170
ganizations, domestic violence programs providing shelter
or related assistance, other victim services organizations,
and to women with disabilities. Education and technical
assistance may include providing information on—
(1) what is required of shelters and victim serv-
ices organizations under the Americans with Disabil-
ities Act and section 504 of the 1973 Rehabilitation
Act;
(2) suggestions as to low-cost ways that shelters
and victim services may implement the Americans
with Disabilities Act; and
(3) the particular nature, definition, and char-
acteristics of violence and abuse experienced by
women with disabilities.
(b) There are authorized to be appropriated to carry
out the purposes of this section $10,000,000 for each of
fiscal years 1999, 2000, 2001, 2002, and 2003.
Subtitle C—Battered Immigrant
Women
SEC. 621. SHORT TITLE.
This subtitle may be cited as the ‘‘Battered Immi-
grant Women’s Protection Act’’.
SEC. 622. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
171
(1) the goal of the immigration protections for
battered immigrants included in the Violence
Against Women Act was to remove immigration laws
as a barrier that kept battered immigrant women
and children locked in abusive relationships;
(2) providing battered immigrant women and
children who were experiencing domestic violence at
home with protection against deportation allows
them to obtain protection orders against their abus-
ers and frees them to cooperate with law enforce-
ment and prosecutors in criminal cases brought
against their abusers and the abusers of their chil-
dren; and
(3) there are several groups of battered immi-
grant women and children who do not have access
to VAWA’s immigration protections, which means
that their abusers are virtually immune from pros-
ecution because their victims can be deported and
the Immigration and Naturalization Service cannot
offer them protection no matter how compelling
their case under existing law.
(b) PURPOSES.—The purposes of this subtitle are—
(1) to promote criminal prosecutions of all per-
sons who commit acts of battery or extreme cruelty
against immigrant women and children;
172
(2) to offer protection against domestic violence
occurring in family and intimate relationships that
are covered in State protection order, domestic vio-
lence, and family law statutes; and
(3) to correct erosions of Violence Against
Women Act immigration protections that occurred
as a result of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.
(c) SENSE OF CONGRESS.—It is contrary to the law
enforcement purposes of the Violence Against Women Act
for State law enforcement officers, prosecutors, or judges
to inquire into the immigration status of a domestic vio-
lence victim who is seeking protection from crimes of do-
mestic violence, battering, or extreme cruelty that are
being committed against the immigrant or her children,
and for law enforcement officers, prosecutors, or courts
to report domestic violence victims to the Immigration and
Naturalization Service.
SEC. 623. CANCELLATION OF REMOVAL AND ADJUSTMENT
OF STATUS FOR CERTAIN NONPERMANENT
RESIDENTS.
(a) Section 240A(b)(2) of the Immigration and Na-
tionality Act is amended to read as follows:
‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR
CHILD.—
173
‘‘(A) IN GENERAL.—The Attorney General
may cancel removal of, and adjust to the status
of an alien lawfully admitted for permanent res-
idence, an alien who is inadmissible or deport-
able from the United States if the alien dem-
onstrates that—
‘‘(i) the alien has been battered or
subjected to extreme cruelty in the United
States by a spouse, parent, son, or daugh-
ter who is a United States citizen (or is
the parent of a child of a United States
citizen and the child has been battered or
subjected to extreme cruelty in the United
States by such citizen parent), or by a
United States citizen who filed a non-
immigrant visa for the alien under section
101(a)(15)(K) who has not married the
alien or has married the alien more than
90 days after the alien’s entry, or by a
spouse or parent who is a lawful perma-
nent resident (or is the parent of a child
of a lawful permanent resident and the
child has been battered or subjected to ex-
treme cruelty in the United States by such
permanent resident parent), or by a United
174
States citizen or lawful permanent resident
whom the alien intended to marry, but
who’s marriage is not legitimate because of
that United States citizen or lawful perma-
nent resident’s bigamy, or by a non-
immigrant visa holder;
‘‘(ii) the alien has been physically
present in the United States for a continu-
ous period of not less than 3 years imme-
diately preceding the date of such applica-
tion; the issuance of a charging document
for removal proceedings shall not toll the
3-year period of continuous physical pres-
ence in the United States;
‘‘(iii) the alien has been a person of
good moral character during such period;
and
‘‘(iv) the alien is not inadmissible
under paragraph (2) or (3) of section
212(a), is not deportable under paragraph
(1)(G) or (2) through (4) of section
237(a), and has not been convicted of an
aggravated felony, unless the Attorney
General in the exercise of discretion waives
application of this clause for humanitarian
175
purposes, to assure family unity or when
it is otherwise in the public interest, in the
exercise of discretion.
