II

105TH CONGRESS

2D SESSION S. 2110

To reauthorize the Federal programs to prevent violence against women,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 21, 1998

Mr. BIDEN (for himself, Mr. SPECTER, Mrs. BOXER, Ms. SNOWE, Mrs. MURRAY, Ms. MOSELEY-BRAUN, Ms. MIKULSKI, Mr. LAUTENBERG, Mr.

WELLSTONE, Mr. DODD, Mr. KENNEDY, and Mr. DURBIN) 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. Grants to reduce violent crimes against women on campus.

Sec. 107. Violence against women in the military system.

Sec. 108. Hate crimes prevention.

Sec. 109. Reauthorization of rural domestic violence and child abuse enforcement grants.

Sec. 110. National stalker and domestic violence reduction.

Sec. 111. Amendments to domestic violence and stalking offenses.

TITLE II—STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec. 201. Legal assistance and attorney volunteers.

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, and courts to facilitate the widespread,
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1 including interstate, enforcement of protection or2 ders.’’; and

3 (3) in section 2102—

4 (A) in subsection (b)—

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

6 ‘‘and’’ at the end;

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

8 period at the end and inserting ‘‘, includ9 ing the enforcement of protection orders

10 from other States and jurisdictions;’’; and

11 (iii) by adding at the end the follow12 ing:

13 ‘‘(3) have established cooperative agreements

14 with neighboring jurisdictions to facilitate the en15 forcement of protection orders from other States and

16 jurisdictions; and

17 ‘‘(4) will use the grant to develop and install

18 data collection and communication systems, includ19 ing computerized systems, linking police, prosecu20 tors, and courts for the purpose of identifying and

21 tracking protection orders and violations of protec22 tion orders.’’; and

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

24 ‘‘(c) DISSEMINATION OF INFORMATION.—The Attor25 ney General shall annually compile and broadly dissemi-
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1 nate (including through electronic publication) informa2 tion about successful data collection and communication

3 systems that meet the purposes described in subsection

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

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

6 government.’’.

7 (b) CUSTODY AND PROTECTION ORDERS.—Chapter

8 110A of title 18, United States Code, is amended—

9 (1) in section 2265, by adding at the end the

10 following:

11 ‘‘(d) REGISTRATION.—Nothing in this section shall

12 be construed to—

13 ‘‘(1) require prior filing or registration of a pro14 tection order in the enforcing State in order to se15 cure enforcement pursuant to subsection (a); or

16 ‘‘(2) permit a State to notify the party against

17 whom the order has been made that a protection

18 order has been registered or filed in that State.

19 ‘‘(e) NOTICE.—Nothing in this section shall be con20 strued to require notification of the party against whom

21 an order is made in order to secure enforcement of that

22 order by a law enforcement officer pursuant to subsection

23 (a).’’; and

24 (2) in section 2266—
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1 (A) by designating the first 6 undesignated

2 paragraphs as paragraphs (1) through (6), re3 spectively; and

4 (B) in paragraph (3), as so designated—

5 (i) by inserting ‘‘issued pursuant to

6 State divorce and child custody laws’’ after

7 ‘‘custody orders’’; and

8 (ii) by adding ‘‘Custody and visitation

9 provisions in protection orders are subject

10 to this chapter.’’ at the end.

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

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

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

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

15 OF PROTECTION ORDERS’’ at the end.

16 SEC. 102. ROLE OF COURTS.

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

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

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

20 (1) in section 2001—

21 (A) in subsection (a)—

22 (i) by inserting ‘‘State and local

23 courts,’’ after ‘‘States,’’; and

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

25 ‘‘Indian tribal governments,’’; and
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1 (B) in subsection (b)—

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

3 by inserting ‘‘, judges and other court per4 sonnel,’’ after ‘‘law enforcement officers’’;

5 and

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

7 court,’’ after ‘‘police’’; and

8 (2) in section 2002—

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

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

11 place it appears;

12 (B) in subsection (c), by striking para13 graph (3) and inserting the following:

14 ‘‘(3) of the amount granted—

15 ‘‘(A) not less than 25 percent shall be allo16 cated to police and prosecutors;

17 ‘‘(B) not less than 30 percent shall be allo18 cated to victim services; and

19 ‘‘(C) not less than 10 percent shall be allo20 cated for State and local courts; and’’; and

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

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

23 (b) REAUTHORIZATION OF STATE JUSTICE INSTI24 TUTE GRANTS.—Chapter 1 of subtitle D of the Violence
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1 Against Women Act of 1994 (42 U.S.C. 13991 et seq.)

2 is amended—

3 (1) in section 40412—

4 (A) in paragraph (6), by inserting ‘‘stereo5 typing of individuals with disabilities (as de6 fined in section 3 of the Americans with Dis7 abilities Act of 1990 (42 U.S.C. 12102)) who

8 are victims of rape, sexual assault, abuse, or vi9 olence,’’ before ‘‘racial stereotyping’’;

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

11 among individuals with disabilities (as defined

12 in section 3 of the Americans with Disabilities

13 Act of 1990 (42 U.S.C. 12102)),’’ after ‘‘socio14 economic groups,’’;

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

16 at the end;

17 (D) in paragraph (19), by striking the pe18 riod at the end and inserting a semicolon; and

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

20 ‘‘(20) domestic violence and child abuse in cus21 tody determinations and stereotypes regarding the

22 fitness of individuals with disabilities (as defined in

23 section 3 of the Americans with Disabilities Act of

24 1990 (42 U.S.C. 12102)) to retain custody of chil25 dren in domestic violence cases;
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1 ‘‘(21) promising practices in the vertical man2 agement of domestic violence offender cases; and

3 ‘‘(22) issues relating to violence against and

4 abuse of individuals with disabilities (as defined in

5 section 3 of the Americans with Disabilities Act of

6 1990 (42 U.S.C. 12102)), including the nature of

7 physical, mental, and communications disabilities,

8 the special vulnerability to violence of individuals

9 with disabilities, and the types of violence and abuse

10 experienced by individuals with disabilities.’’; and

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

12 and inserting the following:

13 ‘‘(a) IN GENERAL.—There is authorized to be appro14 priated from the Violent Crime Reduction Trust Fund es15 tablished under section 310001 of the Violent Crime Con16 trol and Law Enforcement Act of 1994 (42 U.S.C. 14211)

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

18 1999 through 2002.’’.

19 (c) FEDERAL JUDICIAL PERSONNEL.—In carrying

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

21 Federal Judicial Center, shall include in its educational

22 and training programs, including the training programs

23 for newly appointed judges, information on the topics list24 ed in section 40412 of the Equal Justice for Women in

25 the Courts Act (42 U.S.C. 13992) that pertain to issues
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1 within the jurisdiction of the Federal courts, and shall pre2 pare materials necessary to implement this section and the

3 amendments made by this section.

4 (d) GRANTS TO ENCOURAGE ARREST POLICIES.—

5 (1) ELIGIBLE GRANTEES; USE OF GRANTS FOR

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

7 the Omnibus Crime Control and Safe Streets Act of

8 1968 (42 U.S.C. 3796hh) is amended—

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

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

11 tribal governments,’’;

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

13 inserting ‘‘State and local courts,’’ after ‘‘In14 dian tribal governments’’; and

15 (C) in subsection (b)—

16 (i) in paragraph (2), by striking ‘‘poli17 cies and’’ and inserting ‘‘policies, edu18 cational programs, and’’; and

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

20 by inserting ‘‘parole and probation offi21 cers,’’ after ‘‘prosecutors,’’ each place that

22 term appears.

23 (2) ALLOTMENT FOR INDIAN TRIBES.—Section

24 2101 of the Omnibus Crime Control and Safe
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1 Streets Act of 1968 (42 U.S.C. 3796hh) is amended

2 by adding at the end the following:

3 ‘‘(d) ALLOTMENT FOR INDIAN TRIBES.—

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

5 the total amount made available for grants under

6 this section for each fiscal year shall be available for

7 grants to Indian tribal governments.

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

9 9 months after the first day of any fiscal year for

10 which amounts are made available under this sub11 section, any amount made available under this sub12 section remains unobligated, the unobligated amount

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

14 this subsection.’’.

15 SEC. 103. REAUTHORIZATION OF STOP GRANTS.

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

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

18 1968 (42 U.S.C. 3793(a)(18)) is amended to read as fol19 lows:

20 ‘‘(18) 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 T $185,000,000 for each of fiscal years 1999

25 through 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(7), by striking ‘‘physical’’.
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1 (d) REALLOTMENT OF FUNDS.—Section 2002(e) of

2 the Omnibus Crime Control and Safe Streets Act of 1968

3 (42 U.S.C. 3796gg–1(e)) is amended by adding at the end

4 the following:

5 ‘‘(3) REALLOTMENT OF FUNDS.—

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

7 after the last day of any fiscal year for which

8 amounts are made available under section

9 1001(a)(18), any amount made available re10 mains unobligated, the unobligated amount may

11 be allocated by a State to fulfill the purposes

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

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

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

15 shall promulgate guidelines to implement this

16 paragraph.’’.

17 (e) DEFINITIONS.—Section 2003(8) of the Omnibus

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

19 3796gg–2(8)) is amended—

20 (1) by striking ‘‘assisting domestic violence or

21 sexual assault victims through the legal process’’

22 and inserting ‘‘providing assistance for victims seek23 ing legal, social, or health care services’’; and

24 (2) by inserting before the period at the end the

25 following: ‘‘, except that the term does not include
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1 any program or activity that is targeted primarily

2 for offenders’’.

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

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

5 of section 202 of the Controlled Substances Act (21

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

7 controlled substances, the Attorney General shall by order

8 transfer flunitrazepam from schedule IV of such Act to

9 schedule I of such Act.

10 SEC. 105. REAUTHORIZATION OF GRANTS TO ENCOURAGE

11 ARREST POLICIES.

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

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

14 3793(a)(19)) is amended to read as follows:

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

16 the Violent Crime Reduction Trust Fund established

17 under section 310001 of the Violent Crime Control and

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

19 out part U $65,000,000 for each of fiscal years 1999

20 through 2002.’’.

21 SEC. 106. GRANTS TO REDUCE VIOLENT CRIMES AGAINST

22 WOMEN ON CAMPUS.

23 (a) IN GENERAL.—Title I of the Omnibus Crime

24 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

25 et seq.) is amended—
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1 (1) by redesignating part Z as part AA;

2 (2) by redesignating section 2601 as section

3 2701; and

4 (3) by inserting after part Y the following:

5 ‘‘PART Z—GRANTS TO COMBAT VIOLENT CRIMES

6 AGAINST WOMEN ON CAMPUSES

7 ‘‘SEC. 2601. PURPOSE OF THE PROGRAM AND GRANTS.

8 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

9 this part is to assist institutions of higher education in

10 bringing together college personnel, security, students,

11 and victim services to strengthen law enforcement strate12 gies in combating violent crimes against women on cam13 puses and to improve services to victims.

14 ‘‘(b) PURPOSES FOR WHICH GRANTS MAY BE

15 USED.—Grants under this part shall provide personnel,

16 training, technical assistance, data collection, and other

17 equipment for the more widespread investigation, appre18 hension, prosecution, and adjudication of persons commit19 ting violent crimes against women on campuses, and spe20 cifically, for the purposes of—

21 ‘‘(1) training campus administrators and cam22 pus security personnel to more effectively identify

23 and respond to violent crimes against women on

24 campus, including the crimes of sexual assault,

25 stalking, and domestic violence;
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1 ‘‘(2) developing and implementing more effec2 tive campus security and investigative policies, pro3 tocols, orders, and services specifically devoted to

4 preventing, identifying, and responding to violent

5 crimes against women on campus, including the

6 crimes of sexual assault, stalking, and domestic vio7 lence;

8 ‘‘(3) developing, enlarging, or strengthening vic9 tim services programs, for local campuses, including

10 sexual assault, stalking, and domestic violence pro11 grams;

12 ‘‘(4) developing or improving delivery of victim

13 services on campuses, including on-campus programs

14 that provide counseling, support, and victim advo15 cacy, whether or not organized and staffed by stu16 dents in coordination with community-based victim

17 services; and

18 ‘‘(5) supporting improved coordination between

19 campus administrators and campus security person20 nel, and local criminal justice authorities to reduce

21 violent crimes against women on campus.

22 ‘‘SEC. 2602. CAMPUS GRANTS.

23 ‘‘(a) IN GENERAL.—The Attorney General may make

24 grants to institutions of higher education in accordance

25 with this part, for use by campus personnel and student
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1 organizations, and nonprofit nongovernmental victim serv2 ices programs to assist campus administrators and cam3 pus security personnel (including employees, contractors,

4 and volunteers) to develop and strengthen—

5 ‘‘(1) effective security and investigation strate6 gies to combat violent crimes against women on

7 campuses, particularly sexual assault, stalking, and

8 domestic violence; and

9 ‘‘(2) victim services in cases involving violent

10 crimes against women on campuses, which may in11 clude partnerships with local criminal justice au12 thorities and community-based victims services agen13 cies.

14 ‘‘(b) APPLICATION REQUIREMENTS.—Each applica15 tion under this part shall meet the requirements of section

16 517 and shall include—

17 ‘‘(1) the certifications described in subsection

18 (c), including documentation from nonprofit, non19 governmental victim services programs, describing

20 their participation in developing the plan required by

21 subsection (c)(2); and

22 ‘‘(2) documentation from the institution and

23 from the victim services programs to be assisted,

24 demonstrating—

25 ‘‘(A) need for the grant funds;
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1 ‘‘(B) intended use of the grant funds;

2 ‘‘(C) expected results from the use of the

3 grant funds; and

4 ‘‘(D) characteristics of the population

5 being served, including number of students and

6 type of campus and demographic characteristics

7 of the population and documentation of services

8 to underserved populations.

9 ‘‘(c) CERTIFICATIONS.—The certifications described

10 in this subsection are certifications that the applicant

11 will—

12 ‘‘(1) use the grant amount under this part for

13 the purposes described in section 2601(b);

14 ‘‘(2) develop a plan for implementation, and

15 consult and coordinate with nonprofit, nongovern16 mental victim services programs, including sexual

17 assault and domestic violence victim services pro18 grams and State sexual assault and domestic vio19 lence coalitions;

20 ‘‘(3) of the total grant amount—

21 ‘‘(A) allocate not less than 20 percent to

22 campus security administrators;

23 ‘‘(B) allocate not less than 10 percent for

24 improved coordination as described in section

25 2601(b)(5); and
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1 ‘‘(C) allocate not less than 30 percent for

2 victims’ services programs; and

3 ‘‘(4) use any Federal funds received under this

4 part to supplement, not supplant, non-Federal funds

5 that would otherwise be available for activities fund6 ed under this part.

7 ‘‘(d) DISBURSEMENT.—

8 ‘‘(1) IN GENERAL.—Not later than 60 days

9 after the receipt of an application under this part,

10 the Attorney General shall—

11 ‘‘(A) make a grant in accordance with this

12 part to the applicant; or

13 ‘‘(B) inform the applicant of the reasons

14 that the application does not meet the require15 ments of section 517 or the requirements of

16 this section.

17 ‘‘(2) REGULATIONS.—In making grants under

18 this part, the Attorney General shall—

19 ‘‘(A) give priority to areas of varying geo20 graphic size with the greatest showing of need

21 based on the availability of established domestic

22 violence, stalking, and sexual assault programs

23 on the campuses to be served in relation to the

24 availability of such programs on other such

25 campuses;
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1 ‘‘(B) equitably distribute moneys on a geo2 graphic basis, including nonurban and rural

3 areas of various geographic sizes; and

4 ‘‘(C) recognize and address the needs of

5 underserved populations.

6 ‘‘(e) FEDERAL SHARE.—The Federal share of a

7 grant made under this part may not exceed 75 percent

8 of the total cost of the projects described in the application

9 submitted under this part.

10 ‘‘SEC. 2603. GENERAL TERMS AND CONDITIONS.

11 ‘‘(a) NONMONETARY ASSISTANCE.—In addition to

12 assistance provided under this part, the Attorney General

13 may request any Federal agency to use the authority and

14 resources of the agency (including personnel, equipment,

15 supplies, facilities, and managerial, technical, and advisory

16 services) in support of campus security and investigation

17 and victim service efforts.

18 ‘‘(b) REGULATIONS OR GUIDELINES.—

19 ‘‘(1) PROPOSED REGULATIONS.—Not later than

20 120 days after the date of enactment of this part,

21 the Attorney General shall publish proposed regula22 tions or guidelines implementing this part, including

23 a mechanism to make individual program evalua24 tions publicly available.
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1 ‘‘(2) FINAL REGULATIONS.—Not later than 180

2 days after the date of enactment of this part, the

3 Attorney General shall publish final regulations or

4 guidelines implementing this part.

5 ‘‘SEC. 2604. DEFINITIONS.

6 ‘‘In this part—

7 ‘‘(1) the terms ‘domestic violence’, ‘sexual as8 sault’, ‘underserved populations’, and ‘victim serv9 ices’ have the meaning given the terms in section

10 2003; and

11 ‘‘(2) the term ‘institutions of higher education’

12 has the meaning given the term in section 1201(a)

13 of the Higher Education Act of 1965 (20 U.S.C.

14 1141(a)).’’.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

16 1001 of the Omnibus Crime Control and Safe Streets Act

17 of 1968 (42 U.S.C. 3793), is amended—

18 (1) in paragraph (3), by striking ‘‘and X’’ and

19 inserting ‘‘X, and Z’’; and

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

21 ‘‘(24) There is authorized to be appropriated

22 from the Violent Crime Reduction Trust Fund es23 tablished under section 310001 of the Violent Crime

24 Control and Law Enforcement Act of 1994 (42
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1 U.S.C. 14211) to carry out part Z $10,000,000 for

2 each of fiscal years 1999 through 2002.’’.

3 SEC. 107. 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)).
25

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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
26

•S 2110 IS

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).
27

•S 2110 IS

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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•S 2110 IS

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:
29

•S 2110 IS

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 1059

17 (g)(2) of title 10, United States Code, is amended by strik18 ing ‘‘the Secretary may not resume such payments’’ and

19 inserting ‘‘the Secretary may, under circumstances deter20 mined extraordinary by the Secretary, resume such pay21 ments’’.

22 SEC. 108. HATE CRIMES PREVENTION.

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

24 crime’’ has the same meaning as in section 280003(a) of
30

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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
31

•S 2110 IS

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—
32

•S 2110 IS

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—
33

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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 1998, 1999, and 2000 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).
34

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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. 109. 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 $35,000,000 for each of fiscal years 1999 through

20 2002.’’.

21 (b) INDIAN TRIBES.—Section 40295(c) of the Vio22 lence Against Women Act of 1994 (42 U.S.C. 13971(c))

23 is amended by adding at the end the following:

24 ‘‘(3) ALLOTMENT FOR INDIAN TRIBES.—
35

•S 2110 IS

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 9 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. 110. 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 $3,000,000 for each of fiscal years 1999

24 through 2002.’’.
36

•S 2110 IS

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

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

3 14031 note) is amended by inserting ‘‘and implement’’

4 after ‘‘improve’’.

