II

106TH CONGRESS

1ST SESSION S. 51

To reauthorize the Federal programs to prevent violence against women,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. BIDEN (for himself, Mr. SPECTER, Mrs. BOXER, Mrs. MURRAY, Ms. MIKULSKI, Ms. LANDRIEU, Mrs. FEINSTEIN, Mrs. LINCOLN, Ms. SNOWE,

Mr. LAUTENBERG, Mr. REID, Mr. REED, Mr. DODD, Mr. INOUYE, Mr.

KERRY, Mr. ROBB, Mr. SCHUMER, Mr. WELLSTONE, and Mr. KENNEDY)

introduced the following bill; which was read twice and referred to the

Committee on the Judiciary

A BILL

To reauthorize the Federal programs to prevent violence

against women, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Violence Against Women Act II’’.

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.
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TITLE I—STRENGTHENING LAW ENFORCEMENT TO REDUCE

VIOLENCE AGAINST WOMEN

Sec. 101. Full faith and credit enforcement of protection orders.

Sec. 102. Role of courts.

Sec. 103. Reauthorization of STOP grants.

Sec. 104. Control of date-rape drug.

Sec. 105. Reauthorization of grants to encourage arrest policies.

Sec. 106. Violence against women in the military system.

Sec. 107. Hate crimes prevention.

Sec. 108. Reauthorization of rural domestic violence and child abuse enforcement grants.

Sec. 109. National stalker and domestic violence reduction.

Sec. 110. Amendments to domestic violence and stalking offenses.

TITLE II—STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec. 201. Civil legal assistance.

Sec. 202. Shelters for battered women and children.

Sec. 203. Victims of abuse insurance protection.

Sec. 204. National domestic violence hotline.

Sec. 205. Federal victims’ counselors.

Sec. 206. Battered women’s employment protection.

Sec. 207. Ensuring unemployment compensation.

Sec. 208. Battered immigrant women.

Sec. 209. Older women’s protection from violence.

TITLE III—LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec. 301. Safe havens for children.

Sec. 302. Study of child custody laws in domestic violence cases.

Sec. 303. Reauthorization of runaway and homeless youth grants.

Sec. 304. Reauthorization of victims of child abuse programs.

TITLE IV—STRENGTHENING EDUCATION AND TRAINING TO

COMBAT VIOLENCE AGAINST WOMEN

Sec. 401. Education and training of health professionals.

Sec. 402. Education and training in appropriate responses to violence against

women.

Sec. 403. Rape prevention and education.

Sec. 404. Violence against women prevention education among youth.

Sec. 405. Education and training to end violence against and abuse of women

with disabilities.

Sec. 406. Community initiatives.

Sec. 407. National commission on standards of practice and training for sexual

assault examinations.

Sec. 408. National workplace clearinghouse on violence against women.

Sec. 409. Strengthening research to combat violence against women.

TITLE V—EXTENSION OF VIOLENT CRIME REDUCTION TRUST

FUND

Sec. 501. Extension.
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1 SEC. 2. DEFINITIONS.

2 In this Act—

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

5 Omnibus Crime Control and Safe Streets Act of

6 1968 (42 U.S.C. 3796gg–2); and

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

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

10 (42 U.S.C.3796gg–2).

11 TITLE I—STRENGTHENING LAW

12 ENFORCEMENT TO REDUCE

13 VIOLENCE AGAINST WOMEN

14 SEC. 101. FULL FAITH AND CREDIT ENFORCEMENT OF PRO15 TECTION ORDERS.

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

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

18 3796hh et seq.) is amended—

19 (1) in the part heading, by adding ‘‘AND EN20 FORCEMENT OF PROTECTION OR21 DERS’’ at the end;

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

23 following:

24 ‘‘(7) To provide technical assistance and com25 puter and other equipment to police departments,

26 prosecutors, courts, and tribal jurisdictions to facili-
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1 tate the widespread enforcement of protection or2 ders, including interstate enforcement, enforcement

3 between States and tribal jurisdictions, and enforce4 ment between tribal jurisdictions.’’; and

5 (3) in section 2102—

6 (A) in subsection (b)—

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

8 ‘‘and’’ at the end;

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

10 period at the end and inserting ‘‘, includ11 ing the enforcement of protection orders

12 from other States and jurisdictions (includ13 ing tribal jurisdictions);’’; and

14 (iii) by adding at the end the follow15 ing:

16 ‘‘(3) have established cooperative agreements

17 with neighboring jurisdictions to facilitate the en18 forcement of protection orders from other States and

19 jurisdictions (including tribal jurisdictions); and

20 ‘‘(4) will give priority to using the grant to de21 velop and install data collection and communication

22 systems, including computerized systems, linking po23 lice, prosecutors, courts, and tribal jurisdictions for

24 the purpose of identifying and tracking protection

25 orders and violations of protection orders.’’; and
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1 (B) by adding at the end the following:

2 ‘‘(c) DISSEMINATION OF INFORMATION.—The Attor3 ney General shall annually compile and broadly dissemi4 nate (including through electronic publication) informa5 tion about successful data collection and communication

6 systems that meet the purposes described in subsection

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

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

9 government.’’.

10 (b) CUSTODY AND PROTECTION ORDERS.—Section

11 2265 of title 18, United States Code, is amended by add12 ing at the end the following:

13 ‘‘(d) REGISTRATION.—

14 ‘‘(1) IN GENERAL.—A State or Indian tribe

15 shall not notify the party against whom a protection

16 order has been made that the protection order has

17 been registered or filed in the State or tribal juris18 diction unless requested to do so by the party pro19 tected under that order.

20 ‘‘(2) NO PRIOR REGISTRATION OR FILING RE21 QUIRED.—Nothing in this subsection may be con22 strued to require the prior filing or registration of

23 a protection order in an enforcing State in order to

24 secure enforcement pursuant to subsection (a).
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1 ‘‘(e) NOTICE.—A protection order that is otherwise

2 consistent with this section shall be accorded full faith and

3 credit and enforced notwithstanding the failure to provide

4 notice to the party against whom the order is made of

5 its registration or filing in the enforcing State or Indian

6 tribe.’’.

7 (c) TECHNICAL AMENDMENT.—The table of contents

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

9 Act of 1968 (42 U.S.C. 3711 et seq.) is amended in the

10 item relating to part U, by adding ‘‘AND ENFORCEMENT

11 OF PROTECTION ORDERS’’ at the end.

12 SEC. 102. ROLE OF COURTS.

13 (a) COURTS AS ELIGIBLE STOP GRANTEES.—Part

14 T of title I of the Omnibus Crime Control and Safe Streets

15 Act of 1968 (42 U.S.C. 3796gg et seq.) is amended—

16 (1) in section 2001—

17 (A) in subsection (a)—

18 (i) by inserting ‘‘State and local

19 courts,’’ after ‘‘States,’’; and

20 (ii) by inserting ‘‘tribal courts,’’ after

21 ‘‘Indian tribal governments,’’; and

22 (B) in subsection (b)—

23 (i) in each of paragraphs (1) and (2),

24 by inserting ‘‘, judges and other court per-
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1 sonnel,’’ after ‘‘law enforcement officers’’;

2 and

3 (ii) in paragraph (3), by inserting ‘‘,

4 court,’’ after ‘‘police’’; and

5 (2) in section 2002—

6 (A) in subsection (a), by inserting ‘‘State

7 and local courts,’’ after ‘‘States,’’ the second

8 place it appears;

9 (B) in subsection (c), by striking para10 graph (3) and inserting the following:

11 ‘‘(3) of the amount granted—

12 ‘‘(A) not less than 25 percent shall be allo13 cated to police and prosecutors;

14 ‘‘(B) not less than 30 percent shall be allo15 cated to victim services; and

16 ‘‘(C) not less than 10 percent shall be allo17 cated for State and local courts; and’’; and

18 (C) in subsection (d)(1), by inserting

19 ‘‘court,’’ after ‘‘law enforcement,’’.

20 (b) REAUTHORIZATION OF STATE JUSTICE INSTI21 TUTE GRANTS.—Chapter 1 of subtitle D of the Violence

22 Against Women Act of 1994 (42 U.S.C. 13991 et seq.)

23 is amended—

24 (1) in section 40412—
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1 (A) in paragraph (6), by inserting ‘‘stereo2 typing of individuals with disabilities (as de3 fined in section 3 of the Americans with Dis4 abilities Act of 1990 (42 U.S.C. 12102)) who

5 are victims of rape, sexual assault, abuse, or vi6 olence,’’ before ‘‘racial stereotyping’’;

7 (B) in paragraph (13), by inserting ‘‘or

8 among individuals with disabilities (as defined

9 in section 3 of the Americans with Disabilities

10 Act of 1990 (42 U.S.C. 12102)),’’ after ‘‘socio11 economic groups,’’;

12 (C) in paragraph (18), by striking ‘‘and’’

13 at the end;

14 (D) in paragraph (19), by striking the pe15 riod at the end and inserting a semicolon; and

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

17 ‘‘(20) domestic violence and child abuse in cus18 tody determinations and stereotypes regarding the

19 fitness of individuals with disabilities (as defined in

20 section 3 of the Americans with Disabilities Act of

21 1990 (42 U.S.C. 12102)) to retain custody of chil22 dren in domestic violence cases;

23 ‘‘(21) promising practices in the vertical man24 agement of domestic violence offender cases; and
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1 ‘‘(22) issues relating to violence against and

2 abuse of individuals with disabilities (as defined in

3 section 3 of the Americans with Disabilities Act of

4 1990 (42 U.S.C. 12102)), including the nature of

5 physical, mental, and communications disabilities,

6 the special vulnerability to violence of individuals

7 with disabilities, and the types of violence and abuse

8 experienced by individuals with disabilities.’’; and

9 (2) in section 40414, by striking subsection (a)

10 and inserting the following:

11 ‘‘(a) IN GENERAL.—There is authorized to be appro12 priated from the Violent Crime Reduction Trust Fund es13 tablished under section 310001 of the Violent Crime Con14 trol and Law Enforcement Act of 1994 (42 U.S.C. 14211)

15 to carry out this chapter $600,000 for each of fiscal years

16 2000 through 2002.’’.

17 (c) FEDERAL JUDICIAL PERSONNEL.—In carrying

18 out section 620(b)(3) of title 28, United States Code, the

19 Federal Judicial Center, shall include in its educational

20 and training programs, including the training programs

21 for newly appointed judges, information on the topics list22 ed in section 40412 of the Equal Justice for Women in

23 the Courts Act (42 U.S.C. 13992) that pertain to issues

24 within the jurisdiction of the Federal courts, and shall pre-
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1 pare materials necessary to implement this section and the

2 amendments made by this section.

3 (d) GRANTS TO ENCOURAGE ARREST POLICIES.—

4 (1) ELIGIBLE GRANTEES; USE OF GRANTS FOR

5 EDUCATION.—Section 2101 of part U of title I of

6 the Omnibus Crime Control and Safe Streets Act of

7 1968 (42 U.S.C. 3796hh) is amended—

8 (A) in subsection (a), by inserting ‘‘State

9 and local courts, tribal courts,’’ after ‘‘Indian

10 tribal governments,’’;

11 (B) in each of subsections (b) and (c), by

12 inserting ‘‘State and local courts,’’ after ‘‘In13 dian tribal governments’’; and

14 (C) in subsection (b)—

15 (i) in paragraph (2), by striking ‘‘poli16 cies and’’ and inserting ‘‘policies, edu17 cational programs, and’’; and

18 (ii) in each of paragraphs (3) and (4),

19 by inserting ‘‘parole and probation offi20 cers,’’ after ‘‘prosecutors,’’ each place that

21 term appears.

22 (2) ALLOTMENT FOR INDIAN TRIBES.—Section

23 2101 of the Omnibus Crime Control and Safe

24 Streets Act of 1968 (42 U.S.C. 3796hh) is amended

25 by adding at the end the following:
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1 ‘‘(d) ALLOTMENT FOR INDIAN TRIBES.—

2 ‘‘(1) IN GENERAL.—Not less than 5 percent of

3 the total amount made available for grants under

4 this section for each fiscal year shall be available for

5 grants to Indian tribal governments.

6 ‘‘(2) REALLOTMENT OF FUNDS.—If, beginning

7 12 months after the first day of any fiscal year for

8 which amounts are made available under this sub9 section, any amount made available under this sub10 section remains unobligated, the unobligated amount

11 may be allocated without regard to paragraph (1) of

12 this subsection.’’.

13 SEC. 103. REAUTHORIZATION OF STOP GRANTS.

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

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

16 1968 (42 U.S.C. 3793(a)(18)) is amended to read as fol17 lows:

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

19 the Violent Crime Reduction Trust Fund established

20 under section 310001 of the Violent Crime Control and

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

22 out part T $184,000,000 for fiscal year 2000,

23 $185,000,000 for fiscal year 2001, and $186,000,000 for

24 fiscal year 2002.’’.
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1 (b) STATE COALITION GRANTS.—Part T of title I of

2 the Omnibus Crime Control and Safe Streets Act of 1968

3 (42 U.S.C. 3796gg et seq.) is amended—

4 (1) in section 2001—

5 (A) in subsection (b)(5), by inserting ‘‘,

6 and the forms of violence and abuse suffered by

7 women who are individuals with disabilities (as

8 defined in section 3 of the Americans with Dis9 abilities Act of 1990 (42 U.S.C. 12102))’’; and

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

11 ‘‘(c) STATE COALITION GRANTS.—

12 ‘‘(1) PURPOSE.—The Attorney General shall

13 make grants to each State domestic violence coali14 tion and sexual assault coalition for the purposes of

15 coordinating State victim services activities, and col16 laborating and coordinating with Federal, State, and

17 local entities engaged in violence against women ac18 tivities.

19 ‘‘(2) GRANTS TO STATE COALITIONS.—The At20 torney General shall make grants to—

21 ‘‘(A) each State domestic violence coalition,

22 as determined by the Secretary of Health and

23 Human Services through the Family Violence

24 Prevention and Services Act (42 U.S.C. 10410

25 et seq.); and
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1 ‘‘(B) each State sexual assault coalition, as

2 determined by the Secretary of Health and

3 Human Services under the Public Health Serv4 ice Act.

5 ‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Re6 ceipt of an award under this subsection by each

7 State domestic violence and sexual assault coalition

8 shall not preclude the coalition from receiving addi9 tional grants under this part to carry out the pur10 poses described in subsection (b).’’;

11 (2) in section 2002(b)—

12 (A) by redesignating paragraphs (2) and

13 (3) as paragraphs (3) and (4), respectively; and

14 (B) by inserting after paragraph (1) the

15 following:

16 ‘‘(2) 2 percent shall be available for grants for

17 State coalitions under section 2001(c), with the coa18 lition for each State, the coalition for the District of

19 Columbia, the coalition for the Commonwealth of

20 Puerto Rico, and the coalition for the combined Ter21 ritories of the United States each receiving an

amount equal to 1 22 ⁄53 of the total amount made avail23 able under this paragraph for each fiscal year;’’; and

24 (3) in section 2003—
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1 (A) in paragraph (1), by inserting ‘‘by a

2 person with whom the victim has engaged in a

3 social relationship of a romantic or intimate na4 ture’’ after ‘‘child in common,’’;

5 (B) in paragraph (8)—

6 (i) by striking ‘‘assisting domestic vio7 lence or sexual assault victims through the

8 legal process’’ and inserting ‘‘providing as9 sistance for victims seeking legal, social, or

10 health care services’’; and

11 (ii) by inserting before the period at

12 the end the following: ‘‘, except that the

13 term does not include any program or ac14 tivity that is targeted primarily for offend15 ers’’; and

16 (C) in paragraph (7), by striking ‘‘physical’’.

17 (d) REALLOTMENT OF FUNDS.—Section 2002(e) of

18 the Omnibus Crime Control and Safe Streets Act of 1968

19 (42 U.S.C. 3796gg–1(e)) is amended by adding at the end

20 the following:

21 ‘‘(3) REALLOTMENT OF FUNDS.—

22 ‘‘(A) IN GENERAL.—If, beginning 1 year

23 after the last day of any fiscal year for which

24 amounts are made available under section

25 1001(a)(18), any amount made available re-
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1 mains unobligated, the unobligated amount may

2 be allocated by a State to fulfill the purposes

3 described in section 2001(b), without regard to

4 subsection (c)(3) of this section.

5 ‘‘(B) GUIDELINES.—The Attorney General

6 shall promulgate guidelines to implement this

7 paragraph.’’.

8 SEC. 104. CONTROL OF DATE-RAPE DRUG.

9 Notwithstanding section 201 or subsection (a) or (b)

10 of section 202 of the Controlled Substances Act (21

11 U.S.C. 811, 812(a), 812(b)) respecting the scheduling of

12 controlled substances, the Attorney General shall by order

13 transfer flunitrazepam from schedule IV of such Act to

14 schedule I of such Act.

15 SEC. 105. REAUTHORIZATION OF GRANTS TO ENCOURAGE

16 ARREST POLICIES.

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

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

19 3793(a)(19)) is amended to read as follows:

20 ‘‘(19) There is authorized to be appropriated from

21 the Violent Crime Reduction Trust Fund established

22 under section 310001 of the Violent Crime Control and

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

24 out part U $64,000,000 for fiscal year 2000, $65,000,000
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1 for fiscal year 2001, and $66,000,000 for fiscal year

2 2002.’’.

3 SEC. 106. VIOLENCE AGAINST WOMEN IN THE MILITARY

4 SYSTEM.

5 (a) CRIMINAL OFFENSES COMMITTED OUTSIDE THE

6 UNITED STATES BY PERSONS ACCOMPANYING THE

7 ARMED FORCES.—

8 (1) IN GENERAL.—Title 18, United States

9 Code, is amended by inserting after chapter 211 the

10 following:

11 ‘‘CHAPTER 212—DOMESTIC VIOLENCE AND

12 SEXUAL ASSAULT OFFENSES COMMIT13 TED OUTSIDE THE UNITED STATES

‘‘Sec.

‘‘3261. Definitions.

‘‘3262. Domestic violence and sexual assault offenses committed by persons employed by or accompanying, the Armed Forces outside the

United States.

‘‘3263. Delivery to authorities of foreign countries.

‘‘3264. Regulations.

14 ‘‘§ 3261. Definitions

15 ‘‘In this chapter—

16 ‘‘(1) the term ‘armed forces’ has the same

17 meaning as in section 101(a)(4) of title 10;

18 ‘‘(2) a person is ‘employed by the Armed

19 Forces outside of the United States’ if the person—

20 ‘‘(A) is an employee of the Department of

21 Defense;
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1 ‘‘(B) is present or residing outside of the

2 United States in connection with such employ3 ment; and

4 ‘‘(C) is a national of the United States, as

5 defined in 101(a)(22) of the Immigration and

6 Nationality Act (8 U.S.C. 1101(a)(22)); and

7 ‘‘(3) a person is ‘accompanying the Armed

8 Forces outside of the United States’ if the person—

9 ‘‘(A) is a dependent of a member of the

10 armed forces, as determined under regulations

11 prescribed pursuant to section 3264;

12 ‘‘(B) is a dependent of an employee of the

13 Department of Defense, as determined under

14 regulations prescribed pursuant to section

15 3264;

16 ‘‘(C) is residing with the member or em17 ployee outside of the United States; and

18 ‘‘(D) is a national of the United States, as

19 defined in 101(a)(22) of the Immigration and

20 Nationality Act (8 U.S.C. 1101(a)(22)).
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1 ‘‘§ 3262. Domestic violence and sexual assault of2 fenses committed by persons employed

3 by or accompanying the Armed Forces

4 outside the United States

5 ‘‘(a) IN GENERAL.—Whoever, while employed by or

6 accompanying the Armed Forces outside of the United

7 States, engages in conduct that would constitute a domes8 tic violence or sexual assault offense, if the conduct had

9 been engaged in within the special maritime and territorial

10 jurisdiction of the United States, shall be subject to pros11 ecution in a district court of the United States.

12 ‘‘(b) CONCURRENT JURISDICTION.—Nothing con13 tained in this chapter deprives courts-martial, military

14 commissions, provost courts, or other military tribunals of

15 concurrent jurisdiction with respect to offenders or of16 fenses that by statute or by the law of war may be tried

17 by courts-martial, military commissions, provost courts, or

18 other military tribunals.

19 ‘‘(c) PRIORITY OF EXERCISE OF JURISDICTION.—

20 ‘‘(1) ACTION BY MILITARY TRIBUNAL.—No

21 prosecution may be commenced in the United States

22 district court under this section until an official of

23 the Department of Defense designated pursuant to

24 regulations jointly prescribed by the Attorney Gen25 eral, the Secretary of Defense, and the Secretary of

26 Transportation (with respect to the Coast Guard
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1 when it is not operating as a service in the Navy)

2 waives the exercise of jurisdiction referred to in sub3 section (b) in accordance with procedures set forth

4 in the regulations.

5 ‘‘(2) ACTION BY FOREIGN GOVERNMENT.—No

6 prosecution may be commenced in a district court

7 under this section if a foreign government, in ac8 cordance with jurisdiction recognized by the United

9 States, has prosecuted or is prosecuting such person

10 for the conduct constituting such offense, except

11 upon the approval of the Attorney General of the

12 United States or the Deputy Attorney General of the

13 United States (or a person acting in either such ca14 pacity), which function of approval shall not be dele15 gated.

16 ‘‘(d) ARRESTS.—

17 ‘‘(1) LAW ENFORCEMENT PERSONNEL.—The

18 Secretary of Defense may designate and authorize

19 any person serving in a law enforcement position in

20 the Department of Defense to arrest outside of the

21 United States any person described in subsection (a)

22 if there is probable cause to believe that such person

23 engaged in conduct which constitutes a criminal of24 fense under subsection (a).
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1 ‘‘(2) RELEASE TO CIVILIAN LAW ENFORCE2 MENT.—A person arrested under paragraph (1)

3 shall be released to the custody of civilian law en4 forcement authorities of the United States for re5 moval to the United States for judicial proceedings

6 in the United States district court of the named ju7 risdiction of origin of the person arrested in relation

8 to conduct referred to in such paragraph if—

9 ‘‘(A) military jurisdiction has been waived

10 under subsection (c)(1) in the case of that per11 son; and

12 ‘‘(B) that person has not been, and is not

13 to be, delivered to authorities of a foreign coun14 try under section 3263; or

15 ‘‘§ 3263. Delivery to authorities of foreign countries

16 ‘‘(a) IN GENERAL.—Any person designated and au17 thorized under section 3262(d) may deliver a person de18 scribed in section 3262(a) to the appropriate authorities

19 of a foreign country in which the person is alleged to have

20 engaged in conduct described in subsection (a) if—

21 ‘‘(1) the appropriate authorities of that country

22 request the delivery of the person to such country

23 for trial for such conduct as an offense under the

24 laws of that country; and
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1 ‘‘(2) the delivery of such person to that country

2 is authorized by a treaty or other international

3 agreement to which the United States is a party.

4 ‘‘(b) DETERMINATION BY THE SECRETARY.—The

5 Secretary of Defense shall determine which officials of a

6 foreign country constitute appropriate authorities for pur7 poses of this section.

8 ‘‘§ 3264. Regulations

9 ‘‘The Secretary of Defense shall issue regulations

10 governing the apprehension, detention, and removal of

11 persons under this chapter. Such regulations shall be uni12 form throughout the Department of Defense.’’.

