257
‘‘(iv) has been convicted of or pled
guilty to a domestic violence-related crime
if the Attorney General determines that
the alien acted in self-defense; or
‘‘(v) has been convicted of, or pled
guilty to, committing a crime where there
was a connection between the commission
of the crime and having been battered or
subjected to extreme cruelty.
‘‘(E) EFFECT OF CRIMINAL ACT OR CON-
VICTION.—After finding that an alien has been
battered or subject to extreme cruelty and is
otherwise eligible for relief under this para-
graph, the Attorney General may make a find-
ing of good moral character with respect to the
alien despite the existence of any conviction list-
ed in subparagraph (A) or any other disqualify-
ing criminal act that is connected to the battery
or extreme cruelty.’’.
(d) DETERMINATIONS UNDER SUSPENSION OF DE-
PORTATION.—
(1) IN GENERAL.—For the purposes of making
good moral character determinations under section
244(a)(3) of the Immigration and Nationality Act
(as in effect before the enactment of the Illegal Im-
258
migration Reform and Immigrant Responsibility Act
of 1996) (8 U.S.C. 1254(a)(3)), the Attorney Gen-
eral is not limited by the criminal court record and
may make a finding of good moral character in the
case of an alien who has been battered or subjected
to extreme cruelty but who—
(A) has been convicted of, or who pled
guilty to, violating a court order issued to pro-
tect the alien;
(B) has been convicted of, or who pled
guilty to, prostitution if the alien was forced
into prostitution by an abuser;
(C) has been convicted of, or pled guilty to
committing, a crime under duress from the per-
son who battered or subjected the alien to ex-
treme cruelty;
(D) has been convicted of, or pled guilty
to, a domestic violence-related crime if the At-
torney General determines that the alien acted
in self-defense; or
(E) has been convicted of, or pled guilty
to, committing a crime where there was a con-
nection between the commission of the crime
and having been battered or subjected to ex-
treme cruelty.
259
(2) EFFECT
OF
CRIMINAL
ACT
OR
CONVIC-
TION.—After finding that an alien has been battered
or subjected to extreme cruelty and would otherwise
qualify for relief under this subsection, the Attorney
General may in the Attorney General’s sole discre-
tion make a finding of good moral character with re-
spect to the alien despite the existence of any convic-
tion listed in paragraph (1) or any other disqualify-
ing criminal act or that is connected to the battery
or extreme cruelty.
SEC. 638. BATTERED IMMIGRANT WOMEN’S ECONOMIC SE-
CURITY ACT.
(a) NONAPPLICABILITY OF SPECIAL RULES RELAT-
ING TO THE TREATMENT OF NON-213a ALIENS.—Section
408(f)(6) of the Social Security Act (42 U.S.C. 608(f)(6))
is amended—
(1) in subparagraph (B), by striking ’or’ at the
end;
(2) in subparagraph (C), by striking the period
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(D) described in section 421 (f) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1631(f))
260
but for the fact that the individual is a non-
213A alien.’’.
(b) DISCRETIONARY FIRST TIME OFFENDER WAIV-
ERS FOR ALIENS MAKING CHILD SUPPORT PAYMENTS.—
Section 237(a)(2)(E) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(2)(E)), as amended by section
633(b)(7), is amended by adding at the end the following:
‘‘(iv) DISCRETIONARY WAIVER OF DE-
PORTATION GROUND FOR FIRST OFFEND-
ERS PAYING COURT ORDERED CHILD SUP-
PORT.—At the sole and unreviewable dis-
cretion of the Attorney General, the Attor-
ney General may waive deportability of an
alien who is convicted under clause (i) or
who is found in violation of a protection
order by a determination entered by a
court under clause (ii), if—
‘‘(I) the conviction or finding was
the alien’s first conviction or violation;
‘‘(II) the alien is not otherwise
deportable under this paragraph, un-
less the alien has obtained a waiver
available under the provisions of this
paragraph;
261
‘‘(III) the waiver is requested by
the person against whom the domestic
violence crime or protection order vio-
lation was committed;
‘‘(IV) the judge determines that
granting the waiver will not jeopardize
the safety of the victim or her chil-
dren;
‘‘(V) any ongoing cohabitation
with the abuse victim will not be in
violation of any court order; and
‘‘(VI) the alien is paying ade-
quate child support to the person
against whom the domestic violence
crime or protection order violation
was committed and the alien—
‘‘(aa) is separated from the
person against whom the domes-
tic violence crime or the protec-
tion order violation was commit-
ted and who is subject to a court
order requiring him to pay child
support for any children he has
in common with the person
against whom he committed the
262
crime of domestic violence or pro-
tection order violation, and is
current on all child support pay-
ments due under such order or is
in compliance with a court-ap-
proved payment plan; or
‘‘(bb) resides in the same
household as the person against
whom he committed the crime of
domestic violence or protection
order violation and who dem-
onstrates to the immigration
judge in the removal proceeding
that the alien has been and will
continue to provide adequate, on-
going support for the victim and
any children in common, if the
parties have children in common.
‘‘(II) ADEQUATE
SUPPORT
DE-
TERMINED UNDER APPLICABLE CHILD
SUPPORT GUIDELINES.—For purposes
of the determination of the adequacy
of child support provided under sub-
clause (I)(bb), the immigration judge
shall refer to the child support guide-
263
lines of the jurisdiction in which the
parties reside.
‘‘(vi) REINSTATEMENT OF DEPORTA-
TION GROUNDS.—Any person who obtains
a waiver under clause (iii) who thereafter
is found by a court with jurisdiction over
the child support matter to have failed to
make court-ordered child support payments
or failed to comply with a court-approved
payment plan is deportable and no further
waiver is available under clause (iii).’’.
(c) MISREPRESENTATION WAIVERS FOR BATTERED
SPOUSES OF UNITED STATES CITIZENS AND LAWFUL
PERMANENT RESIDENTS.—
(1) WAIVER
OF
INADMISSIBILITY.—Section
212(i) of the Immigration and Nationality Act (8
U.S.C. 1182(i)) is amended in paragraph (1), by in-
serting before the period at the end the following:
‘‘or in the case of an alien granted classification
under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) or clause (ii), (iii), or (iv) of section
204(a)(1)(B), or who qualifies for relief under sec-
tion 240A(b)(2) or section 244(a)(3) (as in effect
before the date of enactment of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
264
1996), the alien demonstrates extreme hardship to
the alien or the alien’s United States citizen or law-
ful permanent resident or qualified alien parent,
child, son, or daughter’’; and
(2) 
WAIVER
OF
DEPORTABILITY.—Section
237(a) of the Immigration and Nationality Act (8
U.S.C. 1227(a)) is amended—
(A) in paragraph (1)(H)—
(i) in clause (ii), by striking the pe-
riod and inserting ‘‘; or’’; and
(ii) by inserting after clause (ii) the
following:
‘‘(iii) is an alien who qualifies for clas-
sification under clause (iii), (iv), (v), or (vi)
of section 204(a)(1)(A) or clause (ii), (iii),
or (iv) of section 204(a)(1)(B), or who
qualifies 
for 
relief 
under 
section
240A(b)(2), or 244(a)(3) (as in effect be-
fore the date of enactment of the Illegal
Immigration Reform and Immigrant Re-
sponsibility Act of 1996).’’; and
(B) in paragraph (3)(D)—
(i) by inserting ‘‘(i) IN GENERAL.—’’
before ‘‘Any alien’’; and
265
(ii) by adding at the end the follow-
ing:
‘‘(ii) WAIVER AUTHORIZED.—The At-
torney General may waive clause (i) in the
case of an alien who qualifies for classifica-
tion under clause (iii), (iv) (v), or (vi) of
section 204(a)(1)(A) or clause (ii), (iii), or
(iv) of section 204(a)(1)(B), or who quali-
fies for relief under section 240(A)(b)(2),
or 244(a)(3) (as in effect before the date
of enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act
of 1996).’’.
(d) PUBLIC CHARGE.—Section 212(a)(4) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(4)) is
amended by adding at the end the following:
‘‘(E) EXCEPTION.—The following aliens
are not subject to public charge determinations
under this paragraph:
‘‘(i) An alien who qualifies for classi-
fication as a spouse, parent, child, son, or
daughter of a United States citizen or law-
ful permanent resident under clause (iii),
(iv) (v), or (vi) of section 204(a)(1)(A) or
266
clause 
(ii), 
(iii), 
or 
(iv) 
of 
section
204(a)(1)(B).
‘‘(ii) An alien who qualifies for classi-
fication as the spouse, child, son, or
daughter of a United States citizen or law-
ful permanent resident under clause (i) or
(ii) of section 204(a)(1)(A) or section
204(a)(1)(B)(i) and who has been battered
or subjected to extreme cruelty.
‘‘(iii) Any derivatives or immediate
relative children of aliens under clause (i)
or (ii) of this subparagraph.’’.
(e) ACCESS
TO NATURALIZATION
FOR DIVORCED
VICTIMS OF ABUSE.—Section 319(a) of the Immigration
and Nationality Act (8 U.S.C. 1430(a)) is amended—
(1) by inserting ‘‘, or any person who obtained
status as a lawful permanent resident by reason of
his or her status as a spouse, child, son, or daughter
of a United States citizen who battered him or her
or subjected him or her to extreme cruelty,’’ after
‘‘United States’’ the first place such term appears;
and
(2) by inserting ‘‘(except in the case of a person
who obtained lawful permanent residence because he
or she was the spouse, child, son, or daughter of a
267
United States citizen who battered or subjected him
or her to extreme cruelty)’’ after ‘‘has been living in
marital union with the citizen spouse’’.
(f) WORK AUTHORIZATION.—The Attorney General
may authorize an alien who has properly filed an applica-
tion for relief under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) or clause (ii), (iii), or (iv) of section
204(a)(1)(B) 
(8 
U.S.C. 
1154(a)(1)(B)), 
section
240A(b)(2) (8 U.S.C. 1229b(b)(2)), or section 244(c)(3)
(8 U.S.C. 1254(c)(3)) (as in effect before the date of en-
actment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996) of the Immigration and Na-
tionality Act to engage in employment in the United
States during the pendency of such application and may
provide the alien with an employment authorized endorse-
ment or other appropriate document signifying authoriza-
tion of employment. The Attorney General shall authorize
such employment in all cases in which an application has
been pending for a period exceeding 180 days and has not
been denied.
(g) FILING FEES.—
(1) PETITIONS FOR CLASSIFICATION.—Section
204(a)(1)(A)(iii)(I) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(a)(1)(A)(iii)(I)), as amend-
268
ed by section 635(c), is amended by adding at the
end the following:
‘‘No fee shall be charged for the filing or processing of
any application under clause (iii), (iv) (v), or (vi) of section
204(a)(1)(A) or clause (ii), (iii), or (iv) of subparagraph
(B), or any application for work authorization or renewal
thereof where such applications formed the basis for the
alien’s work authorization eligibility.’’.