5 SEC. 111. AMENDMENTS TO DOMESTIC VIOLENCE AND

6 STALKING OFFENSES.

7 (a) INTERSTATE DOMESTIC VIOLENCE.—Section

8 2261(a) of title 18, United States Code, is amended to

9 read as follows:

10 ‘‘(a) OFFENSES.—

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

12 person who travels in interstate or foreign commerce

13 or to or from Indian country with the intent to in14 jure, harass, or intimidate a spouse or intimate part15 ner, and who, in the course of or as a result of such

16 travel, commits or attempts to commit a crime of vi17 olence against that spouse or intimate partner, shall

18 be punished as provided in subsection (b).

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

20 who causes a spouse or intimate partner to travel in

21 interstate or foreign commerce or to or from Indian

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

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

24 or travel, commits or attempts to commit a crime of
37

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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 that person’s immediate family (as

13 defined in section 115); or

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

16 commerce or to or from Indian country, and in the

17 course of or as a result of such travel engages in

18 conduct that places that person in reasonable fear of

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

20 or a member of that person’s immediate family (as

21 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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•S 2110 IS

1 ‘‘(a) OFFENSES.—

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

3 person who travels in interstate or foreign commerce

4 or to or from Indian country with the intent to en5 gage in conduct that violates the portion of a protec6 tion order that prohibits or provides protection

7 against violence, threats, or harassment against,

8 contact or communication with, or physical proxim9 ity to, another person, or that would violate such a

10 portion of a protection order in the jurisdiction in

11 which the order was issued, and subsequently en12 gages in such conduct, shall be punished as provided

13 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
39

•S 2110 IS

1 order was issued, shall be punished as provided in

2 subsection (b).’’.

3 (d) DEFINITIONS.—Section 2266 of title 18, United

4 States Code, is amended—

5 (1) by inserting after the first undesignated

6 paragraph the following:

7 ‘‘ ‘serious bodily injury’ has the meaning stated in

8 section 2119(2).’’; and

9 (2) by striking the final undesignated para10 graph and inserting the following:

11 ‘‘ ‘travel in interstate or foreign commerce’ does not

12 include travel from 1 State to another by an individ13 ual who is a member of an Indian tribe and who re14 mains at all times in the territory of the Indian tribe

15 of which the individual is a member.’’.

16 TITLE II—STRENGTHENING

17 SERVICES TO VICTIMS OF VI18 OLENCE

19 SEC. 201. LEGAL ASSISTANCE AND ATTORNEY VOLUN20 TEERS.

21 (a) GRANTS.—The Attorney General shall make

22 grants to public and private nonprofit entities—

23 (1) to implement, expand, and establish cooper24 ative efforts and projects between domestic violence

25 victim advocacy organizations and civil legal assist-
40

•S 2110 IS

1 ance providers to strengthen civil legal assistance for

2 victims of domestic violence; and

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

4 and projects to strengthen civil legal assistance for

5 victims of domestic violence by organizations with a

6 demonstrated history of responsive direct legal or

7 advocacy services on behalf of domestic violence vic8 tims.

9 (b) NATIONAL NETWORK OF ATTORNEYS TO ASSIST

10 VICTIMS OF VIOLENCE AGAINST WOMEN.—

11 (1) IN GENERAL.—The Attorney General shall,

12 either directly or through contracts or grants to, or

13 other arrangements with, legal service providers, do14 mestic violence programs, rape crisis centers, bar as15 sociations, and other such entities, establish, operate

16 and maintain a network of attorneys and lay advo17 cates to provide legal assistance and other guidance

18 to victims of domestic violence and sexual assault.

19 The network shall—

20 (A) facilitate the designation, appointment

21 or assignment of qualified providers of legal as22 sistance to victims of domestic violence and sex23 ual assault who are not otherwise represented

24 by counsel, and the referral of victims to those

25 providers;
41

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1 (B) identify qualified providers of legal as2 sistance who deliver services under a pro bono,

3 low cost, or sliding scale of arrangement to vic4 tims of domestic violence or sexual assault;

5 (C) coordinate with national, State, local,

6 and tribal networks of providers of legal assist7 ance; and

8 (D) coordinate with and use the national

9 domestic violence hotline established under sec10 tion 316 of the Family Violence Prevention and

11 Services Act, and other hotlines, programs, and

12 entities that provide for the identification and

13 referral for services of victims of domestic vio14 lence and sexual assault.

15 (2) DUTIES OF ATTORNEY GENERAL.—In car16 rying out paragraph (1), the Attorney General

17 shall—

18 (A) identify and recruit attorneys and

19 other providers of legal assistance to victims of

20 domestic violence and sexual assault, including

21 promoting the participation of the private bar

22 in pro bono or low-cost representation of and

23 assistance to victims of domestic violence and

24 sexual assault;
42

•S 2110 IS

1 (B) promote and provide appropriate train2 ing and technical assistance to providers of

3 legal assistance to victims of domestic violence

4 and sexual assault; and

5 (C) recognize the accomplishments and ef6 forts of network participants in the provision of

7 legal assistance to victims of domestic violence

8 and sexual assault.

9 (c) AUTHORIZATION OF APPROPRIATIONS.—

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

11 appropriated from the Violent Crime Reduction

12 Trust Fund established under section 310001 of the

13 Violent Crime Control and Law Enforcement Act of

14 1994 (42 U.S.C. 14211) to carry out this section,

15 $20,000,000 for each of fiscal years 1999 through

16 2002.

17 (2) AMOUNTS.—Of the amount made available

18 under this subsection for each fiscal year, not more

19 than $5,000,000 shall be used by the Attorney Gen20 eral for initiatives under subsection (b).

21 (3) NONSUPPLANTATION.—Amounts made

22 available under this subsection shall not be used to

23 supplant other Federal, State, and local public funds

24 expended for services of the type described in this

25 section.
43

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1 SEC. 202. SHELTERS FOR BATTERED WOMEN AND CHIL2 DREN.

3 (a) STATE SHELTER GRANTS; DIRECT EMERGENCY

4 ASSISTANCE.—Section 303 of the Family Violence Pre5 vention and Services Act (42 U.S.C. 10402) is amended—

6 (1) in subsection (a)(2)—

7 (A) by redesignating subparagraph (G) as

8 subparagraph (H); and

9 (B) by inserting after subparagraph (F)

10 the following:

11 ‘‘(G) provide documentation, including

12 memoranda of understanding, of the specific in13 volvement of the State domestic violence coali14 tion and other knowledgeable individuals and

15 interested organizations, in the development of

16 the application; and’’; and

17 (2) in subsection (c)—

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

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

20 (2), no funds provided’’; and

21 (B) by inserting after the period the fol22 lowing:

23 ‘‘(2) Not more than 1 percent of the funds appro24 priated to carry out this section and distributed under

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

26 assistance, such as transportation and housing assistance,
44

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

2 of such victims, who are in the process of fleeing an abu3 sive situation. Any entity that provides such assistance

4 shall annually prepare and submit to the Secretary a re5 port specifying, and describing the distribution of, funds

6 provided pursuant to this paragraph. The report shall not

7 contain information identifying an individual recipient of

8 such assistance.’’.

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

10 of the Family Violence Prevention and Services Act (42

11 U.S.C. 10403) is amended—

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

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

14 and inserting the following: ‘‘and available for grants

15 to States under this subsection for any fiscal year—

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

17 States Virgin Islands, the Commonwealth of the

18 Northern Mariana Islands, and the combined Freely

19 Associated States shall each be allotted not less than

1 20 ⁄8 of 1 percent of the amounts available for grants

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

22 the allotment is made; and

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

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

25 with the remaining funds to be allotted to each State
45

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1 in an amount that bears the same ratio to such re2 maining funds as the population of such State bears

3 to the population of all States.’’;

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

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

6 (3) in subsection (d)—

7 (A) by redesignating paragraph (2) as

8 paragraph (3);

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

10 following:

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

12 for which sums are appropriated under section 310—

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

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

15 not been distributed to Indian tribes and organiza16 tions described in section 303(b) in grants because

17 of the failure of 1 or more of the tribes or organiza18 tions to meet the requirements for such a grant, the

19 Secretary shall—

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

21 make grants under section 303(b) to Indian

22 tribes and organizations who meet the require23 ments; and
46

•S 2110 IS

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

2 original grants made to the tribes and organiza3 tions under section 303(b) for such year.’’; and

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

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

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

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

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

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

10 (c) SECRETARIAL RESPONSIBILITIES.—Section

11 305(a) of the Family Violence Prevention and Services Act

12 (42 U.S.C. 10404(a)) is amended—

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

14 or more employees’’;

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

16 this title, including carrying out evaluation and mon17 itoring under this title.’’; and

18 (3) by striking ‘‘individual’’ and inserting ‘‘indi19 viduals’’.

20 (d) RESOURCE CENTERS.—Section 308 of the Fam21 ily Violence Prevention and Services Act (42 U.S.C.

22 10407) is amended—

23 (1) in subsection (a)(2)—

24 (A) by striking the following:
47

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1 ‘‘(2) GRANTS.—From the amounts’’ and insert2 ing the following:

3 ‘‘(2) GRANTS.—

4 ‘‘(A) CENTERS.—From the amounts’’;

5 (B) by inserting ‘‘on providing informa6 tion, training, and technical assistance’’ after

7 ‘‘focusing’’; and

8 (C) by inserting after the period the follow9 ing:

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

11 the Secretary may award grants to private non12 profit organizations for information, training,

13 and technical assistance initiatives in the sub14 ject areas identified in subsection (c), if—

15 ‘‘(i) such initiatives do not duplicate

16 the activities of the entities operating the

17 special issue resource centers provided for

18 in subsection (c); and

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

20 such initiatives do not exceed the lesser of

21 $500,000 or 7 percent of the funds appro22 priated for making grants under this sec23 tion.’’; and

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

25 following:
48

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1 ‘‘(8) Providing technical assistance and training

2 to local entities carrying out domestic violence pro3 grams that provide shelter or related assistance.

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

5 and training, concerning family violence, within In6 dian tribes and Indian tribal agencies.

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

8 field of family violence that the Secretary may iden9 tify in consultation with advocates for local entities

10 carrying out domestic violence programs that provide

11 shelter or related assistance, State domestic violence

12 coalitions, and national domestic violence organiza13 tions.’’.

14 (e) REAUTHORIZATION.—Section 310(a) of the Fam15 ily Violence Prevention and Services Act (42 U.S.C.

16 10409(a)) is amended to read as follows:

17 ‘‘(a) IN GENERAL.—

18 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated to carry out

20 this title—

21 ‘‘(A) $120,000,000 for fiscal year 1999;

22 ‘‘(B) $150,000,000 for fiscal year 2000;

23 ‘‘(C) $175,000,000 for fiscal year 2001;

24 and

25 ‘‘(D) $175,000,000 for fiscal year 2002.
49

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1 ‘‘(2) SOURCE OF FUNDS.—Amounts made avail2 able under paragraph (1) may be appropriated from

3 the Violent Crime Reduction Trust Fund established

4 under section 310001 of the Violent Crime Control

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

6 14211).’’.

7 (f) LIMITATION ON FUNDS.—Section 310 of the

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

9 10409), as amended by subsection (e), is further amend10 ed—

11 (1) in subsection (b), by striking ‘‘under sub12 section 303(a)’’ and inserting ‘‘under section

13 303(a)’’;

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

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

16 (3) in subsection (d)—

17 (A) by striking the following:

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

19 amounts’’ and inserting the following:

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

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), of the amounts’’; and

23 (B) by inserting after the period the fol24 lowing:
50

•S 2110 IS

1 ‘‘(2) APPROPRIATIONS EXCEEDING

2 $110,000,000.—If the total amount appropriated

3 under subsection (a) for a fiscal year exceeds

4 $110,000,000, the Secretary shall use, for making

5 grants under section 311, not less than—

6 ‘‘(A) $11,000,000; plus

7 ‘‘(B) 8 percent of the amount appropriated

8 under such subsection for such fiscal year in ex9 cess of $110,000,000.’’;

10 (4) by redesignating subsection (e) as sub11 section (f); and

12 (5) by inserting after subsection (d) the follow13 ing:

14 ‘‘(e) EVALUATION, MONITORING, AND ADMINISTRA15 TION.—Of the amounts appropriated under subsection (a)

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

17 used by the Secretary for evaluation, monitoring, and ad18 ministrative costs under this title.’’.

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

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

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

22 ‘‘SEC. 319. NEEDS ASSESSMENT.

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

24 for the conduct of a nationwide needs assessment relating

25 to the programs carried out under this title.’’.
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1 (h) MODEL LEADERSHIP GRANTS FOR DOMESTIC VI2 OLENCE INTERVENTION IN UNDERSERVED COMMU3 NITIES.—

4 (1) IN GENERAL.—Title III of the Family Vio5 lence Prevention and Services Act (42 U.S.C. 10401

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

7 amended by adding at the end the following:

8 ‘‘SEC. 320. MODEL LEADERSHIP GRANTS FOR DOMESTIC VI9 OLENCE INTERVENTION IN UNDERSERVED

10 COMMUNITIES.

11 ‘‘(a) GRANTS.—

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

13 grants to develop and implement model community

14 intervention strategies to address family violence in

15 underserved populations (as such term is defined in

16 section 2003 of the Omnibus Crime Control and

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

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

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

20 not more than 10 State domestic violence coalitions

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

22 domestic violence programs providing shelter or re23 lated assistance.

24 ‘‘(3) PURPOSES.—Grants awarded under para25 graph (1) shall be used for—
52

•S 2110 IS

1 ‘‘(A) assessing the needs of underserved

2 populations in the State involved;

3 ‘‘(B) building collaborative relationships

4 between the grant recipients and community5 based organizations serving underserved popu6 lations; and

7 ‘‘(C) developing and implementing model

8 community intervention strategies to decrease

9 the incidence of family violence in underserved

10 populations.

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

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

13 than 3 years.

14 ‘‘(b) ELIGIBILITY.—

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

16 an initial year of funding through a grant awarded

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

18 ‘‘(A) submit to the Secretary an applica19 tion containing an acceptable plan for assessing

20 the needs of underserved populations for the

21 model community intervention strategies de22 scribed in subsection (a)(3)(C), and identifying

23 a specific population for development of such an

24 intervention strategy, in the first year of the

25 grant; and
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•S 2110 IS

1 ‘‘(B) demonstrate to the Secretary inclu2 sion of representatives from community-based

3 organizations in underserved communities in

4 planning and designing the needs assessment

5 under subparagraph (A).

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

7 for continued funding for not more than 2 additional

8 years through a grant awarded under subsection

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

10 shall submit to the Secretary an application contain11 ing—

12 ‘‘(A) a plan for implementing the interven13 tion strategy, and specifying the collaborative

14 relationships with community-based organiza15 tions serving the identified underserved popu16 lations to be supported under the grant; and

17 ‘‘(B) a plan for disseminating the interven18 tion strategy throughout the State and, at the

19 option of the recipient, to other States.

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

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

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

23 State domestic violence coalitions, and local entities

24 that carry out domestic violence programs, that sub-
54

•S 2110 IS

1 mit applications in collaboration with community2 based organizations serving underserved populations.

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

4 grants under subsection (a)(1) to coalitions and enti5 ties described in paragraph (1) in amounts of not

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

7 (2) AUTHORIZATION OF APPROPRIATIONS.—

8 Section 310 of the Family Violence Prevention and

9 Services Act (42 U.S.C. 10409), as amended by sub10 section (f), is further amended—

11 (A) by redesignating subsection (f) as sub12 section (g); and

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

14 following:

15 ‘‘(f) REDISTRIBUTION OF FUNDS AVAILABLE DUE

16 TO CERTAIN LIMITATIONS.—

17 ‘‘(1) APPROPRIATIONS EXCEEDING

18 $110,000,000.—Except as provided in paragraph (2),

19 if the total amount appropriated under subsection

20 (a) for a fiscal year exceeds $110,000,000, the Sec21 retary shall use not less than 2 percent of the

22 amount appropriated under such subsection for such

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

24 grants under section 303 or 320.
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1 ‘‘(2) APPROPRIATIONS EXCEEDING

2 $150,000,000.—If the total amount appropriated

3 under subsection (a) for a fiscal year exceeds

4 $150,000,000, the Secretary shall use not less than

5 7 percent of the amount appropriated under such

6 subsection for such fiscal year in excess of

7 $150,000,000 for making grants under section 303

8 or 320.’’.

9 (i) CONFORMING AMENDMENTS.—

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

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

12 10402(b)(2)) is amended, in the second sentence, by

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

14 (F), and (G)’’.

15 (2) Section 306 of the Family Violence Preven16 tion and Services Act (42 U.S.C. 10405) is amend17 ed, in the second sentence, by striking ‘‘section

18 303(a)(2)(B) through 303(a)(2)(F)’’ and inserting

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

20 303(a)(2)’’.

21 (3) Section 309(6) of the Family Violence Pre22 vention and Services Act (42 U.S.C. 10408(6)) is

23 amended by striking ‘‘the Virgin Islands, the North24 ern Mariana Islands, and the Trust Territory of the

25 Pacific Islands’’ and inserting ‘‘the United States
56

•S 2110 IS

1 Virgin Islands, the Commonwealth of the Northern

2 Mariana Islands, and the combined Freely Associ3 ated States’’.

4 (4) Section 311(c) of the Family Violence Pre5 vention and Services Act (42 U.S.C. 10410(c)) is

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

7 Northern Mariana Islands, and the Trust Territory

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

9 States Virgin Islands, the Commonwealth of the

10 Northern Mariana Islands, and the Freely Associ11 ated States’’.

12 SEC. 203. VICTIMS OF ABUSE INSURANCE PROTECTION.

13 (a) DEFINITIONS.—In this section—

14 (1) ABUSE.—The term ‘‘abuse’’ means the oc15 currence of 1 or more of the following acts by a cur16 rent or former household or family member, intimate

17 partner, or caretaker:

18 (A) Attempting to cause or causing an19 other person bodily injury, physical harm, sub20 stantial emotional distress, psychological trau21 ma, rape, sexual assault, or involuntary sexual

22 intercourse.

23 (B) Engaging in a course of conduct or re24 peatedly committing acts toward another per25 son, including following the person without
57

•S 2110 IS

1 proper authority and under circumstances that

2 place the person in reasonable fear of bodily in3 jury or physical harm.

4 (C) Subjecting another person to false im5 prisonment or kidnaping.

6 (D) Attempting to cause or causing dam7 age to property so as to intimidate or attempt

8 to control the behavior of another person.

9 (2) ADVERSE ACTION.—The term ‘‘adverse ac10 tion’’ means—

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

12 reissue, or canceling or otherwise terminating

13 an insurance policy or health benefit plan;

14 (B) restricting, excluding, or limiting in15 surance or health benefit plan coverage or deny16 ing or limiting payment of a claim incurred by

17 an insured, except as otherwise permitted or re18 quired by State laws relating to life insurance

19 beneficiaries; or

20 (C) adding a premium differential to any

21 insurance policy or health benefit plan.

22 (3) HEALTH BENEFIT PLAN.—The term

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

24 entity or program that provides for payments for

25 health care, including—
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•S 2110 IS

1 (A) a group health plan (as defined in sec2 tion 607 of the Employee Retirement Income

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

4 multiple employer welfare arrangement (as de5 fined in section 3(40) of such Act (29 U.S.C.