In acting on applications under this paragraph, the
Attorney General shall consider any credible evi-
dence relevant to the application. The determination
of what evidence is credible and the weight to be
given that evidence shall be within the sole discretion
of the Attorney General. The amendment made by
clause (ii) shall take effect as if included in the en-
actment of section 304 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(Public Law 104–208; 110 Stat. 587).
‘‘(B) GOOD
MORAL
CHARACTER
DETER-
MINATIONS.—For the purposes of making ‘good
moral character’ determinations under this sec-
tion, the Attorney General may waive the bar to
issuing a finding of good moral character in the
case of an alien who has been battered or sub-
jected to extreme cruelty but who has also been
convicted of, or who pled guilty to, violating a
court order issued to protect the alien or forced
prostitution, or who committed, or who was
convicted of or pled guilty to committing a
crime if the alien committed the crime under
176
duress from the person who battered or sub-
jected the alien to extreme cruelty, or to a do-
mestic violence-related crime when the Attorney
General determines that the alien acted in self-
defense. 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 enter a find-
ing of ‘good moral character’ despite the exist-
ence of a disqualifying criminal act or a crimi-
nal conviction.
‘‘(C) INCLUSION OF OTHER ALIENS IN PETI-
TION.—An alien applying for relief under section
244(a)(3) (as in effect before the enactment of the
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996) or this paragraph may include
alien children, sons, or daughters in their applica-
tions and the Attorney General may adjust the sta-
tus of the alien’s children, sons, daughters, or in the
case of an application filed by an alien child, par-
ent.’’.
(b) Section 240A(d)(2) of the Immigration and Na-
tionality Act is amended to read as follows:
‘‘(2) An alien shall be considered to have failed
to maintain continuous physical presence in the
177
United States under subsections (b)(1) and (b)(2) if
the alien has departed from the United States for
any period in excess of 90 days or for periods in the
aggregate exceeding 180 days. In the case of an
alien who has been battered or subjected to extreme
cruelty, the Attorney General may waive the provi-
sions of this section for humanitarian purposes.’’.
(c) Section 244(a)(3) of the Immigration and Nation-
ality Act (as in effect before the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996) is amended by adding at the end the following new
subparagraph:
‘‘(I)(i) For the purposes of making good
moral character determinations under this sec-
tion, the Attorney General may waive the bar to
issuing a finding of good moral character in the
case of an alien who has been battered or sub-
jected to extreme cruelty but who has also been
convicted of, or who pled guilty to, violating a
court order issued to protect the alien or forced
prostitution or committed or who was convicted
of or pled guilty to committing a crime under
duress from the person who battered or sub-
jected the alien to extreme cruelty, or who was
convicted of or pled guilty to a domestic vio-
178
lence-related crime if the Attorney General de-
termines that the alien acted in self-defense.
‘‘(ii) After finding that an alien has been
battered or subjected to extreme cruelty and
would otherwise qualify for relief under this sec-
tion, the Attorney General may in his or her
sole discretion enter a finding of good moral
character despite the existence of a disqualify-
ing criminal act or a criminal conviction.’’.