(2) CANCELLATIONS
OF
REMOVAL.—Section
240A(b)(2) of the Immigration and Nationality Act
(8 U.S.C. 1229b), as amended by section 637(c), is
amended by adding at the end the following:
‘‘No fee shall be charged for the filing or processing
of any application under this subsection or any ap-
plication for work authorization or renewal thereof,
if the application forms the basis for the alien’s
work authorization eligibility.’’.
(3) SUSPENSION
OF
DEPORTATION.—No fee
shall be charged for the filing or processing of any
application under section 244(a)(3) of the Immigra-
tion and Nationality Act (as in effect before the date
of enactment of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996) (8 U.S.C.
1254(a)(3)), or any application for work authoriza-
269
tion or renewal thereof, if the applications forms the
basis for the alien’s work authorization eligibility.
(h) ACCESS TO FOOD STAMPS AND SSI FOR QUALI-
FIED BATTERED ALIENS.—Section 402(a)(2) of the Per-
sonal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding
at the end the following:
‘‘(L) EXCEPTION FOR CERTAIN BATTERED
ALIENS.—With respect to eligibility for benefits
for the specified Federal program described in
paragraph (3), paragraph (1) shall not apply to
any individual who has been battered or sub-
jected to extreme cruelty (as defined under
guidance issued by the Attorney General in ac-
cordance with section 431) in the United States
and is a qualified alien under section 431(c).’’.
(i) ACCESS
TO HOUSING
FOR QUALIFIED IMMI-
GRANTS.—Section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436(a)) is amended
by adding at the end the following:
‘‘(j) ELIGIBILITY FOR HOUSING ASSISTANCE FOR
QUALIFIED BATTERED ALIENS.—Notwithstanding any
other provision of this section—
‘‘(1) the restrictions on use of assisted housing
by aliens under this section shall not apply to any—
270
‘‘(A) qualified alien under subsection (b) or
(c) of section 431 of the Personal Responsibility
and Work Opportunity Reconciliation Act of
1986 (8 U.S.C. 1641); or
‘‘(B) child included in the application for
lawful immigration status of an alien described
in subparagraph (A); and
‘‘(2) no private, government, or nonprofit orga-
nization providing shelter or services to battered
women or abused children receiving any Federal
funds shall deny, restrict, or condition assistance to
any applicant based on alienage.’’.
(j) CLARIFYING WELFARE REPORTING REQUIRE-
MENTS FOR BENEFIT APPLICANTS.—The Social Security
Act (42 U.S.C. 301 et seq.) is amended—
(1) 
in 
section 
411(a)(1)(A) 
(42 
U.S.C.
611(a)(1)(A)), by adding after clause (xviii) the fol-
lowing:
‘‘Collection of information about, and inquiries
into, the immigration status of an individual
who is a parent applying on behalf of his or her
child who is a United States citizen or a quali-
fied alien (as defined in section 431(b) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(b))
271
for assistance under the State program funded
under this part, shall not be made if the indi-
vidual is not applying for benefits for them-
selves, whether or not the individual is deter-
mined, under Federal or State law, to be part
of a family unit receiving assistance under that
program.’’; and
(2) 
in 
section 
1631(e)(9) 
(42 
U.S.C.
1383(e)(9)), by adding at the end the following:
‘‘Collection of information about, and inquiries into,
the immigration status of an individual who is a par-
ent applying on behalf of his or her child who is a
United States citizen or a qualified alien (as defined
in section 431(b) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641(b))) for benefits under this title (or for
benefits supplemented by a State with an agreement
under section 1616), shall not be made if the indi-
vidual is not applying for benefits for themselves,
whether or not the individual is determined, under
Federal or State law, to be part of a family unit re-
ceiving such benefits.’’.
(k) CONFORMING DEFINITION OF ‘‘FAMILY’’ USED
IN LAWS GRANTING WELFARE ACCESS FOR BATTERED
IMMIGRANTS TO STATE FAMILY LAW.—Section 431(c) of
272
the Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1641(c)) is amended—
(1) in paragraph (1)(A), by striking ‘‘by a
spouse or a parent, or by a member of the spouse
or parent’s family residing in the same household as
the alien and the spouse or parent consented to, or
acquiesced in, such battery or cruelty,’’ and insert-
ing ‘‘by a spouse, parent, son, or daughter, or by
any individual having a relationship with the alien
covered by the civil or criminal domestic violence
statutes of the State or Indian country where the
alien resides, or the State or Indian country in
which the alien, the alien’s child, or the alien child’s
parents received a protection order, or by any indi-
vidual against whom the alien could obtain a protec-
tion order,’’; and
(2) in paragraph (2)(A), by striking ‘‘by a
spouse or parent of the alien (without the active par-
ticipation of the alien in the battery or cruelty), or
by a member of the spouse or parent’s family resid-
ing in the same household as the alien and the
spouse or parent consented or acquiesced to such
battery or cruelty,’’ and inserting ‘‘by a spouse, par-
ent, son or daughter of the alien (without the active
participation of the alien in the battery or cruelty)
273
or by any person having a relationship with the alien
covered by the civil or criminal domestic violence
statutes of the State or Indian country where the
alien resides, or the State or Indian country in
which the alien, the alien’s child or the alien child’s
parent received a protection order, or by any individ-
ual against whom the alien could obtain a protection
order,’’.
(l) ENSURING THAT BATTERED IMMIGRANTS HAVE
ACCESS TO FOOD STAMPS AND SSI.—
(1) QUALIFYING
QUARTERS.—Section 435 of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1645) is
amended in paragraph (2) by striking ‘‘and the alien
remains married to such spouse or such spouse is
deceased’’ and inserting ‘‘if such spouse is deceased
or if the alien remains married to such spouse (ex-
cept that qualified aliens covered by section 431(c)
may continue after divorce to count the qualifying
quarters worked by their spouse during the mar-
riage)’’.
(2) FOOD STAMPS ACCESS FOR BATTERED IM-
MIGRANT
QUALIFIED
ALIENS
AND
THEIR
CHIL-
DREN.—Section 741 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996
274
(42 U.S.C. 1751 note) is amended by adding at the
end the following:
‘‘(c) FOOD STAMPS.—Section 7 of the Food Stamp
Act of 1977 (7 U.S.C. 2016) is amended by adding at
the end the following:
‘‘ ‘(k) BATTERED
IMMIGRANT QUALIFIED
ALIEN
ELIGIBILITY FOR FOOD STAMPS.—Qualified alien bat-
tered immigrants under subsection (c) of the Personal Re-
sponsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1641) and their children are eligible to
receive food stamps.’ ’’.
(3) CERTAIN
BATTERED
IMMIGRANT
WOMEN
AND
CHILDREN.—Section 403(b) of the Personal
Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1613(b)) is amended by add-
ing at the end the following:
‘‘(3) CERTAIN BATTERED IMMIGRANT WOMEN
AND
CHILDREN.—Qualified alien battered immi-
grants as defined in section 431(c)(1)(B).’’.
(m) TECHNICAL CORRECTION TO QUALIFIED ALIEN
DEFINITION FOR BATTERED IMMIGRANTS.—
(1) Clause (iii) of section 431(c)(1)(B) of the
Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) is
amended by inserting ‘‘(as in effect before the date
275
of the enactment of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996)’’ after
‘‘pursuant to section 244(a)(3) of such Act’’
[NOTE: The phrase ‘‘pursuant...’’ does not
appear in the law].
(2) Section 431(c)(1)(B) of such Act (8 U.S.C.
1641(c)(1)(B)) is amended by adding at the end the
following:
‘‘(vi) cancellation of removal and ad-
justment of status pursuant to section
240A(b)(2) of such Act;’’
(3) Section 431(c)(2)(B) of such Act (8 U.S.C.
1641(c)(2)(B)) is amended by striking ‘‘clause (ii) of
subparagraph (A)’’ [NOTE: The material to be
struck is not in the law] and inserting ‘‘clause
(i), (ii), (iii), (iv), (v), or (vi) of paragraph (1)(A)’’.
(v) of subparagraph (1)(B) of this subsection’’.
SEC. 639. ACCESS TO LEGAL SERVICES CORPORATION
FUNDS.
(a) STATUTORY CONSTRUCTION ON LEGAL ASSIST-
ANCE FUNDS.—
Section 502 of the Departments of Commerce, Jus-
tice, and State, the Judiciary and Related Agencies Appro-
priations Act, 1998 (Public Law 105–119) is amended by
adding at the end the following:
276
‘‘(c) This section shall not be construed to prohibit
a recipient from—
‘‘(1) using funds derived from a source other
than the Legal Services Corporation to provide relat-
ed legal assistance (as that term is defined in sub-
section (b)(2)) to any alien who has been battered
or subjected to extreme cruelty by a person with
whom the alien has a relationship covered by the do-
mestic violence laws of the State in which the alien
resides or in which an incidence of violence occurred;
‘‘(2) using Legal Services Corporation funds to
provide related legal assistance to any alien who has
been battered or subjected to extreme cruelty who
qualifies for relief under clause (iii), (iv), (v), or (vi)
of section 204(a)(1)(A) or clause (ii), (iii), or (iv) of
section 204(a)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1154(a)(1)(B)).’’.
SEC. 640. VIOLENCE AGAINST WOMEN ACT TRAINING FOR
INS OFFICERS, IMMIGRATION JUDGES, AND
CIVIL AND CRIMINAL COURT JUSTICE SYS-
TEM PERSONNEL.
(a) VIOLENCE AGAINST WOMEN.—
(1) MILITARY TRAINING CONCERNING DOMES-
TIC VIOLENCE.—The Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
277
is amended by adding after section 2006 (42 U.S.C.
3796gg–5) the following new section:
‘‘SEC. 2007. MILITARY TRAINING CONCERNING DOMESTIC
VIOLENCE.
‘‘Each branch of the United States military is re-
quired to train its supervisory military officers on domestic
violence, the dynamics of domestic violence in military
families, the types of protection available for battered im-
migrant women and children in the Violence Against
Women Act, and the problems of domestic violence in fam-
ilies in which a United States citizen or lawful permanent
resident member of the military is married to a non-
United States citizen.’’.
(2) TECHNICAL.—Section 2001(a) of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3795gg(a)) is amended by inserting ‘‘the Im-
migration and Naturalization Service and the Execu-
tive Office of Immigration Review,’’ after ‘‘Indian
tribal governments,’’.
(3) TECHNICAL.—Section 2001(b)(1) of the
Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg(b)(1)) is amended by in-
serting ‘‘, immigration and asylum officers, immigra-
tion judges,’’ after ‘‘law enforcement officers’’.