6 1102(40)) that provides health benefits;

7 (B) any arrangement consisting of a hos8 pital or medical expense incurred policy or cer9 tificate, hospital or medical service plan con10 tract, or health maintenance organization sub11 scriber contract;

12 (C) workers’ compensation or similar in13 surance to the extent that it relates to workers’

14 compensation medical benefits (as defined by

15 the Federal Trade Commission); and

16 (D) automobile medical insurance to the

17 extent that it relates to medical benefits (as de18 fined by the Federal Trade Commission).

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

23 health care services, including a sickness and acci24 dent insurance company, a health maintenance orga25 nization, a nonprofit hospital and health service cor-
59

•S 2110 IS

1 poration or any other entity providing a plan of

2 health insurance, health benefits, or health services.

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

4 insured’’ means a subject of abuse who—

5 (A) is insured under the same policy as the

6 abuser; and

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

8 and circumstances, the cause of any claim in9 curred or any claim that may incur.

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

11 party named on a policy, certificate, or health bene12 fit plan, including an individual, corporation, part13 nership, association, unincorporated organization, or

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

15 the benefits provided by the policy, certificate, or

16 health benefit plan, including (for purposes of group

17 insurance) a person who is a beneficiary covered by

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

19 and including (for purposes of life insurance) the

20 person whose life is covered under an insurance pol21 icy.

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

23 person, reciprocal exchange, interinsurer, Lloyds in24 surer, fraternal benefit society, or other legal entity

25 engaged in the business of insurance, including
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1 agents, brokers, adjusters, and third party adminis2 trators, and includes health benefit plans, health

3 carriers, and life, disability, and property and cas4 ualty insurers.

5 (8) PERSONAL IDENTIFYING INFORMATION.—

6 The term ‘‘personal identifying information’’ means

7 information that identifies an individual, including

8 an individual’s photograph, social security number,

9 driver identification number, name, address, tele10 phone number, place of employment, and medical,

11 disability, or abuse status.

12 (9) POLICY.—The term ‘‘policy’’ means a con13 tract of insurance, certificate, indemnity, suretyship,

14 or annuity issued, proposed for issuance, or intended

15 for issuance by an insurer, including endorsements

16 or riders to an insurance policy or contract.

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

18 of abuse’’ means a person—

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

20 directed;

21 (B) who has prior or current injuries, ill22 nesses, or disorders that resulted from abuse;

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

24 reason to seek medical or psychological treat-
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•S 2110 IS

1 ment for abuse or protection or shelter from

2 abuse; or

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

4 as a result of abuse.

5 (b) ACTS AGAINST SUBJECTS OF ABUSE.—

6 (1) DISCRIMINATORY ACTS PROHIBITED.—

7 (A) IN GENERAL.—No insurer may, di8 rectly or indirectly, take any adverse action

9 against an applicant or insured on the basis

10 that the applicant or insured, or any person

11 employed by the applicant or insured or with

12 whom the applicant or insured is known to have

13 a relationship or association is, has been, or

14 may be the subject of abuse.

15 (B) INNOCENT INSURED.—No insurer

16 may, directly or indirectly, take any adverse ac17 tion against an innocent insured.

18 (2) REASONS FOR ADVERSE ACTIONS.—An in19 surer that takes an adverse action against a known

20 subject of abuse shall advise the applicant or insured

21 of the specific reasons for the action in writing. Ref22 erence to general underwriting practices or guide23 lines shall not constitute a specific reason.

24 (3) USE OF INFORMATION.—
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1 (A) IN GENERAL.—Except as provided in

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

3 employee, or contractor thereof, shall not know4 ingly disclose or otherwise make available to

5 any person or entity personal identifying infor6 mation about a subject of abuse.

7 (B) EXCEPTION.—Personal identifying in8 formation referred to in subparagraph (A) may

9 be disclosed—

10 (i) with the informed, written consent

11 of the subject of abuse at the time the dis12 closure is sought;

13 (ii) if such information is necessary

14 for the provision of or the payment for

15 services provided by the insurer or is inci16 dent to the ordinary course of business of

17 the insurer; or

18 (iii) to a law enforcement agency pur19 suant to a warrant issued under the Fed20 eral Rules of Criminal Procedure, an

21 equivalent State warrant, a grand jury

22 subpoena, or a court order.

23 (C) RULE OF CONSTRUCTION.—Nothing in

24 subparagraph (B) shall be construed to permit

25 an insurer to disclose personal identifying infor-
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1 mation about a subject of abuse to a current or

2 former household or family member, intimate

3 partner, or caretaker of the subject of abuse.

4 (c) ENFORCEMENT.—

5 (1) FEDERAL TRADE COMMISSION.—

6 (A) IN GENERAL.—The Federal Trade

7 Commission shall have the power to examine

8 and investigate any insurer to determine wheth9 er such insurer has been, or is, in violation of

10 subsection (b) if the violation involved is not

11 prohibited under other Federal or State law or

12 is prohibited under State law but in the opinion

13 of the Commission is not being enforced by the

14 State.

15 (B) REMEDIES.—If the Federal Trade

16 Commission determines that an insurer has

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

18 (i) in the case of a violation of Fed19 eral or State law, the Commission shall

20 transmit such information to the appro21 priate enforcement authority; and

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

23 not prohibited under other Federal or

24 State law, or is prohibited under State law

25 but in the opinion of the Commission is
64

•S 2110 IS

1 not being enforced by the State, the Com2 mission may take action against such in3 surer as if the insurer was in violation of

4 section 5 of the Federal Trade Commission

5 Act by issuing a cease and desist order,

6 which may include any individual relief

7 warranted under the circumstances, includ8 ing temporary, preliminary, and permanent

9 injunctive and compensatory relief.

10 (2) PRIVATE CAUSE OF ACTION.—

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

12 who believes that the applicant or insured has

13 been affected by a violation under subsection

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

15 a Federal or State court of original jurisdiction.

16 (B) REMEDIES.—In an action under sub17 paragraph (A), upon proof of conduct of a vio18 lation of subsection (b) by a preponderance of

19 the evidence, the court may award appropriate

20 relief, including—

21 (i) temporary, preliminary, and per22 manent injunctive relief;

23 (ii) actual damages, in an amount

24 that is not less than liquidated damages in

25 the amount of $5,000 per violation;
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•S 2110 IS

1 (iii) punitive damages;

2 (iv) reasonable attorneys’ fees and

3 other litigation costs reasonably incurred,

4 including the costs of expert witnesses; and

5 (v) such other preliminary and equi6 table relief as the court determines to be

7 appropriate.

8 (d) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed to prohibit a life insurer from de10 clining to issue a life insurance policy if the applicant or

11 prospective owner of the policy is or would be designated

12 as a beneficiary of the policy and if—

13 (1) the applicant or prospective owner of the

14 policy lacks an insurable interest in the insured; or

15 (2) the applicant or prospective owner of the

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

17 records, to have committed an act of abuse against

18 the proposed insured.

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

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

21 SEC. 204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

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

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

24 10416(f)(1)) is amended to read as follows:
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1 ‘‘(1) IN GENERAL.—There are authorized to be

2 appropriated from the Violent Crime Reduction

3 Trust Fund established under section 310001 of the

4 Violent Crime Control and Law Enforcement Act of

5 1994 (42 U.S.C. 14211) to carry out this section—

6 ‘‘(A) $1,600,000 for fiscal year 1999;

7 ‘‘(B) $1,800,000 for fiscal year 2000;

8 ‘‘(C) $2,000,000 for fiscal year 2001; and

9 ‘‘(D) $2,000,000 for fiscal year 2002.’’.

10 (b) REPORT BY GRANTEES.—Section 316 of the

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

12 10416) is amended by adding at the end the following:

13 ‘‘(g) REPORT BY GRANTEES.—

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

15 after the date of enactment of this subsection, each

16 recipient of a grant under this section shall prepare

17 and submit a report to the Secretary that evaluates

18 the effectiveness of the use of amounts received by

19 the recipient under this section and containing such

20 other information as the Secretary may prescribe.

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

22 renewing any grant under this section, the Secretary

23 shall publish in the Federal Register a copy of each

24 report submitted under this subsection and provide
67

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1 not less than 90 days for notice and opportunity for

2 public comment on the published report.’’.

3 SEC. 205. FEDERAL VICTIMS’ COUNSELORS.

4 Section 40114 of the Violent Crime Control and Law

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

6 1910)) is amended by striking ‘‘Columbia)—’’ and all that

7 follows before the period and inserting ‘‘Columbia)

8 $1,000,000 for each of fiscal years 1999 through 2002’’.

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

10 (a) ENTITLEMENT TO LEAVE FOR NON-FEDERAL

11 EMPLOYEES.—

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

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

14 amended by adding at the end the following:

15 ‘‘(14) ADDRESSING DOMESTIC VIOLENCE AND

16 ITS EFFECTS.—The term ‘addressing domestic vio17 lence and its effects’ means—

18 ‘‘(A) seeking medical attention for or re19 covering from injuries caused by domestic vio20 lence;

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

22 including communicating with the police or an

23 attorney, or participating in any legal proceed24 ing, related to domestic violence;
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1 ‘‘(C) obtaining psychological or other coun2 seling related to experiences of domestic vio3 lence;

4 ‘‘(D) participating in safety planning and

5 other actions to increase safety from future do6 mestic violence, including temporary or perma7 nent relocation;

8 ‘‘(E) an inability to attend or perform

9 work due to an incident of domestic violence,

10 including an act or threat of violence, stalking,

11 coercion, or harassment, occurring within the

12 previous 72 hours; and

13 ‘‘(F) participating in any other activity ne14 cessitated by domestic violence that must be un15 dertaken during the hours of employment in16 volved.

17 ‘‘(15) DOMESTIC VIOLENCE.—The term ‘domes18 tic violence’ has the meaning given such term in sec19 tion 2003 of the Omnibus Crime Control and Safe

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

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

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

23 2612) is amended—

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

25 end the following:
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•S 2110 IS

1 ‘‘(E) In order to care for the son, daugh2 ter, or parent of the employee, if such son,

3 daughter, or parent is addressing domestic vio4 lence and its effects.

5 ‘‘(F) Because the employee is addressing

6 domestic violence and its effects, which make

7 the employee unable to perform the functions of

8 the position of such employee.’’;

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

10 the following:

11 ‘‘(3) DOMESTIC VIOLENCE.—Leave under sub12 paragraph (E) or (F) of subsection (a)(1) may be

13 taken by an eligible employee intermittently or on a

14 reduced leave schedule. The taking of leave intermit15 tently or on a reduced leave schedule pursuant to

16 this paragraph shall not result in a reduction in the

17 total amount of leave to which the employee is enti18 tled under subsection (a) beyond the amount of leave

19 actually taken.’’;

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

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

22 (F)’’; and

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

24 (D)’’ and inserting ‘‘, (D), (E), or (F)’’.
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1 (3) CERTIFICATION.—Section 103 of the Fam2 ily and Medical Leave Act of 1993 (29 U.S.C. 2613)

3 is amended—

4 (A) in the title of the section, by inserting

5 before the period the following: ‘‘; confiden6 tiality’’; and

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

8 ‘‘(f) DOMESTIC VIOLENCE.—In determining if an em9 ployee meets the requirements of subparagraph (E) or (F)

10 of section 102(a)(1), the employer of an employee may re11 quire the employee to provide—

12 ‘‘(1) documentation of the domestic violence in13 volved, such as a police or court record, or docu14 mentation of the domestic violence from a shelter

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

16 or other professional from whom the employee has

17 sought assistance in addressing domestic violence

18 and its effects; or

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

20 statement from any other individual with knowledge

21 of the circumstances that provide the basis for the

22 claim of domestic violence, or physical evidence of

23 domestic violence, such as a photograph or torn or

24 bloody clothing.
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1 ‘‘(g) CONFIDENTIALITY.—All evidence provided to

2 the employer under subsection (f) of domestic violence ex3 perienced by an employee or the son, daughter, or parent

4 of an employee, including a statement of an employee, any

5 corroborating evidence, and the fact that an employee has

6 requested leave for the purpose of addressing, or caring

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

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

9 confidence by the employer, except to the extent that dis10 closure is consented to by the employee in a case in which

11 disclosure is necessary to protect the safety of the em12 ployee or a co-worker of the employee, or requested by

13 the employee to document domestic violence to a court or

14 agency.’’.

15 (b) ENTITLEMENT TO LEAVE FOR FEDERAL EM16 PLOYEES.—

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

18 United States Code, is amended—

19 (A) at the end of paragraph (5), by strik20 ing ‘‘and’’;

21 (B) in paragraph (6), by striking the pe22 riod and inserting ‘‘; and’’; and

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

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

25 its effects’ means—
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1 ‘‘(A) seeking medical attention for or re2 covering from injuries caused by domestic vio3 lence;

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

5 including communicating with the police or an

6 attorney, or participating in any legal proceed7 ing, related to domestic violence;

8 ‘‘(C) obtaining psychological or other coun9 seling related to experiences of domestic vio10 lence;

11 ‘‘(D) participating in safety planning and

12 other actions to increase safety from future do13 mestic violence, including temporary or perma14 nent relocation;

15 ‘‘(E) an inability to attend or perform

16 work due to an incident of domestic violence,

17 including an act or threat of violence, stalking,

18 coercion, or harassment, occurring within the

19 previous 72 hours; and

20 ‘‘(F) participating in any other activity ne21 cessitated by domestic violence that must be un22 dertaken during the hours of employment in23 volved.

24 ‘‘(15) DOMESTIC VIOLENCE.—The term ‘domes25 tic violence’ has the meaning given the term in sec-
73

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1 tion 2003 of title I of the Omnibus Crime Control

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

3 2).’’.

4 (2) LEAVE REQUIREMENT.—Section 6382 of

5 title 5, United States Code, is amended—

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

7 end the following:

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

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

10 parent is addressing domestic violence and its ef11 fects.

12 ‘‘(F) Because the employee is addressing do13 mestic violence and its effects, which make the em14 ployee unable to perform the functions of the posi15 tion of such employee.’’;

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

17 the following:

18 ‘‘(3) DOMESTIC VIOLENCE.—Leave under sub19 paragraph (E) or (F) of subsection (a)(1) may be

20 taken by an employee intermittently or on a reduced

21 leave schedule. The taking of leave intermittently or

22 on a reduced leave schedule pursuant to this para23 graph shall not result in a reduction in the total

24 amount of leave to which the employee is entitled
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•S 2110 IS

1 under subsection (a) beyond the amount of leave ac2 tually taken.’’;

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

4 (D)’’ and inserting ‘‘(C), (D), (E), or (F)’’; and

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

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

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

8 United States Code, is amended—

9 (A) in the title of the section, by adding at

10 the end the following: ‘‘; confidentiality’’;

11 and

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

13 ‘‘(f) In determining if an employee meets the require14 ments of subparagraph (E) or (F) of section 6382(a)(1),

15 the employing agency of an employee may require the em16 ployee to provide—

17 ‘‘(1) documentation of the domestic violence in18 volved, such as a police or court record, or docu19 mentation of the domestic violence from a shelter

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

21 or other professional from whom the employee has

22 sought assistance in addressing domestic violence

23 and its effects; or

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

25 statement from any other individual with knowledge
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1 of the circumstances that provide the basis for the

2 claim of domestic violence, or physical evidence of

3 domestic violence, such as a photograph or torn or

4 bloody clothing.

5 ‘‘(g) All evidence provided to the employing agency

6 under subsection (f) of domestic violence experienced by

7 an employee or the son, daughter, or parent of an em8 ployee, including a statement of an employee, any corrobo9 rating evidence, and the fact that an employee has re10 quested leave for the purpose of addressing, or caring for

11 a son, daughter, or parent who is addressing, domestic vio12 lence and its effects, shall be retained in the strictest con13 fidence by the employing agency, except to the extent that

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

15 which disclosure is necessary to protect the safety of the

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

17 the employee to document domestic violence to a court or

18 agency.’’.

19 (c) EFFECT ON OTHER LAWS AND EMPLOYMENT

20 BENEFITS.—

21 (1) MORE PROTECTIVE LAWS, AGREEMENTS,

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

23 the amendments made by this section shall be con24 strued to supersede any provision of any Federal,

25 State, or local law, collective bargaining agreement,
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1 or other employment benefit program or plan that

2 provides greater leave benefits for employed victims

3 of domestic violence than the rights established

4 under this section or such amendments.

5 (2) LESS PROTECTIVE LAWS, AGREEMENTS,

6 PROGRAMS, AND PLANS.—The rights established for

7 employees under this section or the amendments

8 made by this section shall not be diminished by any

9 State or local law, collective bargaining agreement,

10 or employment benefit program or plan.

11 (d) EFFECTIVE DATE.—This section and the amend12 ments made by this section shall take effect on the date

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

14 SEC. 207. ENSURING UNEMPLOYMENT COMPENSATION.

15 (a) UNEMPLOYMENT COMPENSATION.—Section 3304

16 of the Internal Revenue Code of 1986 is amended—

17 (1) in subsection (a)—

18 (A) by striking ‘‘and’’ at the end of para19 graph (18);

20 (B) by redesignating paragraph (19) as

21 paragraph (20); and

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

23 following:

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

25 individual is separated from employment due to cir-
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1 cumstances directly resulting from the individual’s

2 experience of domestic violence; and’’; and

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

4 ‘‘(g) CONSTRUCTION.—

5 ‘‘(1) IN GENERAL.—For purposes of subsection

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

7 shall be treated as due to circumstances directly re8 sulting from the individual’s experience of domestic

9 violence if the separation resulted from—

10 ‘‘(A) the employee’s reasonable fear of fu11 ture domestic violence at or en route to or from

12 the employee’s place of employment;

13 ‘‘(B) the employee’s wish to relocate to an14 other geographic area in order to avoid future

15 domestic violence against the employee or the

16 employee’s family;

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

18 traumatic stress resulting from the employee’s

19 experience of domestic violence;

20 ‘‘(D) the employer’s denial of the employ21 ee’s request for the temporary leave from em22 ployment to address domestic violence and its

23 effects authorized by subparagraphs (E) and

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

25 Medical Leave Act of 1993; or
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•S 2110 IS

1 ‘‘(E) any other circumstance in which do2 mestic violence causes the employee to reason3 ably believe that termination of employment is

4 necessary for the future safety of the employee

5 or the employee’s family.