(d) Section 240A(b)(2) of the Immigration and Na-
tionality Act is amended—
(1) by inserting ‘‘and the alien’s children, sons,
or daughters if the alien’’ after ‘‘alien lawfully ad-
mitted for permanent residence, an alien’’;
(2) by striking ‘‘who’’ before ‘‘is inadmissible or
deportable’’; and
(3) by inserting ‘‘and’’ before ‘‘if the alien dem-
onstrates that—’’.
(e)(1) Section 244(a)(3) of the Immigration and Na-
tionality Act (as in effect before the enactment of the Ille-
gal Immigration Reform and Immigrant Responsibility
Act of 1996) is amended by inserting ‘‘, son or daughter
who is a United States citizen’’ after ‘‘(or is the parent
of a child of a United States citizen or lawful permanent
resident and the child has been battered or subjected to
179
extreme cruelty in the United States by such citizen or
permanent resident parent)’’.
(2) Section 244(a)(3) of the Immigration and Nation-
ality Act (as in effect before the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996) is amended by striking ‘‘child’’ at the end and in-
serting ‘‘son or daughter’’.
(f) Section 244(a)(3) of the Immigration and Nation-
ality Act (as in effect before the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996) is amended by striking all that follows ‘‘and is a
person of good moral character.’’.
(g) Section 244(a)(3) of the Immigration and Nation-
ality Act (as in effect before the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996) is amended by adding at the end the following:
‘‘The Attorney General, in his or her discretion, may de-
termine that an alien may apply for benefits under this
subparagraph notwithstanding the fact that he or she is
deportable under paragraph (2) of section 237(a), for hu-
manitarian purposes, to assure family unity or when it is
otherwise in the public interest.’’.
(h) Section 244(a)(3) of the Immigration and Nation-
ality Act (as in effect before the title III–A effective date
of the Illegal Immigration Reform and Immigrant Respon-
180
sibility Act of 1996 (Public Law 104–208; division C; 110
Stat. 3009–625)) is amended by adding at the end the
following: ‘‘The Attorney General may waive the physical
presence requirement for humanitarian purposes.’’.
(i)(1) IN GENERAL.—Section 309(c)(5)(C) of the Il-
legal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1101 note) (as amended by section
203 of the Nicaraguan Adjustment and Central American
Relief Act) is amended
(A) by amending the subparagraph heading to
read as follows:
‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS
GRANTED TEMPORARY PROTECTION FROM DE-
PORTATION AND FOR BATTERED SPOUSES AND
CHILDREN.—’’; and
(B) in clause (i)—
(i) by striking ‘‘or’’ at the end of subclause
(IV);
(ii) by striking the period at the end of
subclause (V) and inserting ‘‘; or’’; and
(iii) by adding at the end the following:
‘‘(VI) is an alien who was issued
an order to show cause or was in de-
portation proceedings prior to April 1,
1997, and who applied for suspension
181
of deportation under section 244(a)(3)
of the Immigration and Nationality
Act (as in effect before the date of the
enactment of the Act).’’.
(2) EFFECTIVE DATE.—The amendments made by
paragraph (1) shall take effect as if included in the enact-
ment of section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note).
SEC. 624. GENERAL CLASSES OF ALIENS INELIGIBLE TO RE-
CEIVE VISAS AND EXCLUDED FROM ADMIS-
SION.
(a) Section 212(a)(9)(A)(iii) of the Immigration and
Nationality Act is amended by adding at the end the fol-
lowing:
‘‘Clauses (i) and (ii) shall also not apply to aliens to whom
the Attorney General has granted status under section
204(a)(1)(A)(iii), (iv), or (v) or classification under sec-
tion 204(a)(1)(B)(ii) or (iii).’’.
(b) Section 212(a)(6)(A)(ii) of the Immigration and
Nationality Act is amended by striking subclause (III).