278
[NOTE: 
Review 
the 
amendments
made by section 102(C) which are dupli-
cative of this] (4) TRAINING.—Section 2001(b)
of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg(b)(1)) is amended—
(A) at the end of paragraph (6) by striking
‘‘and’’;
(B) at the end of paragraph (7) by striking
the period and inserting ‘‘; and’’; and
(C) by inserting after paragraph (7) the
following new paragraph:
‘‘(8) training justice system personnel on the
immigration provisions of the Violence Against
Women Act of 1994 and their ramifications for vic-
tims of domestic violence appearing in civil and
criminal court proceedings and potential immigra-
tion consequences for the perpetrators of domestic
violence.’’.
(b) POWERS OF IMMIGRATION OFFICERS AND EM-
PLOYEES.—
Section 287(g)(10) of the Immigration and National-
ity Act (8 U.S.C. 1357(g)(10)) is amended by adding at
the end the following: ‘‘It is the intent of the Congress
that none of the provisions of this section have the effect
of discouraging crime victim cooperation with law enforce-
279
ment and prosecutors. Public policy favors encouraging
prosecution of criminals and nothing in this section shall
be construed to discourage crime victims and domestic vio-
lence victims from reporting crimes committed against
them to police, from cooperating in criminal prosecutions,
or from obtaining from courts protection orders or other
legal relief needed to protect crime victims from ongoing
violence under State or Federal laws.’’.
(c) REPORT.—Not later than 6 months after the date
of enactment of this Act, the Attorney General shall sub-
mit a report to the Committees on the Judiciary of the
Senate and House of Representatives on—
(1) the number of and processing times of peti-
tions under clauses (iii) and (iv) of section
204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)) and clauses
(ii) and (iii) of section 204(a)(1)(B) (8 U.S.C.
1154(a)(1)(B)) at district offices of the Immigration
and Naturalization Service and at the regional office
of the Service in St. Albans, Vermont;
(2) the policy and procedures of the Immigra-
tion and Naturalization Service by which an alien
who has been battered or subjected to extreme cru-
elty who is eligible for suspension of deportation or
cancellation of removal can place such alien in de-
portation or removal proceedings so that such alien
280
may apply for suspension of deportation or cancella-
tion of removal, the number of requests filed at each
district office under this policy and the number of
these requests granted broken out by District; and
(3) the average length of time at each Immigra-
tion and Naturalization office between the date that
an alien who has been subject to battering or ex-
treme cruelty eligible for suspension of deportation
or cancellation of removal requests to be placed in
deportation or removal proceedings and the date
that immigrant appears before an immigration judge
to file an application for suspension of deportation
or cancellation of removal.
SEC. 641. PROTECTION FOR CERTAIN VICTIMS OF CRIMES
AGAINST WOMEN.
(a) DEFINITION.—
Section 101(a)(27) of the Immigration and National-
ity Act (8 U.S.C. 1101(a)(27)) is amended by adding at
the end the following:
‘‘(M)(i) an immigrant who—
‘‘(I) is a victim of one of the following
crimes committed in the United States: rape,
torture, incest, battery or extreme cruelty, sex-
ual assault, female genital mutilation, forced
281
prostitution, trafficking, being held hostage, or
any other violent crime where—
‘‘(aa) the perpetrator has been ar-
rested;
‘‘(bb) the victim has filed a complaint,
the complaint has been investigated by a
law enforcement agency that referred the
case to a prosecutor;
‘‘(cc) a prosecutor has filed a case
charging the perpetrator;
‘‘(dd) a Federal or State administra-
tive agency has brought an enforcement
action against the perpetrator based upon
actions that would constitute a crime listed
in section 101(a)(27)(v)(I); or
‘‘(ee) a Federal or State court has
made a judicial finding in a civil or crimi-
nal case that actions that would constitute
a crime listed in section 101(a)(27(v)(I)
occurred;
‘‘(II) is a person of good moral character;
and
‘‘(III) can demonstrate that their deporta-
tion will cause extreme hardship to themselves
282
or their children or (in the case of an alien who
is a child) to the alien’s parent; and
‘‘(IV) who submits to the Attorney General
certification from a Federal or State law en-
forcement officer, prosecutor, judge or a Fed-
eral or State administrative staff person respon-
sible for bringing enforcement actions that the
alien is willing to cooperate and has cooperated
in a criminal or civil court action or Federal or
State administrative agency enforcement action.
.
‘‘(ii) For purposes of making good moral char-
acter determinations under this subparagraph, the
Attorney General is not limited by the criminal court
record and may waive the bar to issuing a finding
of good moral character under subsection (f) in the
case of an immigrant who otherwise qualifies for re-
lief under clause (i) despite the existence of any dis-
qualifying act or criminal conviction.
‘‘(iii) For the purposes of this section, traffick-
ing consists of all acts involved in the recruitment,
transportation, or holding of persons within or
across borders, involving deception, coercion or
force, abuse of authority, debt bondage, or fraud for
the purpose of placing persons in situations of abuse
283
or exploitation such as forced prostitution, battering
and extreme cruelty, sweatshop labor, or exploitative
domestic servitude.’’.
(b) ADJUSTMENT OF STATUS FOR CERTAIN VICTIMS
OF CRIMES.—Section 245 of the Immigration and Nation-
ality Act (8 U.S.C. 1255) is amended by adding at the
end the following:
‘‘(l) 
SPECIAL
IMMIGRANT
UNDER
SECTION
101(a)(27)(v).—In applying this section to a special immi-
grant described in section 101(a)(27)(v)—
‘‘(1) such an immigrant shall be deemed, for
purposes of subsection (a), to have been paroled into
the United States; and
‘‘(2) none of the provisions of subsection (c)
shall apply with the exception of subsections (c)(5)
and (c)(6).’’.
(c) CANCELLATION OF REMOVAL FOR CERTAIN VIC-
TIMS OF CRIMES.—Section 240A(b) of the Immigration
and Nationality Act (8 U.S.C. 1229b(b)) is amended by
redesignating paragraph (3) as paragraph (4) and insert-
ing after paragraph (2) the following:
‘‘(3) SPECIAL RULE FOR CERTAIN VICTIMS OF
CRIME.—The Attorney General may cancel removal
of, and adjust to the status of an alien lawfully ad-
mitted for permanent residence, an alien who—
284
‘‘(A) is inadmissible or deportable from the
United States;
‘‘(B) meets the qualifications for designa-
tion as a special immigrant as described in sec-
tion 101(a)(27)(v);
‘‘(C) has been physically present in the
United States for a continuous period of not
less than 3 years immediately preceding the
date of such application;
‘‘(D) the alien has been a person of good
moral character during such period;
‘‘(E) the alien is not admissible under sec-
tion 212(a)(3), is not deportable under para-
graph (1)(G), (3) or (4) of section 237(A) and
has not been convicted of an aggravated felony;
and
‘‘(F) the removal would result in extreme
hardship to the alien, the alien’s child, or (in
the case of an alien who is a child) to the
alien’s parent.’’.
285
Subtitle 
D—Conforming 
Amend-
ments to the Violence Against
Women Act
SEC. 651. LAW ENFORCEMENT AND PROSECUTION GRANTS.
(a) Section 2001(b)(5) of the Omnibus Crime Control
and Law Enforcement Act of 1968 (42 U.S.C.
3796gg(b)(5)) is amended by striking ‘‘to racial, cultural,
ethnic, and language minorities’’ and inserting ‘‘to under-
served populations’’.
(b) Section 2002(d)(1)(D) of the Omnibus Crime
Control and Law Enforcement Act of 1968 (42 U.S.C.
3796gg–1(d)(1)(D)) is amended to read as follows:
‘‘(D) demographic characteristics of the
populations to be served, including marital sta-
tus and the characteristics of any underserved
populations;’’.
(c) Section 2003(7) of the Omnibus Crime Control
and Law Enforcement Act of 1968 (42 U.S.C. 3796gg–
2(7)) is amended to read as follows:
‘‘(7) the term ‘underserved populations’ in-
cludes populations underserved because of race, eth-
nicity, age, disability, sexual orientation, religion,
alienage status, geographic location (including rural
isolation), language barriers, and any other popu-
286
lations determined to be underserved by the State
planning process; and’’.
(d) Section 2004(b)(3) of the Omnibus Crime Control
and Law Enforcement Act of 1968 (42 U.S.C. 3796gg–
3(b)(3)) is amended by striking all that follows ‘‘relation-
ship of victim to offender’’ and inserting ‘‘and the mem-
bership of persons served in any underserved populations;
and’’
SEC. 652. FAMILY VIOLENCE PREVENTION AND SERVICES
ACT.
(a) Section 303(a)(2)(C) of the Family Violence Pre-
vention and Services Act (42 U.S.C. 10402(a)(2)(C)) is
amended by striking ‘‘populations underserved because of
ethnic, racial, cultural, language diversity or geographic
isolation;’’ and inserting ‘‘populations underserved be-
cause of race, ethnicity, age, disability, sexual orientation,
religion, alienage status, geographic location (including
rural isolation), language barriers, and any other popu-
lations determined to be underserved;’’
(b) Section 311(a)(4) (42 U.S.C. 10410(a)(4)) of the
Family Violence Prevention and Services Act is amended
by striking ‘‘underserved racial, ethnic or language-minor-
ity populations’’ and inserting ‘‘underserved populations,
as that term is used in section 303(a)(2)(C)’’.
287
(c) Section 316(e)(4) (42 U.S.C. 10416(e)(4)) is
amended by striking all that follows ‘‘to the provision of
services’’ and inserting ‘‘to underserved populations, as
that term is used in section 303(a)(2)(C); and’’.
TITLE VII—VIOLENCE AGAINST
WOMEN AND THE WORKPLACE
SEC. 701. FINDINGS.