13 (2) CLERICAL AMENDMENT.—The table of

14 chapters at the beginning of part II of title 18,

15 United States Code, is amended by inserting after

16 the item relating to chapter 211 the following:

‘‘212. Domestic Violence and Sexual Assault Offenses

Committed Outside the United States ........... 3261’’.

17 (b) RECORDS OF MILITARY JUSTICE ACTIONS.—

18 (1) IN GENERAL.—Subchapter XI of chapter 47

19 of title 10, United States Code, is amended by add20 ing at the end the following:
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1 ‘‘§ 940a. Art. 140a Military justice information: trans2 mission to Director of the Federal Bureau

3 of Investigation

4 ‘‘Whenever a member of the armed forces is dis5 charged or dismissed from the armed forces or is released

6 from active duty, the Secretary of the military department

7 concerned shall transmit to the Director of the Federal

8 Bureau of Investigation a copy of records of any penal

9 action taken against the member during that period under

10 this chapter, including any nonjudicial punishment im11 posed under section 815 of this title (article 15).’’.

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of subchapter IX of chapter

14 47 of title 10, United States Code, is amended by

15 adding at the end the following:

‘‘940a. 140a. Military justice information: transmission to the Director of the

Federal Bureau of Investigation.’’.

16 (c) TRANSITIONAL COMPENSATION.—Section

17 1059(g)(2) of title 10, United States Code, is amended

18 by striking ‘‘the Secretary may not resume such pay19 ments’’ and inserting ‘‘the Secretary may, under cir20 cumstances determined extraordinary by the Secretary, re21 sume such payments’’.

22 SEC. 107. HATE CRIMES PREVENTION.

23 (a) DEFINITION.—In this section, the term ‘‘hate

24 crime’’ has the same meaning as in section 280003(a) of
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1 the Violent Crime Control and Law Enforcement Act of

2 1994 (28 U.S.C. 994 note).

3 (b) PROHIBITION OF CERTAIN ACTS OF VIOLENCE.—

4 Section 245 of title 18, United States Code, is amended—

5 (1) by redesignating subsections (c) and (d) as

6 subsections (d) and (e), respectively; and

7 (2) by inserting after subsection (b) the follow8 ing:

9 ‘‘(c)(1) Whoever, whether or not acting under color

10 of law, willfully causes bodily injury to any person or,

11 through the use of fire, a firearm, or an explosive device,

12 attempts to cause bodily injury to any person, because of

13 the actual or perceived race, color, religion, or national

14 origin of any person—

15 ‘‘(A) shall be imprisoned not more than 10

16 years, or fined in accordance with this title, or both;

17 and

18 ‘‘(B) shall be imprisoned for any term of years

19 or for life, or fined in accordance with this title, or

20 both if—

21 ‘‘(i) death results from the acts committed

22 in violation of this paragraph; or

23 ‘‘(ii) the acts committed in violation of this

24 paragraph include kidnapping or an attempt to

25 kidnap, aggravated sexual abuse or an attempt
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1 to commit aggravated sexual abuse, or an at2 tempt to kill.

3 ‘‘(2)(A) Whoever, whether or not acting under color

4 of law, in any circumstance described in subparagraph

5 (B), willfully causes bodily injury to any person or,

6 through the use of fire, a firearm, or an explosive device,

7 attempts to cause bodily injury to any person, because of

8 the actual or perceived religion, gender, sexual orientation,

9 or disability of any person—

10 ‘‘(i) shall be imprisoned not more than 10

11 years, or fined in accordance with this title, or both;

12 and

13 ‘‘(ii) shall be imprisoned for any term of years

14 or for life, or fined in accordance with this title, or

15 both, if—

16 ‘‘(I) death results from the acts committed

17 in violation of this paragraph; or

18 ‘‘(II) the acts committed in violation of

19 this paragraph include kidnapping or an at20 tempt to kidnap, aggravated sexual abuse or an

21 attempt to commit aggravated sexual abuse, or

22 an attempt to kill.

23 ‘‘(B) For purposes of subparagraph (A), the cir24 cumstances described in this subparagraph are that—
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1 ‘‘(i) in connection with the offense, the defend2 ant or the victim travels in interstate or foreign

3 commerce, uses a facility or instrumentality of inter4 state or foreign commerce, or engages in any activity

5 affecting interstate or foreign commerce; or

6 ‘‘(ii) the offense is in or affects interstate or

7 foreign commerce.’’.

8 (c) DUTIES OF FEDERAL SENTENCING COMMIS9 SION.—

10 (1) AMENDMENT OF FEDERAL SENTENCING

11 GUIDELINES.—Pursuant to its authority under sec12 tion 994 of title 28, United States Code, the United

13 States Sentencing Commission shall study the issue

14 of adult recruitment of juveniles to commit hate

15 crimes and shall, if appropriate amend the Federal

16 sentencing guidelines to provide sentencing enhance17 ments (in addition to the sentencing enhancement

18 provided for the use of a minor during the commis19 sion of an offense) for adult defendants who recruit

20 juveniles to assist in the commission of hate crimes.

21 (2) CONSISTENCY WITH OTHER GUIDELINES.—

22 In carrying out this subsection, the United States

23 Sentencing Commission shall—
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1 (A) ensure that there is reasonable consist2 ency with other Federal sentencing guidelines;

3 and

4 (B) avoid duplicative punishments for sub5 stantially the same offense.

6 (d) GRANT PROGRAM.—

7 (1) AUTHORITY TO MAKE GRANTS.—The Ad8 ministrator of the Office of Juvenile Justice and De9 linquency Prevention of the Department of Justice

10 shall make grants, in accordance with such regula11 tions as the Attorney General may prescribe, to

12 State and local programs designed to combat hate

13 crimes committed by juveniles.

14 (2) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated such sums

16 as may be necessary to carry out this subsection.

17 (e) AUTHORIZATION FOR ADDITIONAL PERSONNEL

18 TO ASSIST STATE AND LOCAL LAW ENFORCEMENT.—

19 There are authorized to be appropriated to the Depart20 ment of the Treasury and the Department of Justice, in21 cluding the Community Relations Service, for fiscal years

22 2000, 2001, and 2002 such sums as are necessary to in23 crease the number of personnel to prevent and respond

24 to alleged violations of section 245 of title 18, United

25 States Code (as amended by this section).
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1 (f) SEVERABILITY.—If any provision of this section,

2 an amendment made by this section, or the application

3 of such provision or amendment to any person or cir4 cumstance is held to be unconstitutional, the remainder

5 of this section, the amendments made by this section, and

6 the application of the provisions of such to any person or

7 circumstance shall not be affected thereby.

8 SEC. 108. REAUTHORIZATION OF RURAL DOMESTIC VIO9 LENCE AND CHILD ABUSE ENFORCEMENT

10 GRANTS.

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

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

13 13971(c)(1)) is amended to read as follows:

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

15 appropriated from the Violent Crime Reduction

16 Trust Fund established under section 310001 of the

17 Violent Crime Control and Law Enforcement Act of

18 1994 (42 U.S.C. 14211) to carry out this section—

19 ‘‘(A) $34,000,000 for fiscal year 2000;

20 ‘‘(B) $35,000,000 for fiscal year 2001; and

21 ‘‘(C) $36,000,000 for fiscal year 2002.’’.

22 (b) INDIAN TRIBES.—Section 40295(c) of the Vio23 lence Against Women Act of 1994 (42 U.S.C. 13971(c))

24 is amended by adding at the end the following:

25 ‘‘(3) ALLOTMENT FOR INDIAN TRIBES.—
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1 ‘‘(A) IN GENERAL.—Not less than 5 per2 cent of the total amount made available to

3 carry out this section for each fiscal year shall

4 be available for grants to Indian tribal govern5 ments.

6 ‘‘(B) REALLOTMENT OF FUNDS.—If, be7 ginning 12 months after the last day of any fis8 cal year for which amounts are made available

9 to carry out this paragraph, any amount made

10 available under this paragraph remains unobli11 gated, the unobligated amount may be allocated

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

13 SEC. 109. NATIONAL STALKER AND DOMESTIC VIOLENCE

14 REDUCTION.

15 (a) REAUTHORIZATION.—Section 40603 of the Vio16 lence Against Women Act of 1994 (42 U.S.C. 14032) is

17 amended to read as follows:

18 ‘‘SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘There is authorized to be appropriated from the Vio20 lent Crime Reduction Trust Fund established under sec21 tion 310001 of the Violent Crime Control and Law En22 forcement Act of 1994 (42 U.S.C. 14211) to carry out

23 this subtitle—

24 ‘‘(1) $2,000,000 for fiscal year 2000;

25 ‘‘(2) $3,000,000 for fiscal year 2001; and
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1 ‘‘(3) $4,000,000 for fiscal year 2002.’’.

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

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

4 14031 note) is amended by inserting ‘‘and implement’’

5 after ‘‘improve’’.

6 SEC. 110. AMENDMENTS TO DOMESTIC VIOLENCE AND

7 STALKING OFFENSES.

8 (a) INTERSTATE DOMESTIC VIOLENCE.—Section

9 2261(a) of title 18, United States Code, is amended to

10 read as follows:

11 ‘‘(a) OFFENSES.—

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

13 person who travels in interstate or foreign commerce

14 or to or from Indian country with the intent to in15 jure, harass, or intimidate a spouse or intimate part16 ner, and who, in the course of or as a result of such

17 travel, commits or attempts to commit a crime of vi18 olence against that spouse or intimate partner, shall

19 be punished as provided in subsection (b).

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

21 who causes a spouse or intimate partner to travel in

22 interstate or foreign commerce or to or from Indian

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

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

25 or travel, commits or attempts to commit a crime of
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1 violence against that spouse or intimate partner,

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

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

4 18, United States Code, is amended to read as follows:

5 ‘‘§ 2261A. Interstate stalking

6 ‘‘Whoever—

7 ‘‘(1) with the intent to injure, harass, or intimi8 date another person, engages in the special maritime

9 and territorial jurisdiction of the United States in

10 conduct that places that person in reasonable fear of

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

12 or a member of the immediate family (as defined in

13 section 115) of that person; or

14 ‘‘(2) with the intent to injure, harass, or intimi15 date another person, travels in interstate or foreign

16 commerce, or enters or leaves Indian country, and,

17 in the course of or as a result of such travel, en18 gages in conduct that places that person in reason19 able fear of the death of, or serious bodily injury to,

20 that person or a member of that person’s immediate

21 family (as defined in section 115),

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

23 (c) INTERSTATE VIOLATION OF PROTECTION

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

25 is amended to read as follows:
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1 ‘‘(a) OFFENSES.—

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

3 person who travels in interstate or foreign com4 merce, or enters of leaves Indian country, with the

5 intent to engage in conduct that violates the portion

6 of a protection order that prohibits or provides pro7 tection against violence, threats, or harassment

8 against, contact or communication with, or physical

9 proximity to, another person, or that would violate

10 such a portion of a protection order in the jurisdic11 tion in which the order was issued, and subsequently

12 engages in such conduct, shall be punished as pro13 vided in subsection (b).

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

15 who causes another person to travel in interstate or

16 foreign commerce or to or from Indian country by

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

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

19 in conduct that violates the portion of a protection

20 order that prohibits or provides protection against

21 violence, threats, or harassment against, contact or

22 communication with, or physical proximity to, an23 other person, or that would violate such a portion of

24 a protection order in the jurisdiction in which the
32

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1 order was issued, shall be punished as provided in

2 subsection (b).’’.

3 (d) FULL FAITH AND CREDIT.—Section 2265 of title

4 18, United States Code, is amended by adding at the end

5 the following:

6 ‘‘(d) TRIBAL COURT JURISDICTION.—For purposes

7 of this section, a tribal court shall be deemed to have juris8 diction over any activity occurring in Indian country.’’.

9 (e) DEFINITIONS.—Section 2266 of title 18, United

10 States Code, is amended to read as follows:

11 ‘‘§ 2266. Definitions

12 ‘‘In this chapter:

13 ‘‘(1) BODILY INJURY.—The term ‘bodily injury’

14 means any act, except one done in self-defense, that

15 results in physical injury or sexual abuse.

16 ‘‘(2) ENTERS OR LEAVES INDIAN COUNTRY.—

17 The term ‘enters or leaves Indian country’ includes

18 leaving the jurisdiction of 1 tribal government and

19 entering the jurisdiction of another tribal govern20 ment.

21 ‘‘(3) INDIAN COUNTRY.—The term ‘Indian

22 country’ has the meaning stated in section 1151.

23 ‘‘(4) PROTECTION ORDER.—The term ‘protec24 tion order’ includes any injunction or other order

25 issued for the purpose of preventing violent or
33

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1 threatening acts or harassment against, or contact

2 or communication with or physical proximity to, an3 other person, including temporary and final orders

4 issued by civil and criminal courts (other than sup5 port or child custody orders issued pursuant to State

6 divorce and child custody laws) whether obtained by

7 filing an independent action or as a pendente lite

8 order in another proceeding so long as any civil

9 order was issued in response to a complaint, petition

10 or motion filed by or on behalf of a person seeking

11 protection. Custody and visitation provisions in pro12 tection orders are subject to this chapter.

13 ‘‘(5) SERIOUS BODILY INJURY.—The term ‘seri14 ous bodily injury’ has the meaning stated in section

15 2119(2).

16 ‘‘(6) SPOUSE OR INTIMATE PARTNER.—The

17 term ‘spouse or intimate partner’ includes—

18 ‘‘(A) a spouse, a former spouse, a person

19 who shares a child in common with the abuser,

20 a person who cohabits or has cohabited with the

21 abuser as a spouse, and a person with whom

22 the abuser has engaged in a social relationship

23 of a romantic or intimate nature; and

24 ‘‘(B) any other person similarly situated to

25 a spouse who is protected by the domestic or
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1 family violence laws of the State or tribal juris2 diction in which the injury occurred or where

3 the victim resides.

4 ‘‘(7) STATE.—The term ‘State’ includes a State

5 of the United States, the District of Columbia, a

6 commonwealth, territory, or possession of the United

7 States.

8 ‘‘(8) TRAVEL IN INTERSTATE OR FOREIGN COM9 MERCE.—The term ‘travel in interstate or foreign

10 commerce’ does not include travel from 1 State to

11 another by an individual who is a member of an In12 dian tribe and who remains at all times in the terri13 tory of the Indian tribe of which the individual is a

14 member.’’.

15 TITLE II—STRENGTHENING

16 SERVICES TO VICTIMS OF VI17 OLENCE

18 SEC. 201. CIVIL LEGAL ASSISTANCE.

19 (a) IN GENERAL.—The purpose of this section is to

20 enable the Attorney General to make grants to further the

21 health, safety, and economic well-being of victims of do22 mestic violence, stalking, and sexual assault by providing

23 civil legal assistance to such victims.

24 (b) CIVIL LEGAL ASSISTANCE GRANTS.—The Attor25 ney General may make grants under this subsection to pri-
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1 vate nonprofit entities, publicly funded organizations not

2 acting in a governmental capacity, and Indian tribal gov3 ernments and affiliated organizations, which shall be

4 used—

5 (1) to implement, expand, and establish cooper6 ative efforts and projects between domestic violence

7 and sexual assault victim advocacy organizations

8 and civil legal assistance providers to strengthen a

9 broad range of civil legal assistance for victims of

10 domestic violence, stalking, and sexual assault;

11 (2) to implement, expand, and establish efforts

12 and projects to strengthen a broad range of civil

13 legal assistance for victims of domestic violence,

14 stalking, and sexual assault by organizations with a

15 demonstrated history of providing direct legal or ad16 vocacy services on behalf of these victims; and

17 (3) to provide training, technical assistance,

18 and data collection to improve the capacity of grant19 ees and other entities to offer civil legal assistance

20 to victims of domestic violence, stalking, and sexual

21 assault.

22 (c) GRANT TO CREATE DATABASE OF PROGRAMS

23 THAT PROVIDE CIVIL LEGAL ASSISTANCE TO VICTIMS OF

24 DOMESTIC VIOLENCE, STALKING, AND SEXUAL AS25 SAULT.—
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1 (1) IN GENERAL.—The Attorney General may

2 make a grant to establish, operate, and maintain a

3 national computer database of programs that pro4 vide civil legal assistance to victims of domestic vio5 lence, stalking, and sexual assault.

6 (2) DATABASE REQUIREMENTS.—A database

7 established with a grant under this subsection shall

8 be—

9 (A) designed to facilitate the referral of

10 persons to programs that provide civil legal as11 sistance to victims of domestic violence, stalk12 ing, and sexual assault; and

13 (B) operated in coordination with the na14 tional domestic violence hotline established

15 under section 316 of the Family Violence Pre16 vention and Services Act.

17 (d) EVALUATION.—The Attorney General may evalu18 ate the grants funded under this section through contracts

19 or other arrangements with entities expert on domestic vi20 olence, stalking, and sexual assault, and on evaluation re21 search.

22 (e) AUTHORIZATION OF APPROPRIATIONS.—

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

24 appropriated from the Violent Crime Reduction

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

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

3 (A) $34,000,000 for fiscal year 2000;

4 (B) $35,000,000 for fiscal year 2001; and

5 (C) $36,000,000 for fiscal year 2002.

6 (2) ALLOCATION OF FUNDS.—Of the amount

7 made available under this subsection in each fiscal

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

9 for programs that assist victims of domestic violence,

10 stalking, and sexual assault on lands within the ju11 risdiction of an Indian tribe.

12 (3) NONSUPPLANTATION.—Amounts made

13 available under this section shall be used to supple14 ment and not supplant other Federal, State, and

15 local funds expended to further the purpose of this

16 section.

17 SEC. 202. SHELTERS FOR BATTERED WOMEN AND CHIL18 DREN.

19 (a) STATE SHELTER GRANTS; DIRECT EMERGENCY

20 ASSISTANCE.—Section 303 of the Family Violence Pre21 vention and Services Act (42 U.S.C. 10402) is amended—

22 (1) in subsection (a)(2)—

23 (A) by redesignating subparagraph (G) as

24 subparagraph (H); and
38

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1 (B) by inserting after subparagraph (F)

2 the following:

3 ‘‘(G) provide documentation, including

4 memoranda of understanding, of the specific in5 volvement of the State domestic violence coali6 tion and other knowledgeable individuals and

7 interested organizations, in the development of

8 the application; and’’; and

9 (2) in subsection (c)—

10 (A) by striking ‘‘No funds provided’’ and

11 inserting ‘‘(1) Except as provided in paragraph

12 (2), no funds provided’’; and

13 (B) by inserting after the period the fol14 lowing:

15 ‘‘(2) Not more than 1 percent of the funds appro16 priated to carry out this section and distributed under

17 subsection (a) or (b) may be used to provide emergency

18 assistance, such as transportation and housing assistance,

19 directly to victims of family violence, or to the dependents

20 of such victims, who are in the process of fleeing an abu21 sive situation. Any entity that provides such assistance

22 shall annually prepare and submit to the Secretary a re23 port specifying, and describing the distribution of, funds

24 provided pursuant to this paragraph. The report shall not
39

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1 contain information identifying an individual recipient of

2 such assistance.’’.

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

4 of the Family Violence Prevention and Services Act (42

5 U.S.C. 10403) is amended—

6 (1) in subsection (a), by striking ‘‘for grants to

7 States for any fiscal year’’ and all that follows and

8 inserting the following: ‘‘and available for grants to

9 States under this subsection for any fiscal year—

10 ‘‘(1) Guam, American Samoa, the United

11 States Virgin Islands, the Commonwealth of the

12 Northern Mariana Islands, and the combined Freely

13 Associated States shall each be allotted not less than

1 14 ⁄8 of 1 percent of the amounts available for grants

15 under section 303(a) for the fiscal year for which

16 the allotment is made; and

17 ‘‘(2) each State shall be allotted for payment in

18 a grant authorized under section 303(a) $500,000,

19 with the remaining funds to be allotted to each State

20 in an amount that bears the same ratio to such re21 maining funds as the population of such State bears

22 to the population of all States.’’;

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

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

25 (3) in subsection (d)—
40

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1 (A) by redesignating paragraph (2) as

2 paragraph (3);

3 (B) by inserting after paragraph (1) the

4 following:

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

6 for which sums are appropriated under section 310—

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

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

9 not been distributed to Indian tribes and organiza10 tions described in section 303(b) in grants because

11 of the failure of 1 or more of the tribes or organiza12 tions to meet the requirements for such a grant, the

13 Secretary shall—

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

15 make grants under section 303(b) to Indian

16 tribes and organizations who meet the require17 ments; and

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

19 original grants made to the tribes and organiza20 tions under section 303(b) for such year.’’; and

21 (C) in paragraph (3) (as redesignated in

22 subparagraph (A)) by inserting ‘‘or distribution

23 under section 303(b)’’ after ‘‘303(a)’’; and

24 (4) by adding at the end the following:
41

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1 ‘‘(e) In subsection (a)(2), the term ‘State’ does not

2 include any jurisdiction specified in subsection (a)(1).’’.

3 (c) SECRETARIAL RESPONSIBILITIES.—Section

4 305(a) of the Family Violence Prevention and Services Act

5 (42 U.S.C. 10404(a)) is amended—

6 (1) by striking ‘‘an employee’’ and inserting ‘‘1

7 or more employees’’;

8 (2) by striking ‘‘of this title.’’ and inserting ‘‘of

9 this title, including carrying out evaluation and mon10 itoring under this title.’’; and

11 (3) by striking ‘‘individual’’ and inserting ‘‘indi12 viduals’’.

13 (d) RESOURCE CENTERS.—Section 308 of the Fam14 ily Violence Prevention and Services Act (42 U.S.C.

15 10407) is amended—

16 (1) in subsection (a)(2)—

17 (A) by striking the following:

18 ‘‘(2) GRANTS.—From the amounts’’ and insert19 ing the following:

20 ‘‘(2) GRANTS.—

21 ‘‘(A) CENTERS.—From the amounts’’;

22 (B) by inserting ‘‘on providing informa23 tion, training, and technical assistance’’ after

24 ‘‘focusing’’; and
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1 (C) by inserting after the period the follow2 ing:

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

4 the Secretary may award grants to private non5 profit organizations for information, training,

6 and technical assistance initiatives in the sub7 ject areas identified in subsection (c), if—

8 ‘‘(i) such initiatives do not duplicate

9 the activities of the entities operating the

10 special issue resource centers provided for

11 in subsection (c); and

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

13 such initiatives do not exceed the lesser of

14 $500,000 or 7 percent of the funds appro15 priated for making grants under this sec16 tion.’’; and

17 (2) in subsection (c), by adding at the end the

18 following:

19 ‘‘(8) Providing technical assistance and training

20 to local entities carrying out domestic violence pro21 grams that provide shelter or related assistance.

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

23 and training, concerning family violence, within In24 dian tribes and Indian tribal agencies.
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1 ‘‘(10) Responding to emerging issues in the

2 field of family violence that the Secretary may iden3 tify in consultation with advocates for local entities

4 carrying out domestic violence programs that provide

5 shelter or related assistance, State domestic violence

6 coalitions, and national domestic violence organiza7 tions.’’.

8 (e) REAUTHORIZATION.—Section 310(a) of the Fam9 ily Violence Prevention and Services Act (42 U.S.C.