(c) Section 212(a)(9)(B)(iii)(IV) of the Immigration
and Nationality Act is amended by striking ‘‘if ‘violation
of the terms of the alien’s nonimmigrant visa’ were sub-
182
stituted for ‘unlawful entry into the United States’ in sub-
clause (III) of that paragraph’’.
(d) Section 212(a)(6)(A)(ii)(I) of the Immigration
and Nationality Act is amended by inserting ‘‘(A)(v),’’
after ‘‘(A)(iv)’’.
(e)(1) Section 212(a)(6)(A)(ii)(II)(a) of the Immigra-
tion and Nationality Act is amended by striking ‘‘by a
spouse or 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
battering or cruelty’’ and inserting ‘‘by a spouse, parent,
son, or daughter, 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, any individual against whom the alien
could obtain a protection order’’.
(2) Section 212(a)(6)(A)(ii)(II)(b) of the Immigra-
tion and Nationality Act is amended by striking ‘‘or by
a member of the spouse’s or parent’s family residing in
the same household as the alien when the spouse or parent
consented to or acquiesced in such battery or cruelty’’ and
inserting ‘‘or by any person having a relationship with the
alien covered by the civil or criminal domestic violence
186
‘‘(C) In the case of an alien who qualifies
for status under clause (iii), (iv), or (v) of sec-
tion 204(a)(1)(A) or classification under clause
(ii) or (iii) of section 204(a)(1)(B) if it is estab-
lished to the satisfaction of the Attorney Gen-
eral that the alien’s denial of admissibility
would result in extreme hardship to the alien or
the alien’s United States citizen or lawful per-
manent resident parent, child, son, or daugh-
ter’’.
(3) Section 212(h) of the Immigration and National-
ity Act is amended by adding at the end the following new
paragraph:
‘‘(3) SPECIAL RULE FOR BATTERED IMMIGRANT
WOMEN AND CHILDREN.—The Attorney General, in
her discretion, may waive the application of sub-
section (a)(2) in the case of an alien granted status
under section 204(a)(1)(A)(iii), (iv), or (v) and sec-
tion 204(a)(1)(B)(ii) or (iii) for humanitarian pur-
poses, to assure family unity or when it is otherwise
in the public interest.’’.
(l) Section 212(a)(2)(A)(ii) is amended—
(1) in subclause (II), by striking the period and
inserting ‘‘, or’’; and
(2) by adding after subclause (II) the following:
187
‘‘(III) the crime was committed
by the alien acting in self-defense or
under duress caused by a person who
subjected the alien to battering or ex-
treme cruelty.’’.
SEC. 625. PROCEDURE FOR GRANTING IMMIGRANT STATUS.
(a) Section 204(a)(1)(A) of the Immigration and Na-
tionality Act is amended by adding at the end the follow-
ing new clause:
‘‘(vi)(I) For the purposes of making
good moral character determinations under
this section, the Attorney General may
waive the bar to issuing a finding of ‘good
moral character’ in the case of an alien
who otherwise qualifies for relief under
section 204(a)(1)(A)(iii), (iv), and (v), but
who has also been convicted of, or who
pled guilty to, violating a court order
issued to protect the alien or forced pros-
titution, or committed or who was con-
victed of or pled guilty to committing a
crime under duress from the person who
battered or subjected the alien to extreme
cruelty, or to a domestic violence-related
188
crime, when the Attorney General deter-
mines that the alien acted in self-defense.
‘‘(II) After finding that an alien has
been battered or subjected to extreme cru-
elty and is otherwise eligible for relief
under section 204(a)(1)(A)(iii), (iv), or (v),
the Attorney General may enter a finding
of ‘good moral character’ despite the exist-
ence of a disqualifying criminal act or
criminal conviction.’’.