Congress finds that—
(1) victims and their families suffer from crime
and its effects on a daily basis;
(2) domestic crime against adults accounts for
approximately 15 percent of total crime costs in the
United States each year;
(3) violence against women has been reported to
be the leading cause of physical injury to women,
and it has a devastating impact on women’s physical
and emotional health and financial security;
(4) the Department of Justice estimates that
intimate partners commit more than 1,000,000 vio-
lent crimes against women every year;
(5) American workers who have been victims of
crime too often suffer adverse consequences in the
workplace as a result of their experiences as crime
victims;
288
(6) crime victims are particularly vulnerable to
changes in employment, pay, and benefits as a result
of their victimizations, and are, therefore, in need of
legal protection;
(7) the prevalence of violence against women at
work is dramatic: homicide is the leading cause of
death for women on the job; 8 percent of all rapes
occur in the workplace; women who are victims of
violent workplace crimes are twice as likely as men
to know their attackers; husbands, boyfriends, and
ex-partners commit 15 percent of workplace homi-
cides against women; one study found that three-
quarters of battered women who work were harassed
by telephone by their abuser at work;
(8) nearly 50 percent of rape victims lose their
employment or are forced to quit their jobs following
the crime, and one quarter of battered women sur-
veyed have lost a job due in part to the effects of
domestic violence;
(9) the availability of economic support is a
critical factor in battered women’s ability to leave
abusive situations that threaten them and their chil-
dren, and over half of battered women surveyed
stayed with their batterers because they lacked re-
sources to support themselves and their children;
289
(10) according to the National Institute of Jus-
tice, crime costs an estimated $450,000,000,000 an-
nually in medical expenses, lost earnings, social serv-
ice costs, pain, suffering, and reduced quality of life
for victims, all of which harm our Nation’s produc-
tivity and drain our Nation’s resources. Violent
crime accounts for $426,000,000,000 of this
amount;
(11) rape exacts the highest costs-per-victim of
any 
criminal 
offense, 
an 
estimated 
total 
of
$127,000,000,000 per year, and recent govern-
mental estimates indicate that between 300,000 and
600,000 rapes and sexual assaults occur annually in
the United States;
(12) other violent offenses take unacceptably
high tolls on the economy as well, including assault
($93,000,000,000), 
murder 
($71,000,000,000),
drunk 
driving 
(excluding 
fatalities)
($61,000,000,000), 
and 
child 
abuse
($56,000,000,000);
(13) violent crime results in wage losses equiva-
lent to 1 percent of all American earnings, causes 3
percent of the Nation’s medical spending and 14
percent of injury-related medical spending;
290
(14) estimates show that employers pay be-
tween $3,000,000,000 and $5,000,000,000 annually
to cover the cost of crimes against employees and
their families;
(15) surveys of business executives and cor-
porate security directors also underscore the heavy
toll that workplace violence takes on American
women, businesses, and interstate commerce;
(16) 94 percent of corporate security and safety
directors at companies nationwide rank domestic vio-
lence as a high-risk security problem;
(17) 49 percent of senior executives recently
surveyed said domestic violence has a harmful effect
on their company’s productivity, 47 percent said do-
mestic violence negatively affects attendance, and 44
percent said domestic violence increases health care
costs;
(18) only 12 States have enacted statutes for-
bidding employers from taking adverse action
against employees who have been victims of crime
and must participate in the criminal justice process
during working hours, and no State explicitly pro-
tects crime victims from other adverse action which
may result from their experiences and status as
crime victims; and
291
(19) existing Federal law neither expressly au-
thorizes battered women to take leave from work to
seek legal assistance and redress, counseling, or as-
sistance with safety planning activities nor does it
protect crime victims from retaliation, discharge, or
other workplace penalties that may result from their
experiences and status as crime victims.
Subtitle A—National Clearinghouse
on Domestic Violence and Sex-
ual Assault and the Workplace
Grant
SEC. 711. NATIONAL CLEARINGHOUSE ON DOMESTIC VIO-
LENCE AND SEXUAL ASSAULT AND THE
WORKPLACE GRANT.
(a) AUTHORITY.—The Attorney General may make
a grant in accordance with this section to a private, non-
profit entity, tribal organization, or nonprofit private orga-
nization that meets the requirements of subsection (b) in
order to provide for the establishment and operation of
a national clearinghouse and resource center to provide
information and assistance to employers, labor organiza-
tions, and domestic violence and sexual assault advocates
in their efforts to develop and implement appropriate re-
sponses to assist victims of domestic violence and sexual
assault.
292
(b) GRANTEES.—Each applicant for a grant under
subsection (a) shall submit to the Attorney General an ap-
plication, which shall—
(1) demonstrate that the applicant—
(A) has a nationally recognized expertise in
the area of domestic violence and sexual assault
and a record of commitment and quality re-
sponses to reduce domestic violence and sexual
assault; and
(B) will provide matching funds from non-
Federal sources in an amount equal to not less
than 10 percent of the total amount of the
grant under this section; and
(2) include a plan to maximize, to the extent
practicable, outreach to employers (including private
companies, as well as public entities such as univer-
sities and State and local governments) in develop-
ing and implementing appropriate responses to as-
sist employees who are victims of domestic violence
and sexual assault.
(c) USE OF GRANT AMOUNT.—A grant under sub-
section (a) may be used for staff salaries, travel expenses,
equipment, printing, and other reasonable expenses nec-
essary to assemble, maintain, and disseminate to employ-
ers, labor organizations, and domestic violence and sexual
293
assault advocates information on and appropriate re-
sponses to domestic violence and sexual assault,
including—
(1) training materials to promote a better un-
derstanding of appropriate assistance to employee
victims;
(2) conferences and other educational opportu-
nities;
(3) model protocols and workplace policies;
(4) employer and union sponsored victim serv-
ices and outreach counseling; and
(5) assessments of the workplace costs of do-
mestic violence and sexual assault.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$500,000 for each of fiscal years 2000 through 2004.
(e) For purposes of this section:
(1) DOMESTIC VIOLENCE.—The term ‘‘domestic
violence’’ includes acts or threats of violence, not in-
cluding acts of self defense, committed by a current
or former spouse of the victim, by a person with
whom the victim shares a child in common, by a per-
son who is cohabiting with or has cohabited with the
victim, by a person who is or has been in a continu-
ing social relationship of a romantic or intimate na-
294
ture with the victim, by a person similarly situated
to a spouse of the victim under the domestic or fam-
ily violence laws of the jurisdiction, or by any other
person against a victim who is protected from that
person’s acts under the domestic or family violence
laws of the jurisdiction.
(2) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and terri-
torial jurisdiction of the United States or in a Fed-
eral prison and includes both assaults committed by
offenders who are strangers to the victim and as-
saults committed by offenders who are known to the
victim or related by blood or marriage to the victim.
Subtitle B—Victims’ Employment
Rights
SEC. 721. SHORT TITLE.
This subtitle may be cited as the ‘‘Victims’ Employ-
ment Rights Act’’.
SEC. 722. PURPOSES.
The purposes of this subtitle are, pursuant to the af-
firmative power of Congress to enact legislation under sec-
tion 5 of the 14th amendment to the Constitution and
under the portion of section 8 of article I of the Constitu-
295
tion relating to regulation of commerce among the several
States—
(1) to promote the national interest in ensuring
that victims and survivors of domestic violence, sex-
ual assault, and stalking can recover from and cope
with the effects of those crimes and participate in
the criminal and civil justice processes without fear
of adverse economic consequences from their employ-
ers;
(2) to minimize the negative impact on inter-
state commerce from dislocations of employees and
decreases in productivity that may arise when em-
ployees are victimized by those crimes;
(3) to promote the purposes of the 14th amend-
ment by addressing the failure of existing laws to
protect the employment rights of victims of domestic
violence, sexual assault, and stalking and by further-
ing the right of domestic violence, sexual assault,
and stalking victims to employment free from dis-
crimination; and
(4) to accomplish the purposes described in
paragraphs (1), (2), and (3) in a manner that ac-
commodates the legitimate interests of employers
and protects the safety of all persons in the work-
place.
296
SEC. 723. DEFINITIONS.
In this subtitle:
(1) EMPLOYEE.—
(A) IN GENERAL.—The term ‘‘employee’’
means any person employed by an employer. In
the case of an individual employed by a public
agency, such term means an individual em-
ployed as described in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
203(e)).
(B) BASIS.—The term includes a person
employed as described in subparagraph (A) on
a full- or part-time basis, for a fixed time pe-
riod, on a temporary basis, pursuant to a detail,
as an independent contractor, or as a partici-
pant in a work assignment as a condition of re-
ceipt of Federal or State income-based public
assistance.
(2) EMPLOYER.—The term ‘‘employer’’—
(A) means any person engaged in com-
merce or in any industry or activity affecting
commerce who employs individuals; and
(B) includes any person acting directly or
indirectly in the interest of an employer in rela-
tion to an employee, and includes a public agen-
cy, but does not include any labor organization
297
(other than when acting as an employer) or
anyone acting in the capacity of officer or agent
of such labor organization.
(3) PERSON.—The term ‘‘person’’ means an in-
dividual, partnership, association, corporation, busi-
ness trust, legal representative, or any organized
group of individuals.
(4) PUBLIC AGENCY.—The term ‘‘public agen-
cy’’ has the meaning given the term in section 3 of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
SEC. 724. PROHIBITED DISCRIMINATORY ACTS.
An employer shall not fail to hire, refuse to hire, or
discharge any individual, or otherwise discriminate (in-
cluding retaliation in any form or manner) against any
individual with respect to compensation, terms, conditions,
or privileges of employment because the individual—
(1) is or is perceived to be a victim of domestic
violence, sexual assault, or stalking;
(2) attended, participated in, prepared for, or
requested leave to attend, participate in, or prepare
for a criminal or civil court proceeding relating to an
incident of domestic violence, sexual assault, or
stalking of which the employee was a victim;
298
(3) requested an adjustment to a job structure
or workplace facility, including a transfer, reassign-
ment, or modified schedule, leave, a changed tele-
phone number or seating assignment, or installation
of a lock or implementation of a safety procedure, in
response to actual or threatened domestic violence,
sexual assault, or stalking, regardless of whether the
request was granted; or
(4) because the actions of a person who the em-
ployee states has committed or threatened to commit
domestic violence, sexual assault, or stalking against
such employee or the employee’s children has dis-
rupted the workplace.
SEC. 725. ENFORCEMENT.
(a) CIVIL ACTION BY EMPLOYEES.—
(1) LIABILITY.—Any employer who violates sec-
tion 724 shall be liable to any employee affected—
(A) for damages equal to the amount of
wages, salary, employment benefits (as defined
in section 101 of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2611)), or any other
compensation denied to or lost by such em-
ployee by reason of the violation, and the inter-
est on that amount calculated at the prevailing
rate;
299
(B) compensatory damages, including fu-
ture pecuniary losses, emotional pain, suffering,
inconvenience, mental anguish, loss of enjoy-
ment or life, and other nonpecuniary losses;
(C) such punitive damages, up to 3 times
the amount of actual damages sustained, as the
finder of fact shall determine to be appropriate;
and
(D) for such equitable relief as may be ap-
propriate, including employment, reinstatement,
and promotion.
(2) RIGHT OF ACTION.—An action to recover
the damages or equitable relief prescribed in para-
graph (1) may be maintained against any employer
(including a public agency) in any Federal or State
court of competent jurisdiction by any one or more
employees.
(b) ACTION BY DEPARTMENT OF JUSTICE.—The At-
torney General may bring a civil action in any Federal
or State court of competent jurisdiction to recover the
damages described in subsection (a)(1).
SEC. 726. ATTORNEY’S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C.
