II

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.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Battered Women’s Economic Security and Safety Act’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—DOMESTIC VIOLENCE PREVENTION

Subtitle A—Housing for Victims of Domestic Violence and Sexual Assault
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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 non213a aliens.

Sec. 1058. Discretionary first time offender waivers for aliens making child

support payments.
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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
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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.

1 SEC. 2. DEFINITIONS.

2 In this Act, except as otherwise expressly provided:

3 (1) DOMESTIC VIOLENCE.—The term ‘‘domestic

4 violence’’ has the meaning given that term in section

5 2105 of the Omnibus Crime Control and Safe

6 Streets Act of 1968 (42 U.S.C. 3796hh–4), as

7 amended by this Act.

8 (2) SEXUAL ASSAULT.—The term ‘‘sexual

9 assault’’—

10 (A) means any conduct proscribed by chap11 ter 109A of title 18, United States Code,

12 whether or not the conduct occurs in the special

13 maritime and territorial jurisdiction of the

14 United States or in a Federal prison; and

15 (B) includes both—

16 (i) assaults committed by offenders

17 who are strangers to the victim; and

18 (ii) assaults committed by offenders

19 who are known to the victim or related by

20 blood or marriage to the victim.

21 (3) STALKING.—The term ‘‘stalking’’ means

22 engaging in a course of conduct directed at a spe-
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1 cific person that would cause a reasonable person

2 under the circumstances to have a fear of death, or

3 bodily injury or sexual assault to the person or a

4 member of the immediate family of the person, if—

5 (A) the individual engaging in such con6 duct has knowledge or should have knowledge

7 that the conduct will cause the specific person

8 to have that fear; and

9 (B) the conduct causes the specific person

10 to have that fear.

11 TITLE I—DOMESTIC VIOLENCE

12 PREVENTION

13 Subtitle A—Housing for Victims of

14 Domestic Violence and Sexual

15 Assault

16 SEC. 1001. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Domestic Violence

18 and Sexual Assault Victims’ Housing Act’’.

19 SEC. 1002. FINDINGS.

20 Congress makes the following findings:

21 (1) Access to housing can prevent domestic vio22 lence and mitigate its effects. The connection be23 tween domestic violence and housing is over24 whelming. Of all homeless women and children, 50

25 percent are fleeing domestic violence.
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1 (2) Among cities surveyed, 44 percent identified

2 domestic violence as a primary cause of homeless3 ness.

4 (3) Women’s poverty levels aggravate the prob5 lems of homelessness and domestic violence. Two out

6 of 3 poor adults are women. Female-headed house7 holds are 6 times poorer than male-headed house8 holds. In 1996, of the 7,700,000 poor families in the

9 country, 4,100,000 of them were single female-head10 ed households. In addition, 5,100,000 poor women

11 who are not in families are poor.

12 (4) Almost 50 percent of the women who re13 ceive assistance under the State program funded

14 under part A of title IV of the Social Security Act

15 (42 U.S.C. 601 et seq.) cite domestic violence as a

16 factor in the need for assistance.

17 (5) Many women who flee violence are forced to

18 return to their abusers because of inadequate shelter

19 or lack of money. Even if they leave their abusers

20 to go to a shelter, they often return home because

21 the isolation from familiar surroundings, friends,

22 and neighborhood resources makes them feel even

23 more vulnerable. Shelters and transitional housing

24 facilities are often located far from a domestic vio25 lence victim’s neighborhood. While this placement
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1 may be deliberate to protect domestic violence vic2 tims from their abusers, it can also be intimidating

3 and alienating for a woman to leave her home, com4 munity, cultural support system, and all that she

5 knows for shelter way across town. Thus, women of

6 color and immigrant women are less likely to become

7 shelter residents.

8 (6) Women who do leave their abusers lack

9 emergency shelter options. The overall number of

10 emergency shelter beds for homeless people is esti11 mated to have decreased by an average of 3 percent

12 in 1997 while requests for shelter increased on the

13 average by 3 percent. Emergency shelters struggle to

14 meet the increased need for services with about 32

15 percent of the requests for shelter by homeless fami16 lies going unmet. In fact 88 percent of cities re17 ported having to turn away homeless families from

18 emergency shelters due to inadequate resources for

19 services.

20 (7) Battered women and their children comprise

21 an increasing proportion of the emergency shelter

22 population. Many emergency shelters have strict

23 time limits that require women to find alternative

24 housing immediately forcing them to separate from

25 their children.
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1 (8) A stable, sustainable home base is crucial

2 for women who have left situations of domestic vio3 lence and are learning new job skills, participating

4 in educational programs, working full-time jobs, or

5 searching for adequate child care in order to gain

6 self-sufficiency. Transitional housing resources and

7 services provide a continuum between emergency

8 shelter provision and independent living.

9 SEC. 1003. DEFINITIONS.

10 In this subtitle:

11 (1) DOMESTIC VIOLENCE.—The term ‘‘domestic

12 violence’’ includes acts or threats of violence, or acts

13 of extreme cruelty (as such term is referred to in

14 section 216 of the Immigration and Nationality Act

15 (8 U.S.C. 1186a)), not including acts of self-defense,

16 committed by—

17 (A) a current or former spouse of the vic18 tim;

19 (B) a person with whom the victim shares

20 a child in common;

21 (C) a person who is cohabiting with or has

22 cohabited with the victim;

23 (D) a person who is or has been in a con24 tinuing social relationship of a romantic or inti25 mate nature with the victim;
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1 (E) a person similarly situated to a spouse

2 of the victim under the domestic or family vio3 lence laws of the jurisdiction; or

4 (F) any other person against a victim

5 whom is protected from that person’s acts

6 under the domestic or family violence laws of

7 the jurisdiction.

8 (2) FAMILY VICTIMIZED BY DOMESTIC VIO9 LENCE, STALKING, OR SEXUAL ASSAULT.—

10 (A) IN GENERAL.—The term ‘‘family vic11 timized by domestic violence, stalking, or sexual

12 assault’’—

13 (i) means a family or household that

14 includes an individual who has been deter15 mined under subparagraph (B) to have

16 been a victim of domestic violence, stalk17 ing, or sexual assault, except that, if the

18 individual determined under subparagraph

19 (B) to be a victim has not attained the age

20 of 18 years, the family or household must

21 also include a parent, stepparent, legal

22 guardian, or other responsible caretaker

23 for the minor; and
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1 (ii) does not include any individual

2 who committed the domestic violence,

3 stalking, or sexual assault.

4 (B) DETERMINATION THAT FAMILY OR IN5 DIVIDUAL WAS A VICTIM OF DOMESTIC VIO6 LENCE, STALKING, OR SEXUAL ASSAULT.—For

7 purposes of subparagraph (A), a determination

8 by under this subparagraph is a determination

9 by an agency or official of a State, Indian tribe,

10 tribal organization, or unit of general local gov11 ernment that domestic violence, stalking, or

12 sexual assault has been committed, which deter13 mination is based on—

14 (i) information provided by a medical,

15 legal, counseling, or other clinic, shelter,

16 sexual assault program or other program

17 or entity licensed, recognized, or author18 ized by the State, Indian tribe, tribal orga19 nization, or unit of general local govern20 ment to provide services to victims of do21 mestic violence, stalking, or sexual assault;

22 (ii) information provided by any agen23 cy of the State, Indian tribe, tribal organi24 zation, unit of general local government, or

25 qualified, nonprofit, nongovernmental orga-
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1 nization that provides or administers the

2 provision of social, medical, legal, or health

3 services;

4 (iii) information provided by any cler5 gy;

6 (iv) information provided by any hos7 pital, clinic, medical facility, or doctor li8 censed or authorized by the State, Indian

9 tribe, tribal organization, or unit of general

10 local government to provide medical serv11 ices;

12 (v) a petition, application, or com13 plaint filed in any State, Federal, or tribal

14 court or administrative agency, documents

15 or records of action or decision of any

16 court, law enforcement agency, or adminis17 trative agency, including any record of any

18 protective order, injunction, or temporary

19 or final order issued by civil or criminal

20 courts, any self-petition or any police re21 port; or

22 (vi) any other reliable evidence that

23 domestic violence, stalking, or sexual as24 sault has occurred.
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1 (C) SUFFICIENCY OF VICTIM STATE2 MENT.—In making a determination under sub3 paragraph (B), the sworn statement of a victim

4 that domestic violence, stalking, or sexual as5 sault has occurred shall be sufficient unless the

6 agency or official has an independent, reason7 able basis to find the individual not credible.

8 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’

9 has the meaning given that term in section 2002(3)

10 of the Omnibus Crime Control and Safe Streets Act

11 of 1968 (42 U.S.C. 3796gg–2(3)).

12 (4) QUALIFIED, NONPROFIT, NONGOVERN13 MENTAL ORGANIZATION.—The term ‘‘qualified, non14 profit, nongovernmental organization’’ means a pri15 vate organization that—

16 (A) is organized, or has as 1 of its primary

17 purposes, to provide emergency shelter, transi18 tional housing, or permanent housing for vic19 tims of domestic violence, stalking, or sexual as20 sault or is a medical, legal, counseling, social,

21 psychological, health, job training, educational,

22 life skills development, or other clinical services

23 program for victims of domestic violence, stalk24 ing, or sexual assault that undertakes a collabo25 rative project with a qualified, nonprofit, non-
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1 governmental organization that primarily pro2 vides emergency shelter, transitional housing, or

3 permanent housing for low-income people;

4 (B) is organized under State, tribal, or

5 local laws;

6 (C) has no part of its net earnings inuring

7 to the benefit of any member, shareholder,

8 founder, contributor, or individual;

9 (D) is approved by the Secretary as to fi10 nancial responsibility; and

11 (E) demonstrates experience in providing

12 services to victims of domestic violence, stalk13 ing, or sexual assault.

14 (5) SECRETARY.—The term ‘‘Secretary’’ means

15 the Secretary of Housing and Urban Development.

16 (6) SEXUAL ASSAULT.—The term ‘‘sexual

17 assault’’—

18 (A) means any conduct proscribed by chap19 ter 109A of title 18, United States Code,

20 whether or not the conduct occurs in the special

21 maritime and territorial jurisdiction of the

22 United States, on an Indian reservation, or in

23 a Federal prison; and

24 (B) includes—
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1 (i) both assaults committed by offend2 ers who are strangers to the victims and

3 assaults committed by offenders who are

4 known to the victims or related by blood or

5 marriage to the victim; and

6 (ii) assaults against both adults and

7 children.

8 (7) STALKING.—The term ‘‘stalking’’ means

9 engaging in a course of conduct directed at a spe10 cific person that would cause a reasonable person to

11 fear death, sexual assault, or bodily injury to himself

12 or herself or a member of his or her immediate fam13 ily, when the person engaging in such conduct has

14 knowledge or should have knowledge that the spe15 cific person will be placed in reasonable fear of

16 death, sexual assault, or bodily injury to himself or

17 herself or a member of his or her immediate family

18 and when the conduct induces fear in the specific

19 person of death, sexual assault, or bodily injury to

20 himself or herself or a member of his or her imme21 diate family.

22 (8) STATE.—The term ‘‘State’’ means the

23 States of the United States, the District of Colum24 bia, the Commonwealth of Puerto Rico, the Com25 monwealth of the Northern Mariana Islands, Guam,
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1 the Virgin Islands, American Samoa, and any other

2 territory or possession of the United States.

3 (9) TRANSITIONAL HOUSING.—The term ‘‘tran4 sitional housing’’ includes short-term housing and

5 has the meaning given the term in subchapter IV,

6 part C of the Stewart B. McKinney Homeless As7 sistance Act (42 U.S.C. 11384(b)).

8 (10) TRIBAL ORGANIZATION.—The term ‘‘tribal

9 organization’’ means a private, nonprofit, non10 governmental, or tribally chartered organization—

11 (A) whose primary purpose is to provide

12 emergency shelter, transitional housing, or per13 manent housing or supportive services to indi14 viduals or families victimized by domestic vio15 lence, stalking, or sexual assault;

16 (B) that operates within the exterior

17 boundaries of an Indian reservation; and

18 (C) whose board of directors reflects the

19 population served.

20 (11) UNIT OF GENERAL LOCAL GOVERN21 MENT.—The term ‘‘unit of general local govern22 ment’’ has the meaning given that term in section

23 102(a) of the Housing and Community Development

24 Act of 1974 (42 U.S.C. 5302(a)).
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1 SEC. 1004. HOUSING ASSISTANCE FOR VICTIMS OF DOMES2 TIC VIOLENCE, STALKING, OR SEXUAL AS3 SAULT.

4 (a) IN GENERAL.—

5 (1) SUPPORTIVE HOUSING.—The additional

6 amounts authorized under section 2005 to be made

7 available under section 429 of the Stewart B.

8 McKinney Homeless Assistance Act (42 U.S.C.

9 11389) shall be used by the Secretary only to assist

10 qualified, nonprofit, nongovernmental organizations

11 in providing supportive housing (as such term is re12 ferred to in subchapter IV of part C of the Stewart

13 B. McKinney Homeless Assistance Act (42 U.S.C.

14 11384)), tenant-based rental assistance, financial as15 sistance for security deposit, first month’s rent, or

16 ongoing rental assistance on behalf of individuals or

17 families victimized by domestic violence, stalking, or

18 sexual assault who have left or who are leaving a

19 residence as a result of the domestic violence, stalk20 ing, or sexual assault.

21 (2) REQUIREMENTS FOR RECIPIENTS.—Each

22 recipient of assistance under this subtitle shall—

23 (A) supplement the assistance provided

24 under this subsection with a 25 percent match

25 of funds for supportive services (as such term

26 is referred to in subchapter IV of part C of the
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1 Stewart B. McKinney Homeless Assistance Act

2 (42 U.S.C. 11385)) from sources other than

3 this subsection; and

4 (B) certify to the Secretary its compliance

5 with this subsection, which certification shall in6 clude a description of the sources and amounts

7 of such supplemental funds.

8 (b) DETERMINATION.—For purposes of subsection

9 (a), an individual or a family victimized by domestic vio10 lence, stalking, or sexual assault shall be considered to

11 have left or to be leaving a residence as a result of domes12 tic violence, stalking, or sexual assault if the qualified,

13 nonprofit, nongovernmental organization providing sup14 port, including tenant-based rental assistance, financial

15 assistance for security deposit, first month’s rent, or ongo16 ing rental assistance under subsection (a) determines that

17 the individual or member of the family who was a victim

18 of the domestic violence, stalking, or sexual assault rea19 sonably believes that relocation from such residence will

20 assist in avoiding future domestic violence, stalking, or

21 sexual assault against such individual or another member

22 of the family.

23 (c) ALLOCATION.—

24 (1) NATIONAL COMPETITION.—Subject to para25 graphs (2) and (3), the amount made available to
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1 carry out this subtitle in each fiscal year shall be al2 located by the Secretary on the basis of a national

3 competition among the qualified, nonprofit, non4 governmental organizations that submit applications

5 to the Secretary that best demonstrate a need for

6 such assistance, including the extent of service pro7 vided to underserved populations (as defined in sec8 tion 2003(7) of the Omnibus Crime Control and

9 Safe Streets Act of 1968 (42 U.S.C. 3796gg–2(7)))

10 and the ability to undertake and carry out a pro11 gram under subsection (a), as the Secretary shall

12 determine.

13 (2) INDIAN ASSISTANCE.—Of the amount made

14 available to carry out this subtitle in each fiscal

15 year, not less than 5 percent shall be used for grants

16 to Indian tribes or Indian tribal organizations that

17 provide emergency shelter, transitional housing, or

18 permanent housing or supportive services to individ19 uals or families victimized by domestic violence,

20 stalking, or sexual assault. An Indian tribe or Indian

21 tribal organization that receives a grant with the

22 amount set-aside under this paragraph may apply

23 for and receive other any other grant under this sub24 title.

25 (3) REALLOCATION.—
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1 (A) IN GENERAL.—If, at the end of the

2 6th month of any fiscal year for which amounts

3 are made available to carry out this subtitle,

4 the amount appropriated has not been made

5 available to a qualified, nonprofit, nongovern6 mental organization under subsection (a), the

7 Secretary shall allocate such amount to quali8 fied, nonprofit, nongovernmental organizations

9 that are eligible for funding under subchapter

10 IV of part C of the Stewart B. McKinney

11 Homeless Assistance Act (42 U.S.C. 11381 et

12 seq.).

13 (B) AVAILABILITY.—Any amount reallo14 cated under subparagraph (A) shall remain

15 available for expenditure until the last day of

16 the fiscal year following the fiscal year during

17 which the amount becomes available for re18 allocation under this paragraph.

19 SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.

20 To carry out this subtitle, the authorization of appro21 priations under section 429(a) of the Stewart B. McKin22 ney Homeless Assistance Act (42 U.S.C. 11389(a)) shall

23 be increased by $50,000,000 for fiscal year 2000 and by

24 such sums as may be necessary for each of fiscal years

25 2000 through 2004.
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1 Subtitle B—Full Faith and Credit

2 for Protection Orders

3 SEC. 1011. FULL FAITH AND CREDIT FOR PROTECTION OR4 DERS.

5 (a) IN GENERAL.—Subsection 2265 of title 18,

6 United States Code, is amended—

7 (1) in subsection (a)—

8 (A) by striking ‘‘Any protection’’ and in9 serting the following:

10 ‘‘(1) IN GENERAL.—Any protection order’’; and

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

12 ‘‘(2) ENFORCEMENT BY TRIBAL COURTS.—

13 ‘‘(A) IN GENERAL.—For purposes of en14 forcement of a protection order described in

15 subsection (a), a tribal court may exercise civil

16 and criminal jurisdiction over any person, with17 out regard to whether that person is an Indian

18 or non-Indian, who violates a protection order

19 within the jurisdiction of the tribal court, if the

20 exercise of jurisdiction is authorized under title

21 II of the Civil Rights Act of 1968 (25 U.S.C.

22 1301 et seq.).

23 ‘‘(B) HABEAS CORPUS REVIEW.—The exer24 cise of criminal jurisdiction under this para25 graph is subject to Federal court habeas corpus
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1 review under section 203 of the Civil Rights Act

2 of 1968 (25 U.S.C. 1302) after tribal court

3 remedies are exhausted.

4 ‘‘(3) PRESUMPTION OF VALIDITY.—For pur5 poses of Federal, State, and tribal law enforcement,

6 a protection order issued by a Federal, State, or

7 tribal court shall be presumed to be valid.’’;

8 (2) in subsection (b)—

9 (A) by redesignating paragraphs (1) and

10 (2) as subparagraphs (A) and (B), respectively,

11 and indenting accordingly;

12 (B) by striking ‘‘In the case of’’ and in13 serting the following:

14 ‘‘(2) EX PARTE ORDERS.—In the case of’’;

15 (C) by striking ‘‘A protection order’’ and

16 inserting the following:

17 ‘‘(1) IN GENERAL.—A protection order’’; and

18 (D) by adding at the end the following:

19 ‘‘(3) TRIBAL COURT ORDERS.—For purposes of

20 paragraph (1), a Federal, State, or tribal court may

21 not refuse to enforce a tribal court order on the

22 grounds that the tribal court lacks jurisdiction over

23 the defendant because of the status of the defendant

24 as a non-Indian or an Indian who is not a member

25 of the Indian tribe.’’; and
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1 (3) by adding at the end the following:

2 ‘‘(d) RULES OF CONSTRUCTION.—Nothing in this

3 section may be construed—

4 ‘‘(1) to require the prior filing or registration of

5 a protection order in the enforcing State or tribal

6 government in order to secure enforcement pursuant

7 to subsection (a);

8 ‘‘(2) to permit an enforcing State or tribal gov9 ernment to notify the party against whom the order

10 has been made that a protection order has been reg11 istered or filed in that State or tribal government;

12 or

13 ‘‘(3) to require notification of the party against

14 whom the order was made in order to secure en15 forcement by a law enforcement officer pursuant to

16 subsection (a).’’.

17 (b) DEFINITIONS.—Section 2266 of title 18, United

18 States Code, is amended—

19 (1) by designating the first 6 undesignated

20 paragraphs as paragraphs (1) through (6), respec21 tively;

22 (2) in each of paragraphs (1) through (4), as

23 so designated, by striking the period at the end and

24 inserting a semicolon;

25 (3) in paragraph (3), as so designated—
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1 (A) by inserting ‘‘issued pursuant to State

2 or tribal divorce and child custody laws’’ after

3 ‘‘custody orders’’; and

4 (B) by inserting before the period at the

5 end the following: ‘‘, and includes any related

6 child custody or visitation order’’; and

7 (4) in paragraph (5), as so designated, by strik8 ing the period at the end and inserting ‘‘; and’’.

9 SEC. 1012. GRANT PROGRAM.

10 (a) IN GENERAL.—The Attorney General may award

11 grants to assist States, Indian tribal governments, and

12 units of local government to develop and strengthen effec13 tive law enforcement and recordkeeping strategies to assist

14 States, Indian tribal governments, and units of local gov15 ernment to enforce protective orders issued by other

16 States, Indian tribal governments, or units of local govern17 ment.

18 (b) USES OF FUNDS.—

19 (1) IN GENERAL.—Grants awarded under this

20 section shall be used to provide training and en21 hanced technology compatible with existing law en22 forcement systems including the National Crime In23 formation Center to enforce protection orders.