(b) Section 204(a)(1)(B) of the Immigration and Na-
tionality Act is amended by adding at the end the follow-
ing new clause:
‘‘(iv)(I) For the purposes of making
good moral character determinations under
this section, the Attorney General may
waive the bar to issuing a finding of good
moral character in the case of an alien who
otherwise qualifies for relief under section
204(a)(1)(B)(ii) and (iii), but who has also
been convicted of, or who pled guilty to,
violating a court order issued to protect
the alien or forced prostitution, or commit-
ted or was convicted of or pled guilty to
committing a crime under duress from the
189
person who battered or subjected the alien
to extreme cruelty, or to a domestic vio-
lence-related crime, when the Attorney
General determines that the alien acted in
self-defense.
‘‘(II) After finding that an alien has
been battered or subjected to extreme cru-
elty and is otherwise eligible for relief
under section 204(a)(1)(B)(ii) and (iii),
the Attorney General may in his or her
sole discretion enter a finding of good
moral character despite the existence of a
disqualifying criminal act or criminal con-
viction.’’.
(c) Section 204(a)(1)(A) of the Immigration and Na-
tionality Act is amended by adding at the end the follow-
ing new clause:
‘‘(vii) For the purposes of petitions
filed under section 204(a)(1)(A)(iii) and
(iv), loss or renunciation or changes to the
abuser’s citizenship status after filing of
the petition shall not preclude the cat-
egorization of the eligible self-petitioning
spouse or children as an immediate rel-
ative.’’.
190
(d) Section 204(a)(1)(B) of the Immigration and Na-
tionality Act is amended by adding at the end the follow-
ing new clause:
‘‘(v)(I) For the purposes of petitions
filed 
or 
approved 
under 
section
204(a)(1)(B)(ii) and (iii), changes in the
immigration status of a lawful permanent
resident spouse or parent subsequent to
the filing of a petition under these sections
shall not adversely affect adjudication of
the petition and for approved petitions,
shall not affect the alien’s ability to adjust
status under section 245(a) or obtain sta-
tus as a lawful permanent resident based
on the approved self-petition under section
204(a)(1)(B)(ii) and (iii).
‘‘(II) Upon the lawful permanent resi-
dent spouse or parent becoming a United
States citizen through naturalization, ac-
quisition of citizenship, or other means,
any petition filed with the Immigration
and Naturalization Service, and pending or
approved under section 204(a)(1)(B) on
behalf of an alien who has been battered or
subjected to extreme cruelty to be auto-
191
matically reclassified as a petition filed
under section 204(a)(1)(A) of this Act
even if the reclassification occurs after di-
vorce.’’.
(e) Section 204(a)(1)(A)(iii) of the Immigration and
Nationality Act is amended to read as follows:
‘‘(iii) An alien who—
‘‘(I) is the spouse of a citizen of
the United States, or intended spouse
of a citizen of the United States, who
is the beneficiary of a nonimmigrant
visa filed for the alien by a United
States 
citizen 
under 
section
101(a)(15)(K), but did not marry the
citizen within 90 days of the alien’s
entry, or is an illegitimate spouse due
to the citizen’s bigamy, and is not le-
gally married to the citizen;
‘‘(II) who is a person of good
moral character;
‘‘(III) who is eligible to be classi-
fied as an immediate relative under
section 201(b)(2)(A)(i) or who would
have been so classified but for the ac-
tions of the United States citizen with
192
whom the alien intended to legally
marry; and
‘‘(IV) who has resided in the
United States with the alien’s spouse
or intended spouse,
may file a petition with the Attorney Gen-
eral under this subparagraph for classifica-
tion of the alien (and any child of the alien
if such a child has not been classified
under clause (iv)) under such section if the
alien demonstrates to the Attorney General
that the alien is residing in the United
States, the marriage or the intent to marry
the United States citizen or lawful perma-
nent resident batterer was entered into in
good faith by the alien, and during the
marriage or relationship intended by the
alien to be legally a marriage, the alien or
a child of the alien has been battered or
has been the subject of extreme cruelty
perpetrated by the alien’s spouse or in-
tended spouse.’’.