1988(b)) is amended in the last sentence, by inserting
300
‘‘the Victims’ Employment Rights Act,’’ after ‘‘title VI of
the Civil Rights Act of 1964,’’.
Subtitle 
C—Workplace 
Violence
Against Women Prevention Tax
Credit
SEC. 731. SHORT TITLE.
This subtitle may be cited as the ‘‘Workplace Vio-
lence Against Women Prevention Tax Credit Act’’.
SEC. 732. CREDIT FOR COSTS TO EMPLOYERS OF IMPLE-
MENTING WORKPLACE SAFETY PROGRAMS
TO COMBAT VIOLENCE AGAINST WOMEN.
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
‘‘SEC. 45D. WORKPLACE SAFETY PROGRAM CREDIT.
‘‘(a) IN GENERAL.—For purposes of section 38, the
workplace safety program credit determined under this
section for the taxable year is, for any employer, an
amount equal to 40 percent of the violence against women
safety and education costs paid or incurred by such em-
ployer during the taxable year.
‘‘(b) DEFINITIONS.—In this section—
‘‘(1) VIOLENCE AGAINST WOMEN SAFETY AND
EDUCATION COST.—
301
‘‘(A) IN
GENERAL.—The term ‘violence
against women safety and education cost’
means any cost certified by the Attorney Gen-
eral to the Secretary as being for the purpose
of—
‘‘(i) ensuring the safety of employees
from violent crimes against women,
‘‘(ii) providing assistance to employ-
ees, their spouses, and dependents of em-
ployees with respect to violent crimes
against women,
‘‘(iii) providing legal or medical serv-
ices to employees and the spouses and de-
pendents of employees subjected to, or at
risk from, violent crimes against women,
‘‘(iv) educating employees about the
issue of violent crimes against women, or
‘‘(v) implementing human resource or
personnel policies initiated to protect em-
ployees from violent crimes against women
or to support employees who have been vic-
tims of violent crimes against women.
‘‘(B) TYPES
OF
COSTS.—Such term in-
cludes costs certified by the Attorney General to
the Secretary as being for the purpose of—
302
‘‘(i) the hiring of new security person-
nel in order to address violent crimes
against women,
‘‘(ii) the creation of buddy systems or
escort systems for walking employees to
parking lots, parked cars, subway stations,
or bus stops, in order to address violent
crimes against women,
‘‘(iii) the purchase or installation of
new security equipment, including surveil-
lance equipment, lighting fixtures, cardkey
access systems, and identification systems,
in order to address violent crimes against
women,
‘‘(iv) the establishment of an employee
assistance line or other employee assist-
ance services in order to address violent
crimes against women, for the use of indi-
vidual employees, including counseling or
referral services undertaken in consultation
and coordination with national, State, trib-
al, or local domestic violence and sexual as-
sault coalitions or programs,
‘‘(v) the retention of an attorney to
provide legal services to employees seeking
303
restraining orders or other legal recourse
from violent crimes against women,
‘‘(vi) the establishment of medical
services addressing the medical needs of
employees who are victims of violent crimes
against women,
‘‘(vii) the retention of a financial ex-
pert or an accountant to provide financial
counseling to employees seeking to escape
from violent crimes against women,
‘‘(viii) the establishment of an edu-
cation program for employees, consisting of
seminars or training sessions about violent
crimes against women undertaken in con-
sultation and coordination with national,
State, tribal, or local domestic violence and
sexual assault coalitions or programs,
‘‘(ix) studies of the cost, impact, or
extent of violent crimes against women at
the employer’s place of business, if such
studies are made available to the public
and protect the identity of employees in-
cluded in the study,
‘‘(x) the publication of a regularly dis-
seminated newsletter or other regularly
304
disseminated educational materials about
violent crimes against women,
‘‘(xi) the implementation of leave poli-
cies for the purpose of allowing or accom-
modating the needs of victims of violent
crimes against women to pursue legal re-
dress against assailants, including leave
from work to attend meetings with attor-
neys, to give evidentiary statements or
depositions, and to attend hearings or
trials in court,
‘‘(xii) the implementation of flexible
work policies for the purpose of allowing or
accommodating the needs of employees
who are victims of violent crimes against
women, or employees at risk with respect
to such crimes, to avoid assailants,
‘‘(xiii) the implementation of transfer
policies for the purpose of allowing or ac-
commodating the needs of employees sub-
jected to violent crimes against women to
change office locations within the company
in order to avoid assailants or to allow the
transfer of an employee who has per-
petrated violent crimes against women in
305
order to protect the victim, including pay-
ment of costs for the transfer and reloca-
tion of an employee to another city, coun-
ty, State, or country for the purpose of
maintaining an employee’s safety from vio-
lent crimes against women, or
‘‘(xiv) the provision of any of the serv-
ices described in clauses (iv) through (viii)
to the spouses or dependents of employees.
‘‘(C) NOTIFICATION
OF
POSSIBLE
TAX
CONSEQUENCES.—In no event shall any cost for
goods or services which may be included in the
income of any employee receiving or benefiting
from such goods or services be treated as a vio-
lence against women safety and education cost
unless the employer notifies the employee in
writing of the possibility of such inclusion.
‘‘(2) VIOLENT CRIMES AGAINST WOMEN.—
‘‘(A) IN
GENERAL.—The term ‘violent
crimes against women’ includes sexual assault
and domestic violence.
‘‘(B) DOMESTIC
VIOLENCE.—The term
‘domestic violence’ includes acts or threats of
violence, not including acts of self defense, com-
mitted by a current or former spouse of the vic-
308
‘‘(9) NO CARRYBACK OF SECTION 45D CREDIT
BEFORE EFFECTIVE DATE.—No portion of the un-
used business credit for any taxable year which is
attributable to the workplace safety program credit
determined under section 45D may be carried back
to a taxable year beginning on or before the date of
the enactment of section 45D.’’
(3) DEDUCTION FOR UNUSED CREDITS.—Sub-
section (c) of section 196 of such Code (relating to
deduction for certain unused business credits) is
amended by striking ‘‘and’’ at the end of paragraph
(7), by striking the period at the end of paragraph
(8) and inserting ‘‘, and’’, and by adding at the end
the following:
‘‘(9) the workplace safety program credit deter-
mined under section 45D.’’
(c) CREDIT NOT A DEFENSE IN LEGAL ACTIONS.—
The allowance of a credit under section 45D of the Inter-
nal Revenue Code of 1986 (as added by this subtitle) shall
not absolve employers of their responsibilities under any
other law and shall not be construed as a defense to any
legal action (other than legal action by the Secretary of
the Treasury under such Code).
(d) CLERICAL AMENDMENT.—The table of sections
for subpart D of part IV of subchapter A of chapter 1
309
of such Code is amended by adding at the end the follow-
ing:
‘‘Sec. 45D. Workplace safety program credit.’’
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
the date of the enactment of this Act.
Subtitle D—Battered Women’s
Employment Protection
SEC. 741. SHORT TITLE.
This subtitle may be cited as the ‘‘Battered Women’s
Employment Protection Act’’.
SEC. 742. PURPOSES.
The purposes of this subtitle are, pursuant to the af-
firmative power of Congress to enact legislation under sec-
tion 5 of the 14th amendment to the Constitution and
under the portions of section 8 of article I of the Constitu-
tion relating to providing for the general welfare and to
regulation of commerce among the several States—
(1) to promote the national interest in reducing
domestic violence by enabling victims of domestic vi-
olence to maintain the financial independence nec-
essary to leave abusive situations, to achieve safety
and minimize the physical and emotional injuries
from domestic violence, and to reduce the devastat-
ing economic consequences of domestic violence to
employers and employees, by—
310
(A) providing unemployment insurance for
victims of domestic violence who are forced to
leave their employment as a result of domestic
violence; and
(B) entitling employed victims of domestic
violence to take reasonable leave under the
Family and Medical Leave Act of 1993 (29
U.S.C. 2601 et seq.) to seek medical help, legal
assistance, counseling, and safety planning and
assistance without penalty from their employ-
ers;
(2) to promote the purposes of the 14th amend-
ment by protecting the civil and economic rights of
victims of domestic violence and by furthering the
equal opportunity of women for employment and
economic self-sufficiency;
(3) to minimize the negative impact on inter-
state commerce from dislocations of employees and
harmful effects on productivity, health care costs,
and employer costs, caused by domestic violence; and
(4) to accomplish the purposes described in
paragraphs (1), (2), and (3) in a manner that ac-
commodates the legitimate interests of employers.
311
SEC. 743. UNEMPLOYMENT COMPENSATION.
(a) UNEMPLOYMENT COMPENSATION.—Section 3304
of the Internal Revenue Code of 1986 is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of para-
graph (18);
(B) by striking the period at the end of
paragraph (19) and inserting ‘‘; and’’; and
(C) by inserting after paragraph (19) the
following:
‘‘(20) compensation is to be provided where an
individual is separated from employment due to cir-
cumstances directly resulting from the individual’s
experience of domestic violence.’’; and
(2) by adding at the end the following:
‘‘(g) CONSTRUCTION.—
‘‘(1) IN GENERAL.—For purposes of subsection
(a)(20), an employee’s separation from employment
shall be treated as due to circumstances directly re-
sulting from the individual’s experience of domestic
violence if the separation resulted from—
‘‘(A) the employee’s reasonable fear of fu-
ture domestic violence at or en route to or from
the employee’s place of employment;
‘‘(B) the employee’s wish to relocate to an-
other geographic area in order to avoid future
312
domestic violence against the employee or the
employee’s family;
‘‘(C) the employee’s need to recover from
traumatic stress resulting from the employee’s
experience of domestic violence;
‘‘(D) the employer’s denial of the employ-
ee’s request for the temporary leave from em-
ployment authorized by section 102 of the Fam-
ily and Medical Leave Act of 1993 to address
domestic violence and its effects; or
‘‘(E) any other circumstance in which do-
mestic violence causes the employee to reason-
ably believe that termination of employment is
necessary for the future safety of the employee
or the employee’s family.
‘‘(2) REASONABLE
EFFORTS
TO
RETAIN
EM-
PLOYMENT.—For purposes of subsection (a)(20), if
State law requires the employee to have made rea-
sonable efforts to retain employment as a condition
for receiving unemployment compensation, such re-
quirement shall be met if the employee—
‘‘(A) sought protection from, or assistance
in responding to, domestic violence, including
calling the police or seeking legal, social work,
medical, clerical, or other assistance;
313
‘‘(B) sought safety, including refuge in a
shelter or temporary or permanent relocation,
whether or not the employee actually obtained
such refuge or accomplished such relocation; or
‘‘(C) reasonably believed that options such
as taking a leave of absence, transferring jobs,
or receiving an alternative work schedule would
not be sufficient to guarantee the employee or
the employee’s family’s safety.
