

SEC. 3003. BONUS TO BUILD REAL OPPORTUNITIES FOR POOR FAMILIES.

    Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is 
amended by adding at the end the following:
            ``(6) Building opportunities bonus.--
                    ``(A) In general.--The Secretary shall award a 
                grant pursuant to this paragraph to each State for each 
                bonus year for which the State is a high performing 
                State.
                    ``(B) Amount of grant.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Secretary shall determine the amount of the 
                        grant payable under this paragraph to a high 
                        performing State for a bonus year, which shall 
                        be based on the score assigned to the State 
                        under subparagraph (D)(i) for the fiscal year 
                        that immediately precedes the bonus year.
                            ``(ii) Limitation.--The amount payable to a 
                        State under this paragraph for a bonus year 
                        shall not exceed 5 percent of the State family 
                        assistance grant and shall be used to address 
                        the issues set forth in subparagraph (C).
                    ``(C) Criteria for measuring state performance.--
                Not later than 1 year after the date of enactment of 
                this paragraph, the Secretary, in consultation with the 
                National Governor's Association and the Institute for 
                Women's Policy Research, shall develop criteria for 
                measuring State performance in operating the State 
                program funded under this part to address the following 
                issues as they relate to the ability of recipients of 
                assistance under the State program to become 
                economically self-sufficient:
                            ``(i) Child care.--Whether States are--
                                    ``(I) ensuring an adequate supply 
                                of safe, accessible, appropriate, and 
                                quality child care slots;
                                    ``(II) helping women identify and 
                                place children in safe, accessible, 
                                appropriate, and quality child care;
                                    ``(III) ensuring that available 
                                child care slots are filled;
                                    ``(IV) improving the quality of 
                                child care by ensuring that child care 
                                providers are adequately paid and 
                                trained;
                                    ``(V) increasing access to safe, 
                                accessible, appropriate, and quality 
                                child care by making child care 
                                subsidies available to recipients of 
                                assistance under the State program 
                                funded under this part and families 
                                that earn up to 85 percent of the 
                                State's median income;
                                    ``(VI) collaborating with State 
                                child care resource and referral 
                                agencies and child care development 
                                experts in developing and implementing 
                                child care programs and policies; and
                                    ``(VII) collaborating with State 
                                domestic violence coalitions to address 
                                the child care needs of families 
                                affected by domestic violence.
                            ``(ii) Employment.--Whether States are--
                                    ``(I) providing education and 
                                training for recipients of assistance 
                                under the State program under this part 
                                for employment that pays a sustainable 
                                wage, such as apprenticeable, 
                                technical, and professional 
                                occupations, and nontraditional 
                                employment;
                                    ``(II) placing such recipients in 
                                such employment;
                                    ``(III) retaining such recipients 
                                in such employment;
                                    ``(IV) providing career development 
                                assistance for such recipients, 
                                including job readiness training, 
                                reliable, up-to-date career counseling 
                                services, and employability assessments 
                                on available employment that pays a 
                                sustainable wage, and information on 
                                nontraditional training, education 
                                options, and employment opportunities 
                                for women entering welfare-to-work 
                                programs; and
                                    ``(V) utilizing resources available 
                                under title I of the Workforce 
                                Investment Act of 1998 (29 U.S.C. 2801 
                                et seq.), including under section 
                                134(a)(3)(A)(vi)(II) of such Act (29 
                                U.S.C. 2864(a)(3)(A)(vi)(II)), to 
                                support State efforts on education, 
                                training, placement, retention and 
                                career development assistance, as 
                                described in subclauses (I) through 
                                (IV).
                            ``(iii) Domestic violence.--Whether States 
                        are--
                                    ``(I) collaborating with State 
                                domestic violence coalitions in 
                                implementing substantive programs 
                                addressing domestic violence as an 
                                impediment to women's work and 
                                education (such as demonstration and 
                                model projects), programs placing 
                                domestic violence advocates in welfare 