(f) Section 204(a)(1)(A) of the Immigration and Na-
tionality Act is further amended—
193
(1) by inserting ‘‘(or if the alien’s spouse is a
member of the United States Armed Forces sta-
tioned abroad the alien may file a petition at a
United States consulate abroad)’’ after ‘‘Attorney
General’’ the first place it appears, and;
(2) in clause (iii), by inserting ‘‘(or has resided
either within or outside the territory of the United
States with the citizen spouse if the alien’s spouse
is a member of the United States Armed Forces)’’
after ‘‘and who has resided in the United States
with the alien’s spouse’’.
(g) Section 204(a)(1)(A)(iii)(I) of the Immigration
and Nationality Act is amended by striking ‘‘States,’’ and
inserting ‘‘States (unless the alien’s spouse is a member
of the United States military)’’.
(h) Section 204(a)(1)(A) of the Immigration and Na-
tionality Act is further amended—
(1) by inserting ‘‘(or if the alien’s parent is a
member of the United States military stationed
abroad the alien may file a petition at a United
States consulate abroad)’’ after ‘‘Attorney General’’
the first place it appears; and
(2) in clause (iv), by inserting ‘‘(or has resided
either within or outside the territory of the United
States with the citizen parent if the alien’s parent
194
is a member of the United States Armed Forces)’’
after ‘‘and who has resided in the United States
with the citizen parent’’.
(i) Section 204(a)(1)(A)(iv)(I) of the Immigration
and Nationality Act is amended by inserting ‘‘(unless the
alien’s parent is a member of the United States military
stationed abroad)’’ after ‘‘United States’’.
(j) Section 204(a)(1)(B) of the Immigration and Na-
tionality Act is amended—
(1) by inserting ‘‘(or if the alien’s spouse is a
member of the United States Armed Forces sta-
tioned abroad the alien may file a petition at a
United States consulate abroad)’’ after ‘‘Attorney
General’’ the first place it appears; and
(2) in clause (ii), by inserting ‘‘(or has resided
either within or outside the territory of the United
States with the legal permanent resident spouse if
the alien’s spouse is a member of the United States
Armed Forces)’’ after ‘‘and who has resided in the
United States with the legal permanent resident
spouse’’.
(k) Section 204(a)(1)(B) of the Immigration and Na-
tionality Act is amended—
(1) by inserting ‘‘(or if the alien’s parent is a
member of the United States military stationed
195
abroad the alien may file a petition at a United
States consulate abroad)’’ after ‘‘Attorney General’’
the first place it appears; and
(2) in clause (iii), by inserting ‘‘or has resided
either within or outside the territory of the United
States with the permanent resident parent if the
alien’s parent is a member of the United States
Armed Forces )’’ after ‘‘and who has resided in the
United States with the alien’s permanent resident
alien parent.’’
(l) Section 204(a)(1)(A) of the Immigration and Na-
tionality Act is amended by adding at the end the follow-
ing:
‘‘(v) An alien who is the parent of a
citizen of the United States, who is a per-
son of good moral character, who is eligible
to be classified as an immediate relative
under section 201(b)(2)(A)(i), and who has
resided in the United States with citizen
daughter or son (or has resided either
within or outside the territory of the of the
United States with the citizen daughter or
son if the alien’s daughter or son is a
member of the United States Armed
Forces) may file a petition with the Attor-
196
ney General (or if the alien’s daughter or
son is a member of the United States
Armed Forces stationed abroad the alien
may file a petition at a United States con-
sulate abroad) under this subparagraph for
classification of the alien under such sec-
tion if the alien demonstrates to the Attor-
ney General that the alien is residing in
the United States (unless the alien’s son or
daughter is a member of the United States
Armed Forces) and during the period of
residence with the citizen son or daughter
the alien has been battered by or has been
the subject of extreme cruelty perpetrated
by the alien’s citizen son or daughter.’’