10 10409(a)) is amended to read as follows:

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to carry out

14 this title—

15 ‘‘(A) $150,000,000 for fiscal year 2000;

16 ‘‘(B) $175,000,000 for fiscal year 2001;

17 and

18 ‘‘(C) $175,000,000 for fiscal year 2002.

19 ‘‘(2) SOURCE OF FUNDS.—Amounts made avail20 able under paragraph (1) may be appropriated from

21 the Violent Crime Reduction Trust Fund established

22 under section 310001 of the Violent Crime Control

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

24 14211).’’.
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1 (f) LIMITATION ON FUNDS.—Section 310 of the

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

3 10409), as amended by subsection (e), is amended—

4 (1) in subsection (b), by striking ‘‘under sub5 section 303(a)’’ and inserting ‘‘under section

6 303(a)’’;

7 (2) in subsection (c), by inserting ‘‘not more

8 than the lesser of $7,500,000 or’’ before ‘‘5’’;

9 (3) in subsection (d)—

10 (A) by striking the following:

11 ‘‘(d) GRANTS FOR STATE COALITIONS.—Of the

12 amounts’’ and inserting the following:

13 ‘‘(d) GRANTS FOR STATE COALITIONS.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), of the amounts’’; and

16 (B) by inserting after the period the fol17 lowing:

18 ‘‘(2) APPROPRIATIONS EXCEEDING

19 $110,000,000.—If the total amount appropriated

20 under subsection (a) for a fiscal year exceeds

21 $110,000,000, the Secretary shall use, for making

22 grants under section 311, not less than—

23 ‘‘(A) $11,000,000; plus
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1 ‘‘(B) 8 percent of the amount appropriated

2 under such subsection for such fiscal year in ex3 cess of $110,000,000.’’;

4 (4) by redesignating subsection (e) as sub5 section (f); and

6 (5) by inserting after subsection (d) the follow7 ing:

8 ‘‘(e) EVALUATION, MONITORING, AND ADMINISTRA9 TION.—Of the amounts appropriated under subsection (a)

10 for each fiscal year, not more than $1,200,000 shall be

11 used by the Secretary for evaluation, monitoring, and ad12 ministrative costs under this title.’’.

13 (g) NEEDS ASSESSMENT.—Title III of the Family

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

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

16 ‘‘SEC. 319. NEEDS ASSESSMENT.

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

18 for the conduct of a nationwide needs assessment relating

19 to the programs carried out under this title.’’.

20 (h) MODEL LEADERSHIP GRANTS FOR DOMESTIC VI21 OLENCE INTERVENTION IN UNDERSERVED COMMU22 NITIES.—

23 (1) IN GENERAL.—Title III of the Family Vio24 lence Prevention and Services Act (42 U.S.C. 10401
46

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1 et seq.), as amended by subsection (g), is amended

2 by adding at the end the following:

3 ‘‘SEC. 320. MODEL LEADERSHIP GRANTS FOR DOMESTIC VI4 OLENCE INTERVENTION IN UNDERSERVED

5 COMMUNITIES.

6 ‘‘(a) GRANTS.—

7 ‘‘(1) IN GENERAL.—The Secretary may award

8 grants to develop and implement model community

9 intervention strategies to address family violence in

10 underserved populations (as such term is defined in

11 section 2003 of the Omnibus Crime Control and

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

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

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

15 not more than 10 State domestic violence coalitions

16 and to not more than 10 local entities that carry out

17 domestic violence programs providing shelter or re18 lated assistance.

19 ‘‘(3) PURPOSES.—Grants awarded under para20 graph (1) shall be used for—

21 ‘‘(A) assessing the needs of underserved

22 populations in the State involved;

23 ‘‘(B) building collaborative relationships

24 between the grant recipients and community-
47

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1 based organizations serving underserved popu2 lations; and

3 ‘‘(C) developing and implementing model

4 community intervention strategies to decrease

5 the incidence of family violence in underserved

6 populations.

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

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

9 than 3 years.

10 ‘‘(b) ELIGIBILITY.—

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

12 an initial year of funding through a grant awarded

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

14 ‘‘(A) submit to the Secretary an applica15 tion containing an acceptable plan for assessing

16 the needs of underserved populations for the

17 model community intervention strategies de18 scribed in subsection (a)(3)(C), and identifying

19 a specific population for development of such an

20 intervention strategy, in the first year of the

21 grant; and

22 ‘‘(B) demonstrate to the Secretary inclu23 sion of representatives from community-based

24 organizations in underserved communities in
48

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1 planning and designing the needs assessment

2 under subparagraph (A).

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

4 for continued funding for not more than 2 additional

5 years through a grant awarded under subsection

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

7 shall submit to the Secretary an application

8 containing—

9 ‘‘(A) a plan for implementing the interven10 tion strategy, and specifying the collaborative

11 relationships with community-based organiza12 tions serving the identified underserved popu13 lations to be supported under the grant; and

14 ‘‘(B) a plan for disseminating the interven15 tion strategy throughout the State and, at the

16 option of the recipient, to other States.

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

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

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

20 State domestic violence coalitions, and local entities

21 that carry out domestic violence programs, that sub22 mit applications in collaboration with community23 based organizations serving underserved populations.

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

25 grants under subsection (a)(1) to coalitions and enti-
49

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1 ties described in paragraph (1) in amounts of not

2 less than $100,000 per fiscal year.’’.

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

4 Section 310 of the Family Violence Prevention and

5 Services Act (42 U.S.C. 10409), as amended by sub6 section (f), is further amended—

7 (A) by redesignating subsection (f) as sub8 section (g); and

9 (B) by inserting after subsection (e) the

10 following:

11 ‘‘(f) REDISTRIBUTION OF FUNDS AVAILABLE DUE

12 TO CERTAIN LIMITATIONS.—

13 ‘‘(1) APPROPRIATIONS EXCEEDING

14 $110,000,000.—Except as provided in paragraph (2),

15 if the total amount appropriated under subsection

16 (a) for a fiscal year exceeds $110,000,000, the Sec17 retary shall use not less than 2 percent of the

18 amount appropriated under such subsection for such

19 fiscal year in excess of $110,000,000 for making

20 grants under section 303 or 320.

21 ‘‘(2) APPROPRIATIONS EXCEEDING

22 $150,000,000.—If the total amount appropriated

23 under subsection (a) for a fiscal year exceeds

24 $150,000,000, the Secretary shall use not less than

25 7 percent of the amount appropriated under such
50

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1 subsection for such fiscal year in excess of

2 $150,000,000 for making grants under section 303

3 or 320.’’.

4 (i) CONFORMING AMENDMENTS.—

5 (1) Section 303(b)(2) of the Family Violence

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

7 10402(b)(2)) is amended, in the second sentence, by

8 striking ‘‘(D), (E) and (F)’’ and inserting ‘‘(D), (E),

9 (F), and (G)’’.

10 (2) Section 306 of the Family Violence Preven11 tion and Services Act (42 U.S.C. 10405) is amend12 ed, in the second sentence, by striking ‘‘section

13 303(a)(2)(B) through 303(a)(2)(F)’’ and inserting

14 ‘‘subparagraphs (B) through (G) of section

15 303(a)(2)’’.

16 (3) Section 309(6) of the Family Violence Pre17 vention and Services Act (42 U.S.C. 10408(6)) is

18 amended by striking ‘‘the Virgin Islands, the North19 ern Mariana Islands, and the Trust Territory of the

20 Pacific Islands’’ and inserting ‘‘the United States

21 Virgin Islands, the Commonwealth of the Northern

22 Mariana Islands, and the combined Freely Associ23 ated States’’.

24 (4) Section 311(c) of the Family Violence Pre25 vention and Services Act (42 U.S.C. 10410(c)) is
51

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1 amended by striking ‘‘the U.S. Virgin Islands, the

2 Northern Mariana Islands, and the Trust Territory

3 of the Pacific Islands’’ and inserting ‘‘the United

4 States Virgin Islands, the Commonwealth of the

5 Northern Mariana Islands, and the Freely Associ6 ated States’’.

7 SEC. 203. VICTIMS OF ABUSE INSURANCE PROTECTION.

8 (a) DEFINITIONS.—In this section—

9 (1) ABUSE.—The term ‘‘abuse’’ means the oc10 currence of 1 or more of the following acts by a cur11 rent or former household or family member, intimate

12 partner, or caretaker:

13 (A) Attempting to cause or causing an14 other person bodily injury, physical harm, sub15 stantial emotional distress, psychological trau16 ma, rape, sexual assault, or involuntary sexual

17 intercourse.

18 (B) Engaging in a course of conduct or re19 peatedly committing acts toward another per20 son, including following the person without

21 proper authority and under circumstances that

22 place the person in reasonable fear of bodily in23 jury or physical harm.

24 (C) Subjecting another person to false im25 prisonment or kidnaping.
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1 (D) Attempting to cause or causing dam2 age to property so as to intimidate or attempt

3 to control the behavior of another person.

4 (2) ADVERSE ACTION.—The term ‘‘adverse ac5 tion’’ means—

6 (A) denying, refusing to issue, renew, or

7 reissue, or canceling or otherwise terminating

8 an insurance policy or health benefit plan;

9 (B) restricting, excluding, or limiting in10 surance or health benefit plan coverage or deny11 ing or limiting payment of a claim incurred by

12 an insured, except as otherwise permitted or re13 quired by State laws relating to life insurance

14 beneficiaries; or

15 (C) adding a premium differential to any

16 insurance policy or health benefit plan.

17 (3) HEALTH BENEFIT PLAN.—The term

18 ‘‘health benefit plan’’ means any public or private

19 entity or program that provides for payments for

20 health care, including—

21 (A) a group health plan (as defined in sec22 tion 607 of the Employee Retirement Income

23 Security Act of 1974 (29 U.S.C. 1167)) or a

24 multiple employer welfare arrangement (as de-
53

•S 51 IS

1 fined in section 3(40) of such Act (29 U.S.C.

2 1102(40)) that provides health benefits;

3 (B) any arrangement consisting of a hos4 pital or medical expense incurred policy or cer5 tificate, hospital or medical service plan con6 tract, or health maintenance organization sub7 scriber contract;

8 (C) workers’ compensation or similar in9 surance to the extent that it relates to workers’

10 compensation medical benefits (as defined by

11 the Federal Trade Commission); and

12 (D) automobile medical insurance to the

13 extent that it relates to medical benefits (as de14 fined by the Federal Trade Commission).

15 (4) HEALTH CARRIER.—The term ‘‘health car16 rier’’ means a person that contracts or offers to con17 tract on a risk-assuming basis to provide, deliver, ar18 range for, pay for, or reimburse any of the cost of

19 health care services, including a sickness and acci20 dent insurance company, a health maintenance orga21 nization, a nonprofit hospital and health service cor22 poration or any other entity providing a plan of

23 health insurance, health benefits, or health services.

24 (5) INNOCENT INSURED.—The term ‘‘innocent

25 insured’’ means a subject of abuse who—
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1 (A) is insured under the same policy as the

2 abuser; and

3 (B) is not, taking into account all the facts

4 and circumstances, the cause of any claim in5 curred or any claim that may incur.

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

7 party named on a policy, certificate, or health bene8 fit plan, including an individual, corporation, part9 nership, association, unincorporated organization, or

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

11 the benefits provided by the policy, certificate, or

12 health benefit plan, including (for purposes of group

13 insurance) a person who is a beneficiary covered by

14 a group policy, certificate, or health benefit plan,

15 and including (for purposes of life insurance) the

16 person whose life is covered under an insurance pol17 icy.

18 (7) INSURER.—The term ‘‘insurer’’ means any

19 person, reciprocal exchange, interinsurer, Lloyds in20 surer, fraternal benefit society, or other legal entity

21 engaged in the business of insurance, including

22 agents, brokers, adjusters, and third party adminis23 trators, and includes health benefit plans, health

24 carriers, and life, disability, and property and cas25 ualty insurers.
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1 (8) PERSONAL IDENTIFYING INFORMATION.—

2 The term ‘‘personal identifying information’’ means

3 information that identifies an individual, including

4 an individual’s photograph, social security number,

5 driver identification number, name, address, tele6 phone number, place of employment, and medical,

7 disability, or abuse status.

8 (9) POLICY.—The term ‘‘policy’’ means a con9 tract of insurance, certificate, indemnity, suretyship,

10 or annuity issued, proposed for issuance, or intended

11 for issuance by an insurer, including endorsements

12 or riders to an insurance policy or contract.

13 (10) SUBJECT OF ABUSE.—The term ‘‘subject

14 of abuse’’ means a person—

15 (A) against whom an act of abuse has been

16 directed;

17 (B) who has prior or current injuries, ill18 nesses, or disorders that resulted from abuse;

19 (C) who seeks, may have sought, or had

20 reason to seek medical or psychological treat21 ment for abuse or protection or shelter from

22 abuse; or

23 (D) who has incurred or may incur a claim

24 as a result of abuse.

25 (b) ACTS AGAINST SUBJECTS OF ABUSE.—
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1 (1) DISCRIMINATORY ACTS PROHIBITED.—

2 (A) IN GENERAL.—No insurer may, di3 rectly or indirectly, take any adverse action

4 against an applicant or insured on the basis

5 that the applicant or insured, or any person

6 employed by the applicant or insured or with

7 whom the applicant or insured is known to have

8 a relationship or association is, has been, or

9 may be the subject of abuse.

10 (B) INNOCENT INSURED.—No insurer

11 may, directly or indirectly, take any adverse ac12 tion against an innocent insured.

13 (2) REASONS FOR ADVERSE ACTIONS.—An in14 surer that takes an adverse action against a known

15 subject of abuse shall advise the applicant or insured

16 of the specific reasons for the action in writing. Ref17 erence to general underwriting practices or guide18 lines shall not constitute a specific reason.

19 (3) USE OF INFORMATION.—

20 (A) IN GENERAL.—Except as provided in

21 subparagraph (B), an insurer, and any officer,

22 employee, or contractor thereof, shall not know23 ingly disclose or otherwise make available to

24 any person or entity personal identifying infor25 mation about a subject of abuse.
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1 (B) EXCEPTION.—Personal identifying in2 formation referred to in subparagraph (A) may

3 be disclosed—

4 (i) with the informed, written consent

5 of the subject of abuse at the time the dis6 closure is sought;

7 (ii) if such information is necessary

8 for the provision of or the payment for

9 services provided by the insurer or is inci10 dent to the ordinary course of business of

11 the insurer; or

12 (iii) to a law enforcement agency pur13 suant to a warrant issued under the Fed14 eral Rules of Criminal Procedure, an

15 equivalent State warrant, a grand jury

16 subpoena, or a court order.

17 (C) RULE OF CONSTRUCTION.—Nothing in

18 subparagraph (B) shall be construed to permit

19 an insurer to disclose personal identifying infor20 mation about a subject of abuse to a current or

21 former household or family member, intimate

22 partner, or caretaker of the subject of abuse.

23 (c) ENFORCEMENT.—

24 (1) FEDERAL TRADE COMMISSION.—
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1 (A) IN GENERAL.—The Federal Trade

2 Commission shall have the power to examine

3 and investigate any insurer to determine wheth4 er such insurer has been, or is, in violation of

5 subsection (b) if the violation involved is not

6 prohibited under other Federal or State law or

7 is prohibited under State law but in the opinion

8 of the Commission is not being enforced by the

9 State.

10 (B) REMEDIES.—If the Federal Trade

11 Commission determines that an insurer has

12 been, or is, in violation of subsection (b)—

13 (i) in the case of a violation of Fed14 eral or State law, the Commission shall

15 transmit such information to the appro16 priate enforcement authority; and

17 (ii) in the case of a violation that is

18 not prohibited under other Federal or

19 State law, or is prohibited under State law

20 but in the opinion of the Commission is

21 not being enforced by the State, the Com22 mission may take action against such in23 surer as if the insurer was in violation of

24 section 5 of the Federal Trade Commission

25 Act by issuing a cease and desist order,
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1 which may include any individual relief

2 warranted under the circumstances, includ3 ing temporary, preliminary, and permanent

4 injunctive and compensatory relief.

5 (2) PRIVATE CAUSE OF ACTION.—

6 (A) IN GENERAL.—An applicant or insured

7 who believes that the applicant or insured has

8 been affected by a violation under subsection

9 (b) may bring an action against the insurer in

10 a Federal or State court of original jurisdiction.

11 (B) REMEDIES.—In an action under sub12 paragraph (A), upon proof of conduct of a vio13 lation of subsection (b) by a preponderance of

14 the evidence, the court may award appropriate

15 relief, including—

16 (i) temporary, preliminary, and per17 manent injunctive relief;

18 (ii) actual damages, in an amount

19 that is not less than liquidated damages in

20 the amount of $5,000 per violation;

21 (iii) punitive damages;

22 (iv) reasonable attorneys’ fees and

23 other litigation costs reasonably incurred,

24 including the costs of expert witnesses; and
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1 (v) such other preliminary and equi2 table relief as the court determines to be

3 appropriate.

4 (d) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to prohibit a life insurer from de6 clining to issue a life insurance policy if the applicant or

7 prospective owner of the policy is or would be designated

8 as a beneficiary of the policy and if—

9 (1) the applicant or prospective owner of the

10 policy lacks an insurable interest in the insured; or

11 (2) the applicant or prospective owner of the

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

13 records, to have committed an act of abuse against

14 the proposed insured.

15 (e) EFFECTIVE DATE.—This section shall apply with

16 respect to any action taken after December 31, 1998.

17 SEC. 204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

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

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

20 10416(f)(1)) is amended to read as follows:

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

22 appropriated from the Violent Crime Reduction

23 Trust Fund established under section 310001 of the

24 Violent Crime Control and Law Enforcement Act of

25 1994 (42 U.S.C. 14211) to carry out this section—
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1 ‘‘(A) $3,600,000 for fiscal year 2000;

2 ‘‘(B) $3,800,000 for fiscal year 2001; and

3 ‘‘(C) $4,000,000 for fiscal year 2002.’’.

4 (b) REPORT BY GRANT RECIPIENTS.—Section 316 of

5 the Family Violence Prevention and Services Act (42

6 U.S.C. 10416) is amended by adding at the end the follow7 ing:

8 ‘‘(g) REPORT BY GRANT RECIPIENTS.—

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

10 after the date of enactment of this subsection, each

11 recipient of a grant under this section shall prepare

12 and submit to the Secretary a report that contains—

13 ‘‘(A) an evaluation of the effectiveness of

14 the activities carried out by the recipient with

15 amounts received under this section; and

16 ‘‘(B) such other information as the Sec17 retary may prescribe.

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

19 renewing any grant under this section for a recipi20 ent, the Secretary shall publish in the Federal Reg21 ister a copy of the report submitted by the recipient

22 under this subsection and allow not less than 90

23 days for notice of and opportunity for public com24 ment on the published report.’’.
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1 SEC. 205. FEDERAL VICTIMS’ COUNSELORS.

2 Section 40114 of the Violent Crime Control and Law

3 Enforcement Act of 1994 (Public Law 103–322; 108 Stat.

4 1910)) is amended by striking ‘‘Columbia)—’’ and all that

5 follows before the period and inserting ‘‘Columbia)

6 $1,000,000 for each of fiscal years 2000 through 2002’’.

7 SEC. 206. BATTERED WOMEN’S EMPLOYMENT PROTECTION.

8 (a) ENTITLEMENT TO LEAVE FOR NON-FEDERAL

9 EMPLOYEES.—

10 (1) DEFINITIONS.—Section 101 of the Family

11 and Medical Leave Act of 1993 (29 U.S.C. 2611) is

12 amended by adding at the end the following:

13 ‘‘(14) ADDRESSING DOMESTIC VIOLENCE AND

14 ITS EFFECTS.—The term ‘addressing domestic vio15 lence and its effects’ means—

16 ‘‘(A) seeking medical attention for or re17 covering from injuries caused by domestic vio18 lence;

19 ‘‘(B) seeking legal assistance or remedies,

20 including communicating with the police or an

21 attorney, or participating in any legal proceed22 ing, related to domestic violence;

23 ‘‘(C) obtaining psychological or other coun24 seling related to experiences of domestic vio25 lence;
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1 ‘‘(D) participating in safety planning and

2 other actions to increase safety from future do3 mestic violence, including temporary or perma4 nent relocation;

5 ‘‘(E) being unable to attend or perform

6 work due to an incident of domestic violence,

7 including an act or threat of violence, stalking,

8 coercion, or harassment, occurring within the

9 previous 72 hours; and

10 ‘‘(F) participating in any other activity ne11 cessitated by domestic violence that must be un12 dertaken during the hours of employment in13 volved.

14 ‘‘(15) DOMESTIC VIOLENCE.—The term ‘domes15 tic violence’ has the meaning given such term in sec16 tion 2003 of the Omnibus Crime Control and Safe

17 Streets Act of 1968 (42 U.S.C. 3796gg–2).’’.

18 (2) LEAVE REQUIREMENT.—Section 102 of the

19 Family and Medical Leave Act of 1993 (29 U.S.C.

20 2612) is amended—

21 (A) in subsection (a)(1), by adding at the

22 end the following:

23 ‘‘(E) In order to care for the son, daugh24 ter, or parent of the employee, if such son,
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1 daughter, or parent is addressing domestic vio2 lence and its effects.

3 ‘‘(F) Because the employee is addressing

4 domestic violence and its effects, which make

5 the employee unable to perform the functions of

6 the position of such employee.’’;

7 (B) in subsection (b), by adding at the end

8 the following:

9 ‘‘(3) DOMESTIC VIOLENCE.—Leave under sub10 paragraph (E) or (F) of subsection (a)(1) may be

11 taken by an eligible employee intermittently or on a

12 reduced leave schedule. The taking of leave intermit13 tently or on a reduced leave schedule pursuant to

14 this paragraph shall not result in a reduction in the

15 total amount of leave to which the employee is enti16 tled under subsection (a) beyond the amount of leave

17 actually taken.’’;

18 (C) in subsection (d)(2)(B), by striking

19 ‘‘(C) or (D)’’ and inserting ‘‘(C), (D), (E), or

20 (F)’’; and

21 (D) in subsection (e)(2), by striking ‘‘or

22 (D)’’ and inserting ‘‘, (D), (E), or (F)’’.

23 (3) CERTIFICATION.—Section 103 of the Fam24 ily and Medical Leave Act of 1993 (29 U.S.C. 2613)

25 is amended—
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1 (A) in the heading of the section, by in2 serting before the period the following: ‘‘; CON3 FIDENTIALITY’’; and

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

5 ‘‘(f) DOMESTIC VIOLENCE.—In determining if an em6 ployee meets the requirements of subparagraph (E) or (F)

7 of section 102(a)(1), the employer of an employee may re8 quire the employee to provide—

9 ‘‘(1) documentation of the domestic violence in10 volved, such as a police or court record, or docu11 mentation of the domestic violence from a shelter

12 worker, attorney, member of the clergy, or medical

13 or other professional from whom the employee has

14 sought assistance in addressing domestic violence

15 and its effects; or

16 ‘‘(2) other corroborating evidence, such as a

17 statement from any other individual with knowledge

18 of the circumstances that provide the basis for the

19 claim of domestic violence, or physical evidence of

20 domestic violence, such as a photograph or torn or

21 bloody clothing.