                                offices, and programs providing 
                                employment and support services for 
                                victims of domestic violence that will 
                                reach a substantial number of battered 
                                women;
                                    ``(II) collaborating with State 
                                domestic violence coalitions in 
                                adopting and implementing the option 
                                under the State plan relating to 
                                domestic violence set forth in section 
                                402(a)(7);
                                    ``(III) collaborating with State 
                                domestic violence coalitions in 
                                requiring training on domestic violence 
                                for case workers for the State program 
                                funded under this part;
                                    ``(IV) collaborating with State 
                                domestic violence coalitions in 
                                requiring training on domestic violence 
                                for job training, education, and job 
                                placement programs that are contracted 
                                by the State program funded under this 
                                part and requiring that such programs 
                                implement strategies and programs to 
                                support victims of domestic violence in 
                                the workplace;
                                    ``(V) conducting outreach to 
                                employers of recipients of assistance 
                                to ensure that employers are aware of 
and are implementing strategies and programs to support victims of 
domestic violence in the workplace; and
                                    ``(VI) conducting public education 
                                on domestic violence.
                    ``(D) Scoring of state performance; setting of 
                performance thresholds.--For each bonus year, the 
                Secretary shall--
                            ``(i) use the criteria developed under 
                        subparagraph (C) to assign a score to each 
                        eligible State for the fiscal year that 
                        immediately precedes the bonus year; and
                            ``(ii) prescribe a performance threshold in 
                        such a manner so as to ensure that--
                                    ``(I) the average annual total 
                                amount of grants to be made under this 
                                paragraph for each bonus year equals 
                                $200,000,000; and
                                    ``(II) the total amount of grants 
                                to be made under this paragraph for all 
                                bonus years equals $1,000,000,000.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) Bonus year.--The term `bonus year' 
                        means fiscal years 2001, 2002, 2003, 2004, and 
                        2005.
                            ``(ii) Child care.--The term `child care' 
                        means all programs and arrangements utilized by 
                        parents for the care of children from birth 
                        through age 14, and for the care of children 
                        with special needs who are older than age 14, 
                        including day care services provided by 
                        centers, family day care, group family day 
                        care, informal care, after hours care, and 
                        before- and after-school programs.
                            ``(iii) Child with special needs.--The term 
                        `child with special needs' has the meaning 
                        given the term `child with a disability' in 
                        section 602(3)(A)(i) of the Individuals With 
                        Disabilities Education Act (20 U.S.C. 1401).
                            ``(iv) Domestic violence.--The term 
                        `domestic violence' has the meaning given the 
                        term `battered or subjected to extreme cruelty' 
                        in section 408(a)(7)(C)(iii).
                            ``(v) High performance state.--The term 
                        `high performance State' means, with respect to 
                        a bonus year, an eligible State whose score 
                        assigned pursuant to subparagraph (D)(i) for 
                        the fiscal year immediately preceding the bonus 
                        year equals or exceeds the performance 
                        threshold prescribed under subparagraph (D)(ii) 
                        for such preceding fiscal year.
                            ``(vi) Sustainable wage.--The term 
                        `sustainable wage' means a wage that is at 
                        least 185 percent above the poverty line and 
                        that takes into account costs related to 
                        employment such as Federal, State, and local 
                        taxes, child care, transportation, food, and 
                        shelter costs for a particular geographic area.
                            ``(vii) Nontraditional employment.--The 
                        term `nontraditional employment' means 
                        occupations or fields of work, including 
                        careers in computer science, technology, and 
                        other emerging high skill occupations, for 
                        which individuals from one gender comprise less 
                        than 25 percent of the individuals employed in 
                        each such occupation or field of work.
                            ``(viii) Poverty line.--The term `poverty 
                        line' has the meaning given such term in 
                        section 673(2) of the Community Services Block 
                        Grant Act (42 U.S.C. 9902(2)), including any 
                        revision required by such section.
                    ``(F) Appropriation.--Out of any money in the 
                Treasury of the United States not otherwise 
                appropriated, there are appropriated for fiscal years 
                2001 through 2005, $1,000,000,000 for grants under this 
                paragraph.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 4001. GRANTS TO COMBAT VIOLENCE AGAINST WOMEN.