6 ‘‘(2) REASONABLE EFFORTS TO RETAIN EM7 PLOYMENT.—For purposes of subsection (a)(19), if

8 State law requires the employee to have made rea9 sonable efforts to retain employment as a condition

10 for receiving unemployment compensation, such re11 quirement shall be met if the employee—

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

13 in responding to, domestic violence, including

14 calling the police or seeking legal, social work,

15 medical, clergy, or other assistance;

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

17 shelter or temporary or permanent relocation,

18 whether or not the employee actually obtained

19 such refuge or accomplished such relocation; or

20 ‘‘(C) reasonably believed that options such

21 as taking a leave of absence, transferring jobs,

22 or receiving an alternative work schedule would

23 not be sufficient to guarantee the employee or

24 the employee’s family’s safety.
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1 ‘‘(3) ACTIVE SEARCH FOR EMPLOYMENT.—For

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

3 the employee to actively search for employment after

4 separation from employment as a condition for re5 ceiving unemployment compensation, such require6 ment shall be treated as met where the employee is

7 temporarily unable to actively search for employment

8 because the employee is engaged in seeking safety or

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

10 domestic violence, including—

11 ‘‘(A) going into hiding or relocating or at12 tempting to do so, including activities associ13 ated with such hiding or relocation, such as

14 seeking to obtain sufficient shelter, food, school15 ing for children, or other necessities of life for

16 the employee or the employee’s family;

17 ‘‘(B) actively pursuing legal protection or

18 remedies, including meeting with the police,

19 going to court to make inquiries or file papers,

20 meeting with attorneys, or attending court pro21 ceedings; or

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

23 or religious counseling or support activities to

24 assist the employee in ending domestic violence.
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1 ‘‘(4) PROVISION OF INFORMATION TO MEET

2 CERTAIN REQUIREMENTS.—In determining if an em3 ployee meets the requirements of paragraphs (1),

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

5 in which an employee is requesting unemployment

6 compensation by reason of subsection (a)(19) may

7 require the employee to provide—

8 ‘‘(A) documentation of the domestic vio9 lence, such as police or court records, or docu10 mentation of the domestic violence from a shel11 ter worker or an employee of a domestic vio12 lence program, an attorney, a clergy member,

13 or a medical or other professional from whom

14 the employee has sought assistance in address15 ing domestic violence and its effects; or

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

17 a statement from any other individual with

18 knowledge of the circumstances which provide

19 the basis for the claim, or physical evidence of

20 domestic violence, such as photographs, torn or

21 bloody clothes.

22 All evidence of domestic violence experienced by an

23 employee, including an employee’s statement, any

24 corroborating evidence, and the fact that an em25 ployee has applied for or inquired about unemploy-
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•S 2110 IS

1 ment compensation available by reason of subsection

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

3 by such State unemployment agency, except to the

4 extent consented to by the employee where disclosure

5 is necessary to protect the employee’s safety.

6 ‘‘(5) EFFECT OF CLAIMS.—Claims filed for un7 employment compensation solely by reason of sub8 section (a)(19) shall be disregarded in determining

9 an employer’s State unemployment taxes based on

10 unemployment experience.’’.

11 (b) SOCIAL SECURITY PERSONNEL TRAINING.—Sec12 tion 303(a) of the Social Security Act (42 U.S.C. 503(a))

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

14 as paragraphs (5) through (11), respectively, and by add15 ing after paragraph (3) the following:

16 ‘‘(4) Such methods of administration as will en17 sure that claims reviewers and hearing personnel are

18 adequately trained in the nature and dynamics of

19 claims for unemployment compensation based on do20 mestic violence under section 3304(a)(20) of the In21 ternal Revenue Code of 1986 and in methods of

22 ascertaining and keeping confidential information

23 about possible experiences of domestic violence to

24 ensure that requests for unemployment compensa25 tion based on domestic violence are reliably screened,
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1 identified, and adjudicated, and to ensure that com2 plete confidentiality is provided for the employee’s

3 claim and submitted evidence.’’.

4 (c) DEFINITIONS.—Section 3306 of the Internal Rev5 enue Code of 1986 is amended by adding at the end the

6 following:

7 ‘‘(u) DOMESTIC VIOLENCE.—For purposes of this

8 chapter, the term ‘domestic violence’ has the meaning

9 given such term in section 2003 of title I of the Omnibus

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

11 3796gg–2).’’.

12 (d) EFFECTIVE DATE.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the amendments made by this section

15 shall apply in the case of compensation paid for

16 weeks beginning 180 days after the date of enact17 ment of this Act.

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

19 Secretary of Labor identifies a State as requiring a

20 change to its statutes or regulations in order to com21 ply with the amendments made by this section, the

22 amendments made by this Act shall apply in the

23 case of compensation paid for weeks beginning after

24 the earlier of—
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•S 2110 IS

1 (A) the date the State changes its statutes

2 or regulations in order to comply with the

3 amendments made by this section; or

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

5 legislature which begins after the date of enact6 ment of this Act or which began prior to such

7 date and remained in session for not less than

8 25 calendar days after such date;

9 except that in no case shall the amendments made

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

11 after the date of enactment of this Act. For pur12 poses of the preceding sentence, the term ‘‘session’’

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

14 a State legislature.

15 SEC. 208. BATTERED IMMIGRANT WOMEN.

16 (a) FINDINGS.—Congress finds that—

17 (1) the goal of the immigration protections for

18 battered immigrants included in the Violence

19 Against Women Act of 1994 was to remove immi20 gration laws as a barrier that kept battered immi21 grant women and children locked in abusive relation22 ships;

23 (2) providing battered immigrant women and

24 children who were experiencing domestic violence at

25 home with protection against deportation allows
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•S 2110 IS

1 them to obtain protection orders against their abus2 ers and frees them to cooperate with law enforce3 ment and prosecutors in criminal cases brought

4 against their abusers and the abusers of their chil5 dren; and

6 (3) there are several groups of battered immi7 grant women and children who do not have access

8 to VAWA’s immigration protections, which means

9 that their abusers are virtually immune from pros10 ecution because their victims can be deported and

11 the Immigration and Naturalization Service cannot

12 offer them protection no matter how compelling

13 their case under existing law.

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

15 (1) to promote criminal prosecutions of all per16 sons who commit acts of battery or extreme cruelty

17 against immigrant women and children;

18 (2) to offer protection against domestic violence

19 occurring in family and intimate relationships that

20 are covered in State protection order, domestic vio21 lence, and family law statutes; and

22 (3) to correct erosions of Violence Against

23 Women Act immigration protections that occurred

24 as a result of the Illegal Immigration Reform and

25 Immigrant Responsibility Act of 1996.
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1 (c) Section 502 of the Departments of Commerce,

2 Justice, and State, the Judiciary and Related Agencies

3 Appropriations Act, 1998 (Public Law 105–119) is

4 amended by adding at the end the following:

5 ‘‘(c) This section shall not be construed to prohibit

6 a recipient from—

7 ‘‘(1) using funds derived from a source other

8 than the Legal Services Corporation to provide relat9 ed legal assistance (as that term is defined in sub10 section (b)(2)) to any alien who has been battered

11 or subjected to extreme cruelty by a person with

12 whom the alien has a relationship covered by the do13 mestic violence laws of the State in which the alien

14 resides or in which an incidence of violence occurred;

15 ‘‘(2) using Legal Services Corporation funds to

16 provide related legal assistance to any alien who has

17 been battered or subjected to extreme cruelty who

18 qualifies for relief under sections 204(a)(1)(A)(iii).’’.

19 (d)(1) Section 204(a)(1)(A) of the Immigration and

20 Nationality Act is amended by adding at the end the fol21 lowing new clause:

22 ‘‘(vii) For the purposes of petitions

23 filed under section 204(a)(1)(A)(iii) and

24 (iv), loss or renunciation or changes to the

25 abuser’s citizenship status after filing of
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•S 2110 IS

1 the petition shall not preclude the cat2 egorization of the eligible self-petitioning

3 spouse or children as an immediate rel4 ative.’’.

5 (2) Section 204(a)(1)(B) of the Immigration and Na6 tionality Act is amended by adding at the end the follow7 ing new clause:

8 ‘‘(v)(I) for the purposes of petitions

9 filed or approved under section

10 204(a)(1)(B) (ii) and (iii), changes in the

11 immigration status of a lawful permanent

12 resident spouse or parent subsequent to

13 the filing of a petition under these sections

14 shall not adversely affect adjudication of

15 the petition and for approved petitions,

16 shall not affect the alien’s ability to adjust

17 status under section 245(a) or obtain sta18 tus as a lawful permanent resident based

19 on the approved self-petition under section

20 204(a)(1)(B) (ii) and (iii).

21 ‘‘(II) Upon the lawful permanent resi22 dent spouse or parent becoming a United

23 States citizen through naturalization, ac24 quisition of citizenship, or other means,

25 any petition filed with the Immigration
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•S 2110 IS

1 and Naturalization Service, and pending or

2 approved under section 204(a)(1)(B) on

3 behalf of an alien who has been battered or

4 subjected to extreme cruelty to be auto5 matically reclassified as a petition filed

6 under section 204(a)(1)(A) of this Act

7 even if the reclassification occurs after di8 vorce.’’.

9 (e)(1) Section 204A(b)(2) of the Immigration and

10 Nationality Act is amended by adding at the end the fol11 lowing:

12 ‘‘(F) GOOD MORAL CHARACTER DETER13 MINATIONS.—For the purposes of making ‘good

14 moral character’ determinations under this sec15 tion, the Attorney General may waive the bar to

16 issuing a finding of good moral character in the

17 case of an alien who has been battered or sub18 jected to extreme cruelty but who has also been

19 convicted of, or who pled guilty to, violating a

20 court order issued to protect the alien or forced

21 prostitution, or who committed, or who was

22 convicted of or pled guilty to committing a

23 crime if the alien committed the crime under

24 duress from the person who battered or sub25 jected the alien to extreme cruelty, or to a do-
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1 mestic violence-related crime when the Attorney

2 General determines that the alien acted in self3 defense. After finding that an alien has been

4 battered or subject to extreme cruelty and is

5 otherwise eligible for relief under this para6 graph, the Attorney General may enter a find7 ing of ‘good moral character’ despite the exist8 ence of a disqualifying criminal act or a crimi9 nal conviction.

10 ‘‘(G) INCLUSION OF OTHER ALIENS IN PE11 TITION.—An alien applying for relief under sec12 tion 244(a)(3) (as in effect before the enact13 ment of the Illegal Immigration Reform and

14 Immigrant Responsibility Act of 1996) or this

15 paragraph may include alien children, sons, or

16 daughters in their applications and the Attor17 ney General may adjust the status of the alien’s

18 children, sons, daughters, or in the case of an

19 application filed by an alien child, parent.’’.

20 (2) Section 212(h) is amended by adding at the end

21 the following new paragraph:

22 ‘‘(3) SPECIAL RULE FOR BATTERED IMMI23 GRANT WOMEN AND CHILDREN.—The Attorney

24 General, in her discretion, may waive the application

25 of subsection (a)(2) in the case of an alien granted
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1 status under section 204(a)(1)(A) (iii), (iv), or (v)

2 and section 204(a)(1)(B) (ii) or (iii) for humani3 tarian purposes, to assure family unity or when it is

4 otherwise in the public interest.’’.

5 (3) Section 212(a)(2)(A)(ii) of the Immigration and

6 Nationality Act is amended—

7 (1) in subclause (II), by striking the period and

8 inserting ‘‘, or’’; and

9 (2) by adding after subclause (II) the following:

10 ‘‘(III) the crime was committed by the

11 alien acting in self-defense or under duress

12 caused by a person who subjected the alien

13 to battering or extreme cruelty.’’.

14 (4) Section 204(a)(1)(A) of the Immigration and Na15 tionality Act is amended by adding at the end the follow16 ing new clause:

17 ‘‘(vi)(I) For the purposes of making

18 good moral character determinations under

19 this section, the Attorney General may

20 waive the bar to issuing a finding of ‘good

21 moral character’ in the case of an alien

22 who otherwise qualifies for relief under

23 section 204(a)(1)(A)(iii), (iv), and (v), but

24 who has also been convicted of, or who

25 pled guilty to, violating a court order
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•S 2110 IS

1 issued to protect the alien or forced pros2 titution, or committed or who was con3 victed of or pled guilty to committing a

4 crime under duress from the person who

5 battered or subjected the alien to extreme

6 cruelty, or to a domestic violence-related

7 crime, when the Attorney General deter8 mines that the alien acted in self-defense.

9 ‘‘(II) After finding that an alien has

10 been battered or subjected to extreme cru11 elty and is otherwise eligible for relief

12 under section 204(a)(1)(A)(iii), (iv), or (v),

13 the Attorney General may enter a finding

14 of ‘good moral character’ despite the exist15 ence of a disqualifying criminal act or

16 criminal conviction.’’.

17 (5) Section 204(a)(1)(B) of the Immigration and Na18 tionality Act is amended by adding at the end the follow19 ing new clause:

20 ‘‘(iv)(I) For the purposes of making

21 good moral character determinations under

22 this section, the Attorney General may

23 waive the bar to issuing a finding of good

24 moral character in the case of an alien who

25 otherwise qualifies for relief under section
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•S 2110 IS

1 204(a)(1)(B) (ii) and (iii), but who has

2 also been convicted of, or who pled guilty

3 to, violating a court order issued to protect

4 the alien or forced prostitution, or commit5 ted or was convicted of or pled guilty to

6 committing a crime under duress from the

7 person who battered or subjected the alien

8 to extreme cruelty, or to a domestic vio9 lence-related crime, when the Attorney

10 General determines that the alien acted in

11 self-defense.

12 ‘‘(II) After finding that an alien has

13 been battered or subjected to extreme cru14 elty and is otherwise eligible for relief

15 under section 204(a)(1)(B) (ii) and (iii),

16 the Attorney General may in his or her

17 sole discretion enter a finding of good

18 moral character despite the existence of a

19 disqualifying criminal act or criminal con20 viction.’’.

21 (6) Section 237(a)(2)(E) of the Immigration and Na22 tionality Act is amended by inserting at the end the follow23 ing new clause:

24 ‘‘(iii) The Attorney General may,

25 upon determination that the alien was act-
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•S 2110 IS

1 ing in self-defense, that the alien was not

2 the primary perpetrator of violence in the

3 relationship, that the alien was found to

4 have violated a protection order intended

5 to protect the alien, that the alien was con6 victed of committing a crime under duress

7 from the person who subjected the alien to

8 battering or extreme cruelty or for human9 itarian purposes waive application of clause

10 (i) and clause (ii).’’.

11 (f)(1) Section 204(a)(1)(A)(iii) of the Immigration

12 and Nationality Act is amended to read as follows:

13 ‘‘(iii) An alien—

14 ‘‘(I)(aa) who is the spouse of a

15 citizen or lawful permanent resident

16 of the United States, or

17 ‘‘(bb) (1) who believed he or she

18 had married a citizen or lawful per19 manent resident of the United States;

20 (2) who actually performed a mar21 riage ceremony with such citizen or

22 lawful permanent resident of the

23 United States; and (3) who otherwise

24 meets any applicable requirements

25 under this Act to establish the exist-
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1 ence of and bona fides of a marriage;

2 but (4) whose marriage is not legiti3 mate solely because of the bigamy of

4 such citizen or lawful permanent resi5 dent of the United States;

6 ‘‘(II) who is a person of good

7 moral character;

8 ‘‘(III) who is eligible to be classi9 fied as an immediate relative under

10 section 201(b)(2)(A)(i) or who would

11 have been so classified but for the

12 bigamy of the citizen or lawful perma13 nent resident of the United States

14 that the alien intended to marry; and

15 ‘‘(IV) who has resided in the

16 United States with the alien’s spouse

17 or intended spouse,

18 may file a petition with the Attorney Gen19 eral under this subparagraph for classifica20 tion of the alien (and any child of the alien

21 if such a child has not been classified

22 under clause (iv)) under such section if the

23 alien demonstrates to the Attorney General

24 that the alien is residing in the United

25 States, the marriage or the intent to marry
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•S 2110 IS

1 the United States citizen or lawful perma2 nent resident batterer was entered into in

3 good faith by the alien, and during the

4 marriage or relationship intended by the

5 alien to be legally a marriage, the alien or

6 a child of the alien has been battered or

7 has been the subject of extreme cruelty

8 perpetrated by the alien’s spouse or in9 tended spouse.’’.

10 (2) Section 204(a)(1)(A) of the Immigration and Na11 tionality Act is further amended—

12 (A) by inserting ‘‘(or if the alien’s spouse is a

13 member of the United States Armed Forces sta14 tioned abroad on active duty the alien may file a pe15 tition at a United States consulate abroad)’’ after

16 ‘‘Attorney General’’ the first place it appears; and

17 (B) in clause (iii), by inserting ‘‘(or has resided

18 either within or outside the territory of the United

19 States with the citizen spouse if the alien’s spouse

20 is a member of the United States Armed Forces sta21 tioned abroad on active duty)’’ after ‘‘and who has

22 resided in the United States with the alien’s

23 spouse’’.

24 (3) Section 204(a)(1)(A)(iii)(I) of the Immigration

25 and Nationality Act is amended by striking ‘‘States,’’ and
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•S 2110 IS

1 inserting ‘‘States (unless the alien’s spouse is a member

2 of the United States military)’’.

3 (4) Section 204(a)(1)(A) of the Immigration and Na4 tionality Act is further amended—

5 (A) by inserting ‘‘(or if the alien’s parent is a

6 member of the United States military stationed

7 abroad the alien may file a petition at a United

8 States consulate abroad)’’ after ‘‘Attorney General’’

9 the first place it appears; and

10 (B) in clause (iv), by inserting ‘‘(or has resided

11 either within or outside the territory of the United

12 States with the citizen parent if the alien’s parent

13 is a member of the United States Armed Forces)’’

14 after ‘‘and who has resided in the United States

15 with the citizen parent’’.

16 (5) Section 204(a)(1)(A)(iv)(I) of the Immigration

17 and Nationality Act is amended by inserting ‘‘(unless the

18 alien’s parent is a member of the United States military

19 stationed abroad)’’ after ‘‘United States’’.

20 (6) Section 204(a)(1)(B) of the Immigration and Na21 tionality Act is amended—

22 (A) by inserting ‘‘(or if the alien’s spouse is a

23 member of the United States Armed Forces sta24 tioned abroad the alien may file a petition at a
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•S 2110 IS

1 United States consulate abroad)’’ after ‘‘Attorney

2 General’’ the first place it appears; and

3 (B) in clause (ii), by inserting ‘‘(or has resided

4 either within or outside the territory of the United

5 States with the legal permanent resident spouse if

6 the alien’s spouse is a member of the United States

7 Armed Forces)’’ after ‘‘and who has resided in the

8 United States with the legal permanent resident

9 spouse’’.

10 (7) Section 204(a)(1)(B) of the Immigration and Na11 tionality Act is amended—

12 (A) by inserting ‘‘(or if the alien’s parent is a

13 member of the United States military stationed

14 abroad the alien may file a petition at a United

15 States consulate abroad)’’ after ‘‘Attorney General’’

16 the first place it appears; and

17 (B) in clause (iii), by inserting ‘‘or has resided

18 either within or outside the territory of the United

19 States with the permanent resident parent if the

20 alien’s parent is a member of the United States

21 Armed Forces)’’ after ‘‘and who has resided in the

22 United States with the alien’s permanent resident

23 alien parent’’.
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1 (8) Section 204(a)(1)(A) of the Immigration and Na2 tionality Act is amended by adding at the end the follow3 ing:

4 ‘‘(v) An alien who is the parent of a

5 citizen of the United States, who is a per6 son of good moral character, who is eligible

7 to be classified as an immediate relative

8 under section 201(b)(2)(A)(i), and who has

9 resided in the United States with citizen

10 daughter or son (or has resided either

11 within or outside the territory of the

12 United States with the citizen daughter or

13 son if the alien’s daughter or son is a

14 member of the United States Armed

15 Forces) may file a petition with the Attor16 ney General (or if the alien’s daughter or

17 son is a member of the United States

18 Armed Forces stationed abroad the alien

19 may file a petition at a United States con20 sulate abroad) under this subparagraph for

21 classification of the alien under such sec22 tion if the alien demonstrates to the Attor23 ney General that the alien is residing in

24 the United States (unless the alien’s son of

25 daughter is a member of the United States
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•S 2110 IS

1 Armed Forces) and during the period of

2 residence with the citizen son or daughter

3 the alien has been battered by or has been

4 the subject of extreme cruelty perpetrated

5 by the alien’s citizen son or daughter.’’.