‘‘(3) ACTIVE SEARCH FOR EMPLOYMENT.—For
purposes of subsection (a)(20), if State law requires
the employee to actively search for employment after
separation from employment as a condition for re-
ceiving unemployment compensation, such require-
ment shall be treated as met where the employee is
temporarily unable to actively search for employment
because the employee is engaged in seeking safety or
relief for the employee or the employee’s family from
domestic violence, including—
‘‘(A) going into hiding or relocating or at-
tempting to do so, including activities associ-
ated with such hiding or relocation, such as
seeking to obtain sufficient shelter, food, school-
ing for children, or other necessities of life for
the employee or the employee’s family;
314
‘‘(B) actively pursuing legal protection or
remedies, including meeting with the police,
going to court to make inquiries or file papers,
meeting with attorneys, or attending court pro-
ceedings; or
‘‘(C) participating in psychological, social,
or religious counseling or support activities to
assist the employee in coping with domestic vio-
lence.
‘‘(4) PROVISION
OF
INFORMATION
TO
MEET
CERTAIN REQUIREMENTS.—In determining if an em-
ployee meets the requirements of paragraphs (1),
(2), and (3), the unemployment agency of the State
in which an employee is requesting unemployment
compensation by reason of subsection (a)(20) may
require the employee to provide—
‘‘(A) a written statement describing the
domestic violence and its effects;
‘‘(B) documentation of the domestic vio-
lence, such as police or court records, or docu-
mentation from a shelter worker or an employee
of a domestic violence program, an attorney, a
clergy member, or a medical or other profes-
sional from whom the employee has sought as-
315
sistance in addressing domestic violence and its
effects; or
‘‘(C) other corroborating evidence, such as
a statement from any other individual with
knowledge of the circumstances which provide
the basis for the claim, or physical evidence of
domestic violence, such as photographs, torn or
bloody clothes, or other damaged property.
All evidence of domestic violence experienced by an
employee, including an employee’s statement, any
corroborating evidence, and the fact that an em-
ployee has applied for or inquired about unemploy-
ment compensation available by reason of subsection
(a)(20) shall be retained in the strictest confidence
of such State unemployment agency, except to the
extent the disclosure is requested, or consented to,
by the employee for the purpose of protecting the
employee or the employee’s family member’s safety
or assisting in documenting domestic violence for a
court or agency.’’.
(b) SOCIAL SECURITY PERSONNEL TRAINING.—Sec-
tion 303(a) of the Social Security Act (42 U.S.C. 503(a))
is amended by redesignating paragraphs (4) through (10)
as paragraphs (5) through (11), respectively, and by add-
ing after paragraph (3) the following:
316
‘‘(4) Such methods of administration as will en-
sure that claims reviewers and hearing personnel are
adequately trained in the nature and dynamics of
domestic violence and in methods of ascertaining
and keeping confidential information about possible
experiences of domestic violence, so that employee
separations stemming from domestic violence are re-
liably screened, identified, and adjudicated, and full
confidentiality is provided for the employee’s claim
and submitted evidence.’’.
(c) DEFINITIONS.—Section 3306 of the Internal Rev-
enue Code of 1986 is amended by adding at the end the
following:
‘‘(u) DOMESTIC VIOLENCE.—The term ‘domestic vio-
lence’ has the meaning given the term in section 2 of the
Violence Against Women Act of 1999.’’.
SEC. 744. ENTITLEMENT TO LEAVE FOR ADDRESSING DO-
MESTIC VIOLENCE FOR NON-FEDERAL EM-
PLOYEES.
(a) DEFINITIONS.—Section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended
by adding at the end the following:
‘‘(14) ADDRESSING DOMESTIC VIOLENCE AND
ITS EFFECTS.—The term ‘addressing domestic vio-
lence and its effects’ means—
317
‘‘(A) an inability to attend or perform
work due to an incident of domestic violence,
including an act or threat of violence, stalking,
coercion, or harassment;
‘‘(B) seeking medical attention for or re-
covering from injuries caused by domestic vio-
lence;
‘‘(C) seeking legal assistance or remedies,
including communicating with the police or an
attorney, or participating in any legal proceed-
ing, related to domestic violence;
‘‘(D) obtaining services from a domestic vi-
olence shelter or program or rape crisis center;
‘‘(E) obtaining psychological counseling re-
lated to experiences of domestic violence;
‘‘(F) participating in safety planning and
other actions to increase safety from future do-
mestic violence, including temporary or perma-
nent relocation; and
‘‘(G) participating in any other activity ne-
cessitated by domestic violence that must be un-
dertaken during the hours of employment in-
volved.
‘‘(15) DOMESTIC VIOLENCE.—The term ‘domes-
tic violence’ has the meaning given the term in sec-
318
tion 2 of the Violence Against Women Act of
1999.’’.
(b) LEAVE REQUIREMENT.—Section 102 of such Act
(29 U.S.C. 2612) is amended—
(1) in subsection (a)(1), by adding at the end
the following:
‘‘(E) In order to care for the son, daugh-
ter, or parent of the employee, if such son,
daughter, or parent is addressing domestic vio-
lence and its effects.
‘‘(F) Because the employee is addressing
domestic violence and its effects, which make
the employee unable to perform the functions of
the position of such employee.’’;
(2) in subsection (b), by adding at the end the
following:
‘‘(3) DOMESTIC VIOLENCE.—Leave under sub-
paragraph (E) or (F) of subsection (a)(1) may be
taken by an eligible employee intermittently or on a
reduced leave schedule. The taking of leave intermit-
tently or on a reduced leave schedule pursuant to
this paragraph shall not result in a reduction in the
total amount of leave to which the employee is enti-
tled under subsection (a) beyond the amount of leave
actually taken.’’; and
319
(3) in subsection (d)(2)(B), by striking ‘‘(C) or
(D)’’ and inserting ‘‘(C), (D), (E), or (F)’’.
(c) CERTIFICATION.—Section 103 of such Act (29
U.S.C. 2613) is amended—
(1) in the title of the section, by inserting be-
fore the period the following: ‘‘; CONFIDENTIAL-
ITY’’; and
(2) by adding at the end the following:
‘‘(f) DOMESTIC VIOLENCE.—In determining if an em-
ployee meets the requirements of subparagraph (E) or (F)
of section 102(a)(1), the employer of an employee may re-
quire the employee to provide—
‘‘(1) a written statement describing the domes-
tic violence and its effects;
‘‘(2) documentation of the domestic violence in-
volved, such as a police or court record, or docu-
mentation from a shelter worker, attorney, member
of the clergy, or medical or other professional from
whom the employee has sought assistance in ad-
dressing domestic violence and its effects; or
‘‘(3) other corroborating evidence, such as a
statement from any other individual with knowledge
of the circumstances that provide the basis for the
claim of domestic violence, or physical evidence of
320
domestic violence, such as a photograph, torn or
bloody clothing, or any other damaged property.
‘‘(g) CONFIDENTIALITY.—All evidence provided to
the employer under subsection (f) of domestic violence ex-
perienced by an employee or the son, daughter, or parent
of an employee, including a statement of an employee, any
other documentation or corroborating evidence, and the
fact that an employee has requested leave for the purpose
of addressing, or caring for a son, daughter, or parent who
is addressing, domestic violence and its effects, shall be
retained in the strictest confidence by the employer, except
to the extent that disclosure is consented to, or requested
by, the employee for the purpose of—
‘‘(1) protecting the safety of the employee or
the employee’s family member or a coworker of the
employee; or
‘‘(2) assisting in documenting domestic violence
for a court or agency.’’.
SEC. 745. ENTITLEMENT TO LEAVE FOR ADDRESSING DO-
MESTIC VIOLENCE FOR FEDERAL EMPLOY-
EES.
(a) DEFINITIONS.—Section 6381 of title 5, United
States Code, is amended—
(1) at the end of paragraph (5), by striking
‘‘and’’;
321
(2) in paragraph (6), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
‘‘(7) the term ‘addressing domestic violence and
its effects’ means—
‘‘(A) an inability to attend or perform
work due to an incident of domestic violence,
including an act or threat of violence, stalking,
coercion, or harassment;
‘‘(B) seeking medical attention for or re-
covering from injuries caused by domestic vio-
lence;
‘‘(C) seeking legal assistance or remedies,
including communicating with the police or an
attorney, or participating in any legal proceed-
ing, related to domestic violence;
‘‘(D) obtaining services from a domestic vi-
olence shelter or program or rape crisis center;
‘‘(E) obtaining psychological counseling re-
lated to experiences of domestic violence;
‘‘(F) participating in safety planning and
other actions to increase safety from future do-
mestic violence, including temporary or perma-
nent relocation; and
322
‘‘(G) participating in any other activity ne-
cessitated by domestic violence that must be un-
dertaken during the hours of employment in-
volved; and
‘‘(8) the term ‘domestic violence’ has the mean-
ing given the term in section 2 of the Violence
Against Women Act of 1999.’’.
(b) LEAVE REQUIREMENT.—Section 6382 of title 5,
United States Code, is amended—
(1) in subsection (a)(1), by adding at the end
the following:
‘‘(E) In order to care for the son, daughter, or
parent of the employee, if such son, daughter, or
parent is addressing domestic violence and its ef-
fects.
‘‘(F) Because the employee is addressing do-
mestic violence and its effects, which make the em-
ployee unable to perform the functions of the posi-
tion of such employee.’’;
(2) in subsection (b), by adding at the end the
following:
‘‘(3) DOMESTIC VIOLENCE.—Leave under sub-
paragraph (E) or (F) of subsection (a)(1) may be
taken by an employee intermittently or on a reduced
leave schedule. The taking of leave intermittently or
323
on a reduced leave schedule pursuant to this para-
graph shall not result in a reduction in the total
amount of leave to which the employee is entitled
under subsection (a) beyond the amount of leave ac-
tually taken.’’; and
(3) in subsection (d), by striking ‘‘(C), or (D)’’
and inserting ‘‘(C), (D), (E), or (F)’’.
(c) CERTIFICATION.—Section 6383 of title 5, United
States Code, is amended—
(1) in the section heading, by adding at the end
the following: ‘‘; confidentiality’’; and
(2) by adding at the end the following:
‘‘(f) In determining if an employee meets the require-
ments of subparagraph (E) or (F) of section 6382(a)(1),
the employing agency of an employee may require the em-
ployee to provide—
‘‘(1) a written statement describing the domes-
tic violence and its effects;
‘‘(2) documentation of the domestic violence in-
volved, such as a police or court record, or docu-
mentation from a shelter worker, attorney, member
of the clergy, or medical or other professional from
whom the employee has sought assistance in ad-
dressing domestic violence and its effects; or
324
‘‘(3) other corroborating evidence, such as a
statement from any other individual with knowledge
of the circumstances that provide the basis for the
claim of domestic violence, or physical evidence of
domestic violence, such as a photograph, torn or
bloody clothing, or other damaged property.