24 (2) USES OF FUNDS.—Amounts received under

25 this section may be used to train law enforcement,
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1 prosecutors, court personnel, victim service pro2 viders, and others responsible for the enforcement of

3 protection orders, and to develop, install, or expand

4 data collection and communication systems, includ5 ing computerized systems, linking police, prosecu6 tors, and courts for the purpose of identifying and

7 tracking protection orders and violations of protec8 tion orders and training.

9 (3) GRANTS TO TRIBAL GOVERNMENTS.—Not

10 less than 50 percent of the amount made available

11 under subsection (c) in each fiscal year shall be used

12 for grants to Indian tribal governments.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section,

15 $10,000,000 for each of fiscal years 2000 through 2004.

16 Subtitle C—Victims of Abuse

17 Insurance Protection

18 SEC. 1021. SHORT TITLE.

19 This subtitle may be cited as the ‘‘Victims of Abuse

20 Insurance Protection Act’’.

21 SEC. 1022. DEFINITIONS.

22 In this subtitle:

23 (1) ABUSE.—The term ‘‘abuse’’ means the oc24 currence of 1 or more of the following acts by a cur-
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1 rent or former household or family member, intimate

2 partner, or caretaker:

3 (A) Attempting to cause or causing an4 other person bodily injury, physical harm, sub5 stantial emotional distress, psychological trau6 ma, rape, sexual assault, or involuntary sexual

7 intercourse.

8 (B) Engaging in a course of conduct or re9 peatedly committing acts toward another per10 son, including following the person without

11 proper authority and under circumstances that

12 place the person in reasonable fear of bodily in13 jury or physical harm.

14 (C) Subjecting another person to false im15 prisonment or kidnapping.

16 (D) Attempting to cause or causing dam17 age to property so as to intimidate or attempt

18 to control the behavior of another person.

19 (2) HEALTH CARRIER.—The term ‘‘health car20 rier’’ means a person that contracts or offers to con21 tract on a risk-assuming basis to provide, deliver, ar22 range for, pay for or reimburse any of the cost of

23 health care services, including a sickness and acci24 dent insurance company, a health maintenance orga25 nization, a nonprofit hospital and health service cor-
26

•S 1069 IS

1 poration or any other entity providing a plan of

2 health insurance, health benefits or health services.

3 (3) INSURED.—The term ‘‘insured’’ means a

4 party named on a policy, certificate, or health ben5 efit plan, including an individual, corporation, part6 nership, association, unincorporated organization or

7 any similar entity, as the person with legal rights to

8 the benefits provided by the policy, certificate, or

9 health benefit plan. For group insurance, such term

10 includes a person who is a beneficiary covered by a

11 group policy, certificate, or health benefit plan. For

12 life insurance, the term refers to the person whose

13 life is covered under an insurance policy.

14 (4) INSURER.—The term ‘‘insurer’’ means any

15 person, reciprocal exchange, inter insurer, Lloyds in16 surer, fraternal benefit society, or other legal entity

17 engaged in the business of insurance, including

18 agents, brokers, adjusters, and third party adminis19 trators. The term also includes health carriers,

20 health benefit plans, and life, disability, and prop21 erty and casualty insurers.

22 (5) POLICY.—The term ‘‘policy’’ means a con23 tract of insurance, certificate, indemnity, suretyship,

24 or annuity issued, proposed for issuance or intended
27

•S 1069 IS

1 for issuance by an insurer, including endorsements

2 or riders to an insurance policy or contract.

3 (6) SUBJECT OF ABUSE.—The term ‘‘subject of

4 abuse’’ means—

5 (A) a person against whom an act of abuse

6 has been directed;

7 (B) a person who has prior or current in8 juries, illnesses, or disorders that resulted from

9 abuse; or

10 (C) a person who seeks, may have sought,

11 or had reason to seek medical or psychological

12 treatment for abuse, protection, court-ordered

13 protection, or shelter from abuse.

14 SEC. 1023. DISCRIMINATORY ACTS PROHIBITED.

15 (a) IN GENERAL.—No insurer may, directly or indi16 rectly, engage in any of the following acts or practices on

17 the basis that the applicant or insured, or any person em18 ployed by the applicant or insured or with whom the appli19 cant or insured is known to have a relationship or associa20 tion, is, has been, or may be the subject of abuse or has

21 incurred or may incur abuse-related claims:

22 (1) Denying, refusing to issue, renew or reissue,

23 or canceling or otherwise terminating an insurance

24 policy or health benefit plan.
28

•S 1069 IS

1 (2) Restricting, excluding, or limiting insurance

2 coverage for losses or denying a claim, except as oth3 erwise permitted or required by State laws relating

4 to life insurance beneficiaries.

5 (3) Adding a premium differential to any insur6 ance policy or health benefit plan.

7 (b) PROHIBITION ON LIMITATION ON CLAIMS.—No

8 insurer may, directly or indirectly, deny or limit payment

9 of a claim incurred by an innocent insured as a result of

10 abuse.

11 (c) PROHIBITION ON TERMINATION.—

12 (1) IN GENERAL.—No insurer or health carrier

13 may terminate health coverage for a subject of abuse

14 because coverage was originally issued in the name

15 of the abuser and the abuser has divorced, separated

16 from, or lost custody of the subject of abuse or the

17 abuser’s coverage has terminated voluntarily or in18 voluntarily and the subject of abuse does not qualify

19 for an extension of coverage under part 6 of subtitle

20 B of title I of the Employee Retirement Income Se21 curity Act of 1974 (29 U.S.C. 1161 et seq.) or sec22 tion 4980B of the Internal Revenue Code of 1986.

23 (2) PAYMENT OF PREMIUMS.—Nothing in para24 graph (1) shall be construed to prohibit the insurer

25 from requiring that the subject of abuse pay the full
29

•S 1069 IS

1 premium for the subject’s coverage under the health

2 plan if the requirements are applied to all insured

3 of the health carrier.

4 (3) EXCEPTION.—An insurer may terminate

5 group coverage to which this subsection applies after

6 the continuation coverage period required by this

7 subsection has been in force for 18 months if it of8 fers conversion to an equivalent individual plan.

9 (4) CONTINUATION COVERAGE.—The continu10 ation of health coverage required by this subsection

11 shall be satisfied by any extension of coverage under

12 part 6 of subtitle B of title I of the Employee Re13 tirement Income Security Act of 1974 (29 U.S.C.

14 1161 et seq.) or section 4980B of the Internal Rev15 enue Code of 1986 provided to a subject of abuse

16 and is not intended to be in addition to any exten17 sion of coverage otherwise provided for under such

18 part 6 or section 4980B.

19 (d) USE OF INFORMATION.—

20 (1) LIMITATION.—

21 (A) IN GENERAL.—In order to protect the

22 safety and privacy of subjects of abuse, no per23 son employed by or contracting with an insurer

24 or health benefit plan may—
30

•S 1069 IS

1 (i) use, disclose, or transfer informa2 tion relating to abuse status, acts of abuse,

3 abuse-related medical conditions or the ap4 plicant’s or insured’s status as a family

5 member, employer, or associate, person in

6 a relationship with a subject of abuse for

7 any purpose unrelated to the direct provi8 sion of health care services unless such

9 use, disclosure, or transfer is required by

10 an order of an entity with authority to reg11 ulate insurance or an order of a court of

12 competent jurisdiction; or

13 (ii) disclose or transfer information

14 relating to an applicant’s or insured’s loca15 tion or telephone number or the location

16 and telephone number of a shelter for sub17 jects of abuse, unless such disclosure or

18 transfer—

19 (I) is required in order to provide

20 insurance coverage; and

21 (II) does not have the potential

22 to endanger the safety of a subject of

23 abuse.

24 (B) RULE OF CONSTRUCTION.—Nothing in

25 this paragraph may be construed to limit or
31

•S 1069 IS

1 preclude a subject of abuse from obtaining the

2 subject’s own insurance records from an in3 surer.

4 (2) AUTHORITY OF SUBJECT OF ABUSE.—A

5 subject of abuse, at the absolute discretion of the

6 subject of abuse, may provide evidence of abuse to

7 an insurer for the limited purpose of facilitating

8 treatment of an abuse-related condition or dem9 onstrating that a condition is abuse-related. Nothing

10 in this paragraph shall be construed as authorizing

11 an insurer or health carrier to disregard such pro12 vided evidence.

13 SEC. 1024. INSURANCE PROTOCOLS FOR SUBJECTS OF

14 ABUSE.

15 Insurers shall develop and adhere to written policies

16 specifying procedures to be followed by employees, con17 tractors, producers, agents and brokers for the purpose

18 of protecting the safety and privacy of a subject of abuse

19 and otherwise implementing this subtitle when taking an

20 application, investigating a claim, or taking any other ac21 tion relating to a policy or claim involving a subject of

22 abuse.

23 SEC. 1025. REASONS FOR ADVERSE ACTIONS.

24 An insurer that takes an action that adversely affects

25 a subject of abuse, shall advise the subject of abuse appli-
32

•S 1069 IS

1 cant or insured of the specific reasons for the action in

2 writing. For purposes of this section, reference to general

3 underwriting practices or guidelines shall not constitute

4 a specific reason.

5 SEC. 1026. LIFE INSURANCE.

6 Nothing in this subtitle shall be construed to prohibit

7 a life insurer from declining to issue a life insurance policy

8 if the applicant or prospective owner of the policy is or

9 would be designated as a beneficiary of the policy, and

10 if—

11 (1) the applicant or prospective owner of the

12 policy lacks an insurable interest in the insured; or

13 (2) the applicant or prospective owner of the

14 policy is known, on the basis of police or court

15 records, to have committed an act of abuse against

16 the proposed insured.

17 SEC. 1027. SUBROGATION WITHOUT CONSENT PROHIBITED.

18 Subrogation of claims resulting from abuse is prohib19 ited without the informed consent of the subject of abuse.

20 SEC. 1028. ENFORCEMENT.

21 (a) FEDERAL TRADE COMMISSION.—

22 (1) IN GENERAL.—The Federal Trade Commis23 sion shall have the power to examine and investigate

24 any insurer to determine whether such insurer has
33

•S 1069 IS

1 been or is engaged in any act or practice prohibited

2 by this subtitle.

3 (2) CEASE AND DESIST ORDERS.—If the Fed4 eral Trade Commission determines an insurer has

5 been or is engaged in any act or practice prohibited

6 by this subtitle, the Commission may take action

7 against such insurer by the issuance of a cease and

8 desist order as if the insurer was in violation of sec9 tion 5 of the Federal Trade Commission Act. Such

10 cease and desist order may include any individual re11 lief warranted under the circumstances, including

12 temporary, preliminary, and permanent injunctive

13 and compensatory relief.

14 (b) PRIVATE CAUSE OF ACTION.—

15 (1) IN GENERAL.—An applicant or insured who

16 believes that the applicant or insured has been ad17 versely affected by an act or practice of an insurer

18 in violation of this subtitle may maintain an action

19 against the insurer in a Federal or State court of

20 original jurisdiction.

21 (2) RELIEF.—Upon proof of such conduct by a

22 preponderance of the evidence in an action described

23 in paragraph (1), the court may award appropriate

24 relief, including temporary, preliminary, and perma25 nent injunctive relief and compensatory and punitive
34

•S 1069 IS

1 damages, as well as the costs of suit and reasonable

2 fees for the aggrieved individual’s attorneys and ex3 pert witnesses.

4 (3) STATUTORY DAMAGES.—With respect to

5 compensatory damages in an action described in

6 paragraph (1), the aggrieved individual may elect, at

7 any time prior to the rendering of final judgment, to

8 recover in lieu of actual damages, an award of statu9 tory damages in the amount of $5,000 for each vio10 lation.

11 SEC. 1029. EFFECTIVE DATE.

12 This subtitle shall apply with respect to any action

13 taken on or after the date of enactment of this Act, except

14 that section 2024 shall only apply to actions taken after

15 the expiration of 60 days after such date of enactment.

16 Subtitle D—Access to Safety and

17 Advocacy

18 SEC. 1031. SHORT TITLE.

19 This subtitle may be cited as the ‘‘Access to Safety

20 and Advocacy Act’’.

21 SEC. 1032. PURPOSE.

22 The purpose of this subtitle is to enhance safety and

23 justice for victims of domestic violence throughout the

24 United States through improved access to the justice sys25 tem and improved legal assistance.
35

•S 1069 IS

1 SEC. 1033. DEFINITIONS.

2 In this subtitle:

3 (1) DOMESTIC VIOLENCE PROGRAM.—The term

4 ‘‘domestic violence program’’ means a nonprofit,

5 nongovernmental organization, the primary purpose

6 of which is to provide advocacy on behalf of and

7 comprehensive services to victims of domestic vio8 lence, including—

9 (A) crisis hotlines;

10 (B) shelter or safe homes;

11 (C) transitional housing;

12 (D) task forces or coordinating councils;

13 (E) food assistance;

14 (F) counseling;

15 (G) systems advocacy;

16 (H) transportation;

17 (I) safety planning;

18 (J) information and referral; and

19 (K) legal advocacy and representation.

20 (2) ELIGIBLE GRANTEE.—The term ‘‘eligible

21 grantee’’ means any—

22 (A) domestic violence program;

23 (B) State, tribal, or local bar association;

24 (C) law school clinical program;

25 (D) nonprofit legal service;

26 (E) court-based pro se program;
36

•S 1069 IS

1 (F) bar association or domestic violence

2 legal information and referral service or hotline;

3 or

4 (G) State or tribal coalition of domestic vi5 olence programs.

6 (3) LAW SCHOOL PROGRAM.—The term ‘‘law

7 school program’’ means an internship, externship,

8 clinic, or other legal representation program or ini9 tiative located at an accredited school of law which

10 has as its primary purpose the provision of legal rep11 resentation, information, or assistance to victims of

12 domestic violence directed at stopping the violence,

13 enhancing victim safety, achieving economic justice,

14 or protecting child victims of domestic violence.

15 (4) LEGAL ASSISTANCE.—The term ‘‘legal as16 sistance’’ includes—

17 (A) direct representation of and assistance

18 to victims of domestic violence in any civil ac19 tion, administrative proceeding, criminal case in

20 which the defendant advances a claim of duress

21 or a defense of self or other, or clemency pro22 ceeding, from intake through adjudication, en23 forcement, and appeal, directed at stopping the

24 violence, enhancing victim safety, assuring eco-
37

•S 1069 IS

1 nomic protection and well-being, and protecting

2 child victims of domestic violence; and

3 (B) legal advocacy, including issue identi4 fication, safety planning, evaluating options,

5 policy analysis, representation enhancement,

6 outreach activities, accompaniment, informa7 tion, directories, and referral, monitoring the

8 civil and criminal justice process, and coordi9 nating among legal, social, and health care sys10 tems, offered by personnel of domestic violence

11 programs, that is directed at stopping the vio12 lence, enhancing victim safety, assuring eco13 nomic protection and well-being, or protecting

14 child victims of domestic violence.

15 (5) NONPROFIT DIRECT LEGAL SERVICES.—The

16 term ‘‘nonprofit direct legal services’’ means a non17 profit legal organization that has as its primary pur18 pose the provision of legal assistance persons on a

19 no-cost, sliding scale, deferred payment or fixed fee

20 basis on civil or criminal legal matters and which

21 provides specialized representation to victims of do22 mestic violence directed at stopping the violence, en23 hancing victim safety, achieving economic justice, or

24 protecting child victims of domestic violence.
38

•S 1069 IS

1 (6) PRO BONO PROGRAM.—The term ‘‘pro bono

2 program’’ means a program affiliated with a State,

3 tribal, or local court, bar association, nonprofit di4 rect legal services organization or a domestic vio5 lence program that offers no-cost representation,

6 legal educational programs or information and refer7 ral services to victims of domestic violence directed

8 at stopping the violence, enhancing victim safety,

9 achieving economic justice, or protecting child vic10 tims of domestic violence.

11 (7) PRO SE PROGRAM.—The term ‘‘pro se pro12 gram’’ means a program based in a State, tribal, or

13 local court, a nonprofit direct legal services organiza14 tion, or a domestic violence program, in order to as15 sist victims of domestic violence—

16 (A) in preparation and filing of court

17 pleadings, forms, memos, proposed orders, and

18 related documents, in effecting service and in

19 representation of themselves in any civil or ad20 ministrative matters or proceedings directed at

21 stopping the violence, enhancing victim safety,

22 achieving economic justice, or protecting child

23 victims of domestic violence;

24 (B) to develop comprehensive safety plans;

25 and
39

•S 1069 IS

1 (C) to offer information and referral serv2 ices.

3 (8) STATE.—The term ‘‘State’’ means the

4 States of the United States, the District of Colum5 bia, the Commonwealth of Puerto Rico, the Com6 monwealth of the Northern Mariana Islands, Guam,

7 the Virgin Islands, American Samoa, and any other

8 territory or possession of the United States.

9 (9) STATE, TRIBAL, OR LOCAL BAR ASSOCIA10 TION.—The term ‘‘State, tribal, or local bar associa11 tion’’ means a State, tribal, or local association of

12 attorneys of a specified geographic area whose mem13 bers are licensed to practice in the jurisdiction or ju14 risdictions, as applicable, and that offers informa15 tion, referral, or pro bono legal services to victims of

16 domestic violence related to civil actions, administra17 tive proceedings and criminal defense directed at

18 stopping the violence, enhancing victim safety,

19 achieving economic justice, or protecting child vic20 tims of domestic violence.

21 (10) STATE COALITION OF DOMESTIC VIOLENCE

22 PROGRAMS.—The term ‘‘State coalition of domestic

23 violence programs’’ means a private, nonprofit state24 wide membership organization of domestic violence

25 programs that, among other activities, provides
40

•S 1069 IS

1 training and technical assistance to domestic vio2 lence programs within the State, Commonwealth,

3 territory, or lands under Federal military or tribal

4 authority.

5 (11) TRIBAL COALITION OF DOMESTIC VIO6 LENCE PROGRAMS.—The term ‘‘tribal coalition of

7 domestic violence programs’’ means a private non8 profit coalition whose membership includes rep9 resentatives from a majority of the programs for vic10 tims of domestic violence operating within the

11 boundaries of an Indian reservation and programs

12 whose primary purpose is serving the population of

13 such Indian country, and whose board membership

14 is representative of such programs.

15 (12) TRIBAL ORGANIZATION.—The term ‘‘tribal

16 organization’’ means a tribally chartered organiza17 tion operating within the boundaries of an Indian

18 reservation whose governing body reflects the popu19 lations served.

20 SEC. 1034. GRANT PROGRAM.

21 (a) GRANT AUTHORITY.—The Attorney General may

22 award grants to eligible grantees in accordance with this

23 section, which shall be used to further the health, safety,

24 and economic needs of victims of domestic violence, re25 gardless of the race, ethnicity, gender, sexual orientation,
41

•S 1069 IS

1 religion, or immigration status of those victims, through

2 the provision of legal assistance to those victims.

3 (b) APPLICATION REQUIREMENTS.—

4 (1) IN GENERAL.—Subject to paragraph (2), in

5 order to receive a grant under this section, an eligi6 ble grantee shall—

7 (A) with respect to any eligible grantee de8 scribed in subparagraphs (B) through (F) of

9 section 2033(2), include documentation of an

10 ongoing partnership and working relationship

11 with a domestic violence program or State or

12 tribal coalition of domestic violence programs;

13 (B) demonstrate a history of providing di14 rect legal or advocacy services in a manner that

15 is accountable to the community served; and

16 (C) certify in writing that—

17 (i) any person providing direct legal

18 representation or advocacy through a pro19 gram funded under this section has com20 pleted training on domestic violence law

21 and practice;

22 (ii) any training program conducted in

23 satisfaction of the requirement of clause (i)

24 will be developed with input from and in

25 collaboration with a domestic violence pro-
42

•S 1069 IS

1 gram or State of tribal coalition of domes2 tic violence programs;

3 (iii) the applicant agency will, to the

4 maximum extent practicable, petition for

5 the shifting of litigation costs to the

6 abuser;

7 (iv) the applicant agency does not re8 quire clients to engage in mediation or en9 courage mediation in domestic violence

10 cases or related civil matters;

11 (v) any person providing direct legal

12 representation or advocacy through a pro13 gram funded under this section has in14 formed the appropriate State or tribal do15 mestic violence coalitions of their work and

16 participates in any statewide networking

17 among legal assistance providers to victims

18 of domestic violence; and

19 (vi) the applicant agency’s policies

20 and practices do not encourage victims to

21 seek or obtain the insurance of mutual or22 ders of protection.

23 (2) WAIVER.—
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•S 1069 IS

1 (A) IN GENERAL.—The Attorney General

2 may waive the requirements of paragraph (1)

3 for good cause, if the applicant—

4 (i) is seeking a grant to fund activities

5 described in paragraphs (1) through (5) of

6 subsection (c);

7 (ii) cannot meet all of the conditions

8 described in clauses (i) through (vi) of

9 paragraph (1)(C); and

10 (iii) demonstrates a commitment to

11 improved access to the justice system for

12 victims of domestic violence.

13 (B) APPLICATION FOR WAIVER.—An eligi14 ble grantee seeking a waiver under this para15 graph shall submit to the Attorney General an

16 application that—

17 (i) contains a certification by the ap18 plicant’s chief executive officer or its des19 ignee that the applicant is seeking a waiver

20 under this paragraph; and

21 (ii) describes plans to further the pur22 poses as stated in paragraphs (1) through

23 (6) of subsection (c).