22 ‘‘(g) CONFIDENTIALITY.—All evidence provided to

23 the employer under subsection (f) of domestic violence ex24 perienced by an employee or the son, daughter, or parent

25 of an employee, including a statement of an employee, any
66

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1 corroborating evidence, and the fact that an employee has

2 requested leave for the purpose of addressing, or caring

3 for a son, daughter, or parent who is addressing, domestic

4 violence and its effects, shall be retained in the strictest

5 confidence by the employer, except to the extent that dis6 closure is consented to by the employee in a case in which

7 disclosure is necessary to protect the safety of the em8 ployee or a co-worker of the employee, or requested by

9 the employee to document domestic violence to a court or

10 agency.’’.

11 (b) ENTITLEMENT TO LEAVE FOR FEDERAL EM12 PLOYEES.—

13 (1) DEFINITIONS.—Section 6381 of title 5,

14 United States Code, is amended—

15 (A) at the end of paragraph (5), by strik16 ing ‘‘and’’;

17 (B) in paragraph (6), by striking the pe18 riod and inserting a semicolon; and

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

20 ‘‘(7) the term ‘addressing domestic violence and

21 its effects’ means—

22 ‘‘(A) seeking medical attention for or re23 covering from injuries caused by domestic vio24 lence;
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1 ‘‘(B) seeking legal assistance or remedies,

2 including communicating with the police or an

3 attorney, or participating in any legal proceed4 ing, related to domestic violence;

5 ‘‘(C) obtaining psychological or other coun6 seling related to experiences of domestic vio7 lence;

8 ‘‘(D) participating in safety planning and

9 other actions to increase safety from future do10 mestic violence, including temporary or perma11 nent relocation;

12 ‘‘(E) being unable to attend or perform

13 work due to an incident of domestic violence,

14 including an act or threat of violence, stalking,

15 coercion, or harassment, occurring within the

16 previous 72 hours; and

17 ‘‘(F) participating in any other activity ne18 cessitated by domestic violence that must be un19 dertaken during the hours of employment in20 volved; and

21 ‘‘(8) the term ‘domestic violence’ has the mean22 ing given the term in section 2003 of the Omnibus

23 Crime Control and Safe Streets Act of 1968 (42

24 U.S.C. 3796gg–2).’’.
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1 (2) LEAVE REQUIREMENT.—Section 6382 of

2 title 5, United States Code, is amended—

3 (A) in subsection (a)(1), by adding at the

4 end the following:

5 ‘‘(E) In order to care for the son, daughter, or

6 parent of the employee, if such son, daughter, or

7 parent is addressing domestic violence and its ef8 fects.

9 ‘‘(F) Because the employee is addressing do10 mestic violence and its effects, which make the em11 ployee unable to perform the functions of the posi12 tion of such employee.’’;

13 (B) in subsection (b), by adding at the end

14 the following:

15 ‘‘(3) Leave under subparagraph (E) or (F) of sub16 section (a)(1) may be taken by an employee intermittently

17 or on a reduced leave schedule. The taking of leave inter18 mittently or on a reduced leave schedule pursuant to this

19 paragraph shall not result in a reduction in the total

20 amount of leave to which the employee is entitled under

21 subsection (a) beyond the amount of leave actually

22 taken.’’;

23 (C) in subsection (d), by striking ‘‘(C), or

24 (D)’’ and inserting ‘‘(C), (D), (E), or (F)’’; and
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1 (D) in subsection (e)(2), by striking ‘‘or

2 (D)’’ and inserting ‘‘, (D), (E), or (F)’’.

3 (3) CERTIFICATION.—Section 6383 of title 5,

4 United States Code, is amended—

5 (A) in the heading of the section, by add6 ing at the end the following: ‘‘; confidential7 ity’’; and

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

9 ‘‘(f) In determining if an employee meets the require10 ments of subparagraph (E) or (F) of section 6382(a)(1),

11 the employing agency of an employee may require the em12 ployee to provide—

13 ‘‘(1) documentation of the domestic violence in14 volved, such as a police or court record, or docu15 mentation of the domestic violence from a shelter

16 worker, attorney, member of the clergy, or medical

17 or other professional from whom the employee has

18 sought assistance in addressing domestic violence

19 and its effects; or

20 ‘‘(2) other corroborating evidence, such as a

21 statement from any other individual with knowledge

22 of the circumstances that provide the basis for the

23 claim of domestic violence, or physical evidence of

24 domestic violence, such as a photograph or torn or

25 bloody clothing.
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1 ‘‘(g) All evidence provided to the employing agency

2 under subsection (f) of domestic violence experienced by

3 an employee or the son, daughter, or parent of an em4 ployee, including a statement of an employee, any corrobo5 rating evidence, and the fact that an employee has re6 quested leave for the purpose of addressing, or caring for

7 a son, daughter, or parent who is addressing, domestic vio8 lence and its effects, shall be retained in the strictest con9 fidence by the employing agency, except to the extent that

10 disclosure is consented to by the employee in a case in

11 which disclosure is necessary to protect the safety of the

12 employee or a co-worker of the employee, or requested by

13 the employee to document domestic violence to a court or

14 agency.’’.

15 (c) EFFECT ON OTHER LAWS AND EMPLOYMENT

16 BENEFITS.—

17 (1) MORE PROTECTIVE LAWS, AGREEMENTS,

18 PROGRAMS, AND PLANS.—Nothing in this section or

19 the amendments made by this section shall be con20 strued to supersede any provision of any Federal,

21 State, or local law, collective bargaining agreement,

22 or other employment benefit program or plan that

23 provides greater leave benefits for employed victims

24 of domestic violence than the rights established

25 under this section or such amendments.
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1 (2) LESS PROTECTIVE LAWS, AGREEMENTS,

2 PROGRAMS, AND PLANS.—The rights established for

3 employees under this section or the amendments

4 made by this section shall not be diminished by any

5 State or local law, collective bargaining agreement,

6 or employment benefit program or plan.

7 (d) EFFECTIVE DATE.—This section and the amend8 ments made by this section shall take effect on the date

9 that is 180 days after the date of enactment of this Act.

10 SEC. 207. ENSURING UNEMPLOYMENT COMPENSATION.

11 (a) UNEMPLOYMENT COMPENSATION.—Section 3304

12 of the Internal Revenue Code of 1986 is amended—

13 (1) in subsection (a)—

14 (A) by striking ‘‘and’’ at the end of para15 graph (18);

16 (B) by redesignating paragraph (19) as

17 paragraph (20); and

18 (C) by inserting after paragraph (18) the

19 following:

20 ‘‘(19) compensation is to be provided where an

21 individual is separated from employment due to cir22 cumstances directly resulting from the individual’s

23 experience of domestic violence; and’’; and

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

25 ‘‘(g) CONSTRUCTION.—
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1 ‘‘(1) IN GENERAL.—For purposes of subsection

2 (a)(19), an employee’s separation from employment

3 shall be treated as due to circumstances directly re4 sulting from the individual’s experience of domestic

5 violence if the separation resulted from—

6 ‘‘(A) the employee’s reasonable fear of fu7 ture domestic violence at or en route to or from

8 the employee’s place of employment;

9 ‘‘(B) the employee’s wish to relocate to an10 other geographic area in order to avoid future

11 domestic violence against the employee or the

12 employee’s family;

13 ‘‘(C) the employee’s need to recover from

14 traumatic stress resulting from the employee’s

15 experience of domestic violence;

16 ‘‘(D) the employer’s denial of the employ17 ee’s request for the temporary leave from em18 ployment to address domestic violence and its

19 effects authorized by subparagraphs (E) and

20 (F) of section 102(a)(1) of the Family and

21 Medical Leave Act of 1993; or

22 ‘‘(E) any other circumstance in which do23 mestic violence causes the employee to reason24 ably believe that termination of employment is
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1 necessary for the future safety of the employee

2 or the employee’s family.

3 ‘‘(2) REASONABLE EFFORTS TO RETAIN EM4 PLOYMENT.—For purposes of subsection (a)(19), if

5 State law requires the employee to have made rea6 sonable efforts to retain employment as a condition

7 for receiving unemployment compensation, such re8 quirement shall be met if the employee—

9 ‘‘(A) sought protection from, or assistance

10 in responding to, domestic violence, including

11 calling the police or seeking legal, social work,

12 medical, clergy, or other assistance;

13 ‘‘(B) sought safety, including refuge in a

14 shelter or temporary or permanent relocation,

15 whether or not the employee actually obtained

16 such refuge or accomplished such relocation; or

17 ‘‘(C) reasonably believed that options such

18 as taking a leave of absence, transferring jobs,

19 or receiving an alternative work schedule would

20 not be sufficient to guarantee the employee or

21 the employee’s family’s safety.

22 ‘‘(3) ACTIVE SEARCH FOR EMPLOYMENT.—For

23 purposes of subsection (a)(19), if State law requires

24 the employee to actively search for employment after

25 separation from employment as a condition for re-
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1 ceiving unemployment compensation, such require2 ment shall be treated as met where the employee is

3 temporarily unable to actively search for employment

4 because the employee is engaged in seeking safety or

5 relief for the employee or the employee’s family from

6 domestic violence, including—

7 ‘‘(A) going into hiding or relocating or at8 tempting to do so, including activities associ9 ated with such hiding or relocation, such as

10 seeking to obtain sufficient shelter, food, school11 ing for children, or other necessities of life for

12 the employee or the employee’s family;

13 ‘‘(B) actively pursuing legal protection or

14 remedies, including meeting with the police,

15 going to court to make inquiries or file papers,

16 meeting with attorneys, or attending court pro17 ceedings; or

18 ‘‘(C) participating in psychological, social,

19 or religious counseling or support activities to

20 assist the employee in ending domestic violence.

21 ‘‘(4) PROVISION OF INFORMATION TO MEET

22 CERTAIN REQUIREMENTS.—In determining if an em23 ployee meets the requirements of paragraphs (1),

24 (2), and (3), the unemployment agency of the State

25 in which an employee is requesting unemployment
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1 compensation by reason of subsection (a)(19) may

2 require the employee to provide—

3 ‘‘(A) documentation of the domestic vio4 lence, such as police or court records, or docu5 mentation of the domestic violence from a shel6 ter worker or an employee of a domestic vio7 lence program, an attorney, a clergy member,

8 or a medical or other professional from whom

9 the employee has sought assistance in address10 ing domestic violence and its effects; or

11 ‘‘(B) other corroborating evidence, such as

12 a statement from any other individual with

13 knowledge of the circumstances which provide

14 the basis for the claim, or physical evidence of

15 domestic violence, such as photographs, torn or

16 bloody clothes.

17 All evidence of domestic violence experienced by an

18 employee, including an employee’s statement, any

19 corroborating evidence, and the fact that an em20 ployee has applied for or inquired about unemploy21 ment compensation available by reason of subsection

22 (a)(19) shall be retained in the strictest confidence

23 by such State unemployment agency, except to the

24 extent consented to by the employee where disclosure

25 is necessary to protect the employee’s safety.
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1 ‘‘(5) EFFECT OF CLAIMS.—Claims filed for un2 employment compensation solely by reason of sub3 section (a)(19) shall be disregarded in determining

4 an employer’s State unemployment taxes based on

5 unemployment experience.’’.

6 (b) SOCIAL SECURITY PERSONNEL TRAINING.—Sec7 tion 303(a) of the Social Security Act (42 U.S.C. 503(a))

8 is amended by redesignating paragraphs (4) through (10)

9 as paragraphs (5) through (11), respectively, and by in10 serting after paragraph (3) the following:

11 ‘‘(4) Such methods of administration as will en12 sure that claims reviewers and hearing personnel are

13 adequately trained in the nature and dynamics of

14 claims for unemployment compensation based on do15 mestic violence under section 3304(a)(20) of the In16 ternal Revenue Code of 1986 and in methods of

17 ascertaining and keeping confidential information

18 about possible experiences of domestic violence to

19 ensure that requests for unemployment compensa20 tion based on domestic violence are reliably screened,

21 identified, and adjudicated, and to ensure that com22 plete confidentiality is provided for the employee’s

23 claim and submitted evidence.’’.
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1 (c) DEFINITIONS.—Section 3306 of the Internal Rev2 enue Code of 1986 is amended by adding at the end the

3 following:

4 ‘‘(u) DOMESTIC VIOLENCE.—In this chapter, the

5 term ‘domestic violence’ has the meaning given the term

6 in section 2003 of title I of the Omnibus Crime Control

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

8 (d) EFFECTIVE DATE.—

9 (1) IN GENERAL.—Except as provided in para10 graph (2), the amendments made by this section

11 shall apply in the case of compensation paid for

12 weeks beginning 180 days after the date of enact13 ment of this Act.

14 (2) MEETING OF STATE LEGISLATURE.—If the

15 Secretary of Labor identifies a State as requiring a

16 change to its statutes or regulations in order to com17 ply with the amendments made by this section, the

18 amendments made by this Act shall apply in the

19 case of compensation paid for weeks beginning after

20 the earlier of—

21 (A) the date the State changes its statutes

22 or regulations in order to comply with the

23 amendments made by this section; or

24 (B) the end of the first session of the State

25 legislature which begins after the date of enact-
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1 ment of this Act or which began prior to such

2 date and remained in session for not less than

3 25 calendar days after such date;

4 except that in no case shall the amendments made

5 by this Act apply before the date which is 180 days

6 after the date of enactment of this Act. For pur7 poses of the preceding sentence, the term ‘‘session’’

8 means a regular, special, budget, or other session of

9 a State legislature.

10 SEC. 208. BATTERED IMMIGRANT WOMEN.

11 (a) FINDINGS.—Congress finds that—

12 (1) the goal of the immigration protections for

13 battered immigrants included in the Violence

14 Against Women Act of 1994 was to remove immi15 gration laws as a barrier that kept battered immi16 grant women and children locked in abusive relation17 ships;

18 (2) providing battered immigrant women and

19 children who were experiencing domestic violence at

20 home with protection against deportation allows

21 them to obtain protection orders against their abus22 ers and frees them to cooperate with law enforce23 ment and prosecutors in criminal cases brought

24 against their abusers and the abusers of their chil25 dren; and
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1 (3) there are several groups of battered immi2 grant women and children who do not have access

3 to the immigration protections of the Violence

4 Against Women Act of 1994, which means that their

5 abusers are virtually immune from prosecution be6 cause their victims can be deported and the Immi7 gration and Naturalization Service cannot offer

8 them protection no matter how compelling their case

9 under existing law.

10 (b) PURPOSES.—The purposes of this section are—

11 (1) to promote criminal prosecutions of all per12 sons who commit acts of battery or extreme cruelty

13 against immigrant women and children;

14 (2) to offer protection against domestic violence

15 occurring in family and intimate relationships that

16 are covered in State protection order, domestic vio17 lence, and family law statutes; and

18 (3) to correct erosions of Violence Against

19 Women Act immigration protections that occurred

20 as a result of the Illegal Immigration Reform and

21 Immigrant Responsibility Act of 1996.

22 (c) EFFECT OF CHANGES IN ABUSERS’ CITIZENSHIP

23 STATUS.—(1) Section 204(a)(1)(A) of the Immigration

24 and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended

25 by adding at the end the following new clause:
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1 ‘‘(v) For the purposes of any petition filed under

2 clause (iii) or (iv), denaturalization, loss or renunciation,

3 or changes to the abuser’s citizenship status after filing

4 of the petition shall not preclude the classification of the

5 eligible self-petitioning spouse or child as an immediate

6 relative.’’.

7 (2) Section 204(a)(1)(B) of the Immigration and Na8 tionality Act (8 U.S.C. 1154(a)(1)(A)) is amended by add9 ing at the end the following new clause:

10 ‘‘(iv)(I) For the purposes of petitions filed or ap11 proved under clauses (ii) and (iii), loss of lawful perma12 nent residence status by a spouse or parent after the filing

13 of a petition under that clause shall not preclude approval

14 of the petition, and, for an approved petition, shall not

15 affect the alien’s ability to adjust status under section

16 245(a) and (c) or obtain status as a lawful permanent

17 resident based on the approved self-petition under clauses

18 (ii) and (iii).

19 ‘‘(II) Upon the lawful permanent resident spouse or

20 parent becoming a United States citizen through natu21 ralization, acquisition of citizenship, or other means, any

22 petition filed with the Immigration and Naturalization

23 Service and pending or approved under section

24 204(a)(1)(B) on behalf of an alien who has been battered

25 or subjected to extreme cruelty may be deemed to be a
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1 petition filed under section 204(a)(1)(A) of this Act even

2 if the acquisition of citizenship occurs after divorce.’’.

3 (d) DETERMINATIONS OF GOOD MORAL CHAR4 ACTER.—

5 (1) CANCELLATIONS OF REMOVAL; SUSPEN6 SIONS OF DEPORTATION.—Section 240A(b) of the

7 Immigration and Nationality Act (8 U.S.C. 1229b)

8 is amended by adding at the end the following:

9 ‘‘(4) GOOD MORAL CHARACTER DETERMINA10 TIONS.—For the purposes of making ‘good moral

11 character’ determinations under paragraph (2), the

12 Attorney General is not limited by the criminal court

13 record and may make a finding of good moral char14 acter, notwithstanding the existence of disqualifying

15 criminal act or criminal conviction, in the case of an

16 alien who has been battered or subjected to extreme

17 cruelty but who—

18 ‘‘(i) has been convicted of, or who

19 pled guilty to, violating a court order

20 issued to protect the alien;

21 ‘‘(ii) was convicted of, or pled guilty

22 to, prostitution, if the alien was forced into

23 prostitution by an abuser;

24 ‘‘(iii) was convicted of or pled guilty

25 to committing a crime if the alien commit-
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1 ted the crime under duress from the per2 son who battered or subjected the alien to

3 extreme cruelty; or

4 ‘‘(iv) was convicted of or pled guilty to

5 a domestic violence-related crime if the At6 torney General determines that the alien

7 acted in self-defense.

8 ‘‘(5) INCLUSION OF OTHER ALIENS IN PETI9 TION.—An alien applying for relief under section

10 244(a)(3) (as in effect before the enactment of the

11 Illegal Immigration Reform and Immigrant Respon12 sibility Act of 1996) or this subsection may

13 include—

14 ‘‘(A) the alien’s children in the alien’s ap15 plication if such children are physically present

16 in the United States at the time of application,

17 and, if the alien is found eligible for suspension,

18 the Attorney General may adjust the status of

19 the alien’s children; or

20 ‘‘(B) the alien’s parent in the alien’s appli21 cation in the case of an application filed by an

22 alien who was abused by a citizen or lawful per23 manent resident parent and, if the alien is

24 found eligible for suspension, the Attorney Gen-
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1 eral may adjust the status of both the alien ap2 plicant and the alien’s parent.

3 ‘‘(6) DETERMINATIONS UNDER SUSPENSION OF

4 DEPORTATION.—For the purposes of making good

5 moral character determinations under section

6 244(a)(3) of the Immigration and Nationality Act

7 (as in effect before the enactment of the Illegal Im8 migration Reform and Immigrant Responsibility Act

9 of 1996), the Attorney General is not limited by the

10 criminal court record and may make a finding of

11 good moral character, notwithstanding the existence

12 of a disqualifying criminal act or criminal conviction,

13 in the case of an alien who has been battered or sub14 jected to extreme cruelty but who—

15 ‘‘(i) has been convicted of, or who

16 pled guilty to, violating a court order

17 issued to protect the alien;

18 ‘‘(ii) has been convicted of, or who

19 pled guilty to, prostitution if the alien was

20 forced into prostitution by an abuser;

21 ‘‘(iii) has been convicted of, or pled

22 guilty to committing, a crime under duress

23 from the person who battered or subjected

24 the alien to extreme cruelty; or
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1 ‘‘(iv) was convicted of, or pled guilty

2 to, a domestic violence-related crime if the

3 Attorney General determines that the alien

4 acted in self-defense.

5 (2) IMMEDIATE RELATIVE STATUS.—Section

6 204(a)(1)(A) of the Immigration and Nationality

7 Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding

8 at the end the following new clause:

9 ‘‘(vi)(I) For the purposes of making good moral char10 acter determinations under this subparagraph, the Attor11 ney General is not limited by the criminal court record

12 and may make a finding of good moral character, notwith13 standing the existence of a disqualifying criminal act or

14 criminal conviction, in the case of an alien who otherwise

15 qualifies for relief under section 204(a)(1)(A) (iii) or (iv),

16 but who—

17 ‘‘(aa) has been convicted of, or who pled guilty

18 to, violating a court order issued to protect the alien;

19 ‘‘(bb) was convicted of, or pled guilty to, pros20 titution if the alien was forced into prostitution by

21 an abuser;

22 ‘‘(cc) was convicted of, or pled guilty to, com23 mitting a crime under duress from the person who

24 battered or subjected the alien to extreme cruelty; or
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1 ‘‘(dd) was convicted of, or pled guilty to, a do2 mestic violence-related crime, if the Attorney Gen3 eral determines that the alien acted in self-defense.

4 ‘‘(II) After finding that an alien has been battered

5 or subjected to extreme cruelty and is otherwise eligible

6 for relief under section 204(a)(1)(A) (iii) or (iv), the At7 torney General may make a finding of ‘good moral char8 acter’ with respect to the alien, notwithstanding the exist9 ence of a disqualifying criminal act or criminal convic10 tion.’’.

11 (3) SECOND PREFERENCE IMMIGRATION STA12 TUS—Section 204(a)(1)(B) of the Immigration and

13 Nationality Act (8 U.S.C. 1154(a)(1)(B)) is amend14 ed by adding at the end the following new clause:

15 ‘‘(v)(I) For the purposes of making good moral char16 acter determinations under this subparagraph, the Attor17 ney General is not limited by the criminal court record

18 and may make a finding of good moral character, notwith19 standing the existence of a disqualifying criminal act or

20 criminal conviction, in the case of an alien who otherwise

21 qualifies for relief under section 204(a)(1)(B) (ii) and (iii),

22 but who—

23 ‘‘(aa) has been convicted of, or who pled guilty

24 to, violating a court order issued to protect the alien;
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1 ‘‘(bb) was convicted of, or pled guilty to, pros2 titution where the alien was forced into prostitution

3 by an abuser;

4 ‘‘(cc) was convicted of, or pled guilty to, com5 mitting a crime under duress from the person who

6 battered or subjected the alien to extreme cruelty; or

7 ‘‘(dd) was convicted of, or pled guilty to, a do8 mestic violence-related crime, if the Attorney Gen9 eral determines that the alien acted in self-defense.

10 ‘‘(II) After finding that an alien has been battered

11 or subjected to extreme cruelty and is otherwise eligible

12 for relief under section 204(a)(1)(B) (ii) or (iii), the Attor13 ney General may in the Attorney General’s sole discretion

14 make a finding of good moral character with respect to

15 the alien, notwithstanding the existence of a disqualifying

16 criminal act or criminal conviction.’’.