6 (g)(1) Section 2001(a) of the Omnibus Crime Control

7 and Safe Streets Act of 1968 is amended by inserting ‘‘,

8 the Immigration and Naturalization Service and the Exec9 utive Office of Immigration Review,’’ after ‘‘Indian tribal

10 governments’’.

11 (2) Section 2001(b)(1) of the Omnibus Crime Control

12 and Safe Streets Act of 1968 is amended by inserting ‘‘,

13 immigration and asylum officers, immigration judges,’’

14 after ‘‘law enforcement officers’’.

15 (3) Section 2001(b) of the Omnibus Crime Control

16 and Safe Streets Act of 1968 is amended—

17 (A) at the end of paragraph (6) by striking

18 ‘‘and’’;

19 (B) at the end of paragraph (7) by striking the

20 period and inserting ‘‘; and’’; and

21 (C) by inserting after paragraph (7) the follow22 ing new paragraph:

23 ‘‘(8) training justice system personnel on the

24 immigration provisions of the Violence Against

25 Women Act and their ramifications for victims of
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1 domestic violence appearing in civil and criminal

2 court proceedings and potential immigration con3 sequences for the perpetrators of domestic vio4 lence.’’.

5 (4) Section 2101(c) of the Omnibus Crime Control

6 and Safe Streets Act of 1968 is amended by inserting be7 fore the period ‘‘certify that their laws, policies, and prac8 tices do not discourage or prohibit prosecutors and law

9 enforcement officers from granting access to information

10 about the immigration status of a domestic violence per11 petrator to the victim, the child, or their advocate’’.

12 (5) Section 287(g)(10) of the Immigration and Na13 tionality Act is amended by adding at the end the follow14 ing: ‘‘It is the intent of the Congress that none of the

15 provisions of this section have the effect of discouraging

16 crime victim cooperation with law enforcement and pros17 ecutors. Public policy favors encouraging prosecution of

18 criminals, and nothing in this section shall be construed

19 to discourage crime victims and domestic violence victims

20 from reporting crimes committed against them to police,

21 from cooperating in criminal prosecutions, or from obtain22 ing from courts protection orders or other legal relief

23 needed to protect crime victims from ongoing violence

24 under State or Federal laws.’’.
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1 (h)(1) Section 245 of the Immigration and National2 ity Act (8 U.S.C. 1255) is amended—

3 (A) in subsection (a), by inserting ‘‘, or the sta4 tus of any other alien having an approved petition

5 for classification under subparagraph (A)(iii),

6 (A)(iv), (B)(ii) or (B)(iii) of section 204(a)(1),’’

7 after ‘‘into the United States’’;

8 (B) in subsections (c)(2) and (c)(4) by inserting

9 ‘‘or an alien having an approved petition for classi10 fication under subparagraph (A)(III), (A)(iv), (B)(ii)

11 or (B)(iii) of section 204(a)(1),’’ after ‘‘other than

12 an immediate relative as defined in section 201(b)’’

13 each place it appears;

14 (C) in subsection (c)(5), by inserting ‘‘(other

15 than an alien having an approved petition for classi16 fication under subparagraph (A)(III), (A)(iv), (B)(ii)

17 or (B)(iii) of section 204(a)(1)),’’ after ‘‘an alien’’;

18 and

19 (D) in subsection (c)(8), by inserting ‘‘(other

20 than an alien having an approved petition for classi21 fication under subparagraph (A)(III), and (A)(iv),

22 (B)(ii) or (B)(iii) of section 204(a)(1)),’’ after ‘‘any

23 alien’’.
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1 (2) The amendments made by paragraph (1) shall

2 apply to applications for adjustment of status pending on

3 or after the date of enactment of this Act.

4 (i)(1)(A) Paragraph (1) of section 240A(d) of the Im5 migration and Nationality Act (8 U.S.C. 1229b(d)(1)) is

6 amended to read as follows:

7 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—

8 ‘‘(A) IN GENERAL.—Except as provided in

9 subparagraph (b), for purposes of this section,

10 any period of continuous residence or continu11 ous physical presence in the United States shall

12 be deemed to end when the alien is served a no13 tice to appear under section 239(a) or when the

14 alien has committed an offense referred to in

15 section 212(a)(2) that renders the alien inad16 missible to the United States under section

17 212(a)(2) or removable from the United States

18 under section 237(a)(2) or 237(a)(4), whichever

19 is earliest.

20 ‘‘(B) SPECIAL RULE FOR BATTERED

21 SPOUSE OR CHILD.—For purposes of subsection

22 (b)(2), the service of a notice to appear referred

23 to in subparagraph (A) shall not be deemed to

24 end any period of continuous physical presence

25 in the United States.’’.
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1 (B) Section 240A(c)(3) of the Immigration and Na2 tionality Act (8 U.S.C. 1229b(d)(1)) is amended by adding

3 at the end the following new subsection:

4 ‘‘(C) Aliens in removal proceedings who

5 applied for cancellation of removal under sec6 tion 240A(b)(2).’’.

7 (C) The amendments made by subparagraphs (A)

8 and (B) shall take effect as if included in the enactment

9 of section 304 of the Illegal Immigration Reform and Im10 migrant Responsibility Act of 1996 (Public Law 104–208;

11 110 Stat. 587).

12 (2)(A) Section 309(c)(5)(C) of the Illegal Immigra13 tion Reform and Immigrant Responsibility Act of 1996

14 (8 U.S.C. 1101 note) (as amended by section 203 of the

15 Nicaraguan Adjustment and Central American Relief Act)

16 is amended—

17 (i) by amending the subparagraph heading to

18 read as follows:

19 ‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS

20 GRANTED TEMPORARY PROTECTION FROM DE21 PORTATION AND FOR BATTERED SPOUSES AND

22 CHILDREN.—’’; and

23 (ii) in clause (i)—

24 (I) by striking ‘‘or’’ at the end of subclause

25 (IV);
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1 (II) by striking the period at the end of

2 subclause (V) and inserting ‘‘; or’’;

3 and

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

5 ‘‘(VI) is an alien who was issued

6 an order to show cause or was in de7 portation proceedings prior to April 1,

8 1997, and who applied for suspension

9 of deportation under section 244(a)(3)

10 of the Immigration and Nationality

11 Act (as in effect before the date of the

12 enactment of the Act).’’.

13 (B) The amendments made by subparagraph (A)

14 shall take effect as if included in the enactment of section

15 309 of the Illegal Immigration Reform and Immigrant Re16 sponsibility Act of 1996 (8 U.S.C. 1101 note).

17 (3) Section 240A(d)(2) of the Immigration and Na18 tionality Act is amended to read as follows:

19 ‘‘(2) An alien shall be considered to have failed

20 to maintain continuous physical presence in the

21 United States under subsections (b)(1) and (b)(2) if

22 the alien has departed from the United States for

23 any period in excess of 90 days or for periods in the

24 aggregate exceeding 180 days. In the case of an

25 alien applying for cancellation of removal under sub-
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1 section (b)(2), the Attorney General may waive the

2 provisions of this subsection for humanitarian pur3 poses, provided that the alien demonstrates a sub4 stantial connection between the absences and the

5 battery or extreme cruelty forming the basis of the

6 application for cancellation of removal.’’.

7 (j) Within six months of the enactment of this Act,

8 the Attorney General shall report to the Committees on

9 the Judiciary of the Senate and House of Representatives

10 on—

11 (1) the number of and processing times of

12 VAWA petitions at INS District Offices and at the

13 INS Regional Office in St. Albans, Vermont;

14 (2) INS policy and procedures by which an im15 migrant who is eligible for suspension of deportation

16 or cancellation of removal under can place herself in

17 deportation proceedings so that she may apply for

18 suspension of deportation or cancellation of removal;

19 and

20 (3) the average length of time at each INS of21 fice between the date that an immigrant eligible for

22 suspension of deportation or cancellation of removal

23 asks to be placed in deportation, and the date that

24 immigrant appears before an immigration judge to
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1 file an application for suspension of deportation or

2 cancellation of removal.

3 (k) Section 240(c)(6)(C) of the Immigration and Na4 tionality Act is amended by adding the following new

5 clause:

6 ‘‘(iv) SPECIAL RULE FOR BATTERED

7 IMMIGRANT WOMEN AND CHILDREN.—

8 There is no time limit on the filing of a

9 motion to reopen and the requirements of

10 subparagraph (C)(iii) of this subsection do

11 not apply and if the basis of the motion is

12 to apply for relief under section

13 204(a)(1)(A)(iii), (iv), or (v), section

14 204(a)(1)(B)(ii) or (iii), section

15 240A(b)(2), or section 244(a)(3) (as in ef16 fect before that title III–A effective date of

17 the Illegal Immigration Reform and Immi18 grant Responsibility Act of 1996 (Public

19 Law 104–208; division C; 110 Stat. 3009–

20 625)).’’.

21 SEC. 209. OLDER WOMEN’S PROTECTION FROM VIOLENCE.

22 (a) VIOLENCE AGAINST WOMEN ACT AMEND23 MENTS.—The Violence Against Women Act of 1994 (108

24 Stat. 1902) is amended by adding at the end the following:
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1 ‘‘Subtitle H—Elder Abuse, Neglect,

2 and Exploitation, Including Do3 mestic Violence and Sexual As4 sault Against Older Individuals

5 ‘‘SEC. 40801. DEFINITIONS.

6 ‘‘In this subtitle:

7 ‘‘(1) IN GENERAL.—The terms ‘elder abuse, ne8 glect, and exploitation’, ‘domestic violence’, and

9 ‘older individual’ have the meanings given the terms

10 in section 102 of the Older Americans Act of 1965

11 (42 U.S.C. 3002).

12 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as13 sault’ has the meaning given the term in section

14 2003 of the Omnibus Crime Control and Safe

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

16 ‘‘SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS ON ELDER

17 ABUSE, NEGLECT, AND EXPLOITATION.

18 ‘‘The Attorney General shall make grants to law

19 school clinical programs for the purposes of funding the

20 inclusion of cases addressing issues of elder abuse, neglect,

21 and exploitation, including domestic violence, and sexual

22 assault, against older individuals.
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1 ‘‘SEC. 40803. TRAINING PROGRAMS FOR LAW ENFORCE2 MENT OFFICERS.

3 ‘‘The Attorney General shall develop curricula and

4 offer, or provide for the offering of, training programs to

5 assist law enforcement officers and prosecutors in rec6 ognizing, addressing, investigating, and prosecuting in7 stances of elder abuse, neglect, and exploitation, including

8 domestic violence, and sexual assault, against older indi9 viduals.

10 ‘‘SEC. 40804. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘There are authorized to be appropriated such sums

12 as may be necessary to carry out this subtitle.’’.

13 (b) FAMILY VIOLENCE PREVENTION AND SERVICES

14 ACT AMENDMENTS.—

15 (1) DEFINITIONS.—Section 309 of the Family

16 Violence Prevention and Services Act (42 U.S.C.

17 10408) is amended by adding at the end the follow18 ing:

19 ‘‘(7) The term ‘older individual’ has the mean20 ing given the term in section 102 of the Older Amer21 icans Act of 1965.’’.

22 (2) DOMESTIC VIOLENCE SERVICES FOR OLDER

23 INDIVIDUALS.—Section 311(a) of the Family Vio24 lence Prevention and Services Act (42 U.S.C.

25 10410(a)) is amended—
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1 (A) in paragraph (4), by striking ‘‘and’’ at

2 the end;

3 (B) in paragraph (5), by striking the pe4 riod at the end and inserting ‘‘; and’’; and

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

6 ‘‘(6) work with domestic violence programs to

7 encourage the development of programs targeted to

8 older individuals, including outreach, support

9 groups, and counseling.’’.

10 (3) DEMONSTRATION GRANTS FOR COMMUNITY

11 INITIATIVES.—Section 318(b)(2)(F) of the Family

12 Violence Prevention and Services Act (42 U.S.C.

13 10418(b)(2)(F)) is amended by inserting ‘‘and adult

14 protective services entities’’ before the semicolon.

15 (c) OLDER AMERICANS ACT OF 1965 AMEND16 MENTS.—

17 (1) DEFINITIONS.—Section 102 of the Older

18 Americans Act of 1965 (42 U.S.C. 3002) is amend19 ed by adding at the end the following:

20 ‘‘(45) The term ‘domestic violence’ has the

21 meaning given the term in section 2003 of title I of

22 the Omnibus Crime Control and Safe Streets Act of

23 1968 (42 U.S.C. 3796gg–2).

24 ‘‘(46) The term ‘sexual assault’ has the mean25 ing given the term in section 2003 of the Omnibus
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1 Crime Control and Safe Streets Act of 1968 (42

2 U.S.C. 3796gg–2).’’.

3 (2) RESEARCH ABOUT THE SEXUAL ASSAULT

4 OF WOMEN WHO ARE OLDER INDIVIDUALS.—Section

5 202(d)(3)(C) of the Older Americans Act of 1965

6 (42 U.S.C. 3012(d)(3)(C)) is amended—

7 (A) by striking ‘‘and’’ at the end of clause

8 (i);

9 (B) by striking the period at the end of

10 clause (ii) and inserting ‘‘; and’’; and

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

12 ‘‘(iii) in establishing research priorities under

13 clause (i), consider the importance of research about

14 the sexual assault of women who are older individ15 uals.’’.

16 (3) STATE LONG-TERM CARE OMBUDSMAN PRO17 GRAM.—Section 303(a)(1) of the Older Americans

18 Act of 1965 (42 U.S.C. 3023(a)(1)) is amended by

19 inserting before the period the following: ‘‘, except

20 that for grants to carry out section 321(a)(10),

21 there are authorized to be appropriated such sums

22 as may be necessary without fiscal year limitation’’.

23 (4) TRAINING FOR HEALTH PROFESSIONALS ON

24 SCREENING FOR ELDER ABUSE, NEGLECT, AND EX25 PLOITATION.—Section 411 of the Older Americans
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1 Act of 1965 (42 U.S.C. 3031) is amended by adding

2 at the end the following:

3 ‘‘(f) TRAINING FOR HEALTH PROFESSIONALS ON

4 SCREENING FOR ELDER ABUSE, NEGLECT, AND EXPLOI5 TATION.—

6 ‘‘(1) IN GENERAL.—The Secretary shall, in con7 sultation with the Assistant Secretary, develop cur8 ricula and implement continuing education training

9 programs for protective service workers, health care

10 providers, social workers, clergy, and other commu11 nity-based social service providers in settings, includ12 ing senior centers, adult day care settings, and sen13 ior housing, to improve their ability to recognize and

14 address instances of elder abuse, neglect, and exploi15 tation, including domestic violence, and sexual as16 sault, against older individuals.

17 ‘‘(2) TRAINING AND CURRICULA.—In carrying

18 out paragraph (1), the Secretary shall develop and

19 implement separate curricula and training programs

20 for adult protective services workers, medical stu21 dents, physicians, physician assistants, nurse practi22 tioners, nurses, and clergy.’’.

23 (5) DOMESTIC VIOLENCE SHELTERS AND PRO24 GRAMS FOR OLDER INDIVIDUALS.—Section 422(b) of
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1 the Older Americans Act of 1965 (42 U.S.C.

2 3035a(b)) is amended—

3 (A) by striking ‘‘and’’ at the end of para4 graph (11);

5 (B) by striking the period at the end of

6 paragraph (12) and inserting a semicolon; and

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

8 ‘‘(13) expand access to domestic violence shel9 ters and programs for older individuals and encour10 age the use of senior housing, nursing homes, or

11 other suitable facilities or services when appropriate

12 as emergency short-term shelters or measures for

13 older individuals who are the victims of elder abuse,

14 including domestic violence, and sexual assault,

15 against older individuals; and

16 ‘‘(14) promote research on legal, organizational,

17 or training impediments to providing services to

18 older individuals through shelters, such as impedi19 ments to provision of the services in coordination

20 with delivery of health care or senior services.’’.

21 (6) AUTHORIZATION OF APPROPRIATIONS.—

22 (A) OMBUDSMAN PROGRAM.—Section

23 702(a) of the Older Americans Act of 1965 (42

24 U.S.C. 3058a(a)) is amended to read as follows:
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1 ‘‘(a) OMBUDSMAN PROGRAM.—There are authorized

2 to be appropriated to carry out chapter 2 such sums as

3 may be necessary without fiscal year limitation.’’.

4 (B) ELDER ABUSE PREVENTION PRO5 GRAM.—Section 702(b) of the Older Americans

6 Act of 1965 (42 U.S.C. 3058a(b)) is amended

7 to read as follows:

8 ‘‘(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND

9 EXPLOITATION.—There are authorized to be appropriated

10 to carry out chapter 3 such sums as may be necessary

11 without fiscal year limitation.’’.

12 (7) COMMUNITY INITIATIVES AND OUT13 REACH.—Title vii of the Older Americans Act of

14 1965 (42 U.S.C. 3058 et seq.) is amended—

15 (A) by redesignating subtitle C as subtitle

16 D;

17 (B) by redesignating sections 761 through

18 764 as sections 771 through 774, respectively;

19 and

20 (C) by inserting after subtitle B the follow21 ing:
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1 ‘‘Subtitle C—Community Initiatives

2 and Outreach

3 ‘‘SEC. 761. COMMUNITY INITIATIVES TO COMBAT ELDER

4 ABUSE, NEGLECT, AND EXPLOITATION.

5 ‘‘The Secretary shall make grants to nonprofit pri6 vate organizations to support projects in local commu7 nities, involving diverse sectors of each community, to co8 ordinate activities concerning intervention in and preven9 tion of elder abuse, neglect, and exploitation, including do10 mestic violence, and sexual assault, against older individ11 uals.

12 ‘‘SEC. 762. OUTREACH TO OLDER INDIVIDUALS.

13 ‘‘The Secretary shall make grants to develop and im14 plement outreach programs directed toward assisting older

15 individuals who are victims of elder abuse, neglect, and

16 exploitation (including domestic violence, and sexual as17 sault, against older individuals), including programs di18 rected toward assisting the individuals in senior housing

19 complexes and senior centers.

20 ‘‘SEC. 763. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘There are authorized to be appropriated to carry out

22 this subtitle such sums as may be necessary without fiscal

23 year limitation.’’.