24 (c) PURPOSES.—Grants awarded under this section

25 may be used to—
44

•S 1069 IS

1 (1) enhance the availability and quality of legal

2 representation to victims of domestic violence in civil

3 actions, criminal defense, administrative pro4 ceedings, and other courts;

5 (2) strengthen and expand legal advocacy pro6 grams for victims of domestic violence;

7 (3) encourage the development of partnerships

8 between domestic violence programs and the full

9 spectrum of legal representation and advocacy pro10 grams, including—

11 (A) private practitioners;

12 (B) government and public sector attor13 neys;

14 (C) direct legal services programs;

15 (D) bar associations;

16 (E) legal hotlines; and

17 (F) law school programs;

18 (4) increase the participation of the private bar

19 in pro bono and low-cost representation of and as20 sistance to victims of domestic violence;

21 (5) improve judicial and administrative han22 dling of cases involving victims of domestic violence;

23 and
45

•S 1069 IS

1 (6) improve legal education on domestic vio2 lence in law schools and in continuing professional

3 education programs.

4 (d) MATCHING REQUIREMENT.—The Attorney Gen5 eral may not award a grant to an eligible grantee under

6 this section unless the eligible grantee agrees that, with

7 respect to the costs to be incurred by the eligible grantee

8 in carrying out the program for which the grant was

9 awarded, the State will make available (directly or through

10 donations from public or private entities) non-Federal con11 tributions in an amount not to exceed 20 percent of Fed12 eral funds provided under the grant, except that grantees

13 who are nonprofit, nongovernmental organizations shall be

14 exempt from this matching requirement.

15 (e) NONSUPPLANTATION.—Federal funds received

16 under this section shall be used to supplement, not sup17 plant, other Federal and non-Federal funds that would

18 otherwise be available for expenditure on activities de19 scribed in this section. Amounts made available under this

20 section may be used to fund new programs or to expand

21 or enhance existing programs.
46

•S 1069 IS

1 SEC. 1035. PROVISION OF TECHNICAL ASSISTANCE AND

2 TRAINING.

3 The Attorney General may provide, either directly or

4 through contract or other arrangements with 1 or more

5 other entities—

6 (1) technical assistance to further the purpose

7 of this subtitle, including—

8 (A) consultation to and problem-solving

9 with any grantee related to the implementation

10 of grants;

11 (B) litigation support for advocates, attor12 neys, and grantee programs, including the es13 tablishment of an archive and database related

14 to trial memos, briefs, and case law on civil, ad15 ministrative, and criminal matters on domestic

16 violence;

17 (C) the development of materials to assist

18 in the education of legal advocates, law stu19 dents, and attorneys on providing services to

20 victims of domestic violence and their children;

21 (D) the development of information pack22 ets on mentoring programs for building the ca23 pacity of advocates and attorneys to enhance

24 the quality of services to victims of domestic vi25 olence;
47

•S 1069 IS

1 (E) the identification of promising prac2 tices for partnerships between direct legal serv3 ices programs, the private bar, and law schools

4 with domestic violence programs to enhance

5 legal advocacy and representation of victims of

6 domestic violence and their children; and the

7 development of protocols or program guidelines

8 for partnership initiatives; and

9 (F) the development of statewide databases

10 and a national clearinghouse and database re11 lating to the provision of advocacy and rep12 resentation for victims of domestic violence; and

13 (2) training to further the purpose of this sub14 title, including—

15 (A) training to educate legal advocates and

16 attorneys about stopping the violence, enhanc17 ing victim safety, achieving economic justice,

18 and protecting child victims and witnesses of

19 domestic violence, including—

20 (i) the identification and development

21 of training materials on an array of civil,

22 administrative, and criminal issues related

23 to domestic violence; and

24 (ii) the provision of site, regional, or

25 national consultations and training of ad-
48

•S 1069 IS

1 vocates, attorneys, or law faculty on do2 mestic violence advocacy and representa3 tion; and

4 (B) training relating to—

5 (i) legal strategies and practice issues

6 in civil, administrative, and criminal cases

7 and in enforcement proceedings relating to

8 domestic violence;

9 (ii) safety planning for victims and

10 their children;

11 (iii) statutory, regulatory, and case

12 law which affect or protect victims of do13 mestic violence and their children;

14 (iv) coordinating efforts in civil, crimi15 nal, administrative, and other proceedings

16 affecting a victim of domestic violence or

17 the victim’s family;

18 (v) developing partnerships for advo19 cacy and representation for victims of do20 mestic violence; and

21 (vi) creating multidisciplinary, com22 munity-based approaches to enhance legal

23 advocacy and representation in justice24 seeking efforts for victims of domestic vio25 lence.
49

•S 1069 IS

1 SEC. 1036. EVALUATION.

2 The Attorney General may evaluate impact of the

3 grants awarded under this subtitle through contract or

4 other arrangement with 1 or more other entities that have

5 expertise in domestic violence and evaluation research.

6 SEC. 1037. FUNDING.

7 (a) IN GENERAL.—There are authorized to be appro8 priated to carry out this subtitle—

9 (1) $30,000,000 for fiscal year 2000;

10 (2) $44,000,000 for fiscal year 2001; and

11 (3) $57,000,000 for fiscal year 2002.

12 (b) ALLOCATION.—Of the amount made available

13 under this section in each fiscal year—

14 (1) not less than 70 percent shall be used for

15 grants for legal assistance programs under section

16 2034;

17 (2) not more than 15 percent shall be used to

18 provide technical assistance and training under sec19 tion 2035;

20 (3) not more than 5 percent shall be used for

21 evaluation under section 2036;

22 (4) not more than 5 percent shall be used for

23 the costs of administration; and

24 (5) not less than 5 percent shall be used for

25 grants to tribal organizations.
50

•S 1069 IS

1 (c) ASSISTANCE TO STATE OR TRIBAL DOMESTIC VI2 OLENCE COALITIONS.—Any grant awarded under this

3 subtitle to a tribal organization or a State or tribal domes4 tic violence coalition shall be in addition to any assistance

5 made available to the tribal organization or State or tribal

6 domestic violence coalition under the Violence Against

7 Women Act of 1994 or any provision of law amended by

8 that Act.

9 Subtitle E—Battered Women’s

10 Shelters and Services

11 SEC. 1041. SHORT TITLE.

12 This subtitle may be cited as the ‘‘Battered Women’s

13 Shelters and Services Act’’.

14 SEC. 1042. FAMILY VIOLENCE PREVENTION AND SERVICES

15 IMPROVEMENTS.

16 (a) STATE DEMONSTRATION GRANTS.—

17 (1) APPLICATION.—Section 303(a)(2)(C) of the

18 Family Violence Prevention and Services Act (42

19 U.S.C. 10402(a)(2)(C)) is amended by striking

20 ‘‘populations underserved because of ethnic, racial,

21 cultural, language diversity or geographic isolation;’’

22 and inserting ‘‘populations underserved because of

23 race, ethnicity, age, disability, sexual orientation, re24 ligion, alien status, geographic location (including

25 rural isolation), or language barriers, and any other
51

•S 1069 IS

1 populations determined by the Secretary to be un2 derserved;’’.

3 (2) TRIBAL DOMESTIC VIOLENCE COALI4 TIONS.—Section 303(b) of the Family Violence Pre5 vention and Services Act (42 U.S.C. 10402(b)) is

6 amended—

7 (A) by redesignating paragraphs (2) and

8 (3) as subparagraphs (B) and (C), respectively;

9 (B) in the matter preceding subparagraph

10 (B), as redesignated in subparagraph (A) of

11 this paragraph, by striking ‘‘of such amounts to

12 make grants’’ and inserting the following: ‘‘of

13 such amounts to make grants under paragraphs

14 (2) and (3).

15 ‘‘(2)(A) Using amounts made available under para16 graph (1), the Secretary shall make grants’’;

17 (C) in subparagraph (B), as redesignated

18 in subparagraph (A) of this paragraph—

19 (i) by striking ‘‘this subsection’’ each

20 place it appears and inserting ‘‘this para21 graph’’; and

22 (ii) by striking ‘‘paragraph (1)’’ and

23 inserting ‘‘this paragraph’’; and

24 (D) by adding at the end the following:
52

•S 1069 IS

1 ‘‘(3)(A) Using not less than 5 percent of the amounts

2 made available under paragraph (1), the Secretary shall

3 make grants to tribal domestic violence coalitions.

4 ‘‘(B) To be eligible to receive a grant under this para5 graph, an entity shall be a private nonprofit coalition—

6 ‘‘(i) whose membership includes representatives

7 from—

8 ‘‘(I) a majority of the programs for victims

9 of domestic violence operating within the

10 boundaries of an Indian reservation; and

11 ‘‘(II) programs whose primary purpose is

12 serving the populations of an area of Indian

13 country; and

14 ‘‘(ii) that has a governing board whose member15 ship represents the programs described in clause (i).

16 ‘‘(C) A coalition that receives a grant under this

17 paragraph shall use the funds made available through the

18 grant to further the purposes of domestic violence inter19 vention and prevention through activities including—

20 ‘‘(i) providing training and technical assistance

21 for local Indian domestic violence programs pro22 viding shelter or related assistance and providers of

23 direct services to encourage appropriate responses to

24 domestic violence in Indian country;
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1 ‘‘(ii) planning and conducting needs assess2 ments and planning for comprehensive services to

3 address domestic violence in Indian country;

4 ‘‘(iii) serving as an information clearinghouse

5 and resource center for the Indian reservation rep6 resented by the coalition receiving the funds;

7 ‘‘(iv) collaborating with Indian, State, and Fed8 eral governmental entities that affect victims of do9 mestic violence in Indian country, including judicial,

10 law enforcement, and child protective services agen11 cies, to encourage appropriate responses to domestic

12 violence cases;

13 ‘‘(v) conducting public education and outreach

14 activities addressing domestic violence in Indian

15 country;

16 ‘‘(vi) collaborating with State domestic violence

17 coalitions in carrying out the activities described in

18 clauses (i) through (v); and

19 ‘‘(vii) participating in planning and monitoring

20 the distribution of grants and grant funds to tribes

21 and organizations under paragraph (2).’’.

22 (3) DENIAL OF APPLICATION.—Section 303 of

23 the Family Violence Prevention and Services Act (42

24 U.S.C. 10402) is amended by adding at the end the

25 following:
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1 ‘‘(g) The Secretary shall deny any State or tribal ap2 plication submitted under this section that fails to provide

3 documentation, including a memorandum of under4 standing, of the specific involvement of the appropriate

5 State or tribal domestic violence coalition and other knowl6 edgeable individuals and interested organizations, in the

7 development of the State or tribal application.’’.

8 (b) STATE MINIMUM; REALLOTMENT.—Section 304

9 of the Family Violence Prevention and Services Act (42

10 U.S.C. 10403) is amended—

11 (1) in subsection (a)—

12 (A) in the matter preceding paragraph

13 (1)—

14 (i) by striking ‘‘for grants to States’’

15 and inserting ‘‘and available for grants to

16 States under section 303(a)’’;

17 (ii) by inserting after ‘‘grant author18 ized under section 303(a)’’ the following:

19 ‘‘$500,000, with the remaining funds to be

20 allotted to each State in’’; and

21 (iii) by striking ‘‘such sums’’ and in22 serting ‘‘such remaining funds’’; and

23 (B) by striking ‘‘except that—’’ and all

24 that follows and inserting ‘‘except that Guam,

25 American Samoa, the United States Virgin Is-
55

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1 lands, the Commonwealth of the Northern Mar2 iana Islands, and the combined Freely Associ3 ated States shall each be allotted not less than

1 4 ⁄8 of 1 percent of the amounts available for

5 grants under section 303(a) for the fiscal year

6 for which the allotment is made.’’;

7 (2) in subsection (c), in the first sentence, by

8 inserting ‘‘and available’’ before ‘‘for grants’’; and

9 (3) in subsection (d)—

10 (A) in paragraph (1), by inserting before

11 the period the following: ‘‘, in proportion to the

12 original allotments made to the States for such

13 year’’;

14 (B) by redesignating paragraph (2) as

15 paragraph (3);

16 (C) by inserting before paragraph (3) the

17 following:

18 ‘‘(2) If, at the end of the sixth month of a fiscal year

19 for which sums are appropriated under section 310—

20 ‘‘(A) the entire portion of such sums that is

21 made available for grants under section 303(b) has

22 not been distributed to Indian tribes and organiza23 tions described in section 303(b) in grants because

24 of the failure of 1 or more of the tribes or organiza-
56

•S 1069 IS

1 tions to meet the requirements for such a grant, the

2 Secretary shall—

3 ‘‘(i) use the remainder of the portion to

4 make grants under section 303(b) to Indian

5 tribes and organizations who meet the require6 ments; and

7 ‘‘(ii) make the grants in proportion to the

8 original grants made to the tribes and organiza9 tions under section 303(b) for such year;

10 ‘‘(B) the amount allotted to an entity under

11 section 311 has not been made available to such en12 tity in grants under section 311 because of the fail13 ure of such entity to meet the requirements for a

14 grant or because a limitation on expenditure has

15 been reached, the Secretary shall—

16 ‘‘(i) use the amount to make allotments

17 and grants under subsections (a) and (b) of

18 section 303 and section 304 to States, Indian

19 tribes, and other organizations who meet the re20 quirements of those sections; and

21 ‘‘(ii) make the allotments and grants in

22 proportion to the original allotments and grants

23 made to the States, tribes, and organizations

24 under subsections (a) and (b) of section 303

25 and section 304 for such year; and
57

•S 1069 IS

1 ‘‘(C) the entire portion of such sums that is

2 made available for grants under section 308 has not

3 been distributed to entities described in section 308

4 in grants because of the failure of 1 or more of the

5 entities to meet the requirements for such a grant

6 or because a limitation on expenditure has been

7 reached, the Secretary shall—

8 ‘‘(i) use the remainder of the portion to

9 make allotments and grants under subsections

10 (a) and (b) of section 303 and section 304 to

11 States, Indian tribes, and other organizations

12 who meet the requirements of those sections;

13 and

14 ‘‘(ii) make the allotments and grants in

15 proportion to the original allotments and grants

16 made to the States, tribes, and organizations

17 under subsections (a) and (b) of section 303

18 and section 304 for such year.’’; and

19 (D) in paragraph (3) (as redesignated in

20 subparagraph (A))—

21 (i) by inserting ‘‘or distribution under

22 paragraph (2)’’ after ‘‘paragraph (1)’’; and

23 (ii) by striking ‘‘for reallotment’’ and

24 inserting ‘‘for reallotment or distribution’’.
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1 (c) CONFORMING AMENDMENT.—The last sentence

2 of section 306 of the Family Violence Prevention and

3 Services Act (42 U.S.C. 10405) is amended by inserting

4 ‘‘or section 303(g)’’ before the period.

5 (d) RESOURCE CENTERS.—Section 308 of the Fam6 ily Violence Prevention and Services Act (42 U.S.C.

7 10407) is amended—

8 (1) in subsection (a)(2)—

9 (A) by striking the following:

10 ‘‘(2) GRANTS.—From the amounts’’ and insert11 ing the following:

12 ‘‘(2) GRANTS.—

13 ‘‘(A) CENTERS.—From the amounts’’;

14 (B) by inserting ‘‘on providing informa15 tion, training, and technical assistance’’ after

16 ‘‘focusing’’; and

17 (C) by adding at the end the following:

18 ‘‘(B) INITIATIVES.—From such amounts,

19 the Secretary may award grants to private non20 profit organizations for information, training,

21 and technical assistance initiatives in the sub22 ject areas identified in subsection (c), if—

23 ‘‘(i) such initiatives do not duplicate

24 the activities of the entities operating the
59

•S 1069 IS

1 special issue resource centers provided for

2 in subsection (c); and

3 ‘‘(ii) the total amounts awarded for all

4 such initiatives do not exceed $500,000.’’;

5 (2) in subsection (c)—

6 (A) in the matter preceding paragraph (1),

7 by striking ‘‘and shall specialize’’ and all that

8 follows through ‘‘law:’’ and inserting ‘‘on

9 emerging issues in domestic violence service,

10 prevention, or law, and shall specialize in at

11 least 1 of the following areas:’’; and

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

13 ‘‘(8) Providing technical assistance and training

14 to local entities carrying out domestic violence pro15 grams that provide shelter or related assistance.

16 ‘‘(9) Improving access to services, information,

17 and training, concerning family violence, within In18 dian tribes and Indian tribal agencies.

19 ‘‘(10) Responding to emerging issues in the

20 field of family violence that the Secretary may iden21 tify in consultation with advocates for local entities

22 carrying out domestic violence programs that provide

23 shelter or related assistance, State and tribal domes24 tic violence coalitions, and national domestic violence

25 organizations.’’;
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•S 1069 IS

1 (3) in subsection (d)(4), by inserting ‘‘in the

2 case of an entity seeking to establish and maintain

3 a resource center,’’ after ‘‘(4)’’;

4 (4) in subsection (e)—

5 (A) by inserting before ‘‘Not’’ the fol6 lowing:

7 ‘‘(1) REPORTS AFTER RECEIPT.—’’; and

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

9 ‘‘(2) REPORTS BY GRANT RECIPIENTS.—

10 ‘‘(A) IN GENERAL.—Not later than 90

11 days after the date of enactment of the Bat12 tered Women’s Shelters and Services Act, each

13 recipient of a grant under this section shall pre14 pare and submit to the Secretary a report that

15 contains—

16 ‘‘(i) an evaluation of the effectiveness

17 of the activities carried out by the recipient

18 with funds received under such grant; and

19 ‘‘(ii) such other information as the

20 Secretary may prescribe.

21 ‘‘(B) NOTICE AND PUBLIC COMMENT.—Be22 fore renewing any grant under this section for

23 a recipient, the Secretary shall publish in the

24 Federal Register a copy of the report submitted

25 by the recipient under this paragraph and allow
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1 not less than 90 days for notice of and oppor2 tunity for public comment on the published re3 port.’’; and

4 (5) by adding at the end the following:

5 ‘‘(h) MULTIPLE GRANTS.—Nothing in this section

6 shall prohibit the Secretary from making multiple grants

7 to any private nonprofit entity to fulfill the objectives of

8 this section.’’.

9 (e) DEFINITIONS.—Section 309 of the Family Vio10 lence Prevention and Services Act (42 U.S.C. 10408) is

11 amended—

12 (1) in paragraph (1)(B), by inserting ‘‘, with

13 whom such person is or has been in a social relation14 ship of a romantic or intimate nature,’’ before ‘‘or

15 with whom’’;

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

17 ‘‘(7) The term ‘Indian country’ has the mean18 ing given the term in section 1151 of title 18,

19 United States Code.’’; and

20 (3) in paragraph (6), by striking ‘‘the Virgin Is21 lands, the Northern Mariana Islands, and the Trust

22 Territory of the Pacific Islands’’ and inserting ‘‘the

23 United States Virgin Islands, the Commonwealth of

24 the Northern Mariana Islands, and the combined

25 Freely Associated States’’.
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1 (f) FUNDS FOR STATE DOMESTIC VIOLENCE COALI2 TIONS.—Section 310(d) of the Family Violence Prevention

3 and Services Act (42 U.S.C. 10409(d)) is amended—

4 (1) by striking ‘‘not less than’’ and inserting

5 ‘‘the lesser of $22,000,000 and’’; and

6 (2) by adding at the end the following: ‘‘For

7 any fiscal year for which the amount of funds made

8 available under this subsection exceeds $11,000,000,

9 the Secretary shall reserve not more than 20 percent

10 of the funds made available under this subsection.

11 The Secretary shall make the reserved funds avail12 able to State and tribal domestic violence coalitions

13 and entities carrying out domestic violence programs

14 that provide shelter or related assistance to carry

15 out activities under sections 319 through 321 or to

16 carry out other priority activities, as determined by

17 the Secretary in consultation with State and tribal

18 domestic violence coalitions and entities carrying out

19 domestic violence programs that provide shelter or

20 related assistance.’’.

21 (g) STATE DOMESTIC VIOLENCE COALITION GRANT

22 ACTIVITIES.—Section 311 of the Family Violence Preven23 tion and Services Act (42 U.S.C. 10410) is amended—

24 (1) in subsection (a)(4), by striking ‘‘under25 served racial, ethnic or language-minority popu-
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1 lations’’ and inserting ‘‘underserved populations de2 scribed in section 303(a)(2)(C)’’; and

3 (2) in subsection (c), by striking ‘‘the U.S. Vir4 gin Islands, the Northern Mariana Islands, and the

5 Trust Territory of the Pacific Islands’’ and inserting

6 ‘‘the United States Virgin Islands, the Common7 wealth of the Northern Mariana Islands, and the

8 Freely Associated States’’.

9 SEC. 1043. MODEL LEADERSHIP GRANTS; DIRECT EMER10 GENCY ASSISTANCE; TECHNICAL ASSISTANCE

11 AND TRAINING.

12 Title III of the Family Violence Prevention and Serv13 ices Act (42 U.S.C. 10401 et seq.) is amended by adding

14 at the end the following:

15 ‘‘SEC. 319. MODEL LEADERSHIP GRANTS FOR DOMESTIC VI16 OLENCE INTERVENTION IN UNDERSERVED

17 COMMUNITIES.

18 ‘‘(a) GRANTS.—

19 ‘‘(1) IN GENERAL.—The Secretary shall award

20 grants to develop and implement model community

21 intervention strategies to address domestic violence

22 in underserved populations.

23 ‘‘(2) LIMITATIONS.—In awarding grants under

24 paragraph (1), the Secretary shall award grants to

25 not more than 10 State and tribal domestic violence
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1 coalitions and to not more than 10 local entities that

2 carry out domestic violence programs providing shel3 ter or related assistance.