17 (e) WAIVERS OF INADMISSIBILITY.—(1) Section 212

18 of the Immigration and Nationality Act (8 U.S.C. 1182)

19 is amended by adding at the end the following new sub20 section:

21 ‘‘(p) The Attorney General, in the Attorney General’s

22 discretion, may waive any provision of section 212 (other

23 than subsection (a) (3), (10)(A), (10)(D), and (10)(E))

24 for humanitarian purposes, to assure family unity, or
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1 when it is otherwise in the public interest for any alien

2 who qualifies for—

3 ‘‘(1) status under clause (iii) or (iv) of section

4 204(a)(1)(A) or classification under clause (ii) or

5 (iii) of section 204(a)(1)(B); or

6 ‘‘(2) relief under section 240A(b)(2) or

7 244(a)(3) (as in effect before the enactment of the

8 Illegal Immigration Reform and Immigrant Respon9 sibility Act of 1996).’’.

10 (2) Section 212(h)(1) of the Immigration and Na11 tionality Act (8 U.S.C. 1182(h)(1)) is amended—

12 (A) at the end of subparagraph (A), by striking

13 ‘‘or’’;

14 (B) at the end of subparagraph (B), by striking

15 ‘‘and’’ and inserting ‘‘or’’; and

16 (C) by adding at the end the following new sub17 paragraph:

18 ‘‘(C) in the case of an alien who qualifies

19 for status under clause (iii) or (iv) of section

20 204(a)(1)(A) or classification under clause (ii)

21 or (iii) of section 204(a)(1)(B) or who qualifies

22 for relief under section 240A(b)(2), or section

23 244(a)(3) (as in effect before the enactment of

24 the Illegal Immigration Reform and Immigrant

25 Responsibility Act of 1996), if it is established
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1 to the satisfaction of the the Attorney General

2 that the alien’s admission would further hu3 manitarian purposes, ensure family unity, or

4 otherwise be in the public interest; and’’.

5 (3) Section 212(a)(2) of the Immigration and Nation6 ality Act (8 U.S.C. 1182(a)(2)) is amended by adding at

7 the end the following new subparagraph:

8 ‘‘(G) EXCEPTIONS.—The provisions of this

9 paragraph shall not apply to deny admissibility

10 to an alien if the Attorney General has ap11 proved the alien’s self-petition or application

12 pursuant to section 204(a)(1)(A) (iii) or (iv),

13 204(a)(1)(B) (ii) or (iii), 240A(b)(2), or

14 244(a)(3) (as in effect before the title III–A ef15 fective date in section 309 of the Illegal Immi16 gration Reform and Immigrant Responsibility

17 Act of 1996 (8 U.S.C. 1101 note).

18 (f) WAIVER OF CERTAIN REMOVAL GROUNDS.—Sec19 tion 237(a)(2)(E) of the Immigration and Nationality Act

20 (8 U.S.C. 1227(a)(2)(E)) is amended by inserting at the

21 end the following new clause:

22 ‘‘(iii) WAIVER.—The Attorney General

23 may waive the application of clauses (i)

24 and (ii)—

25 ‘‘(I) upon determination that—
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1 ‘‘(aa) the alien was acting in

2 self-defense,

3 ‘‘(bb) the alien was not the

4 primary perpetrator of violence in

5 the relationship,

6 ‘‘(cc) the alien was found to

7 have violated a protection order

8 intended to protect the alien, or

9 ‘‘(dd) the alien was con10 victed of committing a crime

11 under duress from the person

12 who subjected the alien to batter13 ing or extreme cruelty, or

14 ‘‘(II) for humanitarian pur15 poses.’’.

16 (g) PROCEDURE FOR GRANTING IMMIGRANT STA17 TUS.—

18 (1) DEFINITION.—Section 101(a) of the Immi19 gration and Nationality Act (8 U.S.C. 1101(a)) is

20 amended by adding at the end the following new

21 paragraph:

22 ‘‘(50) The term ‘intended spouse’ means any alien

23 who meets the criteria set forth in section 204(j)(1)(B)

24 or 204(k)(1)(B).’’.

25 (2) IMMEDIATE RELATIVE STATUS.—
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1 (A) SELF-PETITIONING SPOUSES.—Section

2 204(a)(1)(A)(iii) of the Immigration and Na3 tionality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is

4 amended to read as follows:

5 ‘‘(iii) An alien who is described in subsection (j) may

6 file a petition with the Attorney General under this clause

7 for classification of the alien (and any child of the alien

8 if such a child has not been classified under clause (iv))

9 under section 201(b)(2)(A)(i) if the alien demonstrates to

10 the Attorney General that—

11 ‘‘(I) the alien is residing in the United States

12 (unless the alien’s spouse, intended spouse, or par13 ent is an employee of the Department of State or a

14 member of the United States Armed Forces sta15 tioned abroad);

16 ‘‘(II) the marriage or the intent to marry the

17 United States citizen was entered into in good faith

18 by the alien; and

19 ‘‘(III) during the marriage or relationship in20 tended by the alien to be legally a marriage, the

21 alien or a child of the alien has been battered or has

22 been the subject of extreme cruelty perpetrated by

23 the alien’s spouse or intended spouse.’’.

24 (B) DEFINITION.—Section 204 of the Im25 migration and Nationality Act is amended (8
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1 U.S.C. 1154) by adding at the end the follow2 ing:

3 ‘‘(j) DEFINITION.—An alien described in subsection

4 (a)(1)(A)(iii) is an alien—

5 ‘‘(1)(A) who is the spouse of a citizen of the

6 United States; or

7 ‘‘(B)(i) who believed in good faith that he or

8 she had married a citizen of the United States;

9 ‘‘(ii) whose marriage to such citizen would oth10 erwise meet the definition of qualifying marriage

11 under section 216(d)(1)(A)(i); and

12 ‘‘(iii) who otherwise meets any applicable re13 quirements under this Act to establish the existence

14 of and bona fides of a marriage;

15 but whose marriage is not legitimate solely because

16 of the bigamy of such citizen of the United States;

17 ‘‘(2) who is a person of good moral character;

18 ‘‘(3) who is eligible to be classified as an imme19 diate relative under section 201(b)(2)(A)(i) or who

20 would have been so classified but for the bigamy of

21 the citizen of the United States that the alien in22 tended to marry; and

23 ‘‘(4) who has resided in the United States with

24 the alien’s spouse or intended spouse, or has resided

25 within or outside the territory of the United States
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1 with the citizen spouse at the assigned foreign duty

2 station if the alien’s spouse or intended spouse is an

3 employee of the Department of State or a member

4 of the United States Armed Forces stationed

5 abroad.’’.

6 (C) SELF-PETITIONING CHILDREN.—Sec7 tion 204(a)(1)(A)(iv) of the Immigration and

8 Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is

9 amended to read as follows:

10 ‘‘(iv) An alien who is the child of a citizen of the

11 United States, who is a person of good moral character,

12 who is eligible to be classified as an immediate relative

13 under section 201(b)(2)(A)(i), and who has resided in the

14 United States with the citizen parent (or has resided with15 in or outside the territory of the United States with the

16 citizen parent at the assigned foreign duty station if the

17 alien’s parent is an employee of the Department of State

18 or a member of the United States Armed Forces stationed

19 abroad) may file a petition with the Attorney General

20 under this subparagraph for classification of the alien

21 under such section if the alien demonstrates to the Attor22 ney General that the alien is residing in the United States

23 (unless the alien’s parent is an employee of the Depart24 ment of State or a member of the United States Armed

25 Forces stationed abroad) and during the period of resi-
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1 dence with the citizen parent in the United States or at

2 the assigned foreign duty station the alien has been bat3 tered by or has been the subject of extreme cruelty per4 petrated by the alien’s citizen parent.’’.

5 (D) FILING OF PETITIONS.—Section

6 204(a)(1)(A) of the Immigration and National7 ity Act (8 U.S.C. 1154(a)(1)(A)) is amended by

8 adding at the end the following new clause:

9 (vii) ‘‘An alien who is the spouse, intended spouse,

10 or child filing under clause (iii) or (iv) of this subpara11 graph of an employee of the Department of State or a

12 member of the United States Armed Forces stationed

13 abroad eligible to file a petition under this subsection shall

14 file such petition with the Attorney General.’’.

15 (3) SECOND PREFERENCE IMMIGRATION STA16 TUS.—

17 (A) SELF-PETITIONING SPOUSES.—Section

18 204(a)(1)(B)(ii) of the Immigration and Na19 tionality Act (8 U.S.C. 1154(a)(1)(B)(ii)) is

20 amended to read as follows:

21 ‘‘(ii) An alien who is described in subsection (k) may

22 file a petition with the Attorney General under this clause

23 for classification of the alien (and any child of the alien

24 if such a child has not been classified under clause (iii))
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1 under section 203(a)(2)(A) if the alien demonstrates to

2 the Attorney General that—

3 ‘‘(I) the alien is residing in the United States

4 (unless the alien’s spouse, intended spouse, or child

5 is an employee of the Department of State or a

6 member of the United States Armed Forces sta7 tioned abroad);

8 ‘‘(II) the marriage or the intent to marry the

9 lawful permanent resident was entered into in good

10 faith by the alien; and

11 ‘‘(III) during the marriage or relationship in12 tended by the alien to be legally a marriage, the

13 alien or a child of the alien has been battered or has

14 been the subject of extreme cruelty perpetrated by

15 the alien’s spouse or intended spouse.’’.

16 (B) DEFINITION.—Section 204 of the Im17 migration and Nationality Act (8 U.S.C. 1154)

18 is amended by adding at the end the following:

19 ‘‘(k) DEFINITION.—An alien described in subsection

20 (a)(1)(B)(ii) is an alien—

21 ‘‘(1)(A) who is the spouse of a lawful perma22 nent resident of the United States; or

23 ‘‘(B)(i) who believed in good faith that he or

24 she had married a lawful permanent resident of the

25 United States;
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1 ‘‘(ii) whose marriage to such lawful permanent

2 resident would otherwise meet the definition of

3 qualifying marriage under section 216(d)(1)(A)(i);

4 and

5 ‘‘(iii) who otherwise meets any applicable re6 quirements under this Act to establish the existence

7 of and bona fides of a marriage;

8 but whose marriage is not legitimate solely because

9 of the bigamy of such lawful permanent resident of

10 the United States;

11 ‘‘(2) who is a person of good moral character;

12 ‘‘(3) who is eligible to be classified as a spouse

13 of an alien lawfully admitted for permanent resi14 dence under section 203(a)(2)(A) or who would have

15 been so classified but for the bigamy of the lawful

16 permanent resident of the United States that the

17 alien intended to marry; and

18 ‘‘(4) who has resided in the United States with

19 the alien’s spouse or intended spouse, or has resided

20 within or outside the territory of the United States

21 with the lawful permanent resident spouse or in22 tended spouse at the assigned foreign duty station if

23 the alien’s spouse or intended spouse is an employee

24 of the Department of State or a member of the

25 United States Armed Forces stationed abroad.’’.
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1 (C) SELF-PETITIONING CHILDREN.—Sec2 tion 204(a)(1)(B)(iii) of the Immigration and

3 Nationality Act (8 U.S.C. 1154(a)(1)(B)(iii)) is

4 amended to read as follows:

5 ‘‘(iii) An alien who is the child of an alien

6 lawfully admitted for permanent residence, who

7 is a person of good moral character, who is eli8 gible for classification under section

9 203(a)(2)(A), and who has resided in the

10 United States with the alien’s permanent resi11 dent alien parent (or has resided within or out12 side the territory of the United States with the

13 lawful permanent resident parent at the as14 signed foreign duty station if the alien’s parent

15 is an employee of the Department of State or

16 a member of the United States Armed Forces

17 stationed abroad) may file a petition with the

18 Attorney General under this subparagraph for

19 classification of the alien under such section if

20 the alien demonstrates to the Attorney General

21 that the alien is residing in the United States

22 (unless the alien’s parent is an employee of the

23 Department of State or a member of the United

24 States Armed Forces stationed abroad) and

25 during the period of residence with the perma-
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1 nent resident parent in the United States or at

2 the assigned foreign duty station the alien has

3 been battered by or has been the subject of ex4 treme cruelty perpetrated by the alien’s perma5 nent resident parent.’’.

6 (D) FILING OF PETITIONS.—Section

7 204(a)(1)(B) of the Immigration and National8 ity Act (8 U.S.C. 1154(a)(1)(B)) is amended by

9 adding at the end the following new clause:

10 ‘‘(vi) An alien who is the spouse, intended spouse, or

11 child filing under clauses (ii) and (iii) of this subparagraph

12 of an employee of the Department of State or a member

13 of the United States Armed Forces stationed abroad eligi14 ble to file a petition under this subsection shall file such

15 petition with the Attorney General.’’.

16 (h) ADJUSTMENT OF STATUS.—(1) Section 245 of

17 the Immigration and Nationality Act (8 U.S.C. 1255) is

18 amended—

19 (A) in subsection (a), by inserting ‘‘, or the sta20 tus of any other alien having an approved petition

21 for classification under subparagraph (A)(iii),

22 (A)(iv), (A)(v), (B)(ii), or (B)(iii) of section

23 204(a)(1),’’ after ‘‘into the United States’’;

24 (B) in subsections (c)(2) and (c)(4) by inserting

25 ‘‘or an alien having an approved petition for classi-
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1 fication under subparagraph (A)(iii), (A)(iv), (A)(v),

2 (B)(ii), or (B)(iii) of section 204(a)(1),’’ after ‘‘other

3 than an immediate relative as defined in section

4 201(b)’’ each place it appears;

5 (C) in subsection (c)(5), by inserting ‘‘(other

6 than an alien having an approved petition for classi7 fication under subparagraph (A)(iii), (A)(iv), (A)(v),

8 (B)(ii), or (B)(iii) of section 204(a)(1)),’’ after ‘‘an

9 alien’’; and

10 (D) in subsection (c)(8), by inserting ‘‘(other

11 than an alien having an approved petition for classi12 fication under subparagraph (A)(iii), (A)(iv), (A)(v),

13 (B)(ii), or (B)(iii) of section 204(a)(1)),’’ after ‘‘any

14 alien’’.

15 (2) The amendments made by paragraph (1) shall

16 apply to applications for adjustment of status pending on

17 or made on or after the date of enactment of this Act.

18 (3) Section 245(d) of the Immigration and National19 ity Act (8 U.S.C. 1255(d)) is amended by adding at the

20 end the following new sentence: ‘‘This paragraph shall not

21 apply to aliens who seek adjustment of status on the basis

22 of an approved self-petition under clause (iii) or (iv) of

23 section 204(a)(1)(A) or classification under clause (ii) or

24 (iii) of section 204(a)(1)(B).’’.
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1 (i) ELIMINATING TIME LIMITATIONS ON MOTIONS

2 TO REOPEN REMOVAL AND DEPORTATION PROCEEDINGS

3 FOR VICTIMS OF DOMESTIC VIOLENCE.—

4 (1) REMOVAL PROCEEDINGS.—

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

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

7 1229a(c)(6)(C)) is amended by adding at the

8 end the following:

9 ‘‘(iv) SPECIAL RULE FOR BATTERED

10 SPOUSES AND CHILDREN.—There is no

11 time limit on the filing of a motion to re12 open, and the deadline specified in sub13 section (b)(5)(C) does not apply, if the

14 basis of the motion is to apply for adjust15 ment of status based on a petition filed

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

17 204(a)(1)(A), clause (ii) or (iii) of section

18 204(a)(1)(B), or section 240A(b)(2) and if

19 the motion to reopen is accompanied by a

20 cancellation of removal application to be

21 filed with the Attorney General or by a

22 copy of the self-petition that will be filed

23 with the Immigration and Naturalization

24 Service upon the granting of the motion to

25 reopen.’’.
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1 (B) EFFECTIVE DATE.—The amendments

2 made by subparagraph (A) shall take effect as

3 if included in the enactment of section 304 of

4 the Illegal Immigration Reform and Immigrant

5 Responsibility Act of 1996.

6 (2) DEPORTATION PROCEEDINGS.—

7 (A) IN GENERAL.—Notwithstanding any

8 limitation imposed by law on motions to reopen

9 deportation proceedings under the Immigration

10 and Nationality Act (as in effect before the title

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

12 Immigration Reform and Immigrant Respon13 sibility Act of 1996 (8 U.S.C. 1101 note)),

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

15 to reopen such proceedings, and the deadline

16 specified in section 242B(c)(3) of the Immigra17 tion and Nationality Act (as so in effect) does

18 not apply, if the basis of the motion is to apply

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

20 204(a)(1)(A) of the Immigration and National21 ity Act, clause (ii) or (iii) of section

22 204(a)(1)(B) of such Act, or section 244(a)(3)

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

24 to reopen is accompanied by a suspension of de25 portation application to be filed with the Attor-
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1 ney General or by a copy of the self-petition

2 that will be filed with the Immigration and Nat3 uralization Service upon the granting of the

4 motion to reopen.

5 (B) APPLICABILITY.—Subparagraph (A)

6 shall apply to motions filed by aliens who—

7 (i) are, or were, in deportation pro8 ceedings under the Immigration and Na9 tionality Act (as in effect before the title

10 III–A effective date in section 309 of the

11 Illegal Immigration Reform and Immigrant

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

13 note)); and

14 (ii) have become eligible to apply for

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

16 204(a)(1)(A) of the Immigration and Na17 tionality Act, clause (ii) or (iii) of section

18 204(a)(1)(B) of such Act, or section

19 244(a)(3) of such Act (as in effect before

20 the title III–A effective date in section 309

21 of the Illegal Immigration Reform and Im22 migrant Responsibility Act of 1996 (8

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

24 amendments made by—
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1 (I) subtitle G of title IV of the

2 Violent Crime Control and Law En3 forcement Act of 1994 (Public Law

4 103–322; 108 Stat. 1953 et seq.); or

5 (II) section XX03 of this title.

6 (j) CANCELLATION OF REMOVAL; ADJUSTMENT OF

7 STATUS.—(1)(A) Paragraph (1) of section 240A(d) of the

8 Immigration and Nationality Act (8 U.S.C. 1229b(d)(1))

9 is amended to read as follows:

10 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—

11 ‘‘(A) IN GENERAL.—Except as provided in

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

13 any period of continuous residence or continu14 ous physical presence in the United States shall

15 be deemed to end when the alien is served a no16 tice to appear under section 239(a) or when the

17 alien has committed an offense referred to in

18 section 212(a)(2) that renders the alien inad19 missible to the United States under section

20 212(a)(2) or removable from the United States

21 under section 237(a)(2) or 237(a)(4), whichever

22 is earliest.

23 ‘‘(B) SPECIAL RULE FOR BATTERED

24 SPOUSE OR CHILD.—For purposes of subsection

25 (b)(2), the service of a notice to appear referred
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1 to in subparagraph (A) shall not be deemed to

2 end any period of continuous physical presence

3 in the United States.’’.

4 (B) Section 240A(e)(3) of the Immigration and Na5 tionality Act (8 U.S.C. 1229b(d)(1)) is amended by adding

6 at the end the following new subsection:

7 ‘‘(C) Aliens in removal proceedings who

8 applied for cancellation of removal under sec9 tion 240A(b)(2).’’.

10 (C) The amendments made by subparagraphs (A)

11 and (B) shall take effect as if included in the enactment

12 of section 304 of the Illegal Immigration Reform and Im13 migrant Responsibility Act of 1996 (Public Law 104–208;

14 110 Stat. 587).

15 (2)(A) Section 309(c)(5)(C) of the Illegal Immigra16 tion Reform and Immigrant Responsibility Act of 1996

17 (8 U.S.C. 1101 note) is amended—

18 (i) by amending the subparagraph heading to

19 read as follows:

20 ‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS

21 GRANTED TEMPORARY PROTECTION FROM DE22 PORTATION AND FOR BATTERED SPOUSES AND

23 CHILDREN.—’’; and

24 (ii) in clause (i)—
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1 (I) by striking ‘‘or’’ at the end of subclause

2 (IV);

3 (II) by striking the period at the end of

4 subclause (V) and inserting ‘‘; or’’; and

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

6 ‘‘(VI) is an alien who was issued

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

9 1997, and who applied for suspension

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

11 of the Immigration and Nationality

12 Act (as in effect before the date of the

13 enactment of this Act).’’.

14 (B) The amendments made by subparagraph (A)

15 shall take effect as if included in the enactment of section

16 309 of the Illegal Immigration Reform and Immigrant Re17 sponsibility Act of 1996 (8 U.S.C. 1101 note).

18 (3) Section 240A(d)(2) of the Immigration and Na19 tionality Act (8 U.S.C. 1229b(d)(2)) is amended to read

20 as follows:

21 ‘‘(2) An alien shall be considered to have failed

22 to maintain continuous physical presence in the

23 United States under subsections (b)(1) and (b)(2) if

24 the alien has departed from the United States for

25 any period in excess of 90 days or for periods in the
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1 aggregate exceeding 180 days. In the case of an

2 alien applying for cancellation of removal under sub3 section (b)(2), the Attorney General may waive the

4 provisions of this subsection for humanitarian pur5 poses, if the alien demonstrates a substantial con6 nection between the absences and the battery or ex7 treme cruelty forming the basis of the application

8 for cancellation of removal.’’.

9 (4) Section 244(a)(3) of the Immigration and Nation10 ality Act (as in effect before the title III–A effective date

11 of the Illegal Immigration Reform and Immigrant Respon12 sibility Act of 1996 (Public Law 104–208; division C; 110

13 Stat. 3009–625)) is amended by adding at the end the

14 following: ‘‘The Attorney General may waive the physical

15 presence requirement for humanitarian purposes if the

16 alien demonstrates a substantial connection between the

17 absences and the battery or extreme cruelty forming the

18 basis of the application for suspension of deportation.’’.

19 (k) EXCEPTION TO PUBLIC CHARGE GROUNDS OF

20 INADMISSIBILITY.—Section 212(a)(4) of the Immigration

21 and Nationality Act (8 U.S.C. 1182(a)(4)) is amended by

22 adding at the end the following new subparagraph:

23 ‘‘(E) EXCEPTION.—Subparagraph (A)

24 shall not apply to—
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1 ‘‘(i) an alien who qualifies for status

2 as a spouse or child of a United States cit3 izen or lawful permanent resident pursuant

4 to clause (iii) or (iv) of section

5 204(a)(1)(A) or clause (ii) or (iii) of sec6 tion 204(a)(1)(B);

7 ‘‘(ii) an alien who qualifies for status

8 as the spouse or child of a United States

9 citizen or lawful permanent resident under

10 section 204(a)(1)(A) (i) or (ii) or section

11 204(a)(1)(B)(i) and who has been battered

12 or subjected to extreme cruelty; or

13 ‘‘(iii) derivatives and immediate rel14 ative children of aliens under clause (i) or

15 (ii) of this subparagraph.’’.

16 (l) GRANTS TO COMBAT VIOLENT CRIMES AGAINST

17 WOMEN.—

18 (1) IN GENERAL.—Section 2001 of the Omni19 bus Crime Control and Safe Streets Act of 1968 (42

20 U.S.C. 3796gg) is amended—

21 (A) in subsection (a), by inserting ‘‘, the

22 Immigration and Naturalization Service and the

23 Executive Office of Immigration Review,’’ after

24 ‘‘Indian tribal governments’’; and

25 (B) in subsection (b)—
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1 (i) in paragraph (1), by inserting ‘‘,

2 immigration and asylum officers, immigra3 tion judges,’’ after ‘‘law enforcement offi4 cers’’;

5 (ii) in paragraph (6), by striking

6 ‘‘and’’ at the end;

7 (iii) in paragraph (7), by striking the

8 period at the end and inserting ‘‘; and’’;

9 and

10 (iv) by adding at the end the follow11 ing:

12 ‘‘(8) training justice system personnel on the

13 immigration provisions of the Violence Against

14 Women Act of 1994 and the ramifications of those

15 provisions for victims of domestic violence who ap16 pear in civil and criminal court proceedings and po17 tential immigration consequences for the perpetra18 tors of domestic violence.’’.