‘‘(g) All evidence provided to the employing agency
under subsection (f) of domestic violence experienced by
an employee or the son, daughter, or parent of an em-
ployee, including a statement of an employee, any other
documentation or corroborating evidence, and the fact
that an employee has requested leave for the purpose of
addressing, or caring for a son, daughter, or parent who
is addressing, domestic violence and its effects, shall be
retained in the strictest confidence by the employing agen-
cy, except to the extent that disclosure is—
‘‘(1) consented to by the employee for the pur-
pose of protecting the safety of the employee or a co-
worker of the employee; or
‘‘(2) requested by the employee to document do-
mestic violence for a court or agency.’’.
SEC. 746. EXISTING LEAVE USABLE FOR DOMESTIC VIO-
LENCE.
(a) DEFINITIONS.—In this section:
325
(1) ADDRESSING DOMESTIC VIOLENCE AND ITS
EFFECTS.—The term ‘‘addressing domestic violence
and its effects’’ has the meaning given the term in
section 101 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611), as amended by section
744(a).
(2) EMPLOYEE.—The term ‘‘employee’’ means
any person employed by an employer. In the case of
an individual employed by a public agency, such
term means an individual employed as described in
section 3(e) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(e)).
(3) EMPLOYER.—The term ‘‘employer’’—
(A) means any person engaged in com-
merce or in any industry or activity affecting
commerce who employs individuals, if such per-
son is also subject to the Family and Medical
Leave Act of 1993 (29 U.S.C. 2601 et seq.) or
to any provision of a State or local law, collec-
tive bargaining agreement, or employment bene-
fits program or plan, addressing paid or unpaid
leave from employment (including family, medi-
cal, sick, annual, personal, or similar leave);
and
326
(B) includes any person acting directly or
indirectly in the interest of an employer in rela-
tion to any employee, and includes a public
agency, which is subject to a law, agreement,
program, or plan described in subparagraph
(A), but does not include any labor organization
(other than when acting as an employer) or
anyone acting in the capacity of officer or agent
of such labor organization.
(4) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ has the meaning given the term
in section 101 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611).
(5) PARENT; SON OR DAUGHTER.—The terms
‘‘parent’’ and ‘‘son or daughter’’ have the meanings
given the terms in section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611).
(6) PUBLIC AGENCY.—The term ‘‘public agen-
cy’’ has the meaning given the term in section 3 of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
(b) USE OF EXISTING LEAVE.—An employee who is
entitled to take paid or unpaid leave (including family,
medical, sick, annual, personal, or similar leave) from em-
ployment, pursuant to State or local law, a collective bar-
327
gaining agreement, or an employment benefits program or
plan, shall be permitted to use such leave for the purpose
of addressing domestic violence and its effects, or for the
purpose of caring for a son or daughter or parent of the
employee, if such son or daughter or parent is addressing
domestic violence and its effects.
(c) CERTIFICATION.—In determining whether an em-
ployee qualifies to use leave as described in subsection (b),
an employer may require documentation of domestic vio-
lence or corroborating evidence consistent with section
103(f) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2613(f)), as amended by section 744(c).
(d) CONFIDENTIALITY.—All evidence provided to the
employer under subsection (c) of domestic violence experi-
enced by an employee or the son or daughter or parent
of the employee, including a statement of an employee,
any other documentation or corroborating evidence, and
the fact that the employee has requested leave for the pur-
pose of addressing, or caring for a son or daughter or par-
ent who is addressing, domestic violence and its effects,
shall be retained in the strictest confidence by the em-
ployer, except to the extent that disclosure is—
(1) consented to by the employee for the pur-
pose of protecting the safety of the employee or a co-
worker of the employee; or
328
(2) requested by the employee to assist in docu-
menting domestic violence for a court or agency.
(e) PROHIBITED ACTS.—
(1) INTERFERENCE WITH RIGHTS.—
(A) EXERCISE OF RIGHTS.—It shall be un-
lawful for any employer to interfere with, re-
strain, or deny the exercise of or the attempt to
exercise, any right provided under subsection
(b).
(B) DISCRIMINATION.—It shall be unlaw-
ful for any employer to discharge or in any
other manner discriminate against an individual
for opposing any practice made unlawful by
subparagraph (A).
(2) INTERFERENCE WITH PROCEEDINGS OR IN-
QUIRIES.—It shall be unlawful for any person to dis-
charge or in any other manner discriminate against
any individual because such individual—
(A) has filed any charge, or had instituted
or caused to be instituted any proceeding,
under or related to this section;
(B) has given, or is about to give, any in-
formation in connection with any inquiry or
proceeding relating to any right provided under
subsection (b); or
329
(C) has testified, or is about to testify, in
any inquiry or proceeding relating to any right
provided under subsection (b).
(f) ENFORCEMENT.—
(1) PUBLIC ENFORCEMENT.—The Secretary of
Labor shall have the powers set forth in subsections
(b), (c), (d), and (e) of section 107 of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2617)
for the purpose of public agency enforcement of any
alleged violation of subsection (e) against any em-
ployer.
(2) PRIVATE
ENFORCEMENT.—The remedies
and procedures set forth in subsection (a) of section
107 of the Family and Medical Leave Act of 1993
shall be the remedies and procedures pursuant to
which an employee may initiate a legal action
against an employer for alleged violations of sub-
section (e).
(3) REFERENCES.—For purposes of paragraph
(1) and (2), references in section 107 of the Family
and Medical Leave Act of 1993 to section 105 of
such Act shall be considered to be references to sub-
section (e) of this section.
(4) 
EMPLOYER
LIABILITY
UNDER
OTHER
LAWS.—Nothing in this section shall be construed to
330
limit the liability of an employer to an employee for
harm suffered relating to the employee’s experience
of domestic violence pursuant to any other Federal
or State law, including a law providing for a legal
remedy.
SEC. 747. EFFECT ON OTHER LAWS AND EMPLOYMENT BEN-
EFITS.
(a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO-
GRAMS, AND PLANS.—Nothing in this subtitle or the
amendments made by this subtitle shall be construed to
supersede any provision of any Federal, State, or local
law, collective bargaining agreement, or other employment
benefits program or plan that provides greater unemploy-
ment compensation or leave benefits for employed victims
of domestic violence than the rights established under this
subtitle or such amendments.
(b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO-
GRAMS, AND PLANS.—The rights established for employ-
ees under this subtitle or the amendments made by this
subtitle shall not be diminished by any State or local law,
collective bargaining agreement, or employment benefits
program or plan.
SEC. 748. EFFECTIVE DATE.
(a) GENERAL RULE.—Except as provided in sub-
section (b), this subtitle and the amendments made by this
331
subtitle take effect 180 days after the date of enactment
of this Act.
(b) UNEMPLOYMENT COMPENSATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by section 743
shall apply in the case of compensation paid for
weeks beginning on or after the expiration of 180
days from the date of enactment of this Act.
(2) MEETING OF STATE LEGISLATURE.—
(A) IN
GENERAL.—If the Secretary of
Labor identifies a State as requiring a change
to its statutes or regulations in order to comply
with the amendments made by section 743, the
amendments made by section 743 shall apply in
the case of compensation paid for weeks begin-
ning after the earlier of—
(i) the date the State changes its stat-
utes or regulations in order to comply with
the amendments made by this section; or
(ii) the end of the first session of the
State legislature which begins after the
date of enactment of this Act or which
began prior to such date and remained in
session for at least 25 calendar days after
such date;
332
except that in no case shall the amendments
made by this Act apply before the date that is
180 days after the date of enactment of this
Act.
(B) SESSION
DEFINED.—In this para-
graph, the term ‘‘session’’ means a regular, spe-
cial, budget, or other session of a State legisla-
ture.
Subtitle E—Education and Train-
ing 
Grants 
To 
Promote 
Re-
sponses 
to 
Violence 
Against
Women
SEC. 751 EDUCATION AND TRAINING GRANTS TO PROMOTE
APPROPRIATE 
RESPONSES 
TO 
VIOLENCE
AGAINST WOMEN.
(a) AUTHORITY.—The Attorney General may make
grants in accordance with this section to public and pri-
vate nonprofit nongovernmental entities including tribally
chartered organizations and nonprofit organizations oper-
ating within the boundaries of an Indian reservation whose
governing body reflects the populations served that, in the
determination of the Attorney General, have—
(1) recognized expertise in the area of domestic
violence and sexual assault;
333
(2) a record of commitment and quality re-
sponses to reduce domestic violence and sexual as-
sault; and
(3) demonstrated collaboration and cooperation
with groups or individuals with recognized expertise
in assisting individuals who are eligible for the
grants described in subsection (b).
(b) GRANTS.—
(1) PURPOSE.—Grants under subsection (a)
shall be used for the purposes of developing, testing,
presenting, and disseminating model programs to
provide education and training to individuals likely
to come into contact with victims of domestic vio-
lence or sexual assault or the dependents of domestic
violence or sexual assault victims due to their em-
ployment responsibilities, including—
(A) campus personnel, such as administra-
tors, housing officers, resident advisers, coun-
selors, and others;
(B) caseworkers, supervisors, administra-
tors, administrative law judges, and other indi-
viduals administering Federal and State bene-
fits programs, such as child welfare and child
protective services, Temporary Assistance to
Needy Families, social security disability, child
334
support, Medicaid, unemployment, workers’
compensation, and similar programs;
(C) justice system professionals, such as
court personnel, guardians ad litem and other
individuals appointed to represent or evaluate
children, probation and parole officers, bail
commissioners, judges, immigration judges, im-
migration officers, and attorneys;
(D) mental and behavioral health profes-
sionals, such as psychologists, psychiatrists, so-
cial workers, therapists, counselors, and others;
(E) religious professionals and lay employ-
ees;
(F) professionals who regularly work with
children such as child care providers, both cen-
ter and home-based, teachers, school adminis-
trators, school counselors, and school health
care professionals; and
(G) health care professionals, such as
those from the fields of medicine, osteopathy,
and nursing, physicians’ assistants, and allied
health professionals.
(2) PRIORITY.—In awarding such grants, the
Attorney General shall give priority to the individual
areas, professions, and personnel described in sub-
335
paragraphs (A) through (G) of paragraph (1) that
are currently being supported less extensively by
other Federal, State, and private funding sources, as
well as those that address the needs of underserved
populations (as that term is defined in section
2003(7) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg–2(7) as
amended by section 651(c)).