4 ‘‘(3) PURPOSES.—Grants awarded under para5 graph (1) shall be used for—

6 ‘‘(A) assessing the needs of underserved

7 populations in the State or area of Indian coun8 try involved;

9 ‘‘(B) building collaborative relationships

10 between the grant recipients and community11 based organizations serving underserved popu12 lations; and

13 ‘‘(C) developing and implementing model

14 community intervention strategies to decrease

15 the incidence of domestic violence in under16 served populations.

17 ‘‘(4) PERIODS.—The Secretary shall award

18 grants under paragraph (1) for periods of not more

19 than 3 years.

20 ‘‘(b) ELIGIBILITY.—

21 ‘‘(1) INITIAL ELIGIBILITY.—To be eligible for

22 an initial year of funding through a grant awarded

23 under subsection (a)(1), an applicant shall—

24 ‘‘(A) submit to the Secretary an applica25 tion containing an acceptable plan for assessing
65

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1 the needs of underserved populations for the

2 model community intervention strategies de3 scribed in subsection (a)(3), and identifying a

4 specific population for development of such an

5 intervention strategy, in the first year of the

6 grant; and

7 ‘‘(B) demonstrate to the Secretary inclu8 sion of representatives from community-based

9 organizations serving underserved populations,

10 in planning, designing, and disseminating the

11 needs assessment under subparagraph (A).

12 ‘‘(2) CONTINUED ELIGIBILITY.—To be eligible

13 for continued funding for not more than 2 additional

14 years through a grant awarded under subsection

15 (a)(1), a recipient of funding for the initial year

16 shall submit to the Secretary an application

17 containing—

18 ‘‘(A) a plan for implementing the interven19 tion strategy, and specifying collaborative rela20 tionships with community-based organizations

21 serving the identified underserved population to

22 be supported under the grant; and

23 ‘‘(B) a plan for disseminating the interven24 tion strategy throughout the State or area of

25 Indian country involved and, at the option of
66

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1 the recipient, to other States, in the third year

2 of the grant.

3 ‘‘(c) PRIORITY FOR COLLABORATIVE FUNDING.—

4 ‘‘(1) IN GENERAL.—In awarding grants under

5 subsection (a)(1), the Secretary shall give priority to

6 State and tribal domestic violence coalitions, and

7 local entities that carry out domestic violence pro8 grams, that submit applications in collaboration with

9 community-based organizations serving underserved

10 populations.

11 ‘‘(2) AMOUNTS.—The Secretary shall award

12 grants under subsection (a)(1) to coalitions and enti13 ties described in paragraph (1) in amounts of not

14 less than $100,000 per fiscal year.

15 ‘‘(d) DEFINITION.—The term ‘underserved popu16 lation’ has the meaning given the term in section 2003

17 of the Omnibus Crime Control and Safe Streets Act of

18 1968 (42 U.S.C. 3796gg–2).

19 ‘‘SEC. 320. DIRECT EMERGENCY ASSISTANCE TO VICTIMS

20 OF DOMESTIC VIOLENCE.

21 ‘‘(a) IN GENERAL.—The Secretary shall award

22 grants to State and tribal domestic violence coalitions for

23 the purpose of enabling the coalitions to provide emer24 gency assistance, through an emergency assistance fund
67

•S 1069 IS

1 administered by the coalitions, for victims of domestic vio2 lence.

3 ‘‘(b) USE OF FUNDS.—

4 ‘‘(1) PROVISION OF ASSISTANCE.—A State or

5 tribal domestic violence coalition that receives a

6 grant under subsection (a) may use funds received

7 through the grant only to provide emergency

8 assistance—

9 ‘‘(A) directly to victims of domestic vio10 lence who are in the process of fleeing an abu11 sive situation; or

12 ‘‘(B) to such victims through entities that

13 carry out domestic violence programs providing

14 shelter or related assistance and that request

15 such assistance on behalf of victims.

16 ‘‘(2) EMERGENCY ASSISTANCE.—Emergency as17 sistance provided with such funds may include trans18 portation, housing, and payment of other expenses

19 associated with relocation.

20 ‘‘(c) APPLICATION.—To be eligible to receive a grant

21 under subsection (a), a State or tribal domestic violence

22 coalition shall submit to the Secretary an application at

23 such time, in such manner, and containing such informa24 tion as the Secretary may require, including—
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1 ‘‘(1) a detailed description of the process that

2 the coalition will use to receive and review applica3 tions for the emergency assistance;

4 ‘‘(2) a detailed description of the process that

5 the coalition will use for notifying entities that carry

6 out domestic violence programs described in sub7 section (b)(1)(B) about the availability of emergency

8 assistance under this section;

9 ‘‘(3) an application form for the applications

10 described in paragraph (1) that requires applicants

11 for emergency assistance to specify the type of as12 sistance requested from the coalition, a statement of

13 need for the assistance, a statement about the im14 pact of the assistance on a victim’s ability to escape

15 domestic violence, and such other information as

16 would be helpful in disbursing emergency assistance;

17 ‘‘(4) a description of the process that the coali18 tion will use to make payments to recipients of the

19 assistance; and

20 ‘‘(5) a statement of procedures the coalition will

21 use to protect the confidentiality of information re22 lating to the identity of the recipients.

23 ‘‘(d) REPORTS.—The State or tribal domestic vio24 lence coalition shall annually prepare and submit to the

25 Secretary a report describing the distribution of emer-
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•S 1069 IS

1 gency assistance to victims of domestic violence under this

2 section, analyzing the distribution by type and amount of

3 assistance provided. For reasons of safety and confiden4 tiality, such reports shall not contain information that al5 lows the identification of individual victims.

6 ‘‘SEC. 321. TECHNICAL ASSISTANCE AND TRAINING FOR

7 STATE, LOCAL, AND TRIBAL DOMESTIC VIO8 LENCE PROGRAMS.

9 ‘‘(a) IN GENERAL.—The Secretary shall award

10 grants to State and tribal domestic violence coalitions for

11 the purpose of providing training and technical assistance

12 for State and tribal domestic violence coalitions and other

13 nonprofit, nongovernmental entities carrying out State,

14 local, and tribal domestic violence programs.

15 ‘‘(b) USE OF FUNDS.—A State or tribal domestic vio16 lence coalition that receives a grant under subsection (a)

17 shall use funds received through the grant to develop and

18 implement regional training and technical assistance ini19 tiatives within a region served by a regional office of the

20 Department of Health and Human Services. In imple21 menting the initiatives, the coalition shall use the funds

22 to prioritize, plan, and implement solutions to regional

23 problems experienced by State and tribal domestic violence

24 coalitions, and entities carrying out domestic violence pro-
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1 grams providing shelter or related assistance, within the

2 region.

3 ‘‘(c) COLLABORATIVE EFFORTS.—To the extent

4 practicable, the coalition shall implement the initiatives in

5 collaboration with advocates and organizations that assist

6 domestic violence victims and that operate outside of the

7 region, and with the national resource center and special

8 issue resource centers established in section 308, in order

9 to obtain the expertise of the advocates, organizations, and

10 centers in delivering training and technical assistance

11 within the region.

12 ‘‘(d) ELIGIBILITY.—To be eligible to receive a grant

13 under subsection (a), a State or tribal domestic violence

14 coalition shall—

15 ‘‘(1) be a nonprofit, nongovernmental State or

16 tribal domestic violence coalition;

17 ‘‘(2) demonstrate to the Secretary that a major18 ity of State and tribal domestic violence coalitions

19 within the region to be served support the selection

20 of the coalition to receive the grant; and

21 ‘‘(3) have its principal place of operation within

22 the region.

23 ‘‘(e) APPLICATION.—To be eligible to receive a grant

24 under subsection (a), a State or tribal domestic violence

25 coalition shall submit an application to the Secretary at
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1 such time, in such manner, and containing such informa2 tion as the Secretary may require.

3 ‘‘(f) CONSTRUCTION.—Nothing in this section shall

4 be construed to prohibit entities that carry out domestic

5 violence programs serving Indian tribes from receiving

6 technical assistance and training under this section.

7 ‘‘(g) REPORTS.—The State or tribal domestic vio8 lence coalition shall annually prepare and submit to the

9 Secretary a report describing the entities receiving train10 ing and technical assistance from the coalition under this

11 section, and the type of technical assistance and training

12 received.’’.

13 SEC. 1044. AUTHORIZATION OF APPROPRIATIONS FOR FAM14 ILY VIOLENCE PREVENTION AND SERVICES.

15 (a) IN GENERAL.—Section 310(a) of the Family Vio16 lence Prevention and Services Act (42 U.S.C. 10409(a))

17 is amended to read as follows:

18 ‘‘(a) IN GENERAL.—There are authorized to be ap19 propriated to carry out this title—

20 ‘‘(1) $120,000,000 for fiscal year 2000;

21 ‘‘(2) $160,000,000 for fiscal year 2001;

22 ‘‘(3) $200,000,000 for fiscal year 2002;

23 ‘‘(4) $260,000,000 for fiscal year 2003; and

24 ‘‘(5) $260,000,000 for fiscal year 2004.’’.
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1 (b) INFORMATION AND TECHNICAL ASSISTANCE

2 CENTERS.—Section 310(c) of the Family Violence Preven3 tion and Services Act (42 U.S.C. 10409(c)) is amended

4 by inserting before ‘‘5 percent shall’’ the following: ‘‘the

5 lesser of $7,500,000 and’’.

6 Subtitle F—Battered Immigrant

7 Women’s Economic Security and

8 Safety

9 SEC. 1051. PURPOSES.

10 The purposes of this subtitle are—

11 (1) to ensure that battered immigrant women

12 and children abused by their United States citizen

13 and lawful permanent resident spouses and parents

14 have access to the public benefits safety net when

15 they flee their abusers;

16 (2) to ensure that children of battered immi17 grant women have the same access to Violence

18 Against Women Act immigration protections as their

19 battered immigrant mothers; and

20 (3) to remove impediments in current law that

21 reduce battered immigrant women’s and children’s

22 access to the Violence Against Women Act’s immi23 gration protections and battered immigrant’s ability

24 to work so that they can sever dependence on their
73

•S 1069 IS

1 abusers and gain economic independence for them2 selves and their children.

3 SEC. 1052. WAIVER OF CERTAIN REMOVAL GROUNDS.

4 Section 237(a)(2)(E) of the Immigration and Nation5 ality Act (8 U.S.C. 1227(a)(2)(E)) is amended by adding

6 at the end the following:

7 ‘‘(iii) WAIVER FOR VICTIMS OF DO8 MESTIC VIOLENCE.—The Attorney General

9 may waive the application of clauses (i)

10 and (ii) in the case of an alien who has

11 been battered or subjected to extreme cru12 elty and was not the primary perpetrator

13 of violence in the relationship—

14 ‘‘(I) upon determination that—

15 ‘‘(aa) the alien was acting in

16 self-defense;

17 ‘‘(bb) the alien was found to

18 have violated a protection order

19 intended to protect the alien; or

20 ‘‘(cc) the alien committed,

21 was convicted of, or pled guilty to

22 committing a crime where there

23 was a connection between the

24 crime and having been battered
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1 or subjected to extreme cruelty;

2 or

3 ‘‘(II) for humanitarian pur4 poses.’’.

5 SEC. 1053. SELF-PETITIONING CHILDREN OF UNITED

6 STATES CITIZENS.

7 Section 204(a)(1)(A) of the Immigration and Nation8 ality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding

9 at the end the following:

10 ‘‘(v) An alien child filing a petition

11 under clause (iv), or who is included in a

12 petition filed under clause (iii) shall con13 tinue to be considered a child for purposes

14 of that clause and section 245, and for

15 purposes of obtaining an immigrant visa

16 under section 203, if, on the date of the

17 filing of the petition, the child was under

18 the age of 21.’’.

19 SEC. 1054. SELF-PETITIONING CHILDREN OF LAWFUL PER20 MANENT RESIDENTS.

21 Section 204(a)(1)(B) of the Immigration and Nation22 ality Act (8 U.S.C. 1154(a)(1)(B)) is amended by adding

23 at the end the following:

24 ‘‘(iv) An alien child filing a petition

25 under clause (iii), or who is included in a
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1 petition filed under clause (ii) shall con2 tinue to be considered a child for purposes

3 of that clause and section 245, and for

4 purposes of obtaining an immigrant visa

5 under section 203, if, on the date of the

6 filing of the petition, the child was under

7 the age of 21.’’.

8 SEC. 1055. TREATMENT OF PETITIONS INCLUDING DERIVA9 TIVE CHILDREN TURNING 21 YEARS OF AGE.

10 Section 204(a)(1) of the Immigration and Nationality

11 Act (8 U.S.C. 1154(a)(1)) is amended—

12 (1) by redesignating subparagraphs (C), (D),

13 (E), (F), (G), and (H) as subparagraphs (D), (E),

14 (F), (G), (H), and (I), respectively; and

15 (2) by inserting after subparagraph (B) the fol16 lowing:

17 ‘‘(C)(i)(I) Any petition described in clause (ii) for a

18 classification of a child that was filed or approved before

19 the date on which the child attained 21 years of age shall

20 be considered, as of such date, if no visa has been issued

21 to the child, a petition filed or approved, as the case may

22 be, for preference status under paragraph (1), (2), or (3)

23 of section 203(a), whichever paragraph is applicable, with

24 the same priority date under such paragraph as the alien

25 child maintained before such date.
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1 ‘‘(II) Any individual described in subclause (I) shall

2 remain eligible for deferred action and work authorization.

3 ‘‘(ii) The petition referred to in clause (i) is a petition

4 filed by an alien parent under subparagraph (A)(iii) or

5 (B)(ii) in which the child is included.’’.

6 SEC. 1056. PROTECTION OF BATTERED CHILDREN AND

7 CHILDREN OF BATTERED IMMIGRANTS FOR

8 CANCELLATION OF REMOVAL OR SUSPEN9 SION OF DEPORTATION.

10 (a) CANCELLATION OF REMOVAL.—Section 240A(b)

11 of the Immigration and Nationality Act (8 U.S.C.

12 1229b(b)) is amended—

13 (1) in paragraph (2), by striking ‘‘The’’ and in14 serting ‘‘Subject to paragraphs (3) and (4), the’’;

15 (2) by redesignating paragraph (3) as para16 graph (5); and

17 (3) by inserting after paragraph (2) the fol18 lowing:

19 ‘‘(3) INCLUSION OF OTHER ALIENS IN CAN20 CELLATION OF REMOVAL APPLICATIONS.—An alien

21 described in paragraph (2) who applies for cancella22 tion of removal under that paragraph may include—

23 ‘‘(A) the alien’s children, sons, or daugh24 ters in the alien’s application and, if the alien

25 is found eligible for cancellation of removal, the
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1 Attorney General may adjust the status of the

2 alien’s children, sons, or daughters, to that of

3 aliens lawfully admitted to permanent residence;

4 or

5 ‘‘(B) the alien’s parent in the application

6 in the case of an application filed by an alien

7 child while under 21 years of age who was bat8 tered or subjected to extreme cruelty by a cit9 izen or lawful permanent resident parent and, if

10 the alien child is found eligible for cancellation,

11 the Attorney General may adjust to the status

12 of lawful permanent residence the status of

13 both the alien child applicant and the alien

14 child’s parent.

15 ‘‘(4) TREATMENT OF CHILDREN UNDER PEND16 ING APPLICATIONS.—An individual shall be consid17 ered a child for purposes of paragraphs (2) and (3)

18 of this subsection or section 244(a)(3) (as in effect

19 before the date of enactment of the Illegal Immigra20 tion Reform and Immigrant Responsibility Act of

21 1996) if, on the date an application was filed by the

22 child or the parent of the child under that para23 graph or section, the child was under the age of

24 21.’’.
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1 (b) INCLUSION OF OTHER ALIENS IN SUSPENSION

2 OF DEPORTATION APPLICATIONS.—An alien applying for

3 suspension of deportation under section 244(a)(3) (as in

4 effect before the date of the enactment of Illegal Immigra5 tion Reform and Immigrant Responsibility Act of 1996)

6 may include—

7 (1) the alien’s children, sons, or daughters in

8 the alien’s application and, if the alien is found eligi9 ble for suspension of deportation, the Attorney Gen10 eral may adjust to the status of lawful permanent

11 residence the status of the alien’s children, sons, or

12 daughters; or

13 (2) the alien’s parent in the application in the

14 case of an application filed by an alien child while

15 under 21 years of age who was battered or subjected

16 to extreme cruelty by a citizen or lawful permanent

17 resident parent and, if the alien child is found eligi18 ble for suspension of deportation, the Attorney Gen19 eral may adjust to the status of lawful permanent

20 residence the status of both the alien child applicant

21 and the alien child’s parent.

22 (c) EFFECTIVE DATE.—Subsection (b) and the

23 amendment made by subsection (a) shall take effect as

24 if included in the enactment of section 304 of the Illegal
79

•S 1069 IS

1 Immigration Reform and Immigrant Responsibility Act of

2 1996 (Public Law 104–208; 110 Stat. 587).

3 SEC. 1057. NONAPPLICABILITY OF SPECIAL RULES RELAT4 ING TO THE TREATMENT OF NON-213A

5 ALIENS.

6 Section 408(f)(6) of the Social Security Act (42

7 U.S.C. 608(f)(6)) is amended—

8 (1) in subparagraph (B), by striking ‘‘or’’ at

9 the end;

10 (2) in subparagraph (C), by striking the period

11 and inserting ‘‘; or’’; and

12 (3) by adding at the end the following:

13 ‘‘(D) described in section 421(f) of the

14 Personal Responsibility and Work Opportunity

15 Reconciliation Act of 1996 (8 U.S.C. 1631(f))

16 but for the fact that the individual is a non17 213A alien.’’.

18 SEC. 1058. DISCRETIONARY FIRST TIME OFFENDER WAIV19 ERS FOR ALIENS MAKING CHILD SUPPORT

20 PAYMENTS.

21 Section 237(a)(2)(E) of the Immigration and Nation22 ality Act (8 U.S.C. 1227(a)(2)(E)), as amended by section

23 1052 of this Act, is further amended by adding at the

24 end the following:
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•S 1069 IS

1 ‘‘(iii) DISCRETIONARY WAIVER OF DE2 PORTATION GROUND FOR FIRST OFFEND3 ERS PAYING COURT ORDERED CHILD SUP4 PORT.—At the sole and unreviewable dis5 cretion of the Attorney General, the Attor6 ney General may waive removal of an alien

7 who is convicted under clause (i), or who

8 is found in violation of a protection order

9 by a determination entered by a court

10 under clause (ii), if—

11 ‘‘(I) the conviction or violation

12 was the alien’s first domestic violence

13 conviction or violation;

14 ‘‘(II) the alien is not otherwise

15 deportable under this paragraph or, if

16 so deportable, has obtained a waiver

17 under this paragraph;

18 ‘‘(III) the waiver of removal

19 under this clause is requested by the

20 person against whom the domestic vi21 olence crime or protection order viola22 tion was committed;

23 ‘‘(IV) the judge determines that

24 granting the waiver will not jeopardize
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•S 1069 IS

1 the safety of the victim or her chil2 dren;

3 ‘‘(V) any ongoing cohabitation

4 with the abuse victim will not be in

5 violation of any court order; and

6 ‘‘(VI) the alien is paying ade7 quate child support to the person

8 against whom the domestic violence

9 crime or protection order violation

10 was committed, except that—

11 ‘‘(aa) if the alien is sepa12 rated from the person against

13 whom the domestic violence crime

14 or the protection order violation

15 was committed, the alien is sub16 ject to a court order requiring

17 the alien to pay child support for

18 any children the alien has in

19 common with the person against

20 whom the alien committed the

21 crime of domestic violence or pro22 tection order violation, and the

23 alien is current on all child sup24 port payments due under such
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•S 1069 IS

1 order or is in compliance with a

2 court-approved payment plan; or

3 ‘‘(bb) if the alien resides in

4 the same household as the person

5 against whom the alien com6 mitted the crime of domestic vio7 lence or protection order viola8 tion, the alien has demonstrated

9 to the immigration judge in the

10 removal proceeding that the alien

11 has been and will continue to

12 provide adequate, ongoing sup13 port for the victim and any chil14 dren in common, if the parties

15 have children in common.

16 ‘‘(VII) ADEQUATE SUPPORT DE17 TERMINED UNDER APPLICABLE CHILD

18 SUPPORT GUIDELINES.—For purposes

19 of the determination of the adequacy

20 of child support provided under sub21 clause (VI)(bb), the immigration

22 judge shall refer to the child support

23 guidelines of the jurisdiction in which

24 the parties reside.
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•S 1069 IS

1 ‘‘(iv) REINSTATEMENT OF DEPORTA2 TION GROUNDS.—Any person who obtains

3 a waiver under clause (iii) who thereafter

4 is found by a court to have committed an5 other crime or violation of this subpara6 graph or is found by a court with jurisdic7 tion over the child support matter to have

8 failed to make court-ordered child support

9 payments or failed to comply with a court10 approved payment plan is deportable and

11 no further waiver is available under clause

12 (iii).’’.