24 (d) PUBLIC HEALTH SERVICE ACT AMENDMENTS.—
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1 (1) TITLE VII PROGRAMS; PREFERENCES IN FI2 NANCIAL AWARDS.—Section 791 of the Public

3 Health Service Act (42 U.S.C. 295j), is amended by

4 adding at the end the following:

5 ‘‘(c) PREFERENCES REGARDING TRAINING IN IDEN6 TIFICATION AND REFERRAL OF VICTIMS OF ELDER

7 ABUSE AND NEGLECT.—

8 ‘‘(1) IN GENERAL.—In the case of a health pro9 fessions entity specified in paragraph (2), the Sec10 retary shall, in making awards of grants or contracts

11 under this title, give preference to any such entity

12 (if otherwise a qualified applicant for the award in13 volved) that has in effect the requirement that, as a

14 condition of receiving a degree or certificate (as ap15 plicable) from the entity, each student have had sig16 nificant training (such as training conducted in ac17 cordance with curricula or programs authorized

18 under section 411(f) of the Older Americans Act of

19 1965 (42 U.S.C. 3031(f))), in carrying out the fol20 lowing functions as a provider of health care:

21 ‘‘(A) Identifying victims of elder abuse and

22 neglect, including domestic violence, and sexual

23 assault, against older individuals, and maintain24 ing complete medical records that include docu25 mentation of the examination, treatment given,
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1 and referrals made, and recording the location

2 and nature of the victim’s injuries.

3 ‘‘(B) Examining and treating such victims,

4 within the scope of the health professional’s dis5 cipline, training, and practice, including, at a

6 minimum, providing medical advice regarding

7 the dynamics and nature of elder abuse and ne8 glect.

9 ‘‘(C) Referring the victims to public and

10 nonprofit private entities that provide services

11 for such victims.

12 ‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI13 TIES.—For purposes of paragraph (1), a health pro14 fessions entity specified in this paragraph is any en15 tity that is a school of medicine, a school of osteo16 pathic medicine, a graduate program in mental

17 health practice, a school of nursing (as defined in

18 section 298b), a program for the training of physi19 cian assistants, or a program for the training of al20 lied health professionals.

21 ‘‘(3) REPORT TO CONGRESS.—Not later than 2

22 years after the date of the enactment of the Elder

23 Abuse Identification and Referral Act of 1998, the

24 Secretary shall submit to the Committee on Com25 merce of the House of Representatives, and the
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1 Committee on Labor and Human Resources of the

2 Senate, a report specifying—

3 ‘‘(A) the health professions entities that

4 are receiving preference under paragraph (1);

5 ‘‘(B) the number of hours of training re6 quired by the entities for purposes of such

7 paragraph;

8 ‘‘(C) the extent of clinical experience so re9 quired; and

10 ‘‘(D) the types of courses through which

11 the training is being provided.

12 ‘‘(4) DEFINITIONS.—In this subsection:

13 ‘‘(A) IN GENERAL.—The terms ‘abuse’,

14 ‘neglect’, ‘domestic violence’, and ‘older individ15 ual’ have the meanings given the terms in sec16 tion 102 of the Older Americans Act of 1965

17 (42 U.S.C. 3002).

18 ‘‘(B) ELDER ABUSE AND NEGLECT.—The

19 term ‘elder abuse and neglect’ means abuse and

20 neglect of an older individual.

21 ‘‘(C) SEXUAL ASSAULT.—The term ‘sexual

22 assault’ has the meaning given the term in sec23 tion 2003 of the Omnibus Crime Control and

24 Safe Streets Act of 1968 (42 U.S.C. 3796gg–

25 2).’’.
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1 (2) TITLE VIII PROGRAMS; PREFERENCES IN FI2 NANCIAL AWARDS.—Section 860 of the Public

3 Health Service Act (42 U.S.C. 298b–7) is amended

4 by adding at the end the following:

5 ‘‘(f) PREFERENCES REGARDING TRAINING IN IDEN6 TIFICATION AND REFERRAL OF VICTIMS OF ELDER

7 ABUSE AND NEGLECT.—

8 ‘‘(1) IN GENERAL.—In the case of a health pro9 fessions entity specified in paragraph (2), the Sec10 retary shall, in making awards of grants or contracts

11 under this title, give preference to any such entity

12 (if otherwise a qualified applicant for the award in13 volved) that has in effect the requirement that, as a

14 condition of receiving a degree or certificate (as ap15 plicable) from the entity, each student have had sig16 nificant training (such as training conducted in ac17 cordance with curricula or programs authorized

18 under section 411(g) of the Older Americans Act of

19 1965 (42 U.S.C. 3031(f))), in carrying out the fol20 lowing functions as a provider of health care:

21 ‘‘(A) Identifying victims of elder abuse and

22 neglect, including domestic violence, and sexual

23 assault, against older individuals, and maintain24 ing complete medical records that include docu25 mentation of the examination, treatment given,
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1 and referrals made, and recording the location

2 and nature of the victim’s injuries.

3 ‘‘(B) Examining and treating such victims,

4 within the scope of the health professional’s dis5 cipline, training, and practice, including, at a

6 minimum, providing medical advice regarding

7 the dynamics and nature of elder abuse and ne8 glect.

9 ‘‘(C) Referring the victims to public and

10 nonprofit private entities that provide services

11 for such victims.

12 ‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI13 TIES.—For purposes of paragraph (1), a health pro14 fessions entity specified in this paragraph is any en15 tity that is a school of nursing or other public or

16 nonprofit private entity that is eligible to receive an

17 award described in such paragraph.

18 ‘‘(3) REPORT TO CONGRESS.—Not later than 2

19 years after the date of the enactment of the Elder

20 Abuse Identification and Referral Act of 1998, the

21 Secretary shall submit to the Committee on Com22 merce of the House of Representatives, and the

23 Committee on Labor and Human Resources of the

24 Senate, a report specifying—
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1 ‘‘(A) the health professions entities that

2 are receiving preference under paragraph (1);

3 ‘‘(B) the number of hours of training re4 quired by the entities for purposes of such

5 paragraph;

6 ‘‘(C) the extent of clinical experience so re7 quired; and

8 ‘‘(D) the types of courses through which

9 the training is being provided.

10 ‘‘(4) DEFINITIONS.—In this subsection:

11 ‘‘(A) IN GENERAL.—The terms ‘abuse’,

12 ‘neglect’, ‘domestic violence’, and ‘older individ13 ual’ have the meanings given the terms in sec14 tion 102 of the Older Americans Act of 1965

15 (42 U.S.C. 3002).

16 ‘‘(B) ELDER ABUSE AND NEGLECT.—The

17 term ‘elder abuse and neglect’ means abuse and

18 neglect of an older individual.

19 ‘‘(C) SEXUAL ASSAULT.—The term ‘sexual

20 assault’ has the meaning given the term in sec21 tion 2003 of the Omnibus Crime Control and

22 Safe Streets Act of 1968 (42 U.S.C. 3796gg–

23 2).’’.

24 (3) CONFORMING AMENDMENT.—Section 411(f)

25 of the Older Americans Act of 1965 (as added by
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1 subsection (c)(4)) is amended by adding at the end

2 the following:

3 ‘‘(3) In carrying out paragraph (1), the Secretary

4 shall provide information about the curricula and training

5 programs to entities described in sections 791(c)(2) and

6 860(f)(2) of the Public Health Service Act (42 U.S.C.

7 295j(c)(2) and 298b–7(f)(2)) that seek grants or con8 tracts under title VII or VIII of such Act.’’.

9 TITLE III—LIMITING THE EF10 FECTS OF VIOLENCE ON

11 CHILDREN

12 SEC. 301. SAFE HAVENS FOR CHILDREN.

13 (a) IN GENERAL.—The Attorney General may make

14 grants to States and Indian tribal governments to enable

15 States and Indian tribal governments to enter into con16 tracts and cooperative agreements with public or private

17 nonprofit entities to assist those entities in establishing

18 and operating supervised visitation centers for purposes

19 of facilitating supervised visitation and visitation exchange

20 of children by and between parents.

21 (b) CONSIDERATIONS.—In awarding grants under

22 subsection (a), the Attorney General shall take into ac23 count—

24 (1) the number of families to be served by the

25 proposed visitation center;
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1 (2) the extent to which the proposed supervised

2 visitation center serves underserved populations (as

3 defined in section 2003 of title I of the Omnibus

4 Crime Control and Safe Streets Act of 1968 (42

5 U.S.C. 3796gg–2));

6 (3) with respect to an applicant for a contract

7 or cooperative agreement, the extent to which the

8 applicant demonstrates cooperation and collabora9 tion with nonprofit, nongovernmental entities in the

10 local community served, including the State domestic

11 violence coalition, State sexual assault coalition, local

12 shelters, and programs for domestic violence and

13 sexual assault victims;

14 (4) the extent to which the applicant dem15 onstrates coordination and collaboration with State

16 and local court systems, including mechanisms for

17 communication and referral; and

18 (5) the extent to which the applicant dem19 onstrates implementation of domestic violence and

20 sexual assault training for all employees.

21 (c) USE OF FUNDS.—

22 (1) IN GENERAL.—Amounts provided under a

23 grant, contract, or cooperative agreement awarded

24 under this section shall be used to establish and op25 erate supervised visitation centers.
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1 (2) APPLICANT REQUIREMENTS.—The Attorney

2 General shall award grants for contracts and cooper3 ative agreements under this section in accordance

4 with such regulations as the Attorney General may

5 promulgate. The regulations shall establish a multi6 year grant process. The Attorney General shall give

7 priority in awarding grants for contracts and cooper8 ative agreements under this section to States that

9 consider domestic violence in making a custody deci10 sion and require findings on the record. An appli11 cant awarded a contract or cooperative agreement by

12 a State that receives a grant under this section

13 shall—

14 (A) demonstrate recognized expertise in

15 the area of family violence and a record of high

16 quality service to victims of domestic violence

17 and/or sexual assault;

18 (B) demonstrate collaboration with and

19 support of the State domestic violence coalition,

20 sexual assault coalition or local domestic vio21 lence and sexual assault shelter or program in

22 the locality in which the supervised visitation

23 center will be operated;
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1 (C) provide supervised visitation and visi2 tation exchange services over the duration of a

3 court order to promote continuity and stability;

4 (D) ensure that any fees charged to indi5 viduals for use of services are based on an indi6 vidual’s income;

7 (E) demonstrate that adequate security

8 measures, including adequate facilities, proce9 dures, and personnel capable of preventing vio10 lence, are in place for the operation of super11 vised visitation; and

12 (F) described standards by which the su13 pervised visitation center will operate.

14 (d) REPORTING.—Not later than 120 days after the

15 end of each fiscal year, the Attorney General shall submit

16 to Congress a report that includes information concern17 ing—

18 (1) the number of individuals served and the

19 number of individuals turned away from services

20 (categorized by State), the number of individuals

21 from underserved populations served and turned

22 away from services, and the type of problems that

23 underlie the need for supervised visitation or visita24 tion exchange, such as domestic violence, child
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1 abuse, sexual assault, emotional or other physical

2 abuse, or a combination of such factors;

3 (2) the numbers of supervised visitations or vis4 itation exchanges ordered during custody determina5 tions under a separation or divorce decree or protec6 tion order, through child protection services or other

7 social services agencies, or by any other order of a

8 civil, criminal, juvenile, or family court;

9 (3) the process by which children or abused

10 partners are protected during visitations, temporary

11 custody transfers, and other activities for which the

12 supervised visitation centers are established under

13 this section;

14 (4) safety and security problems occurring dur15 ing the reporting period during supervised visitations

16 or at visitation centers including the number of pa17 rental abduction cases;

18 (5) the number of parental abduction cases in

19 a judicial district using supervised visitation services,

20 both as identified in criminal prosecution and cus21 tody violations; and

22 (6) program standards across the country that

23 are in place for operating a supervised visitation cen24 ter.

25 (e) AUTHORIZATION OF APPROPRIATIONS.—
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1 (1) IN GENERAL.—There are authorized to be

2 appropriated from the Violent Crime Reduction

3 Trust Fund established under section 310001 of the

4 Violent Crime Control and Law Enforcement Act of

5 1994 (42 U.S.C. 14211) to carry out this section—

6 (A) $20,000,000 for fiscal year 1999;

7 (B) $20,000,000 for fiscal year 2000;

8 (C) $30,000,000 for fiscal year 2001; and

9 (D) $30,000,000 for fiscal year 2002.

10 (2) DISTRIBUTION.—Of amounts made avail11 able to carry out this section for each fiscal year, not

12 less than 95 percent shall be used to award grants,

13 contracts, or cooperative agreements.

14 (3) ALLOTMENT FOR INDIAN TRIBES.—

15 (A) IN GENERAL.—Not less than 5 percent

16 of the total amount made available to carry out

17 this section for each fiscal year shall be avail18 able for grants to Indian tribal governments.

19 (B) REALLOTMENT OF FUNDS.—If, begin20 ning 9 months after the first day of any fiscal

21 year for which amounts are made available

22 under this paragraph, any amount made avail23 able under this paragraph remains unobligated,

24 the unobligated amount may be allocated with25 out regard to subparagraph (A).
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1 SEC. 302. STUDY OF CHILD CUSTODY LAWS IN DOMESTIC

2 VIOLENCE CASES.

3 (a) IN GENERAL.—The Attorney General shall—

4 (1) conduct a study of Federal and State laws

5 relating to child custody, including the Parental Kid6 naping Prevention Act of 1980, and the amendments

7 made by that Act, and the effect of those laws on

8 child custody cases in which domestic violence is a

9 factor; and

10 (2) submit to Congress a report describing the

11 results of that study, including the effects of imple12 menting or applying new model State laws, and the

13 recommendations of the Attorney General regarding

14 legislative changes to reduce the incidence or pattern

15 of violence against women or of sexual assault of the

16 child.

17 (b) SUFFICIENCY OF DEFENSES.—In carrying out

18 subsection (a) with respect to the Parental Kidnaping Pre19 vention Act of 1980, and the amendments made by that

20 Act, the Attorney General shall examine the sufficiency

21 of defenses to parental abduction charges available in

22 cases involving domestic violence, and the burdens and

23 risks encountered by victims of domestic violence arising

24 from compliance with the full faith and credit (and judicial

25 jurisdiction) requirements of that Act and the amend26 ments made by that Act.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriate to carry out this section

3 $200,000 for each of fiscal years 1999 and 2000.

4 (d) CONDITION FOR CUSTODY DETERMINATION.—

5 Section 1738A(c)(2)(C)(ii) of title 28, United States Code,

6 is amended—

7 (1) by striking ‘‘he’’ and inserting ‘‘the child, or

8 a sibling or parent of the child,’’; and

9 (2) by inserting ‘‘, including any act of domes10 tic violence by the other parent’’ before the semi11 colon.

12 SEC. 303. REAUTHORIZATION OF RUNAWAY AND HOMELESS

13 YOUTH GRANTS.

14 (a) IN GENERAL.—Section 316(c) of the Runaway

15 and Homeless Youth Act (42 U.S.C. 5712d(c)) is amend16 ed to read as follows:

17 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

18 is authorized to be appropriated from the Violent Crime

19 Reduction Trust Fund established under section 310001

20 of the Violent Crime Control and Law Enforcement Act

21 of 1994 (42 U.S.C. 14211) to carry out this section

22 $22,000,000 for each of fiscal years 1999 through 2002.’’.

23 (b) DISSEMINATION OF INFORMATION.—Section 316

24 of part A of the Runaway and Homeless Youth Act (42

25 U.S.C. 5712d) is amended—
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1 (1) by redesignating subsection (d) as sub2 section (e); and

3 (2) by inserting after subsection (c) the follow4 ing:

5 ‘‘(d) DISSEMINATION OF INFORMATION.—The Sec6 retary shall annually compile and broadly disseminate (in7 cluding through electronic publication) information about

8 the use of amounts expended and the projects funded

9 under this subtitle, including any evaluations of the

10 projects and information to enable replication and adop11 tion of the strategies identified in the projects. Such dis12 semination shall target community-based programs, in13 cluding domestic violence and sexual assault programs.’’.

14 SEC. 304. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE

15 PROGRAMS.

16 (a) COURT-APPOINTED SPECIAL ADVOCATE PRO17 GRAM.—Section 218(a) of the Victims of Child Abuse Act

18 of 1990 (42 U.S.C. 13014(a)) is amended to read as fol19 lows:

20 ‘‘(a) AUTHORIZATION.—There are authorized to be

21 appropriated from the Violent Crime Reduction Trust

22 Fund established under section 310001 of the Violent

23 Crime Control and Law Enforcement Act of 1994 (42

24 U.S.C. 14211) to carry out this subtitle—

25 ‘‘(1) $9,000,000 for fiscal year 1999;
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1 ‘‘(2) $10,000,000 for fiscal year 2000; and

2 ‘‘(3) $12,000,000 for each of fiscal years 2001

3 and 2002.’’.

4 (b) CHILD ABUSE TRAINING PROGRAMS FOR JUDI5 CIAL PERSONNEL AND PRACTITIONERS.—Section 224(a)

6 of the Victims of Child Abuse Act of 1990 (42 U.S.C.

7 13024(a) is amended to read as follows:

8 ‘‘(a) AUTHORIZATION.—There are authorized to be

9 appropriated from the Violent Crime Reduction Trust

10 Fund established under section 310001 of the Violent

11 Crime Control and Law Enforcement Act of 1994 (42

12 U.S.C. 14211) to carry out this subtitle—

13 ‘‘(1) $2,000,000 for fiscal year 1999; and

14 ‘‘(2) $2,300,000 for each of fiscal years 2000

15 through 2002.’’.

16 (c) GRANTS FOR TELEVISED TESTIMONY.—Section

17 1001(a)(7) of title I of the Omnibus Crime Control and

18 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(7)) is

19 amended to read as follows:

20 ‘‘(7) There is authorized to be appropriated from the

21 Violent Crime Reduction Trust Fund established under

22 section 310001 of the Violent Crime Control and Law En23 forcement Act of 1994 (42 U.S.C. 14211) to carry out

24 part N $1,000,000 for each of fiscal years 1999 through

25 2002.’’.
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1 (d) DISSEMINATION OF INFORMATION.—The Attor2 ney General shall annually compile and broadly dissemi3 nate (including through electronic publication) informa4 tion about the use of amounts expended and the projects

5 funded under section 218(a) of the Victims of Child Abuse

6 Act of 1990 (42 U.S.C. 13014(a)), section 224(a) of the

7 Victims of Child Abuse Act of 1990 (42 U.S.C. 13024(a)),

8 and section 1007(a)(7) of title I of the Omnibus Crime

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

10 3793(a)(7)), including any evaluations of the projects and

11 information to enable replication and adoption of the

12 strategies identified in the projects. Such dissemination

13 shall target community-based programs, including domes14 tic violence and sexual assault programs.