(3) TRIBAL
ORGANIZATIONS
ELIGIBILITY.—
Nothing shall preclude tribally chartered organiza-
tions and nonprofit organizations located within the
boundaries of an Indian reservation from eligibility
for grants under this section.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$5,000,000 each for domestic violence and sexual assault
programs for each of fiscal years 2000 through 2004.
(d) For purposes of this section:
(1) DOMESTIC VIOLENCE.—The term ‘‘domes-
tic violence’’ includes acts or threats of violence, not
including acts of self defense, committed by a cur-
rent or former spouse of the victim, by a person with
whom the victim shares a child in common, by a per-
son who is cohabiting with or has cohabited with the
victim, by a person who is or has been in a continu-
336
ing social relationship of a romantic or intimate na-
ture with the victim, by a person similarly situated
to a spouse of the victim under the domestic or fam-
ily violence laws of the jurisdiction, or by any other
person against a victim who is protected from that
person’s acts under the domestic or family violence
laws of the jurisdiction.
(2) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and terri-
torial jurisdiction of the United States or in a Fed-
eral prison and includes both assaults committed by
offenders who are strangers to the victim and as-
saults committed by offenders who are known to the
victim or related by blood or marriage to the victim.
Subtitle F—Workers’ Compensation
SEC. 761. SENSE OF CONGRESS REGARDING WORKPLACE
VIOLENCE AGAINST WOMEN AND WORKERS’
COMPENSATION.
(a) FINDINGS.—Congress finds the following:
(1) Women are frequently denied legal redress
to recover for losses that have resulted from the
workplace violence.
337
(2) Women are denied workers’ compensation
recovery if they are deemed not to have suffered a
physical injury after they are raped.
(3) In approximately half the States, interpreta-
tions of State workers’ compensation laws may pre-
clude women from pursuing legal claims resulting
from workplace violence, for example, for an employ-
er’s negligence that resulted in the violence, con-
sequently recovery may be limited to the amount
permitted by workers’ compensation statutes.
(4) Other States recognize that workplace vio-
lence against women, including rapes and sexual as-
sault, may fall within various exceptions to State
workers’ compensation laws.
Affording victims of workplace violence against women ac-
cess to legal redress outside the workers’ compensation
system will assist women in recovering from violent
crimes, encourage employers to take all reasonable preven-
tive measures, and help improve the productivity and safe-
ty of American workplaces.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) State workers’ compensation laws should
provide benefits to women who are victims of work-
place violence who are eligible for such benefits, in-
338
cluding full compensation for physical and nonphys-
ical injuries; and
(2) State workers’ compensation laws should
also permit the employee to pursue an action at law
against an employer, other than statutory workers’
compensation benefits, based on the employer’s role
in the act of workplace violence.
TITLE VIII—VIOLENCE AGAINST
WOMEN INTERVENTION, PRE-
VENTION, 
AND 
EDUCATION
RESEARCH
SEC. 801. VIOLENCE AGAINST WOMEN INTERVENTION, PRE-
VENTION, AND EDUCATION RESEARCH.
The Violence Against Women Act of 1994 (108 Stat.
1902), as amended by section 603, is amended by adding
at the end of that title the following:
‘‘Subtitle 
I—Violence 
Against
Women 
Intervention, 
Preven-
tion, and Education Research
‘‘SEC. 40901. FINDINGS.
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) According to a Panel on Research on Vio-
lence Against Women convened by the National Re-
search Council in response to the mandates by of
this Act—
339
‘‘(A) significant gaps exist in understand-
ing the extent and causes of violence against
women and the impact and the effectiveness of
education, prevention, and intervention initia-
tives;
‘‘(B) funding for research on violence
against women is disbursed to numerous Fed-
eral agencies with no mechanism through which
to coordinate these efforts or to link the Fed-
eral agencies with other federally sponsored re-
search initiatives; and
‘‘(C) research on violence against women
would benefit from an infrastructure that sup-
ports interdisciplinary efforts and aids in inte-
grating these efforts into practice and policy.
‘‘(2) Despite the increased funding to prevent
and respond to violence against women in under-
served populations, few studies have examined inci-
dence and prevalence data from the perspective of
racial, ethnic, language, age, disability, and other
underserved populations. Moreover, little is known
about the types of education, prevention, and inter-
vention strategies that are most effective in under-
served populations.
340
‘‘(3) Most studies currently focus on aspects of
domestic violence related to physical abuse. Few
studies explore the harm caused by emotional and
psychological abuse and the appropriate intervention
and preventions strategies for victims experiencing
this form of abuse.
‘‘(4) Violence exposure as a risk factor for dis-
ease must be examined for a range of diseases and
diagnoses to better understand the correlation be-
tween violence and disease, including the intervening
variables.
‘‘(5) Violence against women occurs within the
context of a sociocultural environment which must
be studied in order to foster a greater understanding
of the factors that cause violence against women and
allow it to persist, as well as to provide a framework
for developing and assessing education, prevention,
and intervention strategies to eradicate this epidemic
form of violence.
‘‘SEC. 40902. MULTIAGENCY TASK FORCE.
‘‘(a) PURPOSES.—The Secretary of Health and
Human Services and the Attorney General, in consultation
with national nonprofit, nongovernmental organizations
whose primary expertise is in domestic violence and sexual
assault, shall establish a multiagency task force to coordi-
341
nate research on violence against women. The task force
shall be comprised of representatives from all Federal
agencies that fund such research.
‘‘(b) USES OF FUNDS.—Funds appropriated under
this section shall be used to—
‘‘(1) develop a coordinated strategy to strength-
en research focused on violence against women edu-
cation, prevention, and intervention strategies;
‘‘(2) track and report all Federal research and
expenditures on violence against women;
‘‘(3) identify gaps in violence against women re-
search and develop criteria for all Federal agencies
for evaluating research proposals, with such criteria
taking into account the individual context as well as
the broad social and cultural context of womens’
lives; and
‘‘(4) set priorities for research efforts that ex-
plore factors such as race, ethnicity, socioeconomic
status, geographic location, age, language, sexual
orientation, disability, and other factors that shape
the context and experience of violence in women’s
lives.
‘‘(c) AUTHORIZATION
OF APPROPRIATION.—There
are authorized to be appropriated $500,000 for each of
342
the fiscal years 2000, 2001, and 2002 to fulfill the pur-
poses of this section.
‘‘SEC. 40903. EDUCATION, PREVENTION, AND INTERVEN-
TION RESEARCH GRANTS.
‘‘(a) PURPOSES.—The Department of Health and
Human Services in consultation with the Department of
Justice shall make grants to entities, including domestic
violence and sexual assault organizations, research organi-
zations, tribal organizations, and academic institutions to
support research to further the understanding of the
causes of violence against women and to evaluate violence
against women education, prevention, and intervention
programs.
‘‘(b) USE OF FUNDS.—The research conducted under
this section shall include the following areas:
‘‘(1) Longitudinal research to study the devel-
opmental trajectory of violent behavior against
women and the way such violence differs from other
violent behaviors.
‘‘(2) An examination of the risk factors for sex-
ual and intimate partner violence for victims and
perpetrators, such as poverty, childhood victimiza-
tion and other traumas.
343
‘‘(3) An examination of the short- and long-
term efforts of programs designed to prevent sexual
and intimate partner violence.
‘‘(4) An examination of the risk factors, inter-
vention strategies, education, and prevention pro-
grams for sexual and intimate partner violence in
Indian country, including the availability, accessibil-
ity, and effectiveness of education and prevention
programs.
‘‘(5) Outcome evaluations of interventions tar-
geted at children and teenagers.
‘‘(6) An examination of and documentation of
the processes and informal strategies that women
employ in attempting to manage and end the vio-
lence in their lives.
‘‘(7) The development, testing, and evaluation
of the economic and health benefits of effective
methods of screening and service delivery at all
points of entry to the health care system, including
mental health, emergency medicine, primary care,
obstetrics, gynecology, and pediatrics and an assess-
ment of the direct and indirect health care costs of
domestic violence.
344
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
shall be authorized to be appropriated $6,000,000 for each
of the fiscal years 2000, 2001, and 2002.
‘‘SEC. 40904. ADDRESSING GAPS IN RESEARCH.
‘‘(a) PURPOSES.—The Secretary of Health and
Human Services, in conjunction with the Attorney Gen-
eral, shall make grants to domestic violence and sexual
assault organizations, research organizations, tribal orga-
nizations, and academic institutions for the purpose of ex-
panding knowledge about violence against women, with a
particular emphasis on women in underserved populations
(as defined in section 2003(7) of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg–
2(7) as amended by section 651(c)).
‘‘(b) USES OF FUNDS.—Grants made under sub-
section (a) shall be used as follows:
‘‘(1) To develop national- and community-level
survey studies to measure the incidence and preva-
lence of violence against women in underserved pop-
ulations and the ways such women define and de-
scribe their experience of violence.
‘‘(2) To develop qualitative and quantitative re-
search to understand how factors such as race, eth-
nicity, socioeconomic status, age, language, alienage,
disability, and sexual orientation shape the context
345
and experience of violence in women’s lives, as well
as the education, prevention, and intervention strate-
gies available to women and girls to combat such vi-
olence.
‘‘(3) To develop qualitative and quantitative re-
search to understand the impact of domestic violence
on the workplace, costs to employers, and the effec-
tiveness of workplace-based domestic violence pre-
vention programs.
‘‘(4) To study the availability, accessibility, and
effectiveness of State and local legal remedies to vic-
tims of intimate partner violence within the context
of same sex intimate relationships.
‘‘(5) To study violence against women in under-
served populations as a risk factor for diseases from
a multivariate perspective.
‘‘(6) To examine the dynamics of emotional and
psychological abuse, its prevalence, its effects on
women, and the availability of education, prevention,
and intervention strategies to address this type of
abuse.
‘‘(7) To study the effectiveness of State and
local legal remedies available to victims of sexual as-
sault and child sexual assault.
346
‘‘(8) To study the use of nonjudicial alternative
dispute resolution (such as mediation, negotiation,
conciliation, and restorative justice models) in cases
where domestic violence is a factor, and to compare
nonjudicial alternative dispute resolution and tradi-
tional judicial methods based upon the following cri-
teria: the quality of representation of the victim, the
training and competency of mediators and other
facilitators, the satisfaction of the parties, the out-
come of the proceedings, and any other relevant fac-
tors that may be identified.
‘‘(9) To examine effective models that address
domestic violence in child protective services and
child welfare agencies, with particular emphasis on
those models that document the scope of the prob-
lem, identify the risk of harm that perpetrators of
domestic violence pose to children and their parents,
and the best practices for addressing domestic vio-
lence in the child welfare and child protection con-
text.
‘‘(10) The examination of the extent to which
child care and other supportive services are offered
to children who are the victims of domestic violence
or the dependents of such victims by shelters, includ-
ing surveying shelters to determine the numbers of