13 SEC. 1059. MISREPRESENTATION WAIVERS FOR BATTERED

14 SPOUSES OF UNITED STATES CITIZENS AND

15 LAWFUL PERMANENT RESIDENTS.

16 (a) WAIVER OF INADMISSIBILITY.—Section 212(i) of

17 the Immigration and Nationality Act (8 U.S.C. 1182(i))

18 is amended in paragraph (1) by inserting before the period

19 at the end the following: ‘‘or, in the case of an alien grant20 ed classification under clause (iii) or (iv) of section

21 204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B),

22 or who qualifies for relief under section 240A(b)(2) or sec23 tion 244(a)(3) (as in effect before the date of enactment

24 of the Illegal Immigration Reform and Immigrant Respon25 sibility Act of 1996), the alien demonstrates extreme hard-
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•S 1069 IS

1 ship to the alien or the alien’s United States citizen, lawful

2 permanent resident or qualified alien parent, child, son,

3 or daughter’’.

4 (b) WAIVER OF DEPORTABILITY.—Section 237(a) of

5 the Immigration and Nationality Act (8 U.S.C. 1227(a))

6 is amended—

7 (1) in paragraph (1)(H)—

8 (A) in clause (ii)—

9 (i) by inserting ‘‘(I)’’ immediately

10 after ‘‘(ii)’’; and

11 (ii) by striking the period and insert12 ing ‘‘; or’’; and

13 (B) by inserting after clause (ii)(I) the fol14 lowing:

15 ‘‘(II) is an alien who qualifies for clas16 sification under clause (iii) or (iv) of sec17 tion 204(a)(1)(A) or clause (ii) or (iii) of

18 section 204(a)(1)(B), or who qualifies for

19 relief under section 240A(b)(2) or

20 244(a)(3) (as in effect before the date of

21 enactment of the Illegal Immigration Re22 form and Immigrant Responsibility Act of

23 1996).’’; and

24 (2) in paragraph (3)(D)—
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•S 1069 IS

1 (A) by inserting ‘‘(i) IN GENERAL.—’’ be2 fore ‘‘Any alien’’; and

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

4 ‘‘(ii) WAIVER AUTHORIZED.—The At5 torney General may waive clause (i) in the

6 case of an alien who qualifies for classifica7 tion under clause (iii) or (iv) of section

8 204(a)(1)(A) or clause (ii) or (iii) of sec9 tion 204(a)(1)(B), or who qualifies for re10 lief under section 240A(b)(2) or 244(a)(3)

11 (as in effect before the date of enactment

12 of the Illegal Immigration Reform and Im13 migrant Responsibility Act of 1996).’’.

14 SEC. 1060. PUBLIC CHARGE.

15 Section 212(a)(4) of the Immigration and Nationality

16 Act (8 U.S.C. 11 82(a)(4)) is amended by adding at the

17 end the following:

18 ‘‘(E) EXCEPTION.—The following aliens

19 are not subject to public charge determinations

20 under this paragraph:

21 ‘‘(i) An alien who qualifies for classi22 fication as a spouse or child of a United

23 States citizen under clause (iii) or (iv) of

24 section 204(a)(1)(A) or as a spouse or
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•S 1069 IS

1 child of a lawful permanent resident under

2 clause (ii) or (iii) of section 204(a)(1)(B).

3 ‘‘(ii) An alien who qualifies for classi4 fication as the spouse or child of a United

5 States citizen under clause (i) or (ii) of

6 section 204(a)(1)(A) or as the spouse or

7 child of a lawful permanent resident under

8 section 204(a)(1)(B)(i) and who has been

9 battered or subjected to extreme cruelty.

10 ‘‘(iii) An alien who qualifies for status

11 as a spouse, parent, child, son, or daughter

12 of a United States citizen or lawful perma13 nent resident, or as a parent of a child of

14 a United States citizen or lawful perma15 nent resident, pursuant to section

16 240A(b)(2) or 244(a)(3) (as in effect be17 fore the date of enactment of the Illegal

18 Immigration Reform and Immigrant Re19 sponsibility Act of 1996).

20 ‘‘(iv) Any derivatives or immediate

21 relative children of aliens under clause (i),

22 (ii), or (iii) of this subparagraph.’’.
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•S 1069 IS

1 SEC. 1061. ACCESS TO NATURALIZATION FOR DIVORCED

2 VICTIMS OF ABUSE.

3 Section 319(a) of the Immigration and Nationality

4 Act (8 U.S.C. 1430(a)) is amended—

5 (1) by inserting ‘‘, or any person who obtained

6 status as a lawful permanent resident by reason of

7 his or her status as a spouse or child of a United

8 States citizen who battered him or her or subjected

9 him or her to extreme cruelty,’’ after ‘‘United

10 States’’ the first place such term appears; and

11 (2) by inserting ‘‘(except in the case of a person

12 who obtained lawful permanent residence because he

13 or she was the spouse or child of a United States

14 citizen who battered or subjected him or her to ex15 treme cruelty)’’ after ‘‘has been living in marital

16 union with the citizen spouse’’.

17 SEC. 1062. FILING FEES.

18 (a) PETITIONS FOR CLASSIFICATION.—Section

19 204(a)(1) of the Immigration and Nationality Act (8

20 U.S.C. 1154(a)(1)(A)) is amended by adding at the end

21 the following:

22 ‘‘(I) No fee shall be charged for the filing or proc23 essing of any application under clause (iii) or (iv) of sub24 paragraph (A) or clause (ii) or (iii) of subparagraph (B),

25 or the first application for work authorization filed by an

26 applicant described in any such clause.’’.
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•S 1069 IS

1 (b) CANCELLATIONS OF REMOVAL.—Section

2 240A(b)(2) of the Immigration and Nationality Act (8

3 U.S.C. 1229b), as amended by section 1056 of this Act,

4 is further amended by adding at the end the following:

5 ‘‘No fee shall be charged for the filing or processing of

6 any application under this paragraph or the first applica7 tion for work authorization filed by an applicant described

8 in this paragraph.’’.

9 (c) SUSPENSION OF DEPORTATION.—No fee shall be

10 charged for the filing or processing of any application

11 under section 244(a)(3) of the Immigration and Nation12 ality Act (as in effect before the date of enactment of the

13 Illegal Immigration Reform and Immigrant Responsibility

14 Act of 1996) (8 U.S.C. 1254(a)(3)), or the first applica15 tion for work authorization filed by an applicant described

16 in that section.

17 SEC. 1063. ACCESS TO FOOD STAMPS AND SSI FOR QUALI18 FIED BATTERED ALIENS.

19 Section 402(a)(2) of the Personal Responsibility and

20 Work Opportunity Reconciliation Act of 1996 (8 U.S.C.

21 1612(a)(2)) is amended by adding at the end the fol22 lowing:

23 ‘‘(L) EXCEPTION FOR CERTAIN BATTERED

24 ALIENS.—With respect to eligibility for benefits

25 for the specified Federal programs described in
89

•S 1069 IS

1 paragraph (3), paragraph (1) shall not apply to

2 any individual described in section 431(c).’’.

3 SEC. 1064. EXEMPTION FROM 5-YEAR BAR.

4 Section 403(b) of the Personal Responsibility and

5 Work Opportunity Reconciliation Act of 1996 (8 U.S.C.

6 1613(b)) is amended by adding at the end the following:

7 ‘‘(3) BATTERED IMMIGRANTS.—An alien de8 scribed in section 431(c).’’.

9 SEC. 1065. ACCESS TO HOUSING FOR BATTERED IMMI10 GRANTS.

11 (a) IN GENERAL.—Section 214 of the Housing and

12 Community Development Act of 1980 (42 U.S.C. 1436a)

13 is amended—

14 (1) in subsection (a), by striking ‘‘a resident of

15 the United States and is’’ after ‘‘unless that alien

16 is’’;

17 (2) in paragraphs (1) through (6) of subsection

18 (a), by inserting ‘‘a resident of the United States

19 and is’’ before ‘‘an alien’’;

20 (3) in subsection (a)(5), by striking ‘‘or’’ after

21 ‘‘title 8;’’;

22 (4) in subsection (a)(6), by striking the period

23 and inserting ‘‘; or’’;

24 (5) in subsection (a), by adding at the end the

25 following new paragraph:
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•S 1069 IS

1 ‘‘(7) a qualified alien as described in section

2 431(c) of the Personal Responsibility and Work Op3 portunity Reconciliation Act of 1996 (8 U.S.C.

4 1641(c)).’’;

5 (6) in subsection (b)(2), by inserting ‘‘Proration

6 shall not apply in the case of a qualified alien as de7 scribed in section 431(c) of the Personal Responsi8 bility and Work Opportunity Reconciliation Act of

9 1996 (8 U.S.C. 1641(c)).’’ after ‘‘under this sec10 tion.’’;

11 (7) in subsection (c)(1)(A), by inserting ‘‘Prora12 tion shall not apply in the case of a qualified alien

13 as described in section 431(c) of the Personal Re14 sponsibility and Work Opportunity Reconciliation

15 Act of 1996 (8 U.S.C. 1641(c))’’ after ‘‘members of

16 the family.’’;

17 (8) in subsection (c)(1)(A), by striking ‘‘para18 graphs (1) through (6)’’ and inserting ‘‘paragraphs

19 (1) through (7)’’;

20 (9) in subsection (c)(2)(A), by inserting ‘‘, ex21 cept a qualified alien described in section 431(c) of

22 the Personal Responsibility and Work Opportunity

23 Reconciliation Act of 1996 (8 U.S.C. 1641(c)),’’ be24 fore ‘‘who—’’; and
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•S 1069 IS

1 (10) in subsection (d)(1)(B), by inserting before

2 the period ‘‘, including a qualified alien as described

3 in section 431(c) of the Personal Responsibility and

4 Work Opportunity Reconciliation Act of 1996 (8

5 U.S.C. 1641(c))’’.

6 (b) ACCESS TO SHELTER AND SERVICES FOR BAT7 TERED IMMIGRANTS.—Section 214 of the Housing and

8 Community Development Act of 1980 (42 U.S.C. 1436a)

9 is amended by adding at the end the following:

10 ‘‘(j) ACCESS TO SHELTER AND SERVICES FOR BAT11 TERED IMMIGRANTS.—Notwithstanding any other provi12 sion of law, no private, government, or nonprofit organiza13 tion providing shelter or services to battered women,

14 abused children, or providing any other service or benefit

15 listed in section 401(b) of the Personal Responsibility and

16 Work Opportunity Act of 1996 (8 U.S.C. 1611(b)) that

17 receives any Federal funds shall deny, restrict, or condi18 tion assistance to any applicant based on alienage.’’.

19 SEC. 1066. CLARIFYING WELFARE REPORTING REQUIRE20 MENTS FOR BENEFIT APPLICANTS.

21 The Social Security Act (42 U.S.C. 301 et seq.) is

22 amended—

23 (1) in section 411(a)(1)(A) (42 U.S.C.

24 611(a)(1)(A)), by adding at the end the following

25 flush language:
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•S 1069 IS

1 ‘‘Collection of information about, and inquiries

2 into, the immigration status of an individual

3 who is a parent applying on behalf of his or her

4 child who is a United States citizen or a quali5 fied alien (as defined in section 431 of the Per6 sonal Responsibility and Work Opportunity

7 Reconciliation Act of 1996 (8 U.S.C. 1641) for

8 assistance under the State program funded

9 under this part, shall not be made if the indi10 vidual is not applying for benefits for them11 selves, whether or not the individual is deter12 mined, under Federal or State law, to be part

13 of a family unit receiving assistance under that

14 program.’’; and

15 (2) in section 1631(e)(9) (42 U.S.C.

16 1383(e)(9)), by adding at the end the following:

17 ‘‘Collection of information about, and inquiries into,

18 the immigration status of an individual who is a par19 ent applying on behalf of his or her child who is a

20 United States citizen or a qualified alien (as defined

21 in section 431 of the Personal Responsibility and

22 Work Opportunity Reconciliation Act of 1996 (8

23 U.S.C. 1641) for benefits under this title (or for

24 benefits supplemented by a State with an agreement

25 under section 1616), shall not be made if the indi-
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•S 1069 IS

1 vidual is not applying for benefits for themselves,

2 whether or not the individual is determined, under

3 Federal or State law, to be part of a family unit re4 ceiving such benefits.’’.

5 SEC. 1067. CONFORMING DEFINITION OF ‘‘FAMILY’’ USED IN

6 LAWS GRANTING WELFARE ACCESS FOR BAT7 TERED IMMIGRANTS TO STATE FAMILY LAW.

8 Section 431(c) of the Personal Responsibility and

9 Work Opportunity Reconciliation Act of 1996 (8 U.S.C.

10 1641(c)) is amended—

11 (1) in paragraph (1)(A), by striking ‘‘by a

12 spouse or a parent, or by a member of the spouse

13 or parent’s family residing in the same household as

14 the alien and the spouse or parent consented to, or

15 acquiesced in, such battery or cruelty,’’ and insert16 ing ‘‘by a spouse or parent, or by any individual hav17 ing a relationship with the alien covered by the civil

18 or criminal domestic violence statutes of the State or

19 Indian country where the alien resides, or the State

20 or Indian country in which the alien, the alien’s

21 child, or the alien child’s parents received a protec22 tion order, or by any individual against whom the

23 alien could obtain a protection order,’’; and

24 (2) in paragraph (2)(A), by striking ‘‘by a

25 spouse or parent of the alien (without the active par-
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•S 1069 IS

1 ticipation of the alien in the battery or cruelty), or

2 by a member of the spouse or parent’s family resid3 ing in the same household as the alien and the

4 spouse or parent consented or acquiesced to such

5 battery or cruelty,’’ and inserting ‘‘by a spouse or

6 parent of the alien (without the active participation

7 of the alien in the battery or cruelty) or by any per8 son having a relationship with the alien covered by

9 the civil or criminal domestic violence statutes of the

10 State or Indian country where the alien resides, or

11 the State or Indian country in which the alien, the

12 alien’s child or the alien child’s parent received a

13 protection order, or by any individual against whom

14 the alien could obtain a protection order,’’.

15 SEC. 1068. ENSURING THAT BATTERED IMMIGRANTS HAVE

16 ACCESS TO FOOD STAMPS AND SSI.

17 (a) QUALIFYING QUARTERS.—Section 435 of the

18 Personal Responsibility and Work Opportunity Reconcili19 ation Act of 1996 (8 U.S.C. 1645) is amended in para20 graph (2) by striking ‘‘and the alien remains married to

21 such spouse or such spouse is deceased’’ and inserting ‘‘if

22 such spouse is deceased or if the alien remains married

23 to such spouse (except that qualified aliens described in

24 section 431(c) may continue after divorce to count the
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•S 1069 IS

1 qualifying quarters worked by their spouse during the

2 marriage)’’.

3 (b) FOOD STAMPS ACCESS FOR BATTERED IMMI4 GRANT QUALIFIED ALIENS AND THEIR CHILDREN.—Sec5 tion 7 of the Food Stamp Act of 1977 (7 U.S.C. 2016)

6 is amended by adding at the end the following:

7 ‘‘(k) BATTERED IMMIGRANT QUALIFIED ALIEN ELI8 GIBILITY FOR FOOD STAMPS.—Notwithstanding any other

9 provision of law, qualified aliens described in section

10 431(c) of the Personal Responsibility and Work Oppor11 tunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) and

12 their children are eligible to receive food stamps.’’.

13 SEC. 1069. TECHNICAL CORRECTION TO QUALIFIED ALIEN

14 DEFINITION FOR BATTERED IMMIGRANTS.

15 Clause (iii) of section 431(c)(1)(B) of the Personal

16 Responsibility and Work Opportunity Reconciliation Act

17 of 1996 (8 U.S.C. 1641(c)(1)(B)) is amended to read as

18 follows:

19 ‘‘(iii) suspension of deportation under

20 section 244(a)(3) of the Immigration and

21 Nationality Act (as in effect before the

22 date of enactment of the Illegal Immigra23 tion Reform and Immigrant Responsibility

24 Act of 1996).’’.
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1 SEC. 1070. ACCESS TO LEGAL SERVICES CORPORATION

2 FUNDS.

3 Section 502 of the Departments of Commerce, Jus4 tice, and State, the Judiciary and Related Agencies Appro5 priations Act, 1998 (Public Law 105–119) is amended by

6 adding at the end the following:

7 ‘‘(c) This section shall not be construed to prohibit

8 a recipient from—

9 ‘‘(1) using funds derived from a source other

10 than the Legal Services Corporation to provide re11 lated legal assistance (as that term is defined in sub12 section (b)(2)) to any alien who has been battered

13 or subjected to extreme cruelty by a person with

14 whom the alien has a relationship covered by the do15 mestic violence laws of the State in which the alien

16 resides or in which an incidence of violence occurred;

17 ‘‘(2) using Legal Services Corporation funds to

18 provide related legal assistance to any alien who has

19 been battered or subjected to extreme cruelty who

20 qualifies for relief under clause (iii) or (iv) of section

21 204(a)(1)(A), clause (ii) or (iii) of section

22 204(a)(1)(B), or subsection (b)(2) of section 240A

23 of the Immigration and Nationality Act (8 U.S.C.

24 1154(a)(1)(B)) or section 244(a)(3) of the Immigra25 tion and Nationality Act (as in effect before the title

26 III–A effective date in section 309 of the Illegal Im-
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•S 1069 IS

1 migration Reform and Immigrant Responsibility Act

2 of 1996 (8 U.S.C. 1101 note).’’.

3 TITLE II—VIOLENCE AGAINST

4 WOMEN AND THE WORKPLACE

5 SEC. 2001. FINDINGS.

6 Congress makes the following findings:

7 (1) Victims of crime and their families suffer

8 from crime and its effects on a daily basis.

9 (2) Domestic crime against adults accounts for

10 approximately 15 percent of total crime costs in the

11 United States each year.

12 (3) Violence against women has been reported

13 to be the leading cause of physical injury to women.

14 It has a devastating impact on women’s physical and

15 emotional health and financial security.

16 (4) The Department of Justice estimates that

17 intimate partners commit on average 960,000 vio18 lent crimes against women every year.

19 (5) Employees in the United States who have

20 been victims of crime too often suffer adverse con21 sequences in the workplace as a result of their expe22 riences as victims of crime.

23 (6) Victims of crime are particularly vulnerable

24 to changes in employment, pay, and benefits as a re-
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•S 1069 IS

1 sult of their victimizations, and are, therefore, in

2 need of legal protection.

3 (7) The prevalence of violence against women at

4 work is dramatic. Homicide is the leading cause of

5 death for women on the job. Eight percent of all

6 rapes occur in the workplace. Women who are vic7 tims of violent workplace crimes are twice as likely

8 as men to know their attackers. Husbands, boy9 friends, and ex-partners commit 15 percent of work10 place homicides against women. One study found

11 that three-quarters of battered women who work

12 were harassed by telephone by their abuser at work.

13 (8) Nearly 50 percent of rape victims lose their

14 employment or are forced to quit their jobs following

15 the crime. Approximately one quarter of battered

16 women surveyed have lost a job due in part to the

17 effects of domestic violence.

18 (9) The availability of economic support is a

19 critical factor in the ability of battered women to

20 leave abusive situations that threaten them and their

21 children. Over half of battered women surveyed

22 stayed with their batterers because they lacked re23 sources to support themselves and their children.

24 (10) According to the National Institute of Jus25 tice, crime costs an estimated $450,000,000,000 an-
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1 nually in medical expenses, lost earnings, social serv2 ice costs, pain, suffering, and reduced quality of life

3 for victims, all of which harm our Nation’s produc4 tivity and drain our Nation’s resources. Violent

5 crime accounts for $426,000,000,000 of this

6 amount.

7 (11) Rape exacts the highest costs-per-victim of

8 any criminal offense, an estimated total of

9 $127,000,000,000 per year. Recent governmental es10 timates indicate that between 300,000 and 600,000

11 rapes and sexual assaults occur annually in the

12 United States.

13 (12) Other violent offenses take unacceptably

14 high tolls on the economy as well, including assault

15 ($93,000,000,000), murder (excluding arson and

16 drunk driving deaths) ($71,000,000,000), drunk

17 driving (including fatalities) ($61,000,000,000), and

18 child abuse ($56,000,000,000).

19 (13) Violent crime results in wage losses equiv20 alent to 1 percent of all American earnings, and

21 causes 3 percent of the Nation’s medical spending

22 and 14 percent of injury-related medical spending.

23 (14) Estimates demonstrate that employers pay

24 between $3,000,000,000 and $5,000,000,000 annu-
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1 ally to cover the cost of crimes against employees

2 and their families.

3 (15) Surveys of business executives and cor4 porate security directors also underscore the heavy

5 toll that workplace violence takes on American

6 women, businesses, and interstate commerce.

7 (16) Ninety-four percent of corporate security

8 and safety directors at companies nationwide rank

9 domestic violence as a high-risk security problem.

10 (17) Forty-nine percent of senior executives re11 cently surveyed said domestic violence has a harmful

12 effect on their company’s productivity, 47 percent

13 said domestic violence negatively affects attendance,

14 and 44 percent said domestic violence increases

15 health care costs.

16 (18) Only 12 States have enacted statutes for17 bidding employers from taking adverse action

18 against employees who have been victims of crime

19 and must participate in the criminal justice process

20 during working hours. No State explicitly protects

21 crime victims from other adverse action which may

22 result from their experiences and status as crime

23 victims.

24 (19) Existing Federal law neither expressly au25 thorizes battered women to take leave from work to
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1 seek legal assistance and redress, counseling, or as2 sistance with safety planning activities nor does it

3 protect crime victims from retaliation, discharge, or

4 other workplace penalties that may result from their

5 experiences and status as crime victims.