19 (2) GRANTS TO ENCOURAGE ARREST POLI20 CIES.—Section 2101(c) of the Omnibus Crime Con21 trol and Safe Streets Act of 1968 (42 U.S.C.

22 3796hh(c)) is amended—

23 (A) in paragraph (3), by striking ‘‘and’’ at

24 the end;
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1 (B) by striking the period at the end and

2 inserting ‘‘; and’’; and

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

4 ‘‘(5) certify that their laws, policies, and prac5 tices do not discourage or prohibit prosecutors and

6 law enforcement officers from granting access to in7 formation about the immigration status of a domes8 tic violence perpetrator to the victim, the child, or

9 their advocate’’.

10 (3) EFFECT ON OTHER GOALS.—Section 287(g)

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

12 1357(g)) is amended by adding at the end the fol13 lowing:

14 ‘‘(11) Notwithstanding any other provision of this

15 section, identifying and reporting the alien status of a

16 crime victim or of a victim of a domestic violence crime

17 shall not supersede the goal of obtaining the cooperation

18 of the victim in the reporting and prosecution of such

19 crime or the goal of protecting the victim of such crime

20 with a protection order or other legal relief available to

21 assist crime victims or domestic violence victims under

22 Federal or State laws.’’.

23 (m) REPORT.—Not later than 6 months after the

24 date of enactment of this Act, the Attorney General shall
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1 submit to the Committees on the Judiciary of the Senate

2 and House of Representatives a report on—

3 (1) the number of and processing times of peti4 tions under section 204(a)(1)(A) (iii) and (iv) and

5 204(a)(1)(B) (ii) and (iii) of the Immigration and

6 Nationality Act at district offices of the Immigration

7 and Naturalization Service and at the regional office

8 of the Service in St. Albans, Vermont;

9 (2) the policy and procedures of the Immigra10 tion and Naturalization Service by which an alien

11 who has been battered or subjected to extreme cru12 elty who is eligible for suspension of deportation or

13 cancellation of removal under can place him or her14 self in deportation or removal proceedings so that he

15 or she may apply for suspension of deportation or

16 cancellation of removal, the number of requests filed

17 at each district office under this policy and the num18 ber of these requests granted broken out by District;

19 and

20 (3) the average length of time at each Immigra21 tion and Naturalization office between the date that

22 an alien who has been subject to battering or ex23 treme cruelty eligible for suspension of deportation

24 or cancellation of removal requests to be placed in

25 deportation or removal proceedings, and the date
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1 that immigrant appears before an immigration judge

2 to file an application for suspension of deportation

3 or cancellation of removal.

4 SEC. 209. OLDER WOMEN’S PROTECTION FROM VIOLENCE.

5 (a) VIOLENCE AGAINST WOMEN ACT OF 1994

6 AMENDMENTS.—The Violence Against Women Act of

7 1994 (108 Stat. 1902) is amended by adding at the end

8 the following:

9 ‘‘Subtitle H—Elder Abuse, Neglect,

10 and Exploitation, Including Do11 mestic Violence and Sexual As12 sault Against Older Individuals

13 ‘‘SEC. 40801. DEFINITIONS.

14 ‘‘In this subtitle:

15 ‘‘(1) IN GENERAL.—The terms ‘elder abuse, ne16 glect, and exploitation’, ‘domestic violence’, and

17 ‘older individual’ have the meanings given the terms

18 in section 102 of the Older Americans Act of 1965

19 (42 U.S.C. 3002).

20 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as21 sault’ has the meaning given the term in section

22 2003 of title I of the Omnibus Crime Control and

23 Safe Streets Act of 1968 (42 U.S.C. 3796gg–2).
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1 ‘‘SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS ON ELDER

2 ABUSE, NEGLECT, AND EXPLOITATION.

3 ‘‘The Attorney General shall make grants to law

4 school clinical programs for the purposes of funding the

5 inclusion of cases addressing issues of elder abuse, neglect,

6 and exploitation, including domestic violence, and sexual

7 assault, against older individuals.

8 ‘‘SEC. 40803. TRAINING PROGRAMS FOR LAW ENFORCE9 MENT OFFICERS.

10 ‘‘The Attorney General shall develop curricula and

11 offer, or provide for the offering of, training programs to

12 assist law enforcement officers and prosecutors in rec13 ognizing, addressing, investigating, and prosecuting in14 stances of elder abuse, neglect, and exploitation, including

15 domestic violence, and sexual assault, against older indi16 viduals.

17 ‘‘SEC. 40804. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘There are authorized to be appropriated such sums

19 as may be necessary to carry out this subtitle.’’.

20 (b) FAMILY VIOLENCE PREVENTION AND SERVICES

21 ACT AMENDMENTS.—

22 (1) DEFINITIONS.—Section 309 of the Family

23 Violence Prevention and Services Act (42 U.S.C.

24 10408) is amended by adding at the end the follow25 ing:
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1 ‘‘(7) The term ‘older individual’ has the mean2 ing given the term in section 102 of the Older Amer3 icans Act of 1965 (42 U.S.C. 3002).’’.

4 (2) DOMESTIC VIOLENCE SERVICES FOR OLDER

5 INDIVIDUALS.—Section 311(a) of the Family Vio6 lence Prevention and Services Act (42 U.S.C.

7 10410(a)) is amended—

8 (A) in paragraph (4), by striking ‘‘and’’ at

9 the end;

10 (B) in paragraph (5), by striking the pe11 riod at the end and inserting ‘‘; and’’; and

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

13 ‘‘(6) work with domestic violence programs to

14 encourage the development of programs, including

15 outreach, support groups, and counseling, targeted

16 to older individuals.’’.

17 (3) DEMONSTRATION GRANTS FOR COMMUNITY

18 INITIATIVES.—Section 318(b)(2)(F) of the Family

19 Violence Prevention and Services Act (42 U.S.C.

20 10418(b)(2)(F)) is amended by inserting ‘‘and adult

21 protective services entities’’ before the semicolon.

22 (c) OLDER AMERICANS ACT OF 1965 AMEND23 MENTS.—
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1 (1) DEFINITIONS.—Section 102 of the Older

2 Americans Act of 1965 (42 U.S.C. 3002) is amend3 ed by adding at the end the following:

4 ‘‘(45) The term ‘domestic violence’ has the

5 meaning given the term in section 2003 of the Om6 nibus Crime Control and Safe Streets Act of 1968

7 (42 U.S.C. 3796gg–2).

8 ‘‘(46) The term ‘sexual assault’ has the mean9 ing given the term in section 2003 of the Omnibus

10 Crime Control and Safe Streets Act of 1968 (42

11 U.S.C. 3796gg–2).’’.

12 (2) RESEARCH ABOUT THE SEXUAL ASSAULT

13 OF WOMEN WHO ARE OLDER INDIVIDUALS.—Section

14 202(d)(3)(C) of the Older Americans Act of 1965

15 (42 U.S.C. 3012(d)(3)(C)) is amended—

16 (A) by striking ‘‘and’’ at the end of clause

17 (i);

18 (B) by striking the period at the end of

19 clause (ii) and inserting ‘‘; and’’; and

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

21 ‘‘(iii) in establishing research priorities under

22 clause (i), consider the importance of research about

23 the sexual assault of women who are older individ24 uals.’’.
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1 (3) STATE LONG-TERM CARE OMBUDSMAN PRO2 GRAM.—Section 303(a)(1) of the Older Americans

3 Act of 1965 (42 U.S.C. 3023(a)(1)) is amended by

4 inserting before the period the following: ‘‘, except

5 that for grants to carry out section 321(a)(10),

6 there are authorized to be appropriated such sums

7 as may be necessary without fiscal year limitation’’.

8 (4) TRAINING FOR HEALTH PROFESSIONALS ON

9 SCREENING FOR ELDER ABUSE, NEGLECT, AND EX10 PLOITATION.—Section 411 of the Older Americans

11 Act of 1965 (42 U.S.C. 3031) is amended by adding

12 at the end the following:

13 ‘‘(f) TRAINING FOR HEALTH PROFESSIONALS ON

14 SCREENING FOR ELDER ABUSE, NEGLECT, AND EXPLOI15 TATION.—

16 ‘‘(1) IN GENERAL.—The Secretary shall, in con17 sultation with the Assistant Secretary, develop cur18 ricula and implement continuing education training

19 programs for protective service workers, health care

20 providers, social workers, clergy, and other commu21 nity-based social service providers in settings, includ22 ing senior centers, adult day care settings, and sen23 ior housing, to improve the ability of the persons

24 using the curriculum and training programs to rec25 ognize and address instances of elder abuse, neglect,
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1 and exploitation, including domestic violence, and

2 sexual assault, against older individuals.

3 ‘‘(2) TRAINING AND CURRICULA.—In carrying

4 out paragraph (1), the Secretary shall develop and

5 implement separate curricula and training programs

6 for adult protective services workers, medical stu7 dents, physicians, physician assistants, nurse practi8 tioners, nurses, and clergy.’’.

9 (5) DOMESTIC VIOLENCE SHELTERS AND PRO10 GRAMS FOR OLDER INDIVIDUALS.—Section 422(b) of

11 the Older Americans Act of 1965 (42 U.S.C.

12 3035a(b)) is amended—

13 (A) by striking ‘‘and’’ at the end of para14 graph (11);

15 (B) by striking the period at the end of

16 paragraph (12) and inserting a semicolon; and

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

18 ‘‘(13) expand access to domestic violence shel19 ters and programs for older individuals and encour20 age the use of senior housing, nursing homes, or

21 other suitable facilities or services when appropriate

22 as emergency short-term shelters or measures for

23 older individuals who are the victims of elder abuse,

24 including domestic violence, and sexual assault,

25 against older individuals; and
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1 ‘‘(14) promote research on legal, organizational,

2 or training impediments to providing services to

3 older individuals through shelters, such as impedi4 ments to provision of the services in coordination

5 with delivery of health care or senior services.’’.

6 (6) AUTHORIZATION OF APPROPRIATIONS.—

7 (A) OMBUDSMAN PROGRAM.—Section

8 702(a) of the Older Americans Act of 1965 (42

9 U.S.C. 3058a(a)) is amended to read as follows:

10 ‘‘(a) OMBUDSMAN PROGRAM.—There are authorized

11 to be appropriated to carry out chapter 2 such sums as

12 may be necessary without fiscal year limitation.’’.

13 (B) ELDER ABUSE PREVENTION PRO14 GRAM.—Section 702(b) of the Older Americans

15 Act of 1965 (42 U.S.C. 3058a(b)) is amended

16 to read as follows:

17 ‘‘(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND

18 EXPLOITATION.—There are authorized to be appropriated

19 to carry out chapter 3 such sums as may be necessary

20 without fiscal year limitation.’’.

21 (7) COMMUNITY INITIATIVES AND OUT22 REACH.—Title VII of the Older Americans Act of

23 1965 (42 U.S.C. 3058 et seq.) is amended—

24 (A) by redesignating subtitle C as subtitle

25 D;
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1 (B) by redesignating sections 761 through

2 764 as sections 771 through 774, respectively;

3 and

4 (C) by inserting after subtitle B the follow5 ing:

6 ‘‘Subtitle C—Community Initiatives

7 and Outreach

8 ‘‘SEC. 761. COMMUNITY INITIATIVES TO COMBAT ELDER

9 ABUSE, NEGLECT, AND EXPLOITATION.

10 ‘‘The Secretary shall make grants to nonprofit pri11 vate organizations to support projects in local commu12 nities, involving diverse sectors of each community, to co13 ordinate activities concerning intervention in and preven14 tion of elder abuse, neglect, and exploitation, including do15 mestic violence, and sexual assault, against older individ16 uals.

17 ‘‘SEC. 762. OUTREACH TO OLDER INDIVIDUALS.

18 ‘‘The Secretary shall make grants to develop and im19 plement outreach programs directed toward assisting older

20 individuals who are victims of elder abuse, neglect, and

21 exploitation (including domestic violence, and sexual as22 sault, against older individuals), including programs di23 rected toward assisting the individuals in senior housing

24 complexes and senior centers.
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1 ‘‘SEC. 763. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated to carry out

3 this subtitle such sums as may be necessary without fiscal

4 year limitation.’’.

5 (d) PUBLIC HEALTH SERVICE ACT AMENDMENTS.—

6 (1) TITLE VII PROGRAMS; PREFERENCES IN FI7 NANCIAL AWARDS.—Section 791 of the Public

8 Health Service Act (42 U.S.C. 295j), as amended by

9 section 107(a) of the Health Professions Education

10 Partnerships Act of 1998 (Public Law 105–392; 112

11 Stat. 3560) is amended by adding at the end the fol12 lowing:

13 ‘‘(d) PREFERENCES REGARDING TRAINING IN IDEN14 TIFICATION AND REFERRAL OF VICTIMS OF ELDER

15 ABUSE AND NEGLECT.—

16 ‘‘(1) IN GENERAL.—In the case of a health pro17 fessions entity specified in paragraph (2), the Sec18 retary shall, in making awards of grants or contracts

19 under this title, give preference to any such entity

20 (if otherwise a qualified applicant for the award in21 volved) that has in effect the requirement that, as a

22 condition of receiving a degree or certificate (as ap23 plicable) from the entity, each student have had sig24 nificant training (such as training conducted in ac25 cordance with curricula or programs authorized

26 under section 411(f) of the Older Americans Act of
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1 1965 (42 U.S.C. 3031(f))), in carrying out the fol2 lowing functions as a provider of health care:

3 ‘‘(A) Identifying victims of elder abuse and

4 neglect, including domestic violence, and sexual

5 assault, against older individuals, and maintain6 ing complete medical records that include docu7 mentation of the examination, treatment given,

8 and referrals made, and recording the location

9 and nature of the victim’s injuries.

10 ‘‘(B) Examining and treating such victims,

11 within the scope of the health professional’s dis12 cipline, training, and practice, including, at a

13 minimum, providing medical advice regarding

14 the dynamics and nature of elder abuse and ne15 glect.

16 ‘‘(C) Referring the victims to public and

17 nonprofit private entities that provide services

18 for such victims.

19 ‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI20 TIES.—For purposes of paragraph (1), a health pro21 fessions entity specified in this paragraph is any en22 tity that is a school of medicine, a school of osteo23 pathic medicine, a graduate program in mental

24 health practice, a school of nursing (as defined in

25 section 801), a program for the training of physician
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1 assistants, or a program for the training of allied

2 health professionals.

3 ‘‘(3) REPORT TO CONGRESS.—Not later than 2

4 years after the date of the enactment of the Violence

5 Against Women Act II, the Secretary shall submit to

6 the Committee on Commerce of the House of Rep7 resentatives, and the Committee on Labor and

8 Human Resources of the Senate, a report

9 specifying—

10 ‘‘(A) the health professions entities that

11 are receiving preference under paragraph (1);

12 ‘‘(B) the number of hours of training re13 quired by the entities for purposes of such

14 paragraph;

15 ‘‘(C) the extent of clinical experience so re16 quired; and

17 ‘‘(D) the types of courses through which

18 the training is being provided.

19 ‘‘(4) DEFINITIONS.—In this subsection:

20 ‘‘(A) IN GENERAL.—The terms ‘abuse’,

21 ‘neglect’, ‘domestic violence’, and ‘older individ22 ual’ have the meanings given the terms in sec23 tion 102 of the Older Americans Act of 1965

24 (42 U.S.C. 3002).
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1 ‘‘(B) ELDER ABUSE AND NEGLECT.—The

2 term ‘elder abuse and neglect’ means abuse and

3 neglect of an older individual.

4 ‘‘(C) SEXUAL ASSAULT.—The term ‘sexual

5 assault’ has the meaning given the term in sec6 tion 2003 of the Omnibus Crime Control and

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

8 2).’’.

9 (2) TITLE VIII PROGRAMS; PREFERENCES IN FI10 NANCIAL AWARDS.—Section 806 of the Public

11 Health Service Act (as added by section 123 of the

12 Health Professions Education Partnerships Act of

13 1998 (Public Law 105–392)) is amended by adding

14 at the end the following:

15 ‘‘(i) PREFERENCES REGARDING TRAINING IN IDEN16 TIFICATION AND REFERRAL OF VICTIMS OF ELDER

17 ABUSE AND NEGLECT.—

18 ‘‘(1) IN GENERAL.—In the case of a health pro19 fessions entity specified in paragraph (2), the Sec20 retary shall, in making awards of grants or contracts

21 under this title, give preference to any such entity

22 (if otherwise a qualified applicant for the award in23 volved) that has in effect the requirement that, as a

24 condition of receiving a degree or certificate (as ap25 plicable) from the entity, each student have had sig-
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1 nificant training (such as training conducted in ac2 cordance with curricula or programs authorized

3 under section 411(f) of the Older Americans Act of

4 1965 (42 U.S.C. 3031(f))), in carrying out the fol5 lowing functions as a provider of health care:

6 ‘‘(A) Identifying victims of elder abuse and

7 neglect, including domestic violence, and sexual

8 assault, against older individuals, and maintain9 ing complete medical records that include docu10 mentation of the examination, treatment given,

11 and referrals made, and recording the location

12 and nature of the victim’s injuries.

13 ‘‘(B) Examining and treating such victims,

14 within the scope of the health professional’s dis15 cipline, training, and practice, including, at a

16 minimum, providing medical advice regarding

17 the dynamics and nature of elder abuse and ne18 glect.

19 ‘‘(C) Referring the victims to public and

20 nonprofit private entities that provide services

21 for such victims.

22 ‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI23 TIES.—For purposes of paragraph (1), a health pro24 fessions entity specified in this paragraph is any en25 tity that is a school of nursing or other public or
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1 nonprofit private entity that is eligible to receive an

2 award described in such paragraph.

3 ‘‘(3) REPORT TO CONGRESS.—Not later than 2

4 years after the date of the enactment of the Violence

5 Against Women Act II, the Secretary shall submit to

6 the Committee on Commerce of the House of Rep7 resentatives, and the Committee on Labor and

8 Human Resources of the Senate, a report

9 specifying—

10 ‘‘(A) the health professions entities that

11 are receiving preference under paragraph (1);

12 ‘‘(B) the number of hours of training re13 quired by the entities for purposes of such

14 paragraph;

15 ‘‘(C) the extent of clinical experience so re16 quired; and

17 ‘‘(D) the types of courses through which

18 the training is being provided.

19 ‘‘(4) DEFINITIONS.—In this subsection:

20 ‘‘(A) IN GENERAL.—The terms ‘abuse’,

21 ‘neglect’, ‘domestic violence’, and ‘older individ22 ual’ have the meanings given the terms in sec23 tion 102 of the Older Americans Act of 1965

24 (42 U.S.C. 3002).
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1 ‘‘(B) ELDER ABUSE AND NEGLECT.—The

2 term ‘elder abuse and neglect’ means abuse and

3 neglect of an older individual.

4 ‘‘(C) SEXUAL ASSAULT.—The term ‘sexual

5 assault’ has the meaning given the term in sec6 tion 2003 of the Omnibus Crime Control and

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

8 2).’’.

9 (3) CONFORMING AMENDMENT.—Section 411(f)

10 of the Older Americans Act of 1965 (as added by

11 subsection (c)(4)) is amended by adding at the end

12 the following:

13 ‘‘(3) In carrying out paragraph (1), the Secretary

14 shall provide information about the curricula and training

15 programs to entities described in section 791(d)(2) of the

16 Public Health Service Act (42 U.S.C. 295j(d)(2)) and sec17 tion 806(i)(2) of the Public Health Service Act (as added

18 by section 123 of the Health Professions Education Part19 nerships Act of 1998 and amended by section 209(d)(2)

20 of the Violence Against Women Act II) that seek grants

21 or contracts under title VII or VIII of such Act.’’.
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1 TITLE III—LIMITING THE EF2 FECTS OF VIOLENCE ON

3 CHILDREN

4 SEC. 301. SAFE HAVENS FOR CHILDREN.

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

6 grants to States and Indian tribal governments to enable

7 States and Indian tribal governments to enter into con8 tracts and cooperative agreements with public or private

9 nonprofit entities to assist those entities in establishing

10 and operating supervised visitation centers for purposes

11 of facilitating supervised visitation and visitation exchange

12 of children by and between parents.

13 (b) CONSIDERATIONS.—In awarding grants under

14 subsection (a), the Attorney General shall take into

15 account—

16 (1) the number of families to be served by the

17 proposed visitation center;

18 (2) the extent to which the proposed supervised

19 visitation center serves underserved populations (as

20 defined in section 2003 of title I of the Omnibus

21 Crime Control and Safe Streets Act of 1968 (42

22 U.S.C. 3796gg–2));

23 (3) with respect to an applicant for a contract

24 or cooperative agreement, the extent to which the

25 applicant demonstrates cooperation and collabora-
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1 tion with nonprofit, nongovernmental entities in the

2 local community served, including the State domestic

3 violence coalition, State sexual assault coalition, local

4 shelters, and programs for domestic violence and

5 sexual assault victims;

6 (4) the extent to which the applicant dem7 onstrates coordination and collaboration with State

8 and local court systems, including mechanisms for

9 communication and referral; and

10 (5) the extent to which the applicant dem11 onstrates implementation of domestic violence and

12 sexual assault training for all employees.

13 (c) USE OF FUNDS.—

14 (1) IN GENERAL.—Amounts provided under a

15 grant, contract, or cooperative agreement awarded

16 under this section shall be used to establish and op17 erate supervised visitation centers.

18 (2) APPLICANT REQUIREMENTS.—The Attorney

19 General shall award grants for contracts and cooper20 ative agreements under this section in accordance

21 with such regulations as the Attorney General may

22 promulgate. The regulations shall establish a multi23 year grant process. The Attorney General shall give

24 priority in awarding grants for contracts and cooper25 ative agreements under this section to States that
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1 consider domestic violence in making a custody deci2 sion and require findings on the record. An appli3 cant awarded a contract or cooperative agreement by

4 a State that receives a grant under this section

5 shall—

6 (A) demonstrate recognized expertise in

7 the area of family violence and a record of high

8 quality service to victims of domestic violence

9 and/or sexual assault;

10 (B) demonstrate collaboration with and

11 support of the State domestic violence coalition,

12 sexual assault coalition or local domestic vio13 lence and sexual assault shelter or program in

14 the locality in which the supervised visitation

15 center will be operated;

16 (C) provide supervised visitation and visi17 tation exchange services over the duration of a

18 court order to promote continuity and stability;

19 (D) ensure that any fees charged to indi20 viduals for use of services are based on an indi21 vidual’s income;

22 (E) demonstrate that adequate security

23 measures, including adequate facilities, proce24 dures, and personnel capable of preventing vio-
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1 lence, are in place for the operation of super2 vised visitation; and

3 (F) described standards by which the su4 pervised visitation center will operate.