15 TITLE IV—STRENGTHENING

16 EDUCATION AND TRAINING

17 TO COMBAT VIOLENCE

18 AGAINST WOMEN

19 SEC. 401. EDUCATION AND TRAINING OF HEALTH PROFES20 SIONALS.

21 (a) TITLE VII PROGRAMS; PREFERENCES IN FINAN22 CIAL AWARDS.—Section 791 of the Public Health Service

23 Act (42 U.S.C. 295j), as amended by section 209 of this

24 Act, is amended by adding at the end the following:
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1 ‘‘(d) PREFERENCES REGARDING TRAINING IN IDEN2 TIFICATION AND REFERRAL OF VICTIMS OF DOMESTIC

3 VIOLENCE.—

4 ‘‘(1) IN GENERAL.—In the case of a health pro5 fessions entity specified in paragraph (2), the Sec6 retary shall, in making awards of grants or contracts

7 under this title, give preference to any such entity

8 (if otherwise a qualified applicant for the award in9 volved) that has in effect the requirement that, as a

10 condition of receiving a degree or certificate (as ap11 plicable) from the entity, each student have had sig12 nificant training in carrying out the following func13 tions as a provider of health care:

14 ‘‘(A) Identifying victims of domestic vio15 lence, and maintaining complete medical

16 records that include documentation of the ex17 amination, treatment given, and referrals made,

18 and recording the location and nature of the

19 victim’s injuries.

20 ‘‘(B) Examining and treating such victims,

21 within the scope of the health professional’s dis22 cipline, training, and practice, including, at a

23 minimum, providing medical advice regarding

24 the dynamics and nature of domestic violence.
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1 ‘‘(C) Referring the victims to public and

2 nonprofit private entities that provide services

3 for such victims.

4 ‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI5 TIES.—For purposes of paragraph (1), a health pro6 fessions entity specified in this paragraph is any en7 tity that is a school of medicine, a school of osteo8 pathic medicine, a graduate program in mental

9 health practice, a school of nursing (as defined in

10 section 853), a program for the training of physician

11 assistants, or a program for the training of allied

12 health professionals.

13 ‘‘(3) REPORT TO CONGRESS.—Not later than 2

14 years after the date of enactment of this subsection,

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 (b) TITLE VIII PROGRAMS; PREFERENCES IN FI10 NANCIAL AWARDS.—Section 860 of the Public Health

11 Service Act (42 U.S.C. 298b–7), as amended by section

12 209 of this Act, is amended by adding at the end the fol13 lowing:

14 ‘‘(g) PREFERENCES REGARDING TRAINING IN IDEN15 TIFICATION AND REFERRAL OF VICTIMS OF DOMESTIC

16 VIOLENCE.—

17 ‘‘(1) IN GENERAL.—In the case of a health pro18 fessions entity specified in paragraph (2), the Sec19 retary shall, in making awards of grants or contracts

20 under this title, give preference to any such entity

21 (if otherwise a qualified applicant for the award in22 volved) that has in effect the requirement that, as a

23 condition of receiving a degree or certificate (as ap24 plicable) from the entity, each student have had sig-
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1 nificant training in carrying out the following func2 tions as a provider of health care:

3 ‘‘(A) Identifying victims of domestic vio4 lence, and maintaining complete medical

5 records that include documentation of the ex6 amination, treatment given, and referrals made,

7 and recording the location and nature of the

8 victim’s injuries.

9 ‘‘(B) Examining and treating such victims,

10 within the scope of the health professional’s dis11 cipline, training, and practice, including, at a

12 minimum, providing medical advice regarding

13 the dynamics and nature of domestic violence.

14 ‘‘(C) Referring the victims to public and

15 nonprofit private entities that provide services

16 for such victims.

17 ‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI18 TIES.—For purposes of paragraph (1), a health pro19 fessions entity specified in this paragraph is any en20 tity that is a school of nursing or other public or

21 nonprofit private entity that is eligible to receive an

22 award described in such paragraph.

23 ‘‘(3) REPORT TO CONGRESS.—Not later than 2

24 years after the date of the enactment of the Domes25 tic Violence Identification and Referral Act of 1997,
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1 the Secretary shall submit to the Committee on

2 Commerce of the House of Representatives, and the

3 Committee on Labor and Human Resources of the

4 Senate, a report specifying—

5 ‘‘(A) the health professions entities that

6 are receiving preference under paragraph (1);

7 ‘‘(B) the number of hours of training re8 quired by the entities for purposes of such

9 paragraph;

10 ‘‘(C) the extent of clinical experience so re11 quired; and

12 ‘‘(D) the types of courses through which

13 the training is being provided.

14 ‘‘(4) DEFINITION OF DOMESTIC VIOLENCE.—In

15 this subsection, the term ‘domestic violence’ includes

16 behavior commonly referred to as domestic violence,

17 sexual assault, spousal abuse, woman battering,

18 partner abuse, child abuse, elder abuse, and ac19 quaintance rape.’’.

20 SEC. 402. EDUCATION AND TRAINING IN APPROPRIATE RE21 SPONSES TO VIOLENCE AGAINST WOMEN.

22 (a) AUTHORITY.—The Attorney General may make

23 grants in accordance with this section to public and pri24 vate nonprofit entities that, in the determination of the

25 Attorney General, have—
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1 (1) nationally recognized expertise in the areas

2 of domestic violence and sexual assault; and

3 (2) a record of commitment and quality re4 sponses to reduce domestic violence and sexual as5 sault.

6 (b) PURPOSE.—Grants under this section may be

7 used for the purposes of developing, testing, presenting,

8 and disseminating model programs to provide education

9 and training in appropriate and effective responses to vic10 tims of domestic violence and victims of sexual assault (in11 cluding, as appropriate, the effects of domestic violence

12 on children) to individuals (other than law enforcement

13 officers and prosecutors) who are likely to come into con14 tact with such victims during the course of their employ15 ment, including—

16 (1) campus personnel, such as administrators,

17 housing officers, resident advisers, counselors, and

18 others;

19 (2) caseworkers, supervisors, administrators,

20 administrative law judges, and other individuals ad21 ministering Federal and State benefits programs,

22 such as child welfare and child protective services,

23 Temporary Assistance to Needy Families, social se24 curity disability, child support, medicaid, unemploy25 ment, workers’ compensation, and similar programs;
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1 (3) justice system professionals, such as court

2 personnel, guardians ad litem and other individuals

3 appointed to represent or evaluate children, proba4 tion and parole officers, bail commissioners, judges,

5 and attorneys;

6 (4) medical and health care professionals, in7 cluding mental and behavioral health professionals

8 such as psychologists, psychiatrists, social workers,

9 therapists, counselors, and others; and

10 (5) religious professionals, such as clergy per11 sons and lay employees.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated from the Violent Crime Re14 duction Trust Fund established under section 310001 of

15 the Violent Crime Control and Law Enforcement Act of

16 1994 (42 U.S.C. 14211) to carry out this section

17 $5,000,000 for each of fiscal years 1999 through 2002.

18 SEC. 403. RAPE PREVENTION AND EDUCATION.

19 (a) IN GENERAL.—Part J of title III of the Public

20 Health Service Act (42 U.S.C. 280b et seq.) is amended

21 by inserting after section 393A the following:

22 ‘‘SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION

23 EDUCATION.

24 ‘‘(a) PERMITTED USE.—Notwithstanding section

25 1904(a)(1), amounts transferred by the State for use
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1 under this part shall be used for rape prevention and edu2 cation programs conducted by rape crisis centers, State

3 sexual assault coalitions, and other public and private non4 profit entities for—

5 ‘‘(1) educational seminars;

6 ‘‘(2) the operation of hotlines;

7 ‘‘(3) training programs for professionals;

8 ‘‘(4) the preparation of informational material;

9 ‘‘(5) education and training programs for stu10 dents and campus personnel designed to reduce the

11 incidence of sexual assault at colleges and univer12 sities; and

13 ‘‘(6) other efforts to increase awareness of the

14 facts about, or to help prevent, sexual assault, in15 cluding efforts to increase awareness in underserved

16 communities and awareness among individuals with

17 disabilities (as defined in section 3 of the Americans

18 with Disabilities Act of 1990 (42 U.S.C. 12102)).

19 ‘‘(b) NATIONAL RESOURCE CENTER.—The Secretary

20 of Health and Human Services shall, through the National

21 Center for Injury Prevention and Control at the Centers

22 for Disease Control and Prevention, establish a National

23 Resource Center on Sexual Assault to provide resource in24 formation, policy, training, and technical assistance to

25 Federal, State, and Indian tribal agencies, as well as to
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1 State sexual assault coalitions and local sexual assault

2 programs and to other professionals and interested parties

3 on issues relating to sexual assault. The Resource Center

4 shall maintain a central resource library in order to col5 lect, prepare, analyze, and disseminate information and

6 statistics and analyses thereof relating to the incidence

7 and prevention of sexual assault.

8 ‘‘(c) TARGETING OF EDUCATION PROGRAMS.—States

9 providing grant moneys must ensure that not less than

10 25 percent of the funds are used for educational programs

11 targeted for middle school, junior high, and high school

12 students. The programs targeted under this subsection

13 shall be provided by or in consultation with rape crisis cen14 ters, State sexual assault coalitions, or other entities rec15 ognized for their expertise in preventing sexual assault or

16 in providing services to victims of sexual assault.

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

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

19 appropriated from the Violent Crime Reduction

20 Trust Fund established under section 310001 of the

21 Violent Crime Control and Law Enforcement Act of

22 1994 (42 U.S.C. 14211) to carry out this section—

23 ‘‘(A) $55,000,000 for fiscal year 1999;

24 ‘‘(B) $55,000,000 for fiscal year 2000;

25 ‘‘(C) $60,000,000 for fiscal year 2001; and
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1 ‘‘(D) $60,000,000 for fiscal year 2002.

2 ‘‘(2) SEXUAL ASSAULT COALITIONS.—Not less

3 than 10 percent of the total amount made available

4 under this subsection in each fiscal year shall be

5 used to make grants to State sexual assault coali6 tions to address public health issues associated with

7 sexual assault through training, resource develop8 ment, or similar research.

9 ‘‘(3) NATIONAL RESOURCE CENTER ALLOT10 MENT.—Not less than 1 percent of the total amount

11 made available under this subsection in each fiscal

12 year shall be available for allotment under sub13 section (b).

14 ‘‘(e) LIMITATIONS.—

15 ‘‘(1) SUPPLEMENT NOT SUPPLANT.—Amounts

16 transferred by States for use under this section shall

17 be used to supplement and not supplant other Fed18 eral, State, and local public funds expended to pro19 vide services of the type described in subsection (a).

20 ‘‘(2) STUDIES.—A State may not use more

21 than 2 percent of the amount received by the State

22 under this section for each fiscal year for surveil23 lance studies or prevalence studies.

24 ‘‘(3) ADMINISTRATION.—A State may not use

25 more than 5 percent of the amount received by the
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1 State under this section for each fiscal year for ad2 ministrative expenses.

3 ‘‘(f) ELIGIBLE ORGANIZATIONS.—The Secretary

4 shall award a grant under subsection (b) of this section

5 to a private nonprofit entity which can—

6 ‘‘(1) demonstrate that it has recognized exper7 tise in the area of sexual assault, a record of high8 quality services to victims of sexual assault, includ9 ing a demonstration of support from advocacy

10 groups, such as State sexual assault coalitions or

11 recognized national sexual assault groups; and

12 ‘‘(2) demonstrate a commitment to the provi13 sion of services to underserved populations.

14 ‘‘(g) DEFINITIONS.—In this section—

15 ‘‘(1) the term ‘rape prevention and education’

16 includes education and prevention efforts directed at

17 sexual offenses committed by offenders who are not

18 known to the victim as well as offenders who are

19 known to the victim;

20 ‘‘(2) the term ‘sexual assault’ means any con21 duct proscribed by chapter 109A of title 18, United

22 States Code, whether or not the conduct occurs in

23 the special maritime and territorial jurisdiction of

24 the United States or in a Federal prison and in25 cludes both assaults committed by offenders who are
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1 strangers to the victim and assaults committed by

2 offenders who are known to the victim or related by

3 blood or marriage to the victim; and

4 ‘‘(3) the term ‘rape crisis center’ means a pri5 vate nonprofit organization that is organized, or has

6 as one of its primary purposes, to provide services

7 for victims of sexual assault and has a record of

8 commitment and demonstrated experience in provid9 ing services to victims of sexual assault.

10 ‘‘(h) TERMS.—

11 ‘‘(1) BASIS OF ALLOTMENTS.—The Secretary

12 shall make allotments to each State on the basis of

13 the population of the State.

14 ‘‘(2) LIMITATION.—No State may use amounts

15 made available by reason of subsection (a) in any

16 fiscal year for administration of any prevention pro17 gram other than the rape prevention and education

18 program for which allotments are made under this

19 section.

20 ‘‘(3) AVAILABILITY OF FUNDS.—Any amount

21 paid to a State for a fiscal year and remaining unob22 ligated at the end of such year shall remain available

23 for the next fiscal year to such State for the pur24 poses for which it was made.’’.

25 (b) TECHNICAL AMENDMENTS.—
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1 (1) PUBLIC HEALTH SERVICE.—Section 1910A

2 of the Public Health Service Act (42 U.S.C. 300w–

3 10) is repealed.

4 (2) VIOLENCE AGAINST WOMEN ACT OF 1994.—

5 Section 40151 of the Violence Against Women Act

6 of 1994 (108 Stat. 1920) is repealed.

7 SEC. 404. VIOLENCE AGAINST WOMEN PREVENTION EDU8 CATION AMONG YOUTH.

9 (a) GRANTS AUTHORIZED.—The Secretary of Health

10 and Human Services, in consultation with the Secretary

11 of Education, shall provide grants to individuals or organi12 zations to carry out educational programs for elementary

13 schools, middle schools, secondary schools, or institutions

14 of higher education with respect to information regarding,

15 and prevention of, domestic violence and violence among

16 intimate partners.

17 (b) ELIGIBILITY.—To be eligible for a grant under

18 this section, an individual or organization shall work in

19 domestic violence prevention, health or social work, law

20 or law enforcement, schools, or institutions of higher edu21 cation.

22 (c) APPLICATIONS.—An individual or organization

23 that desires to receive a grant under this section shall sub24 mit to the Secretary of Health and Human Services an
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1 application, in such form and manner as the Secretary of

2 Health and Human Services shall prescribe, that—

3 (1) demonstrates that the educational program

4 is comprehensive, engaging, and appropriate to the

5 target ages, addresses cultural diversity, has the po6 tential to change attitudes and behaviors, is devel7 oped based on research and experience in the areas

8 of youth education and domestic violence, collects

9 some form of data on changes in participants’ atti10 tudes or behavior, and includes an evaluation compo11 nent;

12 (2) in the case of a program for a collegiate au13 dience, demonstrates input from members of the

14 campus community, campus or local law enforce15 ment, education professionals, legal and psycho16 logical experts on battering, and victim advocate or17 ganizations; and

18 (3) contains such other information, agree19 ments, and assurances as the Secretary of Health

20 and Human Services may require.

21 (d) USES OF FUNDS.—

22 (1) IN GENERAL.—An individual or organiza23 tion that receives a grant under this section may use

24 the grant funds—
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1 (A) to carry out educational programs for

2 elementary schools, middle schools, secondary

3 schools, or institutions of higher education with

4 respect to information regarding, and preven5 tion of, domestic violence and violence among

6 intimate partners;

7 (B) to modify the program materials of the

8 model programs implemented under section 317

9 of the Family Violence Prevention and Services

10 Act (42 U.S.C. 10417), if appropriate, in order

11 to make the materials applicable to a particular

12 age group;

13 (C) to purchase the materials described in

14 subparagraph (B); or

15 (D) to establish pilot educational programs

16 described in paragraph (1) for institutions of

17 higher education for the purpose of identifying

18 model programs for such institutions.

19 (2) LIMITATION.—An individual or organization

20 that receives a grant under this section for a fiscal

21 year shall use not more than 7 percent of the grant

22 funds for administrative expenses.

23 (e) PUBLICATION.—The Secretary of Health and

24 Human Services shall publish the availability of grants

25 under this section through announcements in professional
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1 publications for the individuals or organizations described

2 in subsection (d)(2), and through notice in the Federal

3 Register.

4 (f) TERM.—A grant under this section may be award5 ed for a period of not more than 3 fiscal years.

6 (g) EQUITABLE DISTRIBUTION.—In awarding grants

7 under this section, the Secretary of Health and Human

8 Services shall ensure an equitable geographic distribution

9 to individuals and organizations throughout the United

10 States.

11 (h) REQUIREMENTS.—In carrying out an educational

12 program under this section, an individual or organization

13 shall—

14 (1) develop the program, or acquire model pro15 gram materials if available;

16 (2) carry out the program with a school’s or in17 stitution of higher education’s involvement; and

18 (3) report the results of the program to the

19 Secretary of Health and Human Services in a for20 mat provided by the Secretary.

21 (i) EVALUATION AND REPORT.—

22 (1) COLLEGE LEVEL PROGRAMS.—Not later

23 than December 31, 2000, the Secretary shall evalu24 ate the pilot educational programs for college audi-
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1 ences assisted under subsection (e)(1)(D) with the

2 goal of identifying and describing model programs.

3 (2) EVALUATION AND REPORT.—Not later than

4 3 years after the date of enactment of this Act, the

5 Secretary of Health and Human Services shall—

6 (A) transmit to Congress the design and

7 an evaluation of the model collegiate programs;

8 (B) report to Congress regarding results of

9 the elementary school, middle school, secondary

10 school, and institution of higher education pro11 grams funded under this section; and

12 (C) suggest changes or improvements to be

13 made in the programs.

14 (j) REGULATIONS.—Not later than 90 days after the

15 date of enactment of this Act, the Secretary of Health and

16 Human Services shall publish in the Federal Register pro17 posed regulations implementing this section. Not later

18 than 180 days after the date of enactment of this Act,

19 the Secretary of Health and Human Services shall publish

20 in the Federal Register final regulations implementing this

21 section.

22 (k) DEFINITIONS.—

23 (1) ELEMENTARY SCHOOL; SECONDARY

24 SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec25 ondary school’’ have the meanings given the terms
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1 in section 14101 of the Elementary and Secondary

2 Education Act of 1965 (20 U.S.C. 8801).

3 (2) INSTITUTION OF HIGHER EDUCATION.—The

4 term ‘‘institution of higher education’’ has the

5 meaning given the term in section 1201 of the High6 er Education Act of 1965 (20 U.S.C. 1141).

7 (l) AUTHORIZATION OF APPROPRIATIONS.—

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

9 appropriated to carry out this section (other than

10 subsection (d)(1)(D) and subparagraphs (A) and (B)

11 of subsection (i)(2))—

12 (A) $2,700,000 for fiscal year 1999;

13 (B) $2,700,000 for fiscal year 2000; and

14 (C) $2,700,000 for fiscal year 2001.

15 (2) COLLEGIATE PROGRAMS; REPORT.—There

16 is authorized to be appropriated from the Violent

17 Crime Reduction Trust Fund established under sec18 tion 310001 of the Violent Crime Control and Law

19 Enforcement Act of 1994 (42 U.S.C. 14211) to

20 carry out subsection (d)(1)(D) and subparagraphs

21 (A) and (B) of subsection (i)(2) $400,000 for fiscal

22 year 2001.

23 (3) AVAILABILITY.—Amounts appropriated

24 under this subsection shall remain available until the

25 earlier of—
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1 (A) the date on which those amounts are

2 expended; or

3 (B) December 31, 2001.