6 Subtitle A—National Clearinghouse

7 on Domestic Violence and Sex8 ual Assault in the Workplace

9 Grant

10 SEC. 2011. NATIONAL CLEARINGHOUSE ON DOMESTIC VIO11 LENCE AND SEXUAL ASSAULT IN THE WORK12 PLACE GRANT.

13 (a) AUTHORITY.—The Attorney General may award

14 a grant in accordance with this section to a private, non15 profit entity or tribal organization that meets the require16 ments of subsection (b) in order to provide for the estab17 lishment and operation of a national clearinghouse and re18 source center to provide information and assistance to em19 ployers, labor organizations, and advocates on behalf of

20 victims of domestic violence and sexual assault, in their

21 efforts to develop and implement appropriate responses to

22 assist the victims.

23 (b) GRANTEES.—Each applicant for a grant under

24 this section shall submit to the Attorney General an appli25 cation, which shall—
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1 (1) demonstrate that the applicant—

2 (A) has a nationally recognized expertise in

3 the area of domestic violence and sexual assault

4 and a record of commitment and quality re5 sponses to reduce domestic violence and sexual

6 assault; and

7 (B) will provide matching funds from non8 Federal sources in an amount equal to not less

9 than 10 percent of the total amount of the

10 grant awarded under this section; and

11 (2) include a plan to maximize, to the extent

12 practicable, outreach to employers (including private

13 companies, as well as public entities such as univer14 sities, and State and local governments) in devel15 oping and implementing appropriate responses to as16 sist employees who are victims of domestic violence

17 and sexual assault.

18 (c) USE OF GRANT AMOUNT.—A grant under this

19 section may be used for staff salaries, travel expenses,

20 equipment, printing, and other reasonable expenses nec21 essary to assemble, maintain, and disseminate to employ22 ers, labor organizations, and advocates described in sub23 section (a), information on and appropriate responses to

24 domestic violence and sexual assault, including—
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1 (1) training to promote a better understanding

2 of appropriate assistance to employee victims;

3 (2) conferences and other educational opportu4 nities;

5 (3) development of protocols and model work6 place policies;

7 (4) employer and union sponsored victim serv8 ices and outreach counseling; and

9 (5) assessments of the workplace costs of do10 mestic violence and sexual assault.

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $500,000 for each of fiscal years 2000 through 2004.

14 Subtitle B—Victims’ Employment

15 Rights

16 SEC. 2021. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Victims’ Employ18 ment Rights Act’’.

19 SEC. 2022. PURPOSES.

20 The purposes of this subtitle are, pursuant to the af21 firmative power of Congress to enact legislation under sec22 tion 5 of the 14th amendment to the Constitution, as well

23 as under the portion of section 8 of article I of the Con24 stitution relating to regulation of commerce among the

25 several States—
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1 (1) to promote the national interest in ensuring

2 that victims and survivors of domestic violence, sex3 ual assault, and stalking can recover from and cope

4 with the effects of those crimes and participate in

5 the criminal and civil justice processes without fear

6 of adverse economic consequences from their employ7 ers;

8 (2) to minimize the negative impact on inter9 state commerce from dislocations of employees and

10 decreases in productivity that may arise when em11 ployees are victimized by those crimes;

12 (3) to promote the purposes of the 14th amend13 ment by addressing the failure of existing laws to

14 protect the employment rights of victims of domestic

15 violence, sexual assault, and stalking and by fur16 thering the right of domestic violence, sexual assault,

17 and stalking victims to employment free from dis18 crimination; and

19 (4) to accomplish the purposes described in

20 paragraphs (1), (2), and (3) in a manner that ac21 commodates the legitimate interests of employers

22 and protects the safety of all persons in the work23 place.

24 SEC. 2023. DEFINITIONS.

25 In this subtitle:
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1 (1) EMPLOYEE.—

2 (A) IN GENERAL.—The term ‘‘employee’’

3 means any person employed by an employer. In

4 the case of an individual employed by a public

5 agency, such term means an individual em6 ployed as described in section 3(e) of the Fair

7 Labor Standards Act of 1938 (29 U.S.C.

8 203(e)).

9 (B) BASIS.—The term includes a person

10 employed as described in subparagraph (A) on

11 a full- or part-time basis, for a fixed time pe12 riod, on a temporary basis, pursuant to a detail,

13 as an independent contractor, or as a partici14 pant in a work assignment as a condition of re15 ceipt of Federal or State income-based public

16 assistance.

17 (2) EMPLOYER.—The term ‘‘employer’’—

18 (A) means any person engaged in com19 merce or in any industry or activity affecting

20 commerce who employs individuals; and

21 (B) includes any person acting directly or

22 indirectly in the interest of an employer in rela23 tion to an employee, and includes a public agen24 cy, but does not include any labor organization

25 (other than when acting as an employer) or
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•S 1069 IS

1 anyone acting in the capacity of officer or agent

2 of such labor organization.

3 (3) PARENT; SON OR DAUGHTER.—The terms

4 ‘‘parent’’ and ‘‘son or daughter’’ have the meanings

5 given the terms in section 101 of the Family and

6 Medical Leave Act of 1993 (29 U.S.C. 2611).

7 (4) PERSON.—The term ‘‘person’’ means an in8 dividual, partnership, association, corporation, busi9 ness trust, legal representative, or any organized

10 group of individuals.

11 (5) PUBLIC AGENCY.—The term ‘‘public agen12 cy’’ has the meaning given the term in section 3 of

13 the Fair Labor Standards Act of 1938 (29 U.S.C.

14 203).

15 SEC. 2024. PROHIBITED DISCRIMINATORY ACTS.

16 An employer shall not fail to hire, refuse to hire, or

17 discharge any individual, or otherwise discriminate against

18 any individual with respect to compensation, terms, condi19 tions, or privileges of employment, of the individual (in20 cluding retaliation in any form or manner) because—

21 (1) the individual—

22 (A) is or is perceived to be a victim of do23 mestic violence, sexual assault, or stalking;

24 (B) attended, participated in, or prepared

25 for, or requested leave to attend, participate in,
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1 or prepare for a criminal or civil court pro2 ceeding relating to an incident of domestic vio3 lence, sexual assault, or stalking of which the

4 employee, or the son or daughter or parent of

5 the employee, was a victim; or

6 (C) requested an adjustment to a job

7 structure or workplace facility, including a

8 transfer, reassignment, or modified schedule,

9 leave, a changed telephone number or seating

10 assignment, or installation of a lock or imple11 mentation of a safety procedure, in response to

12 actual or threatened domestic violence, sexual

13 assault, or stalking, regardless of whether the

14 request was granted; or

15 (2) the action of a person whom the employee

16 states has committed or threatened to commit do17 mestic violence, sexual assault, or stalking against

18 the employee, or the son or daughter or parent of

19 the employee, disrupted the workplace.

20 SEC. 2025. ENFORCEMENT.

21 (a) CIVIL ACTION BY EMPLOYEES.—

22 (1) LIABILITY.—Any employer who violates sec23 tion 3024 shall be liable to any employee affected

24 for—
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1 (A) damages equal to the amount of

2 wages, salary, employment benefits (as defined

3 in section 101 of the Family and Medical Leave

4 Act of 1993 (29 U.S.C. 2611)), or other com5 pensation denied to or lost by such employee by

6 reason of the violation, and the interest on that

7 amount calculated at the prevailing rate;

8 (B) compensatory damages, including dam9 ages for future pecuniary losses, emotional

10 pain, suffering, inconvenience, mental anguish,

11 loss of enjoyment or life, and other nonpecu12 niary losses;

13 (C) such punitive damages, up to 3 times

14 the amount of actual damages sustained, as the

15 court described in paragraph (2) shall deter16 mine to be appropriate; and

17 (D) such equitable relief as may be appro18 priate, including employment, reinstatement,

19 and promotion.

20 (2) RIGHT OF ACTION.—An action to recover

21 the damages or equitable relief prescribed in para22 graph (1) may be maintained against any employer

23 (including a public agency) in any Federal or State

24 court of competent jurisdiction by any 1 or more

25 employees.
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1 (b) ACTION BY DEPARTMENT OF JUSTICE.—The At2 torney General may bring a civil action in any Federal

3 or State court of competent jurisdiction to recover the

4 damages or equitable relief described in subsection (a)(1).

5 SEC. 2026. ATTORNEY’S FEES.

6 Section 722(b) of the Revised Statutes (42 U.S.C.

7 1988(b)) is amended by inserting ‘‘the Victims’ Employ8 ment Rights Act,’’ after ‘‘title VI of the Civil Rights Act

9 of 1964,’’.

10 Subtitle C—Workplace Violence

11 Against Women Prevention Tax

12 Credit

13 SEC. 2031. SHORT TITLE.

14 This subtitle may be cited as the ‘‘Workplace Vio15 lence Against Women Prevention Tax Credit Act’’.

16 SEC. 2032. CREDIT FOR COSTS TO EMPLOYERS OF IMPLE17 MENTING WORKPLACE SAFETY PROGRAMS

18 TO COMBAT VIOLENCE AGAINST WOMEN.

19 (a) IN GENERAL.—Subpart D of part IV of sub20 chapter A of chapter 1 of the Internal Revenue Code of

21 1986 (relating to business related credits) is amended by

22 adding at the end the following:

23 ‘‘SEC. 45D. WORKPLACE SAFETY PROGRAM CREDIT.

24 ‘‘(a) IN GENERAL.—For purposes of section 38, the

25 workplace safety program credit determined under this
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1 section for the taxable year is, for any employer, an

2 amount equal to 40 percent of the violence against women

3 safety and education costs paid or incurred by such em4 ployer during the taxable year.

5 ‘‘(b) DEFINITIONS.—In this section:

6 ‘‘(1) VIOLENCE AGAINST WOMEN SAFETY AND

7 EDUCATION COST.—

8 ‘‘(A) IN GENERAL.—The term ‘violence

9 against women safety and education cost’

10 means any cost certified by the Attorney Gen11 eral to the Secretary as being for the purpose

12 of—

13 ‘‘(i) ensuring the safety of employees

14 from violent crimes against women,

15 ‘‘(ii) providing assistance to employees

16 and the spouses and dependents of employ17 ees with respect to violent crimes against

18 women,

19 ‘‘(iii) providing legal or medical serv20 ices to employees and the spouses and de21 pendents of employees subjected to, or at

22 risk from, violent crimes against women,

23 ‘‘(iv) educating employees about the

24 issue of violent crimes against women, or
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•S 1069 IS

1 ‘‘(v) implementing human resource or

2 personnel policies initiated to protect em3 ployees from violent crimes against women

4 or to support employees who have been vic5 tims of violent crimes against women.

6 ‘‘(B) TYPES OF COSTS.—Such term in7 cludes costs certified by the Attorney General to

8 the Secretary as being for the purpose of—

9 ‘‘(i) the hiring of new security per10 sonnel in order to address violent crimes

11 against women,

12 ‘‘(ii) the creation of buddy systems or

13 escort systems for walking employees to

14 parking lots, parked cars, subway stations,

15 or bus stops, in order to address violent

16 crimes against women,

17 ‘‘(iii) the purchase or installation of

18 new security equipment, including surveil19 lance equipment, lighting fixtures, cardkey

20 access systems, and identification systems,

21 in order to address violent crimes against

22 women,

23 ‘‘(iv) the establishment of an employee

24 assistance line or other employee assist25 ance services, in order to address violent
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1 crimes against women, for the use of indi2 vidual employees, including counseling or

3 referral services undertaken in consultation

4 and coordination with national, State, or

5 local domestic violence and sexual assault

6 coalitions or programs,

7 ‘‘(v) the retention of an attorney to

8 provide legal services to employees seeking

9 restraining orders or other legal recourse

10 from violent crimes against women,

11 ‘‘(vi) the establishment of medical

12 services addressing the medical needs of

13 employees who are victims of violent crimes

14 against women,

15 ‘‘(vii) the retention of a financial ex16 pert or an accountant to provide financial

17 counseling to employees seeking to escape

18 from violent crimes against women,

19 ‘‘(viii) the establishment of an edu20 cation program for employees, consisting of

21 seminars or training sessions about violent

22 crimes against women undertaken in con23 sultation and coordination with national,

24 State, or local domestic violence and sexual

25 assault coalitions or programs,
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1 ‘‘(ix) studies of the cost, impact, or

2 extent of violent crimes against women at

3 the employer’s place of business, if such

4 studies are made available to the public

5 and protect the identity of employees in6 cluded in the study,

7 ‘‘(x) the publication of a regularly dis8 seminated newsletter or other regularly

9 disseminated educational materials about

10 violent crimes against women,

11 ‘‘(xi) the implementation of leave poli12 cies for the purpose of allowing or accom13 modating the needs of victims of violent

14 crimes against women to pursue legal re15 dress against assailants, including leave

16 from work to attend meetings with attor17 neys, to give evidentiary statements or

18 depositions, and to attend hearings or

19 trials in court,

20 ‘‘(xii) the implementation of flexible

21 work policies for the purpose of allowing or

22 accommodating the needs of employees

23 who are victims of violent crimes against

24 women, or employees at risk with respect

25 to such crimes, to avoid assailants,
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•S 1069 IS

1 ‘‘(xiii) the implementation of transfer

2 policies for the purpose of allowing or ac3 commodating the needs of employees sub4 jected to violent crimes against women to

5 change office locations within the company

6 in order to avoid assailants or to allow the

7 transfer of an employee who has per8 petrated violent crimes against women in

9 order to protect the victim, including pay10 ment of costs for the transfer and reloca11 tion of an employee to another city, coun12 ty, State, or country for the purpose of

13 maintaining an employee’s safety from vio14 lent crimes against women, or

15 ‘‘(xiv) the provision of any of the serv16 ices described in clauses (iv) through (viii)

17 to the spouses or dependents of employees.

18 ‘‘(C) NOTIFICATION OF POSSIBLE TAX

19 CONSEQUENCES.—In no event shall any cost for

20 goods or services which may be included in the

21 income of any employee receiving or benefiting

22 from such goods or services be treated as a vio23 lence against women safety and education cost

24 unless the employer notifies the employee in

25 writing of the possibility of such inclusion.
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1 ‘‘(2) VIOLENT CRIMES AGAINST WOMEN.—

2 ‘‘(A) IN GENERAL.—The term ‘violent

3 crimes against women’ includes sexual assault

4 and domestic violence.

5 ‘‘(B) DOMESTIC VIOLENCE.—The term

6 ‘domestic violence’ has the meaning given the

7 term in section 2 of the Battered Women’s Eco8 nomic Security and Safety Act.

9 ‘‘(C) SEXUAL ASSAULT.—The term ‘sexual

10 assault’—

11 ‘‘(i) means any conduct proscribed by

12 chapter 109A of title 18, United States

13 Code, whether or not the conduct occurs in

14 the special maritime and territorial juris15 diction of the United States or in a Fed16 eral prison; and

17 ‘‘(ii) includes both assaults committed

18 by offenders who are strangers to the vic19 tim and assaults committed by offenders

20 who are known to the victim or related by

21 blood or marriage to the victim.

22 ‘‘(3) EMPLOYEE AND EMPLOYER.—

23 ‘‘(A) PARTNERS AND PARTNERSHIPS.—

24 The term ‘employee’ includes a partner and the

25 term ‘employer’ includes a partnership.
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1 ‘‘(B) RELATED PERSONS.—Persons shall

2 be treated as related to each other if such per3 sons are treated as a single employer under

4 subsection (a) or (b) of section 52.

5 ‘‘(c) COORDINATION WITH OTHER PROVISIONS.—No

6 credit or deduction shall be allowed under any other provi7 sion of this title for any amount for which a credit is al8 lowed under this section.’’.

9 (b) TREATMENT AS GENERAL BUSINESS CREDIT.—

10 (1) IN GENERAL.—Subsection (b) of section 38

11 of the Internal Revenue Code of 1986 (relating to

12 general business credit) is amended by striking

13 ‘‘plus’’ at the end of paragraph (11), by striking the

14 period at the end of paragraph (12) and inserting ‘‘,

15 plus’’, and by adding at the end the following:

16 ‘‘(13) the workplace safety program credit de17 termined under section 45D.’’.

18 (2) TRANSITIONAL RULE FOR CARRYBACKS.—

19 Subsection (d) of section 39 of such Code (relating

20 to transitional rules) is amended by adding at the

21 end the following:

22 ‘‘(9) NO CARRYBACK OF SECTION 45D CREDIT

23 BEFORE EFFECTIVE DATE.—No portion of the un24 used business credit for any taxable year which is

25 attributable to the workplace safety program credit
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•S 1069 IS

1 determined under section 45D may be carried back

2 to a taxable year beginning on or before the date of

3 the enactment of section 45D.’’.

4 (3) DEDUCTION FOR UNUSED CREDITS.—Sub5 section (c) of section 196 of such Code (relating to

6 deduction for certain unused business credits) is

7 amended by striking ‘‘and’’ at the end of paragraph

8 (7), by striking the period at the end of paragraph

9 (8) and inserting ‘‘, and’’, and by adding at the end

10 the following:

11 ‘‘(9) the workplace safety program credit deter12 mined under section 45D.’’.

13 (c) CREDIT NOT A DEFENSE IN LEGAL ACTIONS.—

14 The allowance of a credit under section 45D of the Inter15 nal Revenue Code of 1986 (as added by this subtitle) shall

16 not absolve employers of their responsibilities under any

17 other law and shall not be construed as a defense to any

18 legal action (other than legal action by the Secretary of

19 the Treasury under such Code).

20 (d) CLERICAL AMENDMENT.—The table of sections

21 for subpart D of part IV of subchapter A of chapter 1

22 of the Internal Revenue Code of 1986 is amended by add23 ing at the end the following:

‘‘Sec. 45D. Workplace safety program credit.’’.
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1 (e) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to taxable years beginning after

3 December 31, 1999.

4 Subtitle D—Employment

5 Protection for Battered Women

6 SEC. 2041. SHORT TITLE AND REFERENCE.

7 (a) SHORT TITLE.—This subtitle may be cited as the

8 ‘‘Battered Women’s Employment Protection Act’’.

9 (b) REFERENCE.—Except as otherwise expressly pro10 vided, whenever in this subtitle an amendment or repeal

11 is expressed in terms of an amendment to, or repeal of,

12 a section or other provision, the reference shall be consid13 ered to be made to that section or other provision of the

14 Family and Medical Leave Act of 1993 (29 U.S.C. 2601

15 et seq.).

16 SEC. 2042. PURPOSES.

17 The purposes of this subtitle are, pursuant to the af18 firmative power of Congress to enact legislation under sec19 tion 5 of the 14th amendment to the Constitution, as well

20 as under the portions of section 8 of article I of the Con21 stitution relating to providing for the general welfare and

22 to regulation of commerce among the several States—

23 (1) to promote the national interest in reducing

24 domestic violence by enabling victims of domestic vi25 olence to maintain the financial independence nec-
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•S 1069 IS

1 essary to leave abusive situations, achieve safety,

2 and minimize the physical and emotional injuries

3 from domestic violence, and to reduce the dev4 astating economic consequences of domestic violence

5 to employers and employees, by—

6 (A) providing unemployment insurance for

7 victims of domestic violence who are forced to

8 leave their employment as a result of domestic

9 violence; and

10 (B) entitling employed victims of domestic

11 violence to take reasonable leave under the

12 Family and Medical Leave Act of 1993 (29

13 U.S.C. 2601 et seq.) to seek medical help, legal

14 assistance, counseling, and safety planning and

15 assistance without penalty from their employ16 ers;

17 (2) to promote the purposes of the 14th amend18 ment by protecting the civil and economic rights of

19 victims of domestic violence and by furthering the

20 equal opportunity of women for employment and

21 economic self-sufficiency;

22 (3) to minimize the negative impact on inter23 state commerce from dislocations of employees and

24 harmful effects on productivity, health care costs,

25 and employer costs, caused by domestic violence; and
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•S 1069 IS

1 (4) to accomplish the purposes described in

2 paragraphs (1), (2), and (3) in a manner that ac3 commodates the legitimate interests of employers.

4 SEC. 2043. UNEMPLOYMENT COMPENSATION.

5 (a) UNEMPLOYMENT COMPENSATION.—Section 3304

6 of the Internal Revenue Code of 1986 is amended—

7 (1) in subsection (a)—

8 (A) by striking ‘‘and’’ at the end of para9 graph (18);

10 (B) by striking the period at the end of

11 paragraph (19) and inserting ‘‘; and’’; and

12 (C) by inserting after paragraph (19) the

13 following:

14 ‘‘(20) compensation is to be provided where an

15 individual is separated from employment due to cir16 cumstances directly resulting from the individual’s

17 experience of domestic violence.’’; and

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

19 ‘‘(g) CONSTRUCTION.—

20 ‘‘(1) IN GENERAL.—For purposes of subsection

21 (a)(20), an employee’s separation from employment

22 shall be treated as due to circumstances directly re23 sulting from the individual’s experience of domestic

24 violence if the separation resulted from—
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•S 1069 IS

1 ‘‘(A) the employee’s reasonable fear of fu2 ture domestic violence at or en route to or from

3 the employee’s place of employment;

4 ‘‘(B) the employee’s wish to relocate to an5 other geographic area in order to avoid future

6 domestic violence against the employee or the

7 employee’s family;

8 ‘‘(C) the employee’s need to recover from

9 stress resulting from the employee’s experience

10 of domestic violence;

11 ‘‘(D) the employer’s denial of the employ12 ee’s request for the temporary leave from em13 ployment authorized by section 102 of the Fam14 ily and Medical Leave Act of 1993 to address

15 domestic violence and its effects; or

16 ‘‘(E) any other circumstance in which do17 mestic violence causes the employee to reason18 ably believe that termination of employment is

19 necessary for the future safety of the employee

20 or the employee’s family.