    (a) Ensuring Adequate Tribal Law Enforcement Grants on Violence 
Against Women.--Section 2002(b)(1) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(b)(1)) is amended by 
striking ``4 percent'' and inserting ``5 percent''.
    (b) Coalition Grants.--
            (1) In general.--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--
                    (A) by striking the part designation and heading 
                and inserting the following:

        ``PART T--GRANTS TO COMBAT VIOLENCE AGAINST WOMEN''; and

                    (B) by inserting after section 2002 the following:

``SEC. 2002A. STATE COALITION GRANTS.

    ``(a) Definitions.--In this section--
            ``(1) the term `combined United States Territories' means 
        Guam, American Samoa, the United States Virgin Islands, the 
        Northern Mariana Islands, and the Trust Territory of the 
        Pacific Islands;
            ``(2) the term `Indian country' has the meaning given that 
        term in section 1151 of title 18, United States Code;
            ``(3) the term `State' means each of the several States, 
        the District of Columbia, and the Commonwealth of Puerto Rico; 
        and
            ``(4) the term `State coalition' means--
                    ``(A) a State domestic violence coalition funded 
                under section 311(b) of the Family Violence Prevention 
                and Services Act (42 U.S.C. 10410(b));
                    ``(B) a State coalition of sexual assault programs 
                (as defined in section 393B(e) of the Public Health 
                Service Act); and
                    ``(C) an entity that constitutes both a State 
                domestic violence coalition described in subparagraph 
                (A) and a State coalition of sexual assault programs.
    ``(b) Purpose.--The Attorney General shall award grants to State 
coalitions in accordance with this section, which shall be used 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.
    ``(c) Other Awards.--A grant awarded under this subsection does not 
preclude a State coalition from receiving a grant under section 2002.
    ``(d) Allocation.--
            ``(1) In general.--Of the amount made available under 
        section 1001(a)(18) in each fiscal year, 5 percent shall be 
        used for grants under this section.
            ``(2) Geographical distribution.--Of the amount made 
        available under paragraph (1) in each fiscal year--
                    ``(A) \1/54\ shall be available in each State and 
                in the combined United States Territories; and
                    ``(B) \1/54\ shall be available for the 
                establishment and operation of nonprofit, 
                nongovernmental tribal domestic violence and sexual 
                assault coalitions in Indian country.
            ``(3) Disbursement of geographical allotments.--Of the 
        amount made available in each fiscal year in each State, the 
        combined United States Territories, and in Indian country under 
        paragraph (2)--
                    ``(A) 50 percent shall be--
                            ``(i) awarded to the State coalition of 
                        domestic violence programs; or
                            ``(ii) with respect to a State in which a 
                        single entity constitutes both the State 
                        domestic violence coalition and the State 
                        coalition of sexual assault programs, awarded 
                        to that entity and used for domestic violence 
                        program purposes; and
                    ``(B) 50 percent shall be--
                            ``(i) awarded to the State coalition of 
                        sexual assault programs; or
                            ``(ii) with respect to a State described in 
                        subparagraph (A)(ii), awarded to the entity 
                        described in that subparagraph and used for 
                        sexual assault program purposes.''.
            (2) Conforming amendments.--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--
                    (A) in section 2001(b), by striking ``this part'' 
                and inserting ``section 2002'';
                    (B) in section 2002--
                            (i) in each of subsections (a), (c), (d), 
                        (e), (f), (g), and (h), by striking ``this 
                        part'' each place that term appears and 
                        inserting ``this section'';
                            (ii) in subsection (b), by inserting 
                        ``(less the amount reserved under section 
                        2002A(d)(1))''; and
                            (iii) in subsection (f), by striking ``this 
                        subtitle'' and inserting ``this section'';
                    (C) in section 2004(b), by striking ``this part'' 
                each place that term appears and inserting ``section 
                2002'';
                    (D) in section 2005(a)(1), by striking ``this 
                part'' and inserting ``section 2002''; and
                    (E) in section 2006(a), by striking ``this part'' 
                and inserting ``section 2002''.
    (c) Ensuring Tribal Participation in Grants To Encourage Arrest 
Policies.--Section 2101 of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796hh) is amended by adding at the end the 
following:
    ``(d) Disbursement.--Not less than 5 percent of the total amount 
made available to carry out this section in each fiscal year shall be 
used for grants to Indian tribal governments.''.
    (d) Addressing Rural Domestic Violence and Child Abuse on Tribal 
Lands.--Section 40295(c) of the Safe Homes for Women Act of 1994 (42 
U.S.C. 13971(c)) is amended by adding at the end the following:
            ``(3) Disbursement.--Not less than 5 percent of the total 
        amount made available under paragraph (1) in each fiscal year 
        shall be used for grants to Indian tribal governments.''.
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