(m) Section 204(a)(1)(A)(iii) of the Immigration and
Nationality Act is further amended by striking ‘‘who is
eligible to be classified as an immediate relative under sec-
tion 201(b)(2)(A)(i),’’ and inserting ‘‘who is or would have
been eligible to be classified as an immediate relative
under section 201(b)(2)(A)(i) or who could have been so
classified within 5 years prior to petitioning for immigra-
tion status as an immediate relative under section
201(b)(2)(A)(i),’’.
197
(n) Section 204(a)(1)(A)(iv) of the Immigration and
Nationality Act is further amended by striking ‘‘who is
eligible to be classified as an immediate relative under sec-
tion 201(b)(2)(A)(i),’’ and inserting ‘‘who is or would have
been eligible to be classified as an immediate relative
under section 201(b)(2)(A)(i) or who could have been so
classified within 5 years prior to petitioning for immigra-
tion status as an immediate relative under section
201(b)(2)(A)(i),’’.
(o) Section 204(a)(1)(B)(ii) of the Immigration and
Nationality Act is amended by striking ‘‘who is eligible
for classification under section 203(a)(2)(A),’’ and insert-
ing ‘‘who is or would have been eligible for classification
as a spouse of a lawful permanent resident under section
203(a)(2)(A), or who could have been so classified within
5 years prior to petitioning for immigration status as a
spouse of a lawful permanent resident under section
203(a)(2)(A),’’.
(p) Section 204(a)(1)(B)(iii) of the Immigration and
Nationality Act is amended by striking ‘‘who is eligible
for classification under section 203(a)(2)(A) as a child of
a lawful permanent resident,’’ and inserting ‘‘who is or
would have been eligible for classification under section
203(a)(2)(A), or who could have been so classified within
5 years prior to petitioning for immigration status as a
198
child of a lawful permanent resident under section
203(a)(2)(A),’’.
SEC. 626. GENERAL CLASSES OF DEPORTABLE ALIENS.
(a) Section 237(a)(2)(E) of the Immigration and Na-
tionality Act is amended by inserting at the end the follow-
ing new clause:
‘‘(iii) The Attorney General may,
upon determination that the alien was act-
ing in self-defense, that the alien was not
the primary perpetrator of violence in the
relationship, that the alien was found to
have violated a protection order intended
to protect the alien, that the alien was con-
victed of committing a crime under duress
from the person who subjected the alien to
battering or extreme cruelty or for human-
itarian purposes waive application of clause
(i) and clause (ii).’’.
(b)(1) Section 237(a)(2)(E)(ii) of the Immigration
and Nationality Act is amended by striking ‘‘the court de-
termines has engaged in conduct that violates’’ and insert-
ing ‘‘a court has convicted in a criminal prosecution or
a criminal contempt action of violating’’.
(2) Section 237(a)(2)(E) is amended by adding at the
end the following new clause:
199
‘‘(iii) LIMITED EXCEPTION FOR FIRST
OFFENDERS.—The Attorney General may
waive deportability grounds for any alien
convicted under clause (i) or (ii) of this
subparagraph if the conviction was a first
offense only for aliens who are making
court ordered child support payments to
the crime victim through a State court
(through wage withholding whenever avail-
able) and who are participating in or have
successfully completed a State certified
batterers treatment program. Aliens con-
victed under clause (i) or (ii) for whom the
Attorney General waives deportability shall
again become deportable if they cease mak-
ing court ordered child support payments
or fail to comply with the terms of or fail
to complete the certified batterers treat-
ment program.’’.
SEC. 627. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO
THAT OF PERSON ADMITTED FOR PERMA-
NENT RESIDENCE.