21 ‘‘(2) REASONABLE EFFORTS TO RETAIN EM22 PLOYMENT.—For purposes of subsection (a)(20), if

23 State law requires the employee to have made rea24 sonable efforts to retain employment as a condition
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•S 1069 IS

1 for receiving unemployment compensation, such re2 quirement shall be met if the employee—

3 ‘‘(A) sought protection from, or assistance

4 in responding to, domestic violence, including

5 calling the police or seeking legal, social work,

6 medical, clerical, or other assistance;

7 ‘‘(B) sought safety, including refuge in a

8 shelter or temporary or permanent relocation,

9 whether or not the employee actually obtained

10 such refuge or accomplished such relocation; or

11 ‘‘(C) reasonably believed that options such

12 as taking a leave of absence, transferring jobs,

13 or receiving an alternative work schedule would

14 not be sufficient to guarantee the employee or

15 the employee’s family’s safety.

16 ‘‘(3) ACTIVE SEARCH FOR EMPLOYMENT.—For

17 purposes of subsection (a)(20), if State law requires

18 the employee to actively search for employment after

19 separation from employment as a condition for re20 ceiving unemployment compensation, such require21 ment shall be treated as met where the employee is

22 temporarily unable to actively search for employment

23 because the employee is engaged in seeking safety

24 for the employee or the employee’s family, or relief
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•S 1069 IS

1 for the employee, from domestic violence,

2 including—

3 ‘‘(A) going into hiding or relocating or at4 tempting to do so, including activities associ5 ated with such hiding or relocation, such as

6 seeking to obtain sufficient shelter, food, school7 ing for children, or other necessities of life for

8 the employee or the employee’s family;

9 ‘‘(B) actively pursuing legal protection or

10 remedies, including meeting with the police,

11 going to court to make inquiries or file papers,

12 meeting with attorneys, or attending court pro13 ceedings; or

14 ‘‘(C) participating in psychological, social,

15 or religious counseling or support activities to

16 assist the employee in coping with domestic vio17 lence.

18 ‘‘(4) PROVISION OF INFORMATION TO MEET

19 CERTAIN REQUIREMENTS.—In determining if an em20 ployee meets the requirements of paragraphs (1),

21 (2), and (3), the unemployment agency of the State

22 in which an employee is requesting unemployment

23 compensation by reason of subsection (a)(20) may

24 require the employee to provide—
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•S 1069 IS

1 ‘‘(A) a written statement describing the

2 domestic violence and its effects;

3 ‘‘(B) documentation of the domestic vio4 lence, such as a police or court record, or docu5 mentation from a shelter worker, an employee

6 of a domestic violence program, an attorney, a

7 member of the clergy, or a medical or other

8 professional, from whom the employee has

9 sought assistance in addressing domestic vio10 lence and its effects, as defined in section 101

11 of the Family and Medical Leave Act of 1993

12 (29 U.S.C. 2611); or

13 ‘‘(C) other corroborating evidence, such as

14 a statement from any other individual with

15 knowledge of the circumstances that provide the

16 basis for the claim of domestic violence, or

17 physical evidence of domestic violence, such as

18 a photograph, torn or bloody clothing, or any

19 other damaged property.

20 All evidence of domestic violence experienced by an

21 employee, including a statement of an employee, any

22 other documentation or corroborating evidence, and

23 the fact that an employee has applied for or inquired

24 about unemployment compensation available by rea25 son of subsection (a)(20) shall be retained in the
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•S 1069 IS

1 strictest confidence by such State unemployment

2 agency, except to the extent that disclosure is re3 quested, or consented to, by the employee for the

4 purpose of protecting the safety of the employee or

5 a family member of the employee or of assisting in

6 documenting domestic violence for a court or agen7 cy.’’.

8 (b) SOCIAL SECURITY PERSONNEL TRAINING.—Sec9 tion 303(a) of the Social Security Act (42 U.S.C. 503(a))

10 is amended by redesignating paragraphs (4) through (10)

11 as paragraphs (5) through (11), respectively, and by in12 serting after paragraph (3) the following:

13 ‘‘(4) Such methods of administration as will en14 sure that claims reviewers and hearing personnel are

15 adequately trained in the nature and dynamics of

16 domestic violence and in methods of ascertaining

17 and keeping confidential information about possible

18 experiences of domestic violence, so that employee

19 separations stemming from domestic violence are re20 liably screened, identified, and adjudicated, and full

21 confidentiality is provided for the employee’s claim

22 and submitted evidence; and’’.

23 (c) DEFINITIONS.—Section 3306 of the Internal Rev24 enue Code of 1986 is amended by adding at the end the

25 following:
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1 ‘‘(u) DOMESTIC VIOLENCE.—The term ‘domestic vio2 lence’ has the meaning given the term in section 2 of the

3 Battered Women’s Economic Security and Safety Act.’’.

4 SEC. 2044. ENTITLEMENT TO LEAVE FOR ADDRESSING DO5 MESTIC VIOLENCE FOR NON-FEDERAL EM6 PLOYEES.

7 (a) DEFINITIONS.—Section 101 (29 U.S.C. 2611) is

8 amended by adding at the end the following:

9 ‘‘(14) ADDRESSING DOMESTIC VIOLENCE AND

10 ITS EFFECTS.—The term ‘addressing domestic vio11 lence and its effects’ means—

12 ‘‘(A) being unable to attend or perform

13 work due to an incident of domestic violence;

14 ‘‘(B) seeking medical attention for or re15 covering from injuries caused by domestic vio16 lence;

17 ‘‘(C) seeking legal assistance or remedies,

18 including communicating with the police or an

19 attorney, or participating in any legal pro20 ceeding, related to domestic violence;

21 ‘‘(D) obtaining services from a domestic vi22 olence shelter or program or rape crisis center

23 as a result of domestic violence;

24 ‘‘(E) obtaining psychological counseling re25 lated to experiences of domestic violence;
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•S 1069 IS

1 ‘‘(F) participating in safety planning and

2 other actions to increase safety from future do3 mestic violence, including temporary or perma4 nent relocation; and

5 ‘‘(G) participating in any other activity ne6 cessitated by domestic violence that must be un7 dertaken during the hours of employment in8 volved.

9 ‘‘(15) DOMESTIC VIOLENCE.—The term ‘domes10 tic violence’ has the meaning given the term in sec11 tion 2 of the Battered Women’s Economic Security

12 and Safety Act.’’.

13 (b) LEAVE REQUIREMENT.—Section 102 (29 U.S.C.

14 2612) is amended—

15 (1) in subsection (a)(1), by adding at the end

16 the following:

17 ‘‘(E) In order to care for the son, daugh18 ter, or parent of the employee, if such son,

19 daughter, or parent is addressing domestic vio20 lence and its effects.

21 ‘‘(F) Because the employee is addressing

22 domestic violence and its effects, which make

23 the employee unable to perform the functions of

24 the position of such employee.’’;
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1 (2) in subsection (b), by adding at the end the

2 following:

3 ‘‘(3) DOMESTIC VIOLENCE.—Leave under sub4 paragraph (E) or (F) of subsection (a)(1) may be

5 taken by an eligible employee intermittently or on a

6 reduced leave schedule. The taking of leave intermit7 tently or on a reduced leave schedule pursuant to

8 this paragraph shall not result in a reduction in the

9 total amount of leave to which the employee is enti10 tled under subsection (a) beyond the amount of leave

11 actually taken.’’; and

12 (3) in subsection (d)(2)(B), by striking ‘‘(C) or

13 (D)’’ and inserting ‘‘(C), (D), (E), or (F)’’.

14 (c) CERTIFICATION.—Section 103 (29 U.S.C. 2613)

15 is amended—

16 (1) in the title of the section, by inserting be17 fore the period the following: ‘‘; CONFIDEN18 TIALITY’’; and

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

20 ‘‘(f) DOMESTIC VIOLENCE.—In determining if an em21 ployee meets the requirements of subparagraph (E) or (F)

22 of section 102(a)(1), the employer of an employee may re23 quire the employee to provide—

24 ‘‘(1) a written statement describing the domes25 tic violence and its effects;
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1 ‘‘(2) documentation of the domestic violence in2 volved, such as a police or court record, or docu3 mentation from a shelter worker, an employee of a

4 domestic violence program, an attorney, a member

5 of the clergy, or a medical or other professional,

6 from whom the employee has sought assistance in

7 addressing domestic violence and its effects; or

8 ‘‘(3) other corroborating evidence, such as a

9 statement from any other individual with knowledge

10 of the circumstances that provide the basis for the

11 claim of domestic violence, or physical evidence of

12 domestic violence, such as a photograph, torn or

13 bloody clothing, or any other damaged property.

14 ‘‘(g) CONFIDENTIALITY.—All evidence provided to

15 the employer under subsection (f) of domestic violence ex16 perienced by an employee or the son, daughter, or parent

17 of an employee, including a statement of an employee, any

18 other documentation or corroborating evidence, and the

19 fact that an employee has requested leave for the purpose

20 of addressing, or caring for a son, daughter, or parent who

21 is addressing, domestic violence and its effects, shall be

22 retained in the strictest confidence by the employer, except

23 to the extent that disclosure is requested, or consented to,

24 by the employee for the purpose of—
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1 ‘‘(1) protecting the safety of the employee or a

2 family member or co-worker of the employee; or

3 ‘‘(2) assisting in documenting domestic violence

4 for a court or agency.’’.

5 SEC. 2045. ENTITLEMENT TO LEAVE FOR ADDRESSING DO6 MESTIC VIOLENCE FOR FEDERAL EMPLOY7 EES.

8 (a) DEFINITIONS.—Section 6381 of title 5, United

9 States Code, is amended—

10 (1) at the end of paragraph (5), by striking

11 ‘‘and’’;

12 (2) in paragraph (6), by striking the period and

13 inserting a semicolon; and

14 (3) by adding at the end the following:

15 ‘‘(7) the term ‘addressing domestic violence and

16 its effects’ has the meaning given the term in section

17 101 of the Family and Medical Leave Act of 1993

18 (29 U.S.C. 2611); and

19 ‘‘(8) the term ‘domestic violence’ has the mean20 ing given the term in section 2 of the Battered

21 Women’s Economic Security and Safety Act.’’.

22 (b) LEAVE REQUIREMENT.—Section 6382 of title 5,

23 United States Code, is amended—

24 (1) in subsection (a)(1), by adding at the end

25 the following:
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1 ‘‘(E) In order to care for the son, daughter, or

2 parent of the employee, if such son, daughter, or

3 parent is addressing domestic violence and its ef4 fects.

5 ‘‘(F) Because the employee is addressing do6 mestic violence and its effects, which make the em7 ployee unable to perform the functions of the posi8 tion of such employee.’’;

9 (2) in subsection (b), by adding at the end the

10 following:

11 ‘‘(3) DOMESTIC VIOLENCE.—Leave under sub12 paragraph (E) or (F) of subsection (a)(1) may be

13 taken by an employee intermittently or on a reduced

14 leave schedule. The taking of leave intermittently or

15 on a reduced leave schedule pursuant to this para16 graph shall not result in a reduction in the total

17 amount of leave to which the employee is entitled

18 under subsection (a) beyond the amount of leave ac19 tually taken.’’; and

20 (3) in subsection (d), by striking ‘‘(C), or (D)’’

21 and inserting ‘‘(C), (D), (E), or (F)’’.

22 (c) CERTIFICATION.—Section 6383 of title 5, United

23 States Code, is amended—

24 (1) in the title of the section, by adding at the

25 end the following: ‘‘; confidentiality’’; and
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•S 1069 IS

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

2 ‘‘(f) In determining if an employee meets the require3 ments of subparagraph (E) or (F) of section 6382(a)(1),

4 the employing agency of an employee may require the em5 ployee to provide—

6 ‘‘(1) a written statement describing the domes7 tic violence and its effects;

8 ‘‘(2) documentation of the domestic violence in9 volved, such as a police or court record, or docu10 mentation from a shelter worker, an employee of a

11 domestic violence program, an attorney, a member

12 of the clergy, or a medical or other professional,

13 from whom the employee has sought assistance in

14 addressing domestic violence and its effects; or

15 ‘‘(3) other corroborating evidence, such as a

16 statement from any other individual with knowledge

17 of the circumstances that provide the basis for the

18 claim of domestic violence, or physical evidence of

19 domestic violence, such as a photograph, torn or

20 bloody clothing, or other damaged property.

21 ‘‘(g) All evidence provided to the employing agency

22 under subsection (f) of domestic violence experienced by

23 an employee or the son, daughter, or parent of an em24 ployee, including a statement of an employee, any other

25 documentation or corroborating evidence, and the fact
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•S 1069 IS

1 that an employee has requested leave for the purpose of

2 addressing, or caring for a son, daughter, or parent who

3 is addressing, domestic violence and its effects, shall be

4 retained in the strictest confidence by the employing agen5 cy, except to the extent that disclosure is requested, or

6 consented to, by the employee for the purpose of—

7 ‘‘(1) protecting the safety of the employee or a

8 family member or co-worker of the employee; or

9 ‘‘(2) assisting in documenting domestic violence

10 for a court or agency.’’.

11 SEC. 2046. EXISTING LEAVE USABLE FOR DOMESTIC VIO12 LENCE.

13 (a) DEFINITIONS.—In this section:

14 (1) ADDRESSING DOMESTIC VIOLENCE AND ITS

15 EFFECTS.—The term ‘‘addressing domestic violence

16 and its effects’’ has the meaning given the term in

17 section 101 of the Family and Medical Leave Act of

18 1993 (29 U.S.C. 2611), as amended in section

19 3044(a).

20 (2) EMPLOYEE.—The term ‘‘employee’’ means

21 any person employed by an employer. In the case of

22 an individual employed by a public agency, such

23 term means an individual employed as described in

24 section 3(e) of the Fair Labor Standards Act of

25 1938 (29 U.S.C. 203(e)).
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•S 1069 IS

1 (3) EMPLOYER.—The term ‘‘employer’’—

2 (A) means any person engaged in com3 merce or in any industry or activity affecting

4 commerce who employs individuals, if such per5 son is also subject to the Family and Medical

6 Leave Act of 1993 (29 U.S.C. 2601 et seq.) or

7 to any provision of a State or local law, collec8 tive bargaining agreement, or employment bene9 fits program or plan, addressing paid or unpaid

10 leave from employment (including family, med11 ical, sick, annual, personal, or similar leave);

12 and

13 (B) includes any person acting directly or

14 indirectly in the interest of an employer in rela15 tion to any employee, and includes a public

16 agency, who is subject to a law, agreement, pro17 gram, or plan described in subparagraph (A),

18 but does not include any labor organization

19 (other than when acting as an employer) or

20 anyone acting in the capacity of officer or agent

21 of such labor organization.

22 (4) EMPLOYMENT BENEFITS.—The term ‘‘em23 ployment benefits’’ has the meaning given the term

24 in section 101 of the Family and Medical Leave Act

25 of 1993 (29 U.S.C. 2611).
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•S 1069 IS

1 (5) PARENT; SON OR DAUGHTER.—The terms

2 ‘‘parent’’ and ‘‘son or daughter’’ have the meanings

3 given the terms in section 101 of the Family and

4 Medical Leave Act of 1993 (29 U.S.C. 2611).

5 (6) PUBLIC AGENCY.—The term ‘‘public agen6 cy’’ has the meaning given the term in section 3 of

7 the Fair Labor Standards Act of 1938 (29 U.S.C.

8 203).

9 (b) USE OF EXISTING LEAVE.—An employee who is

10 entitled to take paid or unpaid leave (including family,

11 medical, sick, annual, personal, or similar leave) from em12 ployment, pursuant to State or local law, a collective bar13 gaining agreement, or an employment benefits program or

14 plan, shall be permitted to use such leave for the purpose

15 of addressing domestic violence and its effects, or for the

16 purpose of caring for a son or daughter or parent of the

17 employee, if such son or daughter or parent is addressing

18 domestic violence and its effects.

19 (c) CERTIFICATION.—In determining whether an em20 ployee qualifies to use leave as described in subsection (b),

21 an employer may require a written statement, documenta22 tion of domestic violence, or corroborating evidence con23 sistent with section 103(f) of the Family and Medical

24 Leave Act of 1993 (29 U.S.C. 2613(f)), as amended by

25 section 2044(c).
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1 (d) CONFIDENTIALITY.—All evidence provided to the

2 employer under subsection (c) of domestic violence experi3 enced by an employee or the son or daughter or parent

4 of the employee, including a statement of an employee,

5 any other documentation or corroborating evidence, and

6 the fact that an employee has requested leave for the pur7 pose of addressing, or caring for a son or daughter or par8 ent who is addressing, domestic violence and its effects,

9 shall be retained in the strictest confidence by the em10 ployer, except to the extent that disclosure is requested,

11 or consented to, by the employee for the purpose of—

12 (1) protecting the safety of the employee or a

13 family member or co-worker of the employee; or

14 (2) assisting in documenting domestic violence

15 for a court or agency.

16 (e) PROHIBITED ACTS.—

17 (1) INTERFERENCE WITH RIGHTS.—

18 (A) EXERCISE OF RIGHTS.—It shall be un19 lawful for any employer to interfere with, re20 strain, or deny the exercise of or the attempt to

21 exercise, any right provided under this section.

22 (B) DISCRIMINATION.—It shall be unlaw23 ful for any employer to discharge or in any

24 other manner discriminate against an individual
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•S 1069 IS

1 for opposing any practice made unlawful by this

2 section.

3 (2) INTERFERENCE WITH PROCEEDINGS OR IN4 QUIRIES.—It shall be unlawful for any person to dis5 charge or in any other manner discriminate against

6 any individual because such individual—

7 (A) has filed any charge, or had instituted

8 or caused to be instituted any proceeding,

9 under or related to this section;

10 (B) has given, or is about to give, any in11 formation in connection with any inquiry or

12 proceeding relating to any right provided under

13 this section; or

14 (C) has testified, or is about to testify, in

15 any inquiry or proceeding relating to any right

16 provided under this section.

17 (f) ENFORCEMENT.—

18 (1) PUBLIC ENFORCEMENT.—The Secretary of

19 Labor shall have the powers set forth in subsections

20 (b), (c), (d), and (e) of section 107 of the Family

21 and Medical Leave Act of 1993 (29 U.S.C. 2617)

22 for the purpose of public agency enforcement of any

23 alleged violation of subsection (e) against any em24 ployer.
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•S 1069 IS

1 (2) PRIVATE ENFORCEMENT.—The remedies

2 and procedures set forth in section 107(a) of the

3 Family and Medical Leave Act of 1993 (29 U.S.C.

4 2617(a)) shall be the remedies and procedures pur5 suant to which an employee may initiate a legal ac6 tion against an employer for alleged violations of

7 subsection (e).

8 (3) REFERENCES.—For purposes of paragraph

9 (1) and (2), references in section 107 of the Family

10 and Medical Leave Act of 1993 to section 105 of

11 such Act shall be considered to be references to sub12 section (e).

13 (4) EMPLOYER LIABILITY UNDER OTHER

14 LAWS.—Nothing in this section shall be construed to

15 limit the liability of an employer to an employee for

16 harm suffered relating to the employee’s experience

17 of domestic violence pursuant to any other Federal

18 or State law, including a law providing for a legal

19 remedy.

20 SEC. 2047. EFFECT ON OTHER LAWS AND EMPLOYMENT

21 BENEFITS.

22 (a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO23 GRAMS, AND PLANS.—Nothing in this subtitle or the

24 amendments made by this subtitle shall be construed to

25 supersede any provision of any Federal, State, or local
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•S 1069 IS

1 law, collective bargaining agreement, or other employment

2 benefits program or plan that provides greater unemploy3 ment compensation or leave benefits for employed victims

4 of domestic violence than the rights established under this

5 subtitle or such amendments.

6 (b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO7 GRAMS, AND PLANS.—The rights established for employ8 ees under this subtitle or the amendments made by this

9 subtitle shall not be diminished by any State or local law,

10 collective bargaining agreement, or employment benefits

11 program or plan.

12 SEC. 2048. EFFECTIVE DATE.

13 (a) GENERAL RULE.—Except as provided in sub14 section (b), this subtitle and the amendments made by this

15 subtitle take effect 180 days after the date of enactment

16 of this Act.

17 (b) UNEMPLOYMENT COMPENSATION.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), the amendments made by section 3043

20 shall apply in the case of compensation paid for

21 weeks beginning on or after the expiration of 180

22 days from the date of enactment of this Act.