4 SEC. 405. EDUCATION AND TRAINING TO END VIOLENCE

5 AGAINST AND ABUSE OF WOMEN WITH DIS6 ABILITIES.

7 (a) IN GENERAL.—The Attorney General shall make

8 grants to States and nongovernmental private entities to

9 provide education and technical assistance for the purpose

10 of providing training, consultation, and information on vi11 olence, abuse, and sexual assault against women who are

12 individuals with disabilities (as defined in section 3 of the

13 Americans with Disabilities Act of 1990 (42 U.S.C.

14 12102)).

15 (b) PRIORITIES.—In making grants under this sec16 tion, the Attorney General shall give priority to applica17 tions designed to provide education and technical assist18 ance on—

19 (1) the nature, definition, and characteristics of

20 violence, abuse, and sexual assault experienced by

21 women who are individuals with disabilities;

22 (2) outreach activities to ensure that women

23 who are individuals with disabilities who are victims

24 of violence, abuse, and sexual assault receive appro25 priate assistance;
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1 (3) the requirements of shelters and victim

2 services organizations under Federal anti-discrimina3 tion laws, including the Americans with Disabilities

4 Act of 1990 and section 504 of the Rehabilitation

5 Act of 1973; and

6 (4) cost-effective ways that shelters and victim

7 services may accommodate the needs of individuals

8 with disabilities in accordance with the Americans

9 with Disabilities Act of 1990.

10 (c) USES OF GRANTS.—Each recipient of a grant

11 under this section shall provide information and training

12 to organizations and programs that provide services to in13 dividuals with disabilities, including independent living

14 centers, disability-related service organizations, and do15 mestic violence programs providing shelter or related as16 sistance.

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated from the Violent Crime Re19 duction Trust Fund established under section 310001 of

20 the Violent Crime Control and Law Enforcement Act of

21 1994 (42 U.S.C. 14211) to carry out this section

22 $5,000,000 for each of fiscal years 1999 through 2002.

23 SEC. 406. COMMUNITY INITIATIVES.

24 Section 318 of the Family Violence Prevention and

25 Services Act (42 U.S.C. 10418) is amended—
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1 (1) in subsection (b)(2)—

2 (A) in subparagraph (G), by striking

3 ‘‘and’’ at the end;

4 (B) by redesignating subparagraph (H) as

5 subparagraph (I); and

6 (C) by inserting after subparagraph (G)

7 the following:

8 ‘‘(H) groups that provide services to or ad9 vocate on behalf of individuals with disabilities

10 (as defined in section 3 of the Americans with

11 Disabilities Act of 1990 (42 U.S.C. 12102));

12 and’’.

13 (2) by striking subsection (h) and inserting the

14 following:

15 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

16 is authorized to be appropriated from the Violent Crime

17 Reduction Trust Fund established under section 310001

18 of the Violent Crime Control and Law Enforcement Act

19 of 1994 (42 U.S.C. 14211) to carry out this section

20 $6,000,000 for each of fiscal years 1999 through 2002.’’.
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1 SEC. 407. NATIONAL COMMISSION ON STANDARDS OF

2 PRACTICE AND TRAINING FOR SEXUAL AS3 SAULT EXAMINATIONS.

4 (a) IN GENERAL.—The Attorney General shall estab5 lish a multidisciplinary, multiagency national commission,

6 which shall—

7 (1) evaluate standards of training and practice

8 for licensed health care professionals performing sex9 ual assault forensic examinations and develop a na10 tional recommended standard for training;

11 (2) recommend minimum sexual assault foren12 sic examination training for all health care students

13 to improve the recognition of injuries suggestive of

14 rape and sexual assault and baseline knowledge of

15 appropriate referrals in victim treatment and evi16 dence collection;

17 (3) review national, State, and local protocols

18 on sexual assault for forensic examinations, and

19 based on the review, develop a recommended na20 tional protocol, and establish a mechanism for na21 tionwide dissemination; and

22 (4) study and evaluate State procedures for

23 payment of forensic examinations for victims of sex24 ual assault and establish a recommended Federal

25 protocol for the payment of forensic examinations.
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1 (b) MEMBERSHIP.—The members of the national

2 commission established under this section shall be ap3 pointed by the Attorney General from among individuals

4 who are experts in the prevention and treatment of rape

5 and sexual assault, including—

6 (1) individuals employed in the fields of victim

7 services, criminal justice, forensic nursing, forensic

8 science, emergency room medicine, law, and social

9 services; and

10 (2) individuals who are experts in the preven11 tion and treatment of sex crimes in ethnic, social,

12 and language minority communities, as well as rural,

13 disabled, and other underserved communities.

14 (c) REPORT.—Not later than 1 year after the date

15 of enactment of this Act, the Attorney General shall sub16 mit a report to Congress on the findings of the commission

17 established under subsection (a).

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated from the Violent Crime Re20 duction Trust Fund established under section 310001 of

21 the Violent Crime Control and Law Enforcement Act of

22 1994 (42 U.S.C. 14211) to carry out this section

23 $200,000 for fiscal year 1999.
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1 SEC. 408. NATIONAL WORKPLACE CLEARINGHOUSE ON VIO2 LENCE AGAINST WOMEN.

3 (a) AUTHORITY.—The Attorney General may make

4 a grant in accordance with this section to a private, non5 profit entity that meets the requirements of subsection (b)

6 to establish and operate a national clearinghouse and re7 source center to provide information and assistance to em8 ployers and labor organizations on appropriate workplace

9 responses to domestic violence and sexual assault.

10 (b) GRANTEES.—Each applicant for a grant under

11 this section shall submit to the Attorney General an appli12 cation, which shall—

13 (1) demonstrate that the applicant—

14 (A) has a nationally recognized expertise in

15 the area of domestic violence and sexual assault

16 and a record of commitment and quality re17 sponses to reduce domestic violence and sexual

18 assault; and

19 (B) will provide matching funds from non20 Federal sources in an amount equal to not less

21 than 10 percent of the total amount of the

22 grant under this section; and

23 (2) include a plan to conduct outreach to en24 courage employers (including small and large busi25 nesses, as well as public entities such as universities,

26 and State and local governments) to develop and im-
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1 plement appropriate responses to assist employees

2 who are victims of domestic violence or sexual as3 sault.

4 (c) USE OF GRANT AMOUNT.—A grant under this

5 section may be used for salaries, travel expenses, equip6 ment, printing, and other reasonable expenses necessary

7 to assemble, maintain, and disseminate to employers and

8 labor organizations information on appropriate responses

9 to domestic violence and sexual assault, including costs as10 sociated with such activities as—

11 (1) developing and disseminating model proto12 cols and workplace policies;

13 (2) developing and disseminating models for

14 employer and union sponsored victims’ services;

15 (3) developing and disseminating training vid16 eos and model curricula to promote better under17 standings of workplace issues surrounding domestic

18 violence; and

19 (4) planning and conducting conferences and

20 other educational opportunities.

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated from the Violent Crime Re23 duction Trust Fund established under section 310001 of

24 the Violent Crime Control and Law Enforcement Act of
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1 1994 (42 U.S.C. 14211) to carry out this section

2 $1,000,000 for each of fiscal years 1999 through 2002.

3 SEC. 409. STRENGTHENING RESEARCH TO COMBAT VIO4 LENCE AGAINST WOMEN.

5 Chapter 9 of subtitle B of the Violence Against

6 Women Act of 1994 (42 U.S.C. 13961 et seq.) is amended

7 by adding at the end the following:

8 ‘‘SEC. 40294. RESEARCH TO COMBAT VIOLENCE AGAINST

9 WOMEN.

10 ‘‘(a) EDUCATION, PREVENTION, AND INTERVENTION

11 RESEARCH GRANTS.—

12 ‘‘(1) PURPOSES.—The Secretary of Health and

13 Human Services, in consultation with the Attorney

14 General, shall make grants to entities, including do15 mestic violence and sexual assault organizations, re16 search organizations, and academic institutions, to

17 support research and evaluation of education, pre18 vention, and intervention programs on violent behav19 ior against women.

20 ‘‘(2) USE OF FUNDS.—The research conducted

21 under this section shall include—

22 ‘‘(A) longitudinal research to study the de23 velopmental trajectory of violent behavior

24 against women and the manner in which that

25 violence differs from other violent behaviors;
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1 ‘‘(B) the examination of risk factors for

2 sexual and intimate partner violence for victims

3 and perpetrators, such as poverty, childhood

4 victimization and other traumas;

5 ‘‘(C) the examination of short- and long6 term efforts of programs designed to prevent

7 sexual and intimate partner violence;

8 ‘‘(D) outcome evaluations of interventions

9 and school curriculum targeted at children and

10 teenagers;

11 ‘‘(E) the examination and documentation

12 of the processes and informal strategies women

13 experience in attempting to manage and stop

14 the violence in their lives; and

15 ‘‘(F) the development, testing, and evalua16 tion of the economic and health benefits of ef17 fective methods of domestic violence screening

18 and prevention programs at all points of entry

19 into the health care system, including mental

20 health, emergency medicine, obstetrics, gyne21 cology, and primary care, and an assessment of

22 the costs of domestic violence to the health care

23 system.

24 ‘‘(b) ADDRESSING GAPS IN RESEARCH.—
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1 ‘‘(1) PURPOSES.—The Secretary of Health and

2 Human Services and the Attorney General shall

3 make grants to domestic violence and sexual assault

4 organizations, research organizations, and academic

5 institutions in order to address gaps in research and

6 knowledge about violence against women, including

7 violence against women in underserved communities.

8 ‘‘(2) USES OF FUNDS.—The research conducted

9 with grants made under this subsection shall in10 clude—

11 ‘‘(A) the development of national- and

12 community-level survey studies to measure the

13 incidence and prevalence of violence against

14 women in underserved populations and the

15 terms women use to describe their experiences

16 of violence;

17 ‘‘(B) qualitative and quantitative research

18 to understand the manner in which factors that

19 shape the context and experience of violence in

20 women’s lives, as well as the education, preven21 tion, and intervention strategies available to

22 women (including minors);

23 ‘‘(C) a study of violence against women as

24 a risk factor for diseases from a multivariate

25 perspective;
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1 ‘‘(D) an examination of the prevalence and

2 dynamics of emotional and psychological abuse,

3 the effects on women of such abuse, and the

4 education, prevention, and intervention strate5 gies that are available to address this type of

6 abuse;

7 ‘‘(E) an examination of the need for and

8 availability of legal assistance and services for

9 victims of sexual assault; and

10 ‘‘(F) the use of nonjudicial alternative dis11 pute resolution (such as mediation, negotiation,

12 conciliation, and restorative justice models) in

13 cases in which domestic violence is a factor,

14 comparing nonjudicial alternative dispute reso15 lution and traditional judicial methods based

16 upon the quality of representation of the victim,

17 the training of mediators or other facilitators,

18 the satisfaction of the parties, the outcome of

19 the proceedings, and such other factors as may

20 be identified; and

21 ‘‘(G) an examination of effective models to

22 address domestic violence in child protective

23 services and child welfare agencies, including—

24 ‘‘(i) documenting the scope of the

25 problem;
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1 ‘‘(ii) identifying the risk of harm per2 petrators of domestic violence pose to chil3 dren and to parents who are victims of do4 mestic violence; and

5 ‘‘(iii) examining effective models to

6 address domestic violence in the context of

7 child welfare and child protection that pro8 tect children while protecting parents who

9 are victims of domestic violence.

10 ‘‘(c) SENTENCING COMMISSION STUDY.—Not later

11 than 1 year after the date of enactment of this section,

12 the United States Sentencing Commission shall submit to

13 Congress a report on—

14 ‘‘(1) sentences given to offenders incarcerated

15 in Federal and State prisons for homicides or as16 saults in which the victim was a spouse, former

17 spouse, or intimate partner of the offender;

18 ‘‘(2) the effect of illicit drugs and alcohol on do19 mestic violence and the sentences imposed for of20 fenses involving illicit drugs and alcohol in which do21 mestic violence occurred;

22 ‘‘(3) the extent to which acts of domestic vio23 lence committed against the offender, including coer24 cion, may have contributed to the commission of an

25 offense;
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1 ‘‘(4) an analysis delineated by race, gender,

2 type of offense, and any other categories that would

3 be useful for understanding the problem of domestic

4 violence; and

5 ‘‘(5) recommendations with respect to the of6 fenses described in this subsection, including any

7 basis for a downward adjustment in any applicable

8 Federal sentencing guidelines determination.

9 ‘‘(d) RESEARCH ON PREGNANCY AND SEXUAL AS10 SAULT.—

11 ‘‘(1) PURPOSES.—The Secretary of Health and

12 Human Services, in conjunction with the Attorney

13 General, shall make grants to nonprofit entities, in14 cluding sexual assault organizations, research orga15 nizations, and academic institutions, in order to

16 gather qualitative and quantitative data on the expe17 riences of minors and adults who become pregnant

18 as a result of sexual assault within State health

19 care, judicial, and social services systems.

20 ‘‘(2) USE OF AMOUNTS.—The research con21 ducted with grants made under this subsection shall

22 include—

23 ‘‘(A) the incidence and prevalence of preg24 nancy resulting from sexual assault, including

25 the ages of the victim and perpetrator, and any
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1 relationship between the perpetrator and the

2 victim (such as family, acquaintance, intimate

3 partner, spouse, household member, etc.);

4 ‘‘(B) the degree to which State adoption,

5 child custody, visitation, child support, parental

6 termination, and child welfare criminal justice

7 laws and policies serve the needs of women (in8 cluding minors) who become pregnant as a re9 sult of sexual assault;

10 ‘‘(C) the impact of State social services

11 rules, policies, and procedures on women (in12 cluding minors) who become pregnant as a re13 sult of sexual assault and on those children

14 born as a result of the sexual assault;

15 ‘‘(D) the availability of public and private

16 legal, medical, and mental health counseling, fi17 nancial, and other forms of assistance to women

18 (including minors) who become pregnant as a

19 result of sexual assault, and to the children

20 born as a result of the sexual assault, including

21 the extent to which barriers exist in accessing

22 that assistance; and

23 ‘‘(E) recommendations for improvements

24 in State health care, judicial, and social services

25 systems to address the needs of women (includ-
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1 ing minors) who become pregnant as a result of

2 sexual assault and of the children born as a re3 sult of the sexual assault.

4 ‘‘(e) STATUS REPORT ON LAWS REGARDING RAPE

5 AND SEXUAL ASSAULT OFFENSES.—

6 ‘‘(1) STUDY.—The Attorney General, in con7 sultation with national, State, and local domestic vi8 olence and sexual assault coalitions and programs,

9 including, nationally recognized experts on sexual as10 sault, such as from the judiciary, the legal profes11 sion, psychological associations, and sex offender

12 treatment providers, shall conduct a national study

13 to examine the status of the law with respect to rape

14 and sexual assault offenses and the effectiveness of

15 the implementation of laws in addressing such

16 crimes and protecting their victims. In carrying out

17 this subsection, the Attorney General may utilize the

18 Bureau of Justice Statistics, the National Institute

19 of Justice, and the Office for Victims of Crime.

20 ‘‘(2) REPORT.—Not later than 1 year after the

21 date of enactment of this section, the Attorney Gen22 eral shall submit to Congress a report on the find23 ings of the study under paragraph (1), which shall

24 include—
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1 ‘‘(A) an analysis of the degree of uniform2 ity among the States with respect to rape and

3 sexual assault laws (including sex offenses com4 mitted against children), including the degree of

5 uniformity among States with respect to—

6 ‘‘(i) definitions of rape and sexual as7 sault, including any marital rape exception

8 and any other exception or downgrading of

9 offense;

10 ‘‘(ii) the element of consent and coer11 cive conduct, including deceit;

12 ‘‘(iii) the element of physical resist13 ance and affirmative nonconsent as a pre14 condition for conviction;

15 ‘‘(iv) the element of force, including

16 penetration requirement as aggravating

17 factor and use of coercion;

18 ‘‘(v) evidentiary matters—

19 ‘‘(I) inferences—timeliness of

20 complaint under the Model Penal

21 Code;

22 ‘‘(II) post traumatic stress dis23 order (including rape trauma syn24 drome) relevancy of scope and admis25 sibility;
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1 ‘‘(III) rape shield laws—in cam2 era evidentiary determinations;

3 ‘‘(IV) prior bad acts; and

4 ‘‘(V) corroboration requirement

5 and cautionary jury instructions;

6 ‘‘(vi) the existence of special rules for

7 rape and sexual assault offenses;

8 ‘‘(vii) the use of experts;

9 ‘‘(viii) sentencing—

10 ‘‘(I) plea bargains;

11 ‘‘(II) presentence reports;

12 ‘‘(III) recidivism and remorse;

13 ‘‘(IV) adolescents;

14 ‘‘(V) psychological injuries;

15 ‘‘(VI) gravity of crime and trau16 ma to victim; and

17 ‘‘(VII) race; and

18 ‘‘(ix) any personal or professional re19 lationship between the perpetrator and the

20 victim; and

21 ‘‘(B) any recommendations of the Attorney

22 General for reforms to foster uniformity among

23 the States in addressing rape and sexual as24 sault offenses in order to protect victims more
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1 effectively while safeguarding the due process

2 rights of the accused.

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

4 is authorized to be appropriated from the Violent Crime

5 Reduction Trust Fund established under section 310001

6 of the Violent Crime Control and Law Enforcement Act

7 of 1994 (42 U.S.C. 14211)—

8 ‘‘(1) to carry out subsection (a), $3,000,000 for

9 each of fiscal years 1999, 2000, and 2001;

10 ‘‘(2) to carry out subsection (b), $2,100,000 for

11 each of fiscal years 1999, 2000, and 2001;

12 ‘‘(3) to carry out subsection (c), $200,000 for

13 fiscal year 1999;

14 ‘‘(4) to carry out subsection (d), $500,000 for

15 fiscal year 1999; and

16 ‘‘(5) to carry out subsection (e), $200,000 for

17 fiscal year 1999.’’.

18 TITLE V—EXTENSION OF VIO19 LENT CRIME REDUCTION

20 TRUST FUND

21 SEC. 501. EXTENSION.

22 (a) IN GENERAL.—Section 310001(b) of the Violent

23 Crime Control and Law Enforcement Act of 1994 (42

24 U.S.C. 14211(b)) is amended—
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1 (1) in paragraph (5), by striking ‘‘and’’ at the

2 end;

3 (2) in paragraph (6), by striking the period at

4 the end and inserting a semicolon; and

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

6 ‘‘(7) for fiscal year 2001, $4,400,000,000; and

7 ‘‘(8) for fiscal year 2002, $4,500,000,000.’’.

8 (b) CONFORMING DISCRETIONARY SPENDING CAP

9 REDUCTION.—Upon enactment of this Act, the discre10 tionary spending limits for fiscal years 2001 and 2002 set

11 forth in section 251(c) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985 (2 U.S.C. 901(c)) are

13 reduced as follows:

14 (1) For fiscal year 2001, $4,400,000,000 in

15 new budget authority and $5,981,000,000 in out16 lays.

17 (2) For fiscal year 2002, $4,500,000,000 in

18 new budget authority and $4,530,000,000 in out19 lays.

Æ