5 (d) REPORTING.—Not later than 120 days after the

6 end of each fiscal year, the Attorney General shall submit

7 to Congress a report that includes information

8 concerning—

9 (1) the number of individuals served and the

10 number of individuals turned away from services

11 (categorized by State), the number of individuals

12 from underserved populations served and turned

13 away from services, and the type of problems that

14 underlie the need for supervised visitation or visita15 tion exchange, such as domestic violence, child

16 abuse, sexual assault, emotional or other physical

17 abuse, or a combination of such factors;

18 (2) the numbers of supervised visitations or vis19 itation exchanges ordered during custody determina20 tions under a separation or divorce decree or protec21 tion order, through child protection services or other

22 social services agencies, or by any other order of a

23 civil, criminal, juvenile, or family court;

24 (3) the process by which children or abused

25 partners are protected during visitations, temporary
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1 custody transfers, and other activities for which the

2 supervised visitation centers are established under

3 this section;

4 (4) safety and security problems occurring dur5 ing the reporting period during supervised visitations

6 or at visitation centers including the number of pa7 rental abduction cases;

8 (5) the number of parental abduction cases in

9 a judicial district using supervised visitation services,

10 both as identified in criminal prosecution and cus11 tody violations; and

12 (6) program standards across the country that

13 are in place for operating a supervised visitation cen14 ter.

15 (e) AUTHORIZATION OF APPROPRIATIONS.—

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

17 appropriated from the Violent Crime Reduction

18 Trust Fund established under section 310001 of the

19 Violent Crime Control and Law Enforcement Act of

20 1994 (42 U.S.C. 14211) to carry out this section—

21 (A) $20,000,000 for fiscal year 2000;

22 (B) $30,000,000 for fiscal year 2001; and

23 (C) $30,000,000 for fiscal year 2002.

24 (2) DISTRIBUTION.—Of amounts made avail25 able to carry out this section for each fiscal year, not
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1 less than 95 percent shall be used to award grants,

2 contracts, or cooperative agreements.

3 (3) ALLOTMENT FOR INDIAN TRIBES.—

4 (A) IN GENERAL.—Not less than 5 percent

5 of the total amount made available to carry out

6 this section for each fiscal year shall be avail7 able for grants to Indian tribal governments.

8 (B) REALLOTMENT OF FUNDS.—If, begin9 ning 9 months after the first day of any fiscal

10 year for which amounts are made available

11 under this paragraph, any amount made avail12 able under this paragraph remains unobligated,

13 the unobligated amount may be allocated with14 out regard to subparagraph (A).

15 SEC. 302. STUDY OF CHILD CUSTODY LAWS IN DOMESTIC

16 VIOLENCE CASES.

17 (a) IN GENERAL.—The Attorney General shall—

18 (1) conduct a study of Federal and State laws

19 relating to child custody, including the Parental Kid20 naping Prevention Act of 1980, and the amendments

21 made by that Act, and the effect of those laws on

22 child custody cases in which domestic violence is a

23 factor; and

24 (2) submit to Congress a report describing the

25 results of that study, including the effects of imple-
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1 menting or applying new model State laws, and the

2 recommendations of the Attorney General regarding

3 legislative changes to reduce the incidence or pattern

4 of violence against women or of sexual assault of the

5 child.

6 (b) SUFFICIENCY OF DEFENSES.—In carrying out

7 subsection (a) with respect to the Parental Kidnaping Pre8 vention Act of 1980, and the amendments made by that

9 Act, the Attorney General shall examine the sufficiency

10 of defenses to parental abduction charges available in

11 cases involving domestic violence, and the burdens and

12 risks encountered by victims of domestic violence arising

13 from compliance with the full faith and credit (and judicial

14 jurisdiction) requirements of that Act and the amend15 ments made by that Act.

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriate to carry out this section

18 $200,000 for each of fiscal years 2000 and 2001.

19 (d) CONDITION FOR CUSTODY DETERMINATION.—

20 Section 1738A(c)(2)(C)(ii) of title 28, United States Code,

21 is amended—

22 (1) by striking ‘‘he’’ and inserting ‘‘the child, or

23 a sibling or parent of the child,’’; and
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1 (2) by inserting ‘‘, including any act of domes2 tic violence by the other parent’’ before the semi3 colon.

4 SEC. 303. REAUTHORIZATION OF RUNAWAY AND HOMELESS

5 YOUTH GRANTS.

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

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

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

10 is authorized to be appropriated from the Violent Crime

11 Reduction Trust Fund established under section 310001

12 of the Violent Crime Control and Law Enforcement Act

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

14 ‘‘(1) $21,000,000 for fiscal year 2000;

15 ‘‘(2) $22,000,000 for fiscal year 2001; and

16 ‘‘(3) $23,000,000 for fiscal year 2002.’’.

17 (b) DISSEMINATION OF INFORMATION.—Section 316

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

19 U.S.C. 5712d) is amended—

20 (1) by redesignating subsection (d) as sub21 section (e); and

22 (2) by inserting after subsection (c) the follow23 ing:

24 ‘‘(d) DISSEMINATION OF INFORMATION.—The Sec25 retary shall annually compile and broadly disseminate (in-
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1 cluding through electronic publication) information about

2 the use of amounts expended and the projects funded

3 under this subtitle, including any evaluations of the

4 projects and information to enable replication and adop5 tion of the strategies identified in the projects. Such dis6 semination shall target community-based programs, in7 cluding domestic violence and sexual assault programs.’’.

8 SEC. 304. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE

9 PROGRAMS.

10 (a) COURT-APPOINTED SPECIAL ADVOCATE PRO11 GRAM.—Section 218(a) of the Victims of Child Abuse Act

12 of 1990 (42 U.S.C. 13014(a)) is amended to read as fol13 lows:

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

15 appropriated from the Violent Crime Reduction Trust

16 Fund established under section 310001 of the Violent

17 Crime Control and Law Enforcement Act of 1994 (42

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

19 ‘‘(1) $10,000,000 for fiscal year 2000; and

20 ‘‘(2) $12,000,000 for each of fiscal years 2001

21 and 2002.’’.

22 (b) CHILD ABUSE TRAINING PROGRAMS FOR JUDI23 CIAL PERSONNEL AND PRACTITIONERS.—Section 224(a)

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

25 13024(a) is amended to read as follows:
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1 ‘‘(a) AUTHORIZATION.—There are authorized to be

2 appropriated from the Violent Crime Reduction Trust

3 Fund established under section 310001 of the Violent

4 Crime Control and Law Enforcement Act of 1994 (42

5 U.S.C. 14211) to carry out this subtitle $2,300,000 for

6 each of fiscal years 2000 through 2002.’’.

7 (c) GRANTS FOR TELEVISED TESTIMONY.—Section

8 1001(a)(7) of title I of the Omnibus Crime Control and

9 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(7)) is

10 amended to read as follows:

11 ‘‘(7) There is authorized to be appropriated from the

12 Violent Crime Reduction Trust Fund established under

13 section 310001 of the Violent Crime Control and Law En14 forcement Act of 1994 (42 U.S.C. 14211) to carry out

15 part N $1,000,000 for each of fiscal years 2000 through

16 2002.’’.

17 (d) DISSEMINATION OF INFORMATION.—The Attor18 ney General shall annually compile and broadly dissemi19 nate (including through electronic publication) informa20 tion about the use of amounts expended and the projects

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

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

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

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

25 Control and Safe Streets Act of 1968 (42 U.S.C.
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1 3793(a)(7)), including any evaluations of the projects and

2 information to enable replication and adoption of the

3 strategies identified in the projects. Such dissemination

4 shall target community-based programs, including domes5 tic violence and sexual assault programs.

6 TITLE IV—STRENGTHENING

7 EDUCATION AND TRAINING

8 TO COMBAT VIOLENCE

9 AGAINST WOMEN

10 SEC. 401. EDUCATION AND TRAINING OF HEALTH PROFES11 SIONALS.

12 (a) TITLE VII PROGRAMS; PREFERENCES IN FINAN13 CIAL AWARDS.—Section 791 of the Public Health Service

14 Act (42 U.S.C. 295j), as amended by section 209 of this

15 Act, is amended by adding at the end the following:

16 ‘‘(d) PREFERENCES REGARDING TRAINING IN IDEN17 TIFICATION AND REFERRAL OF VICTIMS OF DOMESTIC

18 VIOLENCE.—

19 ‘‘(1) IN GENERAL.—In the case of a health pro20 fessions entity specified in paragraph (2), the Sec21 retary shall, in making awards of grants or contracts

22 under this title, give preference to any such entity

23 (if otherwise a qualified applicant for the award in24 volved) that has in effect the requirement that, as a

25 condition of receiving a degree or certificate (as ap-
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1 plicable) from the entity, each student have had sig2 nificant training in carrying out the following func3 tions as a provider of health care:

4 ‘‘(A) Identifying victims of domestic vio5 lence, and maintaining complete medical

6 records that include documentation of the ex7 amination, treatment given, and referrals made,

8 and recording the location and nature of the

9 victim’s injuries.

10 ‘‘(B) Examining and treating such victims,

11 within the scope of the health professional’s dis12 cipline, training, and practice, including, at a

13 minimum, providing medical advice regarding

14 the dynamics and nature of domestic violence.

15 ‘‘(C) Referring the victims to public and

16 nonprofit private entities that provide services

17 for such victims.

18 ‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI19 TIES.—For purposes of paragraph (1), a health pro20 fessions entity specified in this paragraph is any en21 tity that is a school of medicine, a school of osteo22 pathic medicine, a graduate program in mental

23 health practice, a school of nursing (as defined in

24 section 853), a program for the training of physician
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1 assistants, or a program for the training of allied

2 health professionals.

3 ‘‘(3) REPORT TO CONGRESS.—Not later than 2

4 years after the date of enactment of this subsection,

5 the Secretary shall submit to the Committee on

6 Commerce of the House of Representatives, and the

7 Committee on Labor and Human Resources of the

8 Senate, a report specifying—

9 ‘‘(A) the health professions entities that

10 are receiving preference under paragraph (1);

11 ‘‘(B) the number of hours of training re12 quired by the entities for purposes of such

13 paragraph;

14 ‘‘(C) the extent of clinical experience so re15 quired; and

16 ‘‘(D) the types of courses through which

17 the training is being provided.

18 ‘‘(4) DEFINITION OF DOMESTIC VIOLENCE.—In

19 this subsection, the term ‘domestic violence’ includes

20 behavior commonly referred to as domestic violence,

21 sexual assault, spousal abuse, woman battering,

22 partner abuse, child abuse, elder abuse, and ac23 quaintance rape.’’.

24 (b) TITLE VIII PROGRAMS; PREFERENCES IN FI25 NANCIAL AWARDS.—Section 860 of the Public Health
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1 Service Act (42 U.S.C. 298b–7), as amended by section

2 209 of this Act, is amended by adding at the end the fol3 lowing:

4 ‘‘(g) PREFERENCES REGARDING TRAINING IN IDEN5 TIFICATION AND REFERRAL OF VICTIMS OF DOMESTIC

6 VIOLENCE.—

7 ‘‘(1) IN GENERAL.—In the case of a health pro8 fessions entity specified in paragraph (2), the Sec9 retary shall, in making awards of grants or contracts

10 under this title, give preference to any such entity

11 (if otherwise a qualified applicant for the award in12 volved) that has in effect the requirement that, as a

13 condition of receiving a degree or certificate (as ap14 plicable) from the entity, each student have had sig15 nificant training in carrying out the following func16 tions as a provider of health care:

17 ‘‘(A) Identifying victims of domestic vio18 lence, and maintaining complete medical

19 records that include documentation of the ex20 amination, treatment given, and referrals made,

21 and recording the location and nature of the

22 victim’s injuries.

23 ‘‘(B) Examining and treating such victims,

24 within the scope of the health professional’s dis25 cipline, training, and practice, including, at a
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1 minimum, providing medical advice regarding

2 the dynamics and nature of domestic violence.

3 ‘‘(C) Referring the victims to public and

4 nonprofit private entities that provide services

5 for such victims.

6 ‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI7 TIES.—For purposes of paragraph (1), a health pro8 fessions entity specified in this paragraph is any en9 tity that is a school of nursing or other public or

10 nonprofit private entity that is eligible to receive an

11 award described in such paragraph.

12 ‘‘(3) REPORT TO CONGRESS.—Not later than 2

13 years after the date of the enactment of the Domes14 tic Violence Identification and Referral Act of 1997,

15 the Secretary shall submit to the Committee on

16 Commerce of the House of Representatives, and the

17 Committee on Labor and Human Resources of the

18 Senate, a report specifying—

19 ‘‘(A) the health professions entities that

20 are receiving preference under paragraph (1);

21 ‘‘(B) the number of hours of training re22 quired by the entities for purposes of such

23 paragraph;

24 ‘‘(C) the extent of clinical experience so re25 quired; and
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1 ‘‘(D) the types of courses through which

2 the training is being provided.

3 ‘‘(4) DEFINITION OF DOMESTIC VIOLENCE.—In

4 this subsection, the term ‘domestic violence’ includes

5 behavior commonly referred to as domestic violence,

6 sexual assault, spousal abuse, woman battering,

7 partner abuse, child abuse, elder abuse, and ac8 quaintance rape.’’.

9 SEC. 402. EDUCATION AND TRAINING IN APPROPRIATE RE10 SPONSES TO VIOLENCE AGAINST WOMEN.

11 (a) AUTHORITY.—The Attorney General may make

12 grants in accordance with this section to public and pri13 vate nonprofit entities that, in the determination of the

14 Attorney General, have—

15 (1) nationally recognized expertise in the areas

16 of domestic violence and sexual assault; and

17 (2) a record of commitment and quality re18 sponses to reduce domestic violence and sexual as19 sault.

20 (b) PURPOSE.—Grants under this section may be

21 used for the purposes of developing, testing, presenting,

22 and disseminating model programs to provide education

23 and training in appropriate and effective responses to vic24 tims of domestic violence and victims of sexual assault (in25 cluding, as appropriate, the effects of domestic violence
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1 on children) to individuals (other than law enforcement

2 officers and prosecutors) who are likely to come into con3 tact with such victims during the course of their employ4 ment, including—

5 (1) campus personnel, such as administrators,

6 housing officers, resident advisers, counselors, and

7 others;

8 (2) caseworkers, supervisors, administrators,

9 administrative law judges, and other individuals ad10 ministering Federal and State benefits programs,

11 such as child welfare and child protective services,

12 Temporary Assistance to Needy Families, social se13 curity disability, child support, medicaid, unemploy14 ment, workers’ compensation, and similar programs;

15 (3) justice system professionals, such as court

16 personnel, guardians ad litem and other individuals

17 appointed to represent or evaluate children, proba18 tion and parole officers, bail commissioners, judges,

19 and attorneys;

20 (4) medical and health care professionals, in21 cluding mental and behavioral health professionals

22 such as psychologists, psychiatrists, social workers,

23 therapists, counselors, and others; and

24 (5) religious professionals, such as clergy per25 sons and lay employees.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated from the Violent Crime Re3 duction Trust Fund established under section 310001 of

4 the Violent Crime Control and Law Enforcement Act of

5 1994 (42 U.S.C. 14211) to carry out this section

6 $5,000,000 for each of fiscal years 2000 through 2002.

7 SEC. 403. RAPE PREVENTION AND EDUCATION.

8 (a) IN GENERAL.—Part J of title III of the Public

9 Health Service Act (42 U.S.C. 280b et seq.) is amended

10 by inserting after section 393A the following:

11 ‘‘SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION

12 EDUCATION.

13 ‘‘(a) PERMITTED USE.—Notwithstanding section

14 1904(a)(1), amounts transferred by the State for use

15 under this part shall be used for rape prevention and edu16 cation programs conducted by rape crisis centers, State

17 sexual assault coalitions, and other public and private non18 profit entities for—

19 ‘‘(1) educational seminars;

20 ‘‘(2) the operation of hotlines;

21 ‘‘(3) training programs for professionals;

22 ‘‘(4) the preparation of informational material;

23 ‘‘(5) education and training programs for stu24 dents and campus personnel designed to reduce the
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1 incidence of sexual assault at colleges and univer2 sities; and

3 ‘‘(6) other efforts to increase awareness of the

4 facts about, or to help prevent, sexual assault, in5 cluding efforts to increase awareness in underserved

6 communities and awareness among individuals with

7 disabilities (as defined in section 3 of the Americans

8 with Disabilities Act of 1990 (42 U.S.C. 12102)).

9 ‘‘(b) NATIONAL RESOURCE CENTER.—The Secretary

10 of Health and Human Services shall, through the National

11 Center for Injury Prevention and Control at the Centers

12 for Disease Control and Prevention, establish a National

13 Resource Center on Sexual Assault to provide resource in14 formation, policy, training, and technical assistance to

15 Federal, State, and Indian tribal agencies, as well as to

16 State sexual assault coalitions and local sexual assault

17 programs and to other professionals and interested parties

18 on issues relating to sexual assault. The Resource Center

19 shall maintain a central resource library in order to col20 lect, prepare, analyze, and disseminate information and

21 statistics and analyses thereof relating to the incidence

22 and prevention of sexual assault.

23 ‘‘(c) TARGETING OF EDUCATION PROGRAMS.—States

24 providing grant moneys must ensure that not less than

25 25 percent of the funds are used for educational programs
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1 targeted for middle school, junior high, and high school

2 students. The programs targeted under this subsection

3 shall be provided by or in consultation with rape crisis cen4 ters, State sexual assault coalitions, or other entities rec5 ognized for their expertise in preventing sexual assault or

6 in providing services to victims of sexual assault.

7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

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

9 appropriated from the Violent Crime Reduction

10 Trust Fund established under section 310001 of the

11 Violent Crime Control and Law Enforcement Act of

12 1994 (42 U.S.C. 14211) to carry out this section—

13 ‘‘(A) $55,000,000 for fiscal year 2000;

14 ‘‘(B) $60,000,000 for fiscal year 2001; and

15 ‘‘(C) $60,000,000 for fiscal year 2002.

16 ‘‘(2) SEXUAL ASSAULT COALITIONS.—Not less

17 than 10 percent of the total amount made available

18 under this subsection in each fiscal year shall be

19 used to make grants to State sexual assault coali20 tions to address public health issues associated with

21 sexual assault through training, resource develop22 ment, or similar research.

23 ‘‘(3) NATIONAL RESOURCE CENTER ALLOT24 MENT.—Not less than 1 percent of the total amount

25 made available under this subsection in each fiscal
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1 year shall be available for allotment under sub2 section (b).

3 ‘‘(e) LIMITATIONS.—

4 ‘‘(1) SUPPLEMENT NOT SUPPLANT.—Amounts

5 transferred by States for use under this section shall

6 be used to supplement and not supplant other Fed7 eral, State, and local public funds expended to pro8 vide services of the type described in subsection (a).

9 ‘‘(2) STUDIES.—A State may not use more

10 than 2 percent of the amount received by the State

11 under this section for each fiscal year for surveil12 lance studies or prevalence studies.

13 ‘‘(3) ADMINISTRATION.—A State may not use

14 more than 5 percent of the amount received by the

15 State under this section for each fiscal year for ad16 ministrative expenses.

17 ‘‘(f) ELIGIBLE ORGANIZATIONS.—The Secretary

18 shall award a grant under subsection (b) of this section

19 to a private nonprofit entity which can—

20 ‘‘(1) demonstrate that it has recognized exper21 tise in the area of sexual assault, a record of high22 quality services to victims of sexual assault, includ23 ing a demonstration of support from advocacy

24 groups, such as State sexual assault coalitions or

25 recognized national sexual assault groups; and
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1 ‘‘(2) demonstrate a commitment to the provi2 sion of services to underserved populations.

3 ‘‘(g) DEFINITIONS.—In this section—

4 ‘‘(1) the term ‘rape prevention and education’

5 includes education and prevention efforts directed at

6 sexual offenses committed by offenders who are not

7 known to the victim as well as offenders who are

8 known to the victim;

9 ‘‘(2) the term ‘rape crisis center’ means a pri10 vate nonprofit organization that is organized, or has

11 as one of its primary purposes, to provide services

12 for victims of sexual assault and has a record of

13 commitment and demonstrated experience in provid14 ing services to victims of sexual assault;

15 ‘‘(3) the term ‘sexual assault’ has the meaning

16 given the term in section 2003 of title I of the Om17 nibus Crime Control and Safe Streets Act of 1968

18 (42 U.S.C. 3796gg–2); and

19 ‘‘(4) the term ‘State sexual assault coalition’

20 means a statewide nonprofit, non-governmental

21 membership organization administering a majority

22 of sexual assault programs within the State that,

23 among other activities, provides training and tech24 nical assistance to sexual assault programs within

25 the State.
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1 ‘‘(h) TERMS.—

2 ‘‘(1) BASIS OF ALLOTMENTS.—The Secretary

3 shall make allotments to each State on the basis of

4 the population of the State.

5 ‘‘(2) LIMITATION.—No State may use amounts

6 made available by reason of subsection (a) in any

7 fiscal year for administration of any prevention pro8 gram other than the rape prevention and education

9 program for which allotments are made under this

10 section.

11 ‘‘(3) AVAILABILITY OF FUNDS.—Any amount

12 paid to a State for a fiscal year and remaining unob13 ligated at the end of such year shall remain available

14 for the next fiscal year to such State for the pur15 poses for which it was made.’’.

16 (b) TECHNICAL AMENDMENTS.—

17 (1) PUBLIC HEALTH SERVICE.—Section 1910A

18 of the Public Health Service Act (42 U.S.C. 300w–

19 10) is repealed.

20 (2) VIOLENCE AGAINST WOMEN ACT OF 1994.—

21 Section 40151 of the Violence Against Women Act

22 of 1994 (108 Stat. 1920) is repealed.
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1 SEC. 404. VIOLENCE AGAINST WOMEN PREVENTION EDU2 CATION AMONG YOUTH.

3 (a) GRANTS AUTHORIZED.—The Secretary of Health

4 and Human Services, in consultation with the Secretary

5 of Education, shall provide grants to individuals or organi6 zations to carry out educational programs for elementary

7 schools, middle schools, secondary schools, or institutions

8 of higher education with respect to information regarding,

9 and prevention of, domestic violence and violence among

10 intimate partners.

11 (b) ELIGIBILITY.—To be eligible for a grant under

12 this section, an individual or organization shall work in

13 domestic violence prevention, health or social work, law

14 or law enforcement, schools, or institutions of higher edu15 cation.

16 (c) APPLICATIONS.—An individual or organization

17 that desires to receive a grant under this section shall sub18 mit to the Secretary of Health and Human Services an

19 application, in such form and manner as the Secretary of

20 Health and Human Services shall prescribe, that—

21 (1) demonstrates that the educational program

22 is comprehensive, engaging, and appropriate to the

23 target ages, addresses cultural diversity, has the po24 tential to change attitudes and behaviors, is devel25 oped based on research and experience in the areas

26 of youth education and domestic violence, collects
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1 some form of data on changes in participants’ atti2 tudes or behavior, and includes an evaluation compo3 nent;

4 (2) in the case of a program for a collegiate au5 dience, demonstrates input from members of the

6 campus community, campus or local law enforce7 ment, education professionals, legal and psycho8 logical experts on battering, and victim advocate or9 ganizations; and

10 (3) contains such other information, agree11 ments, and assurances as the Secretary of Health

12 and Human Services may require.