23 (2) MEETING OF STATE LEGISLATURE.—

24 (A) IN GENERAL.—If the Secretary of

25 Labor identifies a State as requiring a change
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•S 1069 IS

1 to its statutes or regulations in order to comply

2 with the amendments made by section 3043,

3 the amendments made by section 3043 shall

4 apply in the case of compensation paid for

5 weeks beginning after the earlier of—

6 (i) the date the State changes its stat7 utes or regulations in order to comply with

8 the amendments made by section 3043; or

9 (ii) the end of the first session of the

10 State legislature which begins after the

11 date of enactment of this Act or which

12 began prior to such date and remained in

13 session for at least 25 calendar days after

14 such date;

15 except that in no case shall the amendments

16 made by this subtitle apply before the date that

17 is 180 days after the date of enactment of this

18 Act.

19 (B) SESSION DEFINED.—In this para20 graph, the term ‘‘session’’ means a regular, spe21 cial, budget, or other session of a State legisla22 ture.
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•S 1069 IS

1 TITLE III—PROTECTIONS FOR

2 VICTIMS OF DOMESTIC VIO3 LENCE UNDER SOCIAL SECU4 RITY ACT PROGRAMS

5 SEC. 3001. WAIVERS FOR VICTIMS OF DOMESTIC VIOLENCE

6 UNDER THE TANF PROGRAM.

7 (a) FINDINGS.—Congress finds that—

8 (1) the intent of Congress in amending part A

9 of title IV of the Social Security Act (42 U.S.C. 601

10 et seq.) in section 103(a) of the Personal Responsi11 bility and Work Opportunity Reconciliation Act of

12 1996 (Public Law 104–193; 110 Stat 2112) was to

13 allow States to take into account the effects of the

14 epidemic of domestic violence in establishing their

15 welfare programs, by giving States the flexibility to

16 grant individual, temporary waivers for good cause

17 to victims of domestic violence who meet the criteria

18 set forth in section 402(a)(7)(A)(iii) of the Social

19 Security Act (42 U.S.C. 602(a)(7)(A)(iii));

20 (2) the allowance of waivers under that section

21 was not intended to be limited by other, separate,

22 and independent provisions of part A of title IV of

23 the Social Security Act (42 U.S.C. 601 et seq.);

24 (3) under that section, requirements under the

25 temporary assistance for needy families program
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•S 1069 IS

1 under part A of title IV of such Act may, for good

2 cause, be waived for so long as necessary; and

3 (4) good cause waivers granted pursuant to

4 that section are intended to be temporary and di5 rected only at particular program requirements, such

6 as time limits for receipt of assistance and work par7 ticipation, when needed on an individual case-by-case

8 basis, and are intended to facilitate the ability of vic9 tims of domestic violence to move forward and meet

10 program requirements when safe and feasible with11 out interference by domestic violence.

12 (b) CLARIFICATION OF WAIVER PROVISIONS.—

13 (1) IN GENERAL.—Section 402(a)(7) of the So14 cial Security Act (42 U.S.C. 602(a)(7)) is

15 amended—

16 (A) by redesignating subparagraph (B) as

17 subparagraph (E); and

18 (B) by inserting after subparagraph (A),

19 the following:

20 ‘‘(B) NO NUMERICAL LIMITS.—In imple21 menting this paragraph, a State shall not be

22 subject to any numerical limitation in the

23 granting of good cause waivers under subpara24 graph (A)(iii).
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•S 1069 IS

1 ‘‘(C) WAIVERED INDIVIDUALS NOT IN2 CLUDED FOR PURPOSES OF CERTAIN OTHER

3 PROVISIONS OF THIS PART.—Any individual to

4 whom a good cause waiver of compliance with

5 this Act has been granted in accordance with

6 subparagraph (A)(iii) shall not be included for

7 purposes of—

8 ‘‘(i) determining a State’s compliance

9 with the participation rate requirements

10 set forth in section 407;

11 ‘‘(ii) applying the limitation described

12 in section 408(a)(7)(C)(ii); or

13 ‘‘(iii) for purposes of determining

14 whether to impose a penalty under para15 graph (3), (5), or (9) of section 409(a).

16 ‘‘(D) SECRETARIAL REVIEW.—If, but for

17 subparagraph (C), a State would fail to comply

18 with the participation rate requirements set

19 forth in section 407, exceed the limitation de20 scribed in section 408(a)(7)(C)(ii), or have a

21 penalty imposed under paragraph (3), (5), or

22 (9) of section 409(a), the Secretary may review

23 the good cause waivers granted by a State

24 under subparagraph (A)(iii) to determine

25 whether the State has granted such waivers
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•S 1069 IS

1 pursuant to a determination of good cause, and

2 may revoke any waivers that the Secretary

3 finds were not granted in accordance with the

4 requirements of this paragraph.’’.

5 (2) EFFECTIVE DATE.—The amendment made

6 by paragraph (1) takes effect as if included in the

7 enactment of section 103(a) of the Personal Respon8 sibility and Work Opportunity Reconciliation Act of

9 1996 (Public Law 104–193; 110 Stat. 2112).

10 SEC. 3002. DISCLOSURE PROTECTIONS UNDER THE CHILD

11 SUPPORT PROGRAM.

12 (a) FEDERAL PARENT LOCATOR SERVICE.—Section

13 453 of the Social Security Act (42 U.S.C. 653) is

14 amended—

15 (1) in subsection (b)(2)—

16 (A) in the matter preceding subparagraph

17 (A), by inserting ‘‘, or that the health, safety,

18 or liberty of a parent or child would be put at

19 risk by the disclosure of such information,’’ be20 fore ‘‘provided that’’;

21 (B) in subparagraph (A), by inserting ‘‘,

22 that the health, safety, or liberty of a parent or

23 child would be put at risk by the disclosure of

24 such information,’’ before ‘‘and that informa25 tion’’; and
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•S 1069 IS

1 (C) in subparagraph (B)(i), by striking ‘‘be

2 harmful to the parent or the child’’ and insert3 ing ‘‘place the health, safety, or liberty of a par4 ent or child at risk’’; and

5 (2) in subsection (c)(2), by inserting ‘‘, or to

6 serve as the initiating court in an action to seek an

7 order,’’ before ‘‘against a noncustodial’’.

8 (b) STATE PLAN REQUIREMENTS.—Section 454(26)

9 of the Social Security Act (42 U.S.C. 654(26)) is

10 amended—

11 (1) in subparagraph (C), by striking ‘‘result in

12 physical or emotional harm to the party or the

13 child’’ and inserting ‘‘place the health, safety, or lib14 erty of a parent or child at risk’’;

15 (2) in subparagraph (D), by striking ‘‘of domes16 tic violence or child abuse against a party or the

17 child and that the disclosure of such information

18 could be harmful to the party or the child’’ and in19 serting ‘‘that the health, safety, or liberty of a par20 ent or child would be put at risk by the disclosure

21 of such information’’; and

22 (3) in subparagraph (E), by striking ‘‘of domes23 tic violence’’ and all that follows through the semi24 colon and inserting ‘‘that the health, safety, or lib25 erty of a parent or child would be put at risk by the
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•S 1069 IS

1 disclosure of such information pursuant to section

2 453(b)(2), the court shall determine whether disclo3 sure to any other person or persons of information

4 received from the Secretary could place the health,

5 safety, or liberty of a parent or child at risk (if the

6 court determines that disclosure to any other person

7 could be harmful, the court and its agents shall not

8 make any such disclosure);’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall take effect as if included in the enact11 ment of the Balanced Budget Act of 1997 (Public Law

12 105–33; 111 Stat. 251).

13 SEC. 3003. BONUS TO BUILD REAL OPPORTUNITIES FOR

14 POOR FAMILIES.

15 Section 403(a) of the Social Security Act (42 U.S.C.

16 603(a)) is amended by adding at the end the following:

17 ‘‘(6) BUILDING OPPORTUNITIES BONUS.—

18 ‘‘(A) IN GENERAL.—The Secretary shall

19 award a grant pursuant to this paragraph to

20 each State for each bonus year for which the

21 State is a high performing State.

22 ‘‘(B) AMOUNT OF GRANT.—

23 ‘‘(i) IN GENERAL.—Subject to clause

24 (ii), the Secretary shall determine the

25 amount of the grant payable under this
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•S 1069 IS

1 paragraph to a high performing State for

2 a bonus year, which shall be based on the

3 score assigned to the State under subpara4 graph (D)(i) for the fiscal year that imme5 diately precedes the bonus year.

6 ‘‘(ii) LIMITATION.—The amount pay7 able to a State under this paragraph for a

8 bonus year shall not exceed 5 percent of

9 the State family assistance grant and shall

10 be used to address the issues set forth in

11 subparagraph (C).

12 ‘‘(C) CRITERIA FOR MEASURING STATE

13 PERFORMANCE.—Not later than 1 year after

14 the date of enactment of this paragraph, the

15 Secretary, in consultation with the National

16 Governor’s Association and the Institute for

17 Women’s Policy Research, shall develop criteria

18 for measuring State performance in operating

19 the State program funded under this part to

20 address the following issues as they relate to

21 the ability of recipients of assistance under the

22 State program to become economically self-suf23 ficient:

24 ‘‘(i) CHILD CARE.—Whether States

25 are—
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•S 1069 IS

1 ‘‘(I) ensuring an adequate supply

2 of safe, accessible, appropriate, and

3 quality child care slots;

4 ‘‘(II) helping women identify and

5 place children in safe, accessible, ap6 propriate, and quality child care;

7 ‘‘(III) ensuring that available

8 child care slots are filled;

9 ‘‘(IV) improving the quality of

10 child care by ensuring that child care

11 providers are adequately paid and

12 trained;

13 ‘‘(V) increasing access to safe,

14 accessible, appropriate, and quality

15 child care by making child care sub16 sidies available to recipients of assist17 ance under the State program funded

18 under this part and families that earn

19 up to 85 percent of the State’s me20 dian income;

21 ‘‘(VI) collaborating with State

22 child care resource and referral agen23 cies and child care development ex24 perts in developing and implementing

25 child care programs and policies; and
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•S 1069 IS

1 ‘‘(VII) collaborating with State

2 domestic violence coalitions to address

3 the child care needs of families af4 fected by domestic violence.

5 ‘‘(ii) EMPLOYMENT.—Whether States

6 are—

7 ‘‘(I) providing education and

8 training for recipients of assistance

9 under the State program under this

10 part for employment that pays a sus11 tainable wage, such as apprenticeable,

12 technical, and professional occupa13 tions, and nontraditional employment;

14 ‘‘(II) placing such recipients in

15 such employment;

16 ‘‘(III) retaining such recipients in

17 such employment;

18 ‘‘(IV) providing career develop19 ment assistance for such recipients,

20 including job readiness training, reli21 able, up-to-date career counseling

22 services, and employability assess23 ments on available employment that

24 pays a sustainable wage, and informa25 tion on nontraditional training, edu-
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•S 1069 IS

1 cation options, and employment op2 portunities for women entering wel3 fare-to-work programs; and

4 ‘‘(V) utilizing resources available

5 under title I of the Workforce Invest6 ment Act of 1998 (29 U.S.C. 2801 et

7 seq.), including under section

8 134(a)(3)(A)(vi)(II) of such Act (29

9 U.S.C. 2864(a)(3)(A)(vi)(II)), to sup10 port State efforts on education, train11 ing, placement, retention and career

12 development assistance, as described

13 in subclauses (I) through (IV).

14 ‘‘(iii) DOMESTIC VIOLENCE.—Whether

15 States are—

16 ‘‘(I) collaborating with State do17 mestic violence coalitions in imple18 menting substantive programs ad19 dressing domestic violence as an im20 pediment to women’s work and edu21 cation (such as demonstration and

22 model projects), programs placing do23 mestic violence advocates in welfare

24 offices, and programs providing em25 ployment and support services for vic-
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•S 1069 IS

1 tims of domestic violence that will

2 reach a substantial number of bat3 tered women;

4 ‘‘(II) collaborating with State do5 mestic violence coalitions in adopting

6 and implementing the option under

7 the State plan relating to domestic vi8 olence set forth in section 402(a)(7);

9 ‘‘(III) collaborating with State

10 domestic violence coalitions in requir11 ing training on domestic violence for

12 case workers for the State program

13 funded under this part;

14 ‘‘(IV) collaborating with State

15 domestic violence coalitions in requir16 ing training on domestic violence for

17 job training, education, and job place18 ment programs that are contracted by

19 the State program funded under this

20 part and requiring that such pro21 grams implement strategies and pro22 grams to support victims of domestic

23 violence in the workplace;

24 ‘‘(V) conducting outreach to em25 ployers of recipients of assistance to
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•S 1069 IS

1 ensure that employers are aware of

2 and are implementing strategies and

3 programs to support victims of domes4 tic violence in the workplace; and

5 ‘‘(VI) conducting public edu6 cation on domestic violence.

7 ‘‘(D) SCORING OF STATE PERFORMANCE;

8 SETTING OF PERFORMANCE THRESHOLDS.—

9 For each bonus year, the Secretary shall—

10 ‘‘(i) use the criteria developed under

11 subparagraph (C) to assign a score to each

12 eligible State for the fiscal year that imme13 diately precedes the bonus year; and

14 ‘‘(ii) prescribe a performance thresh15 old in such a manner so as to ensure

16 that—

17 ‘‘(I) the average annual total

18 amount of grants to be made under

19 this paragraph for each bonus year

20 equals $200,000,000; and

21 ‘‘(II) the total amount of grants

22 to be made under this paragraph for

23 all bonus years equals

24 $1,000,000,000.

25 ‘‘(E) DEFINITIONS.—In this paragraph:
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•S 1069 IS

1 ‘‘(i) BONUS YEAR.—The term ‘bonus

2 year’ means fiscal years 2001, 2002, 2003,

3 2004, and 2005.

4 ‘‘(ii) CHILD CARE.—The term ‘child

5 care’ means all programs and arrange6 ments utilized by parents for the care of

7 children from birth through age 14, and

8 for the care of children with special needs

9 who are older than age 14, including day

10 care services provided by centers, family

11 day care, group family day care, informal

12 care, after hours care, and before- and

13 after-school programs.

14 ‘‘(iii) CHILD WITH SPECIAL NEEDS.—

15 The term ‘child with special needs’ has the

16 meaning given the term ‘child with a dis17 ability’ in section 602(3)(A)(i) of the Indi18 viduals With Disabilities Education Act

19 (20 U.S.C. 1401).

20 ‘‘(iv) DOMESTIC VIOLENCE.—The

21 term ‘domestic violence’ has the meaning

22 given the term ‘battered or subjected to ex23 treme cruelty’ in section 408(a)(7)(C)(iii).

24 ‘‘(v) HIGH PERFORMANCE STATE.—

25 The term ‘high performance State’ means,
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1 with respect to a bonus year, an eligible

2 State whose score assigned pursuant to

3 subparagraph (D)(i) for the fiscal year im4 mediately preceding the bonus year equals

5 or exceeds the performance threshold pre6 scribed under subparagraph (D)(ii) for

7 such preceding fiscal year.

8 ‘‘(vi) SUSTAINABLE WAGE.—The term

9 ‘sustainable wage’ means a wage that is at

10 least 185 percent above the poverty line

11 and that takes into account costs related

12 to employment such as Federal, State, and

13 local taxes, child care, transportation, food,

14 and shelter costs for a particular geo15 graphic area.

16 ‘‘(vii) NONTRADITIONAL EMPLOY17 MENT.—The term ‘nontraditional employ18 ment’ means occupations or fields of work,

19 including careers in computer science,

20 technology, and other emerging high skill

21 occupations, for which individuals from one

22 gender comprise less than 25 percent of

23 the individuals employed in each such oc24 cupation or field of work.
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1 ‘‘(viii) POVERTY LINE.—The term

2 ‘poverty line’ has the meaning given such

3 term in section 673(2) of the Community

4 Services Block Grant Act (42 U.S.C.

5 9902(2)), including any revision required

6 by such section.

7 ‘‘(F) APPROPRIATION.—Out of any money

8 in the Treasury of the United States not other9 wise appropriated, there are appropriated for

10 fiscal years 2001 through 2005,

11 $1,000,000,000 for grants under this para12 graph.’’.

13 TITLE IV—MISCELLANEOUS

14 PROVISIONS

15 SEC. 4001. GRANTS TO COMBAT VIOLENCE AGAINST

16 WOMEN.

17 (a) ENSURING ADEQUATE TRIBAL LAW ENFORCE18 MENT GRANTS ON VIOLENCE AGAINST WOMEN.—Section

19 2002(b)(1) of the Omnibus Crime Control and Safe

20 Streets Act of 1968 (42 U.S.C. 3796gg–1(b)(1)) is

21 amended by striking ‘‘4 percent’’ and inserting ‘‘5 per22 cent’’.

23 (b) COALITION GRANTS.—
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1 (1) IN GENERAL.—Part T of title I of the Om2 nibus Crime Control and Safe Streets Act of 1968

3 (42 U.S.C. 3796gg et seq.) is amended—

4 (A) by striking the part designation and

5 heading and inserting the following:

6 ‘‘PART T—GRANTS TO COMBAT VIOLENCE

7 AGAINST WOMEN’’; and

8 (B) by inserting after section 2002 the fol9 lowing:

10 ‘‘SEC. 2002A. STATE COALITION GRANTS.

11 ‘‘(a) DEFINITIONS.—In this section—

12 ‘‘(1) the term ‘combined United States Terri13 tories’ means Guam, American Samoa, the United

14 States Virgin Islands, the Northern Mariana Is15 lands, and the Trust Territory of the Pacific Islands;

16 ‘‘(2) the term ‘Indian country’ has the meaning

17 given that term in section 1151 of title 18, United

18 States Code;

19 ‘‘(3) the term ‘State’ means each of the several

20 States, the District of Columbia, and the Common21 wealth of Puerto Rico; and

22 ‘‘(4) the term ‘State coalition’ means—

23 ‘‘(A) a State domestic violence coalition

24 funded under section 311(b) of the Family Vio-
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1 lence Prevention and Services Act (42 U.S.C.

2 10410(b));

3 ‘‘(B) a State coalition of sexual assault

4 programs (as defined in section 393B(e) of the

5 Public Health Service Act); and

6 ‘‘(C) an entity that constitutes both a

7 State domestic violence coalition described in

8 subparagraph (A) and a State coalition of sex9 ual assault programs.

10 ‘‘(b) PURPOSE.—The Attorney General shall award

11 grants to State coalitions in accordance with this section,

12 which shall be used for the purposes of coordinating State

13 victim services activities, and collaborating and coordi14 nating with Federal, State, and local entities engaged in

15 violence against women activities.

16 ‘‘(c) OTHER AWARDS.—A grant awarded under this

17 subsection does not preclude a State coalition from receiv18 ing a grant under section 2002.

19 ‘‘(d) ALLOCATION.—

20 ‘‘(1) IN GENERAL.—Of the amount made avail21 able under section 1001(a)(18) in each fiscal year,

22 5 percent shall be used for grants under this section.

23 ‘‘(2) GEOGRAPHICAL DISTRIBUTION.—Of the

24 amount made available under paragraph (1) in each

25 fiscal year—
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‘‘(A) 1 1 ⁄54 shall be available in each State

2 and in the combined United States Territories;

3 and

‘‘(B) 1 4 ⁄54 shall be available for the estab5 lishment and operation of nonprofit, nongovern6 mental tribal domestic violence and sexual as7 sault coalitions in Indian country.

8 ‘‘(3) DISBURSEMENT OF GEOGRAPHICAL AL9 LOTMENTS.—Of the amount made available in each

10 fiscal year in each State, the combined United

11 States Territories, and in Indian country under

12 paragraph (2)—

13 ‘‘(A) 50 percent shall be—

14 ‘‘(i) awarded to the State coalition of

15 domestic violence programs; or

16 ‘‘(ii) with respect to a State in which

17 a single entity constitutes both the State

18 domestic violence coalition and the State

19 coalition of sexual assault programs,

20 awarded to that entity and used for domes21 tic violence program purposes; and

22 ‘‘(B) 50 percent shall be—

23 ‘‘(i) awarded to the State coalition of

24 sexual assault programs; or
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1 ‘‘(ii) with respect to a State described

2 in subparagraph (A)(ii), awarded to the

3 entity described in that subparagraph and

4 used for sexual assault program pur5 poses.’’.

6 (2) CONFORMING AMENDMENTS.—Part T of

7 title I of the Omnibus Crime Control and Safe

8 Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is

9 amended—

10 (A) in section 2001(b), by striking ‘‘this

11 part’’ and inserting ‘‘section 2002’’;

12 (B) in section 2002—

13 (i) in each of subsections (a), (c), (d),

14 (e), (f), (g), and (h), by striking ‘‘this

15 part’’ each place that term appears and in16 serting ‘‘this section’’;

17 (ii) in subsection (b), by inserting

18 ‘‘(less the amount reserved under section

19 2002A(d)(1))’’; and

20 (iii) in subsection (f), by striking ‘‘this

21 subtitle’’ and inserting ‘‘this section’’;

22 (C) in section 2004(b), by striking ‘‘this

23 part’’ each place that term appears and insert24 ing ‘‘section 2002’’;
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1 (D) in section 2005(a)(1), by striking ‘‘this

2 part’’ and inserting ‘‘section 2002’’; and

3 (E) in section 2006(a), by striking ‘‘this

4 part’’ and inserting ‘‘section 2002’’.

5 (c) ENSURING TRIBAL PARTICIPATION IN GRANTS

6 TO ENCOURAGE ARREST POLICIES.—Section 2101 of the

7 Omnibus Crime Control and Safe Streets Act of 1968 (42

8 U.S.C. 3796hh) is amended by adding at the end the fol9 lowing:

10 ‘‘(d) DISBURSEMENT.—Not less than 5 percent of

11 the total amount made available to carry out this section

12 in each fiscal year shall be used for grants to Indian tribal

13 governments.’’.

14 (d) ADDRESSING RURAL DOMESTIC VIOLENCE AND

15 CHILD ABUSE ON TRIBAL LANDS.—Section 40295(c) of

16 the Safe Homes for Women Act of 1994 (42 U.S.C.

17 13971(c)) is amended by adding at the end the following:

18 ‘‘(3) DISBURSEMENT.—Not less than 5 percent

19 of the total amount made available under paragraph

20 (1) in each fiscal year shall be used for grants to In21 dian tribal governments.’’.

Æ