13 (d) USES OF FUNDS.—

14 (1) IN GENERAL.—An individual or organiza15 tion that receives a grant under this section may use

16 the grant funds—

17 (A) to carry out educational programs for

18 elementary schools, middle schools, secondary

19 schools, or institutions of higher education with

20 respect to information regarding, and preven21 tion of, domestic violence and violence among

22 intimate partners;

23 (B) to modify the program materials of the

24 model programs implemented under section 317

25 of the Family Violence Prevention and Services
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1 Act (42 U.S.C. 10417), if appropriate, in order

2 to make the materials applicable to a particular

3 age group;

4 (C) to purchase the materials described in

5 subparagraph (B); or

6 (D) to establish pilot educational programs

7 described in paragraph (1) for institutions of

8 higher education for the purpose of identifying

9 model programs for such institutions.

10 (2) LIMITATION.—An individual or organization

11 that receives a grant under this section for a fiscal

12 year shall use not more than 7 percent of the grant

13 funds for administrative expenses.

14 (e) PUBLICATION.—The Secretary of Health and

15 Human Services shall publish the availability of grants

16 under this section through announcements in professional

17 publications for the individuals or organizations described

18 in subsection (d)(2), and through notice in the Federal

19 Register.

20 (f) TERM.—A grant under this section may be award21 ed for a period of not more than 3 fiscal years.

22 (g) EQUITABLE DISTRIBUTION.—In awarding grants

23 under this section, the Secretary of Health and Human

24 Services shall ensure an equitable geographic distribution
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1 to individuals and organizations throughout the United

2 States.

3 (h) REQUIREMENTS.—In carrying out an educational

4 program under this section, an individual or organization

5 shall—

6 (1) develop the program, or acquire model pro7 gram materials if available;

8 (2) carry out the program with a school’s or in9 stitution of higher education’s involvement; and

10 (3) report the results of the program to the

11 Secretary of Health and Human Services in a for12 mat provided by the Secretary.

13 (i) EVALUATION AND REPORT.—

14 (1) COLLEGE LEVEL PROGRAMS.—Not later

15 than December 31, 2000, the Secretary shall evalu16 ate the pilot educational programs for college audi17 ences assisted under subsection (e)(1)(D) with the

18 goal of identifying and describing model programs.

19 (2) EVALUATION AND REPORT.—Not later than

20 3 years after the date of enactment of this Act, the

21 Secretary of Health and Human Services shall—

22 (A) transmit to Congress the design and

23 an evaluation of the model collegiate programs;

24 (B) report to Congress regarding results of

25 the elementary school, middle school, secondary
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1 school, and institution of higher education pro2 grams funded under this section; and

3 (C) suggest changes or improvements to be

4 made in the programs.

5 (j) REGULATIONS.—Not later than 90 days after the

6 date of enactment of this Act, the Secretary of Health and

7 Human Services shall publish in the Federal Register pro8 posed regulations implementing this section. Not later

9 than 180 days after the date of enactment of this Act,

10 the Secretary of Health and Human Services shall publish

11 in the Federal Register final regulations implementing this

12 section.

13 (k) DEFINITIONS.—

14 (1) ELEMENTARY SCHOOL; SECONDARY

15 SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec16 ondary school’’ have the meanings given the terms

17 in section 14101 of the Elementary and Secondary

18 Education Act of 1965 (20 U.S.C. 8801).

19 (2) INSTITUTION OF HIGHER EDUCATION.—The

20 term ‘‘institution of higher education’’ has the

21 meaning given the term in section 1201 of the High22 er Education Act of 1965 (20 U.S.C. 1141).

23 (l) AUTHORIZATION OF APPROPRIATIONS.—

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

25 appropriated to carry out this section (other than
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1 subsection (d)(1)(D) and subparagraphs (A) and (B)

2 of subsection (i)(2))—

3 (A) $2,700,000 for fiscal year 2000; and

4 (B) $2,700,000 for fiscal year 2001.

5 (2) COLLEGIATE PROGRAMS; REPORT.—There

6 is authorized to be appropriated from the Violent

7 Crime Reduction Trust Fund established under sec8 tion 310001 of the Violent Crime Control and Law

9 Enforcement Act of 1994 (42 U.S.C. 14211) to

10 carry out subsection (d)(1)(D) and subparagraphs

11 (A) and (B) of subsection (i)(2) $400,000 for fiscal

12 year 2001.

13 (3) AVAILABILITY.—Amounts appropriated

14 under this subsection shall remain available until the

15 earlier of—

16 (A) the date on which those amounts are

17 expended; or

18 (B) December 31, 2001.

19 SEC. 405. EDUCATION AND TRAINING TO END VIOLENCE

20 AGAINST AND ABUSE OF WOMEN WITH DIS21 ABILITIES.

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

23 grants to States and nongovernmental private entities to

24 provide education and technical assistance for the purpose

25 of providing training, consultation, and information on vi-
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1 olence, abuse, and sexual assault against women who are

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

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

4 12102)).

5 (b) PRIORITIES.—In making grants under this sec6 tion, the Attorney General shall give priority to applica7 tions designed to provide education and technical assist8 ance on—

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

10 violence, abuse, and sexual assault experienced by

11 women who are individuals with disabilities;

12 (2) outreach activities to ensure that women

13 who are individuals with disabilities who are victims

14 of violence, abuse, and sexual assault receive appro15 priate assistance;

16 (3) the requirements of shelters and victim

17 services organizations under Federal anti-discrimina18 tion laws, including the Americans with Disabilities

19 Act of 1990 and section 504 of the Rehabilitation

20 Act of 1973; and

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

22 services may accommodate the needs of individuals

23 with disabilities in accordance with the Americans

24 with Disabilities Act of 1990.
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1 (c) USES OF GRANTS.—Each recipient of a grant

2 under this section shall provide information and training

3 to organizations and programs that provide services to in4 dividuals with disabilities, including independent living

5 centers, disability-related service organizations, and do6 mestic violence programs providing shelter or related as7 sistance.

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated from the Violent Crime Re10 duction Trust Fund established under section 310001 of

11 the Violent Crime Control and Law Enforcement Act of

12 1994 (42 U.S.C. 14211) to carry out this section—

13 (1) $4,000,000 for fiscal year 2000;

14 (2) $5,000,000 for fiscal year 2001; and

15 (3) $6,000,000 for fiscal year 2002.

16 SEC. 406. COMMUNITY INITIATIVES.

17 Section 318 of the Family Violence Prevention and

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

19 (1) in subsection (b)(2)—

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

21 ‘‘and’’ at the end;

22 (B) by redesignating subparagraph (H) as

23 subparagraph (I); and

24 (C) by inserting after subparagraph (G)

25 the following:
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1 ‘‘(H) groups that provide services to or ad2 vocacy on behalf of individuals with disabilities

3 (as defined in section 3 of the Americans with

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

5 and’’; and

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

7 following:

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

9 are authorized to be appropriated from the Violent Crime

10 Reduction Trust Fund established under section 310001

11 of the Violent Crime Control and Law Enforcement Act

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

13 ‘‘(1) $5,000,000 for fiscal year 2000;

14 ‘‘(2) $6,000,000 for fiscal year 2001; and

15 ‘‘(3) $7,000,000 for fiscal year 2002.’’.

16 SEC. 407. NATIONAL COMMISSION ON STANDARDS OF

17 PRACTICE AND TRAINING FOR SEXUAL AS18 SAULT EXAMINATIONS.

19 (a) IN GENERAL.—The Attorney General shall estab20 lish a multidisciplinary, multiagency national commission,

21 which shall—

22 (1) evaluate standards of training and practice

23 for licensed health care professionals performing sex24 ual assault forensic examinations and develop a na25 tional recommended standard for training;
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1 (2) recommend minimum sexual assault foren2 sic examination training for all health care students

3 to improve the recognition of injuries suggestive of

4 rape and sexual assault and baseline knowledge of

5 appropriate referrals in victim treatment and evi6 dence collection;

7 (3) review national, State, and local protocols

8 on sexual assault for forensic examinations, and

9 based on the review, develop a recommended na10 tional protocol, and establish a mechanism for na11 tionwide dissemination; and

12 (4) study and evaluate State procedures for

13 payment of forensic examinations for victims of sex14 ual assault and establish a recommended Federal

15 protocol for the payment of forensic examinations.

16 (b) MEMBERSHIP.—The members of the national

17 commission established under this section shall be ap18 pointed by the Attorney General from among individuals

19 who are experts in the prevention and treatment of rape

20 and sexual assault, including—

21 (1) individuals employed in the fields of victim

22 services, criminal justice, forensic nursing, forensic

23 science, emergency room medicine, law, and social

24 services; and
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1 (2) individuals who are experts in the preven2 tion and treatment of sex crimes in ethnic, social,

3 and language minority communities, as well as rural,

4 disabled, and other underserved communities.

5 (c) REPORT.—Not later than 1 year after the date

6 of enactment of this Act, the Attorney General shall sub7 mit a report to Congress on the findings of the commission

8 established under subsection (a).

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated from the Violent Crime Re11 duction Trust Fund established under section 310001 of

12 the Violent Crime Control and Law Enforcement Act of

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

14 $200,000 for fiscal year 2000.

15 SEC. 408. NATIONAL WORKPLACE CLEARINGHOUSE ON VIO16 LENCE AGAINST WOMEN.

17 (a) AUTHORITY.—The Attorney General may make

18 a grant in accordance with this section to a private, non19 profit entity that meets the requirements of subsection (b)

20 to establish and operate a national clearinghouse and re21 source center to provide information and assistance to em22 ployers and labor organizations on appropriate workplace

23 responses to domestic violence and sexual assault.
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1 (b) GRANTEES.—Each applicant for a grant under

2 this section shall submit to the Attorney General an appli3 cation, which shall—

4 (1) demonstrate that the applicant—

5 (A) has a nationally recognized expertise in

6 the area of domestic violence and sexual assault

7 and a record of commitment and quality re8 sponses to reduce domestic violence and sexual

9 assault; and

10 (B) will provide matching funds from non11 Federal sources in an amount equal to not less

12 than 10 percent of the total amount of the

13 grant under this section; and

14 (2) include a plan to conduct outreach to en15 courage employers (including small and large busi16 nesses, as well as public entities such as universities,

17 and State and local governments) to develop and im18 plement appropriate responses to assist employees

19 who are victims of domestic violence or sexual as20 sault.

21 (c) USE OF GRANT AMOUNT.—A grant under this

22 section may be used for salaries, travel expenses, equip23 ment, printing, and other reasonable expenses necessary

24 to assemble, maintain, and disseminate to employers and

25 labor organizations information on appropriate responses
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1 to domestic violence and sexual assault, including costs as2 sociated with such activities as—

3 (1) developing and disseminating model proto4 cols and workplace policies;

5 (2) developing and disseminating models for

6 employer and union sponsored victims’ services;

7 (3) developing and disseminating training vid8 eos and model curricula to promote better under9 standings of workplace issues surrounding domestic

10 violence; and

11 (4) planning and conducting conferences and

12 other educational opportunities.

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated from the Violent Crime Re15 duction Trust Fund established under section 310001 of

16 the Violent Crime Control and Law Enforcement Act of

17 1994 (42 U.S.C. 14211) to carry out this section

18 $1,000,000 for each of fiscal years 2000 through 2002.

19 SEC. 409. STRENGTHENING RESEARCH TO COMBAT VIO20 LENCE AGAINST WOMEN.

21 Chapter 9 of subtitle B of the Violence Against

22 Women Act of 1994 (42 U.S.C. 13961 et seq.) is amended

23 by adding at the end the following:
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1 ‘‘SEC. 40294. RESEARCH TO COMBAT VIOLENCE AGAINST

2 WOMEN.

3 ‘‘(a) EDUCATION, PREVENTION, AND INTERVENTION

4 RESEARCH GRANTS.—

5 ‘‘(1) PURPOSES.—The Secretary of Health and

6 Human Services and the Attorney General shall

7 make grants to entities, including domestic violence

8 and sexual assault organizations, research organiza9 tions, and academic institutions, to support research

10 and evaluation of education, prevention, and inter11 vention programs on violent behavior against women.

12 ‘‘(2) USE OF FUNDS.—The research conducted

13 under this section shall include—

14 ‘‘(A) longitudinal research to study the de15 velopmental trajectory of violent behavior

16 against women and the manner in which that

17 violence differs from other violent behaviors;

18 ‘‘(B) the examination of risk factors for

19 sexual and intimate partner violence for victims

20 and perpetrators, such as poverty, childhood

21 victimization and other traumas;

22 ‘‘(C) the examination of short- and long23 term efforts of programs designed to prevent

24 sexual and intimate partner violence;
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1 ‘‘(D) outcome evaluations of interventions

2 and school curriculum targeted at children and

3 teenagers;

4 ‘‘(E) the examination and documentation

5 of the processes and informal strategies women

6 experience in attempting to manage and stop

7 the violence in their lives; and

8 ‘‘(F) the development, testing, and evalua9 tion of the economic and health benefits of ef10 fective methods of domestic violence screening

11 and prevention programs at all points of entry

12 into the health care system, including mental

13 health, emergency medicine, obstetrics, gyne14 cology, and primary care, and an assessment of

15 the costs of domestic violence to the health care

16 system.

17 ‘‘(b) ADDRESSING GAPS IN RESEARCH.—

18 ‘‘(1) PURPOSES.—The Secretary of Health and

19 Human Services and the Attorney General shall

20 make grants to domestic violence and sexual assault

21 organizations, research organizations, and academic

22 institutions in order to address gaps in research and

23 knowledge about violence against women, including

24 violence against women in underserved communities.
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1 ‘‘(2) USES OF FUNDS.—The research conducted

2 with grants made under this subsection shall

3 include—

4 ‘‘(A) the development of national- and

5 community-level survey studies to measure the

6 incidence and prevalence of violence against

7 women in underserved populations and the

8 terms women use to describe their experiences

9 of violence;

10 ‘‘(B) qualitative and quantitative research

11 to understand the manner in which factors that

12 shape the context and experience of violence in

13 women’s lives, as well as the education, preven14 tion, and intervention strategies available to

15 women (including minors);

16 ‘‘(C) a study of violence against women as

17 a risk factor for diseases from a multivariate

18 perspective;

19 ‘‘(D) an examination of the prevalence and

20 dynamics of emotional and psychological abuse,

21 the effects on women of such abuse, and the

22 education, prevention, and intervention strate23 gies that are available to address this type of

24 abuse;
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1 ‘‘(E) an examination of the need for and

2 availability of legal assistance and services for

3 victims of sexual assault; and

4 ‘‘(F) the use of nonjudicial alternative dis5 pute resolution (such as mediation, negotiation,

6 conciliation, and restorative justice models) in

7 cases in which domestic violence is a factor,

8 comparing nonjudicial alternative dispute reso9 lution and traditional judicial methods based

10 upon the quality of representation of the victim,

11 the training of mediators or other facilitators,

12 the satisfaction of the parties, the outcome of

13 the proceedings, and such other factors as may

14 be identified; and

15 ‘‘(G) an examination of effective models to

16 address domestic violence in child protective

17 services and child welfare agencies, including—

18 ‘‘(i) documenting the scope of the

19 problem;

20 ‘‘(ii) identifying the risk of harm per21 petrators of domestic violence pose to chil22 dren and to parents who are victims of do23 mestic violence; and

24 ‘‘(iii) examining effective models to

25 address domestic violence in the context of
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1 child welfare and child protection that pro2 tect children while protecting parents who

3 are victims of domestic violence.

4 ‘‘(c) SENTENCING COMMISSION STUDY.—Not later

5 than 1 year after the date of enactment of this section,

6 the United States Sentencing Commission shall submit to

7 Congress a report on—

8 ‘‘(1) sentences given to offenders incarcerated

9 in Federal and State prisons for homicides or as10 saults in which the victim was a spouse, former

11 spouse, or intimate partner of the offender;

12 ‘‘(2) the effect of illicit drugs and alcohol on do13 mestic violence and the sentences imposed for of14 fenses involving illicit drugs and alcohol in which do15 mestic violence occurred;

16 ‘‘(3) the extent to which acts of domestic vio17 lence committed against the offender, including coer18 cion, may have contributed to the commission of an

19 offense;

20 ‘‘(4) an analysis delineated by race, gender,

21 type of offense, and any other categories that would

22 be useful for understanding the problem of domestic

23 violence; and

24 ‘‘(5) recommendations with respect to the of25 fenses described in this subsection, including any
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1 basis for a downward adjustment in any applicable

2 Federal sentencing guidelines determination.

3 ‘‘(d) RESEARCH ON PREGNANCY AND SEXUAL AS4 SAULT.—

5 ‘‘(1) PURPOSES.—The Secretary of Health and

6 Human Services and the Attorney General shall

7 make grants to nonprofit entities, including sexual

8 assault organizations, research organizations, and

9 academic institutions, in order to gather qualitative

10 and quantitative data on the experiences of minors

11 and adults who become pregnant as a result of sex12 ual assault within State health care, judicial, and so13 cial services systems.

14 ‘‘(2) USE OF AMOUNTS.—The research con15 ducted with grants made under this subsection shall

16 include—

17 ‘‘(A) the incidence and prevalence of preg18 nancy resulting from sexual assault, including

19 the ages of the victim and perpetrator, and any

20 relationship between the perpetrator and the

21 victim (such as family, acquaintance, intimate

22 partner, spouse, household member, etc.);

23 ‘‘(B) the degree to which State adoption,

24 child custody, visitation, child support, parental

25 termination, and child welfare criminal justice
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1 laws and policies serve the needs of women (in2 cluding minors) who become pregnant as a re3 sult of sexual assault;

4 ‘‘(C) the impact of State social services

5 rules, policies, and procedures on women (in6 cluding minors) who become pregnant as a re7 sult of sexual assault and on those children

8 born as a result of the sexual assault;

9 ‘‘(D) the availability of public and private

10 legal, medical, and mental health counseling, fi11 nancial, and other forms of assistance to women

12 (including minors) who become pregnant as a

13 result of sexual assault, and to the children

14 born as a result of the sexual assault, including

15 the extent to which barriers exist in accessing

16 that assistance; and

17 ‘‘(E) recommendations for improvements

18 in State health care, judicial, and social services

19 systems to address the needs of women (includ20 ing minors) who become pregnant as a result of

21 sexual assault and of the children born as a re22 sult of the sexual assault.

23 ‘‘(e) STATUS REPORT ON LAWS REGARDING RAPE

24 AND SEXUAL ASSAULT OFFENSES.—
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1 ‘‘(1) STUDY.—The Attorney General, in con2 sultation with national, State, and local domestic vi3 olence and sexual assault coalitions and programs,

4 including, nationally recognized experts on sexual as5 sault, such as from the judiciary, the legal profes6 sion, psychological associations, and sex offender

7 treatment providers, shall conduct a national study

8 to examine the status of the law with respect to rape

9 and sexual assault offenses and the effectiveness of

10 the implementation of laws in addressing such

11 crimes and protecting their victims. In carrying out

12 this subsection, the Attorney General may utilize the

13 Bureau of Justice Statistics, the National Institute

14 of Justice, and the Office for Victims of Crime, or

15 any other appropriate component of the Department

16 of Justice.

17 ‘‘(2) REPORT.—Not later than 1 year after the

18 date of enactment of this section, the Attorney Gen19 eral shall submit to Congress a report on the find20 ings of the study under paragraph (1), which shall

21 include—

22 ‘‘(A) an analysis of the degree of uniform23 ity among the States with respect to rape and

24 sexual assault laws (including sex offenses com-
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1 mitted against children), including the degree of

2 uniformity among States with respect to—

3 ‘‘(i) definitions of rape and sexual as4 sault, including any marital rape exception

5 and any other exception or downgrading of

6 offense;

7 ‘‘(ii) the element of consent and coer8 cive conduct, including deceit;

9 ‘‘(iii) the element of physical resist10 ance and affirmative nonconsent as a pre11 condition for conviction;

12 ‘‘(iv) the element of force, including

13 penetration requirement as aggravating

14 factor and use of coercion;

15 ‘‘(v) evidentiary matters—

16 ‘‘(I) inferences—timeliness of

17 complaint under the Model Penal

18 Code;

19 ‘‘(II) post traumatic stress dis20 order (including rape trauma syn21 drome) relevancy of scope and admis22 sibility;

23 ‘‘(III) rape shield laws—in cam24 era evidentiary determinations;

25 ‘‘(IV) prior bad acts; and
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1 ‘‘(V) corroboration requirement

2 and cautionary jury instructions;

3 ‘‘(vi) the existence of special rules for

4 rape and sexual assault offenses;

5 ‘‘(vii) the use of experts;

6 ‘‘(viii) sentencing—

7 ‘‘(I) plea bargains;

8 ‘‘(II) presentence reports;

9 ‘‘(III) recidivism and remorse;

10 ‘‘(IV) adolescents;

11 ‘‘(V) psychological injuries;

12 ‘‘(VI) gravity of crime and trau13 ma to victim; and

14 ‘‘(VII) race; and

15 ‘‘(ix) any personal or professional re16 lationship between the perpetrator and the

17 victim; and

18 ‘‘(B) any recommendations of the Attorney

19 General for reforms to foster uniformity among

20 the States in addressing rape and sexual as21 sault offenses in order to protect victims more

22 effectively while safeguarding the due process

23 rights of the accused.

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

25 is authorized to be appropriated from the Violent Crime
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1 Reduction Trust Fund established under section 310001

2 of the Violent Crime Control and Law Enforcement Act

3 of 1994 (42 U.S.C. 14211)—

4 ‘‘(1) to carry out subsection (a), $3,000,000 for

5 each of fiscal years 2000 and 2001;

6 ‘‘(2) to carry out subsection (b), $2,100,000 for

7 each of fiscal years 2000 and 2001;

8 ‘‘(3) to carry out subsection (c), $200,000 for

9 fiscal year 2000;

10 ‘‘(4) to carry out subsection (d), $500,000 for

11 fiscal year 2000; and

12 ‘‘(5) to carry out subsection (e), $200,000 for

13 fiscal year 2000.’’.

14 TITLE V—EXTENSION OF VIO15 LENT CRIME REDUCTION

16 TRUST FUND

17 SEC. 501. EXTENSION.

18 (a) IN GENERAL.—Section 310001(b) of the Violent

19 Crime Control and Law Enforcement Act of 1994 (42

20 U.S.C. 14211(b)) is amended—

21 (1) in paragraph (5), by striking ‘‘and’’ at the

22 end;

23 (2) in paragraph (6), by striking the period at

24 the end and inserting a semicolon; and

25 (3) by adding at the end the following:
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1 ‘‘(7) for fiscal year 2001, $4,400,000,000; and

2 ‘‘(8) for fiscal year 2002, $4,500,000,000.’’.

3 (b) CONFORMING DISCRETIONARY SPENDING CAP

4 REDUCTION.—Upon enactment of this Act, the discre5 tionary spending limits for fiscal years 2001 and 2002 set

6 forth in section 251(c) of the Balanced Budget and Emer7 gency Deficit Control Act of 1985 (2 U.S.C. 901(c)) are

8 reduced as follows:

9 (1) For fiscal year 2001, $4,400,000,000 in

10 new budget authority and $5,981,000,000 in out11 lays.

12 (2) For fiscal year 2002, $4,500,000,000 in

13 new budget authority and $4,530,000,000 in out14 lays.

Æ