(a) Section 245(d) of the Immigration and National-
ity Act is amended by adding at the end the following:
200
‘‘(l) Aliens who are self-petitioning for permanent resident
status under section 204(a)(1)(A)(iii) or 204(a)(1)(A)(iv)
are exempt from the application of this subsection.’’.
(b) Section 245(a) of the Immigration and National-
ity Act is amended by striking ‘‘The status’’ and inserting
‘‘The status of an alien who qualifies for classification
under 
sections 
204(a)(1)(A)(iii), 
204(a)(1)(A)(iv),
204(a)(1)(A)(v), 204(a)(1)(B)(ii) and 204(a)(1)(B)(iii) or
the status’’.
(c) Section 245(c)(2) of the Immigration and Nation-
ality Act is amended by inserting ‘‘, an alien who qualifies
for 
classification 
under 
sections 
204(a)(1)(A)(iii),
204(a)(1)(A)(iv), 204(a)(1)(A)(v), 204(a)(1)(B)(ii) and
(iii), of this title’’ after ‘‘1151(b) of this title’’.
(d) Section 245(c)(4) of the Immigration and Nation-
ality Act is amended by inserting ‘‘, or an alien who quali-
fies for classification under sections 204(a)(1)(A)(iii),
204(a)(1)(A)(iv), 204(a)(1)(A)(v), 204(a)(1)(B)(ii), and
204(a)(1)(B)(iii)),’’ after ‘‘section 1151(b) of this title)’’.
(e) Section 245(c)(5) of the Immigration and Nation-
ality Act is amended by adding before the semicolon at
the end ‘‘(other than an alien who qualifies for classifica-
tion under sections 204(a)(1)(A)(iii), 204(a)(1)(A)(iv),
204(a)(1)(A)(v), 
204(a)(1)(B)(ii), 
and
204(a)(1)(B)(iii))’’.
201
(f) Section 245(c)(8) of the Immigration and Nation-
ality Act is amended by adding before the semicolon at
the end ‘‘(other than an alien who qualifies for classifica-
tion under sections 204(a)(1)(A)(iii), 204(a)(1)(A)(iv),
204(a)(1)(A)(v), 
204(a)(1)(B)(ii), 
and
204(a)(1)(B)(iii))’’. The amendments made in these sec-
tions shall apply to applications for adjustment of status
pending on or after the date of enactment.
SEC. 628. REMOVAL PROCEEDINGS.
Section 240(c)(6)(C) of the Immigration and Nation-
ality Act is amended by adding the following new clause:
‘‘(iv) SPECIAL RULE FOR BATTERED
IMMIGRANT
WOMEN
AND
CHILDREN.—
There is no time limit on the filing of a
motion to reopen and the requirements of
subparagraph (C)(iii) of this subsection do
not apply and if the basis of the motion is
to 
apply 
for 
relief 
under 
section
204(a)(1)(A)(iii), (iv), or (v), section
204(a)(1)(B)(ii) 
or 
(iii), 
section
240A(b)(2), or section 244(a)(3) (as in ef-
fect before the title III–A effective date of
the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (Public
202
Law 104–208; division C; 110 Stat. 3009–
625)).’’.
SEC. 629. MARRIED PERSONS AND EMPLOYEES OF CERTAIN
NONPROFIT ORGANIZATIONS.
Section 319(a) of the Immigration and Nationality
Act is amended—
(1) by inserting ‘‘, or any person who obtained
status as a lawful permanent resident because he or
she was married to or was the child of a United
States citizen spouse who battered him or her or
subjected him or her to extreme cruelty,’’ after
‘‘United States’’ the first place such term appears;
(2) by inserting ‘‘who (except in the case of a
person who obtained lawful permanent residence be-
cause he or she was married to or was the child of
a United States citizen who battered or subjected
him or her to extreme cruelty)’’ after ‘‘within the
United States for at least three years; and’’; and
(3) by inserting ‘‘or parent’’ after ‘‘has been liv-
ing in marital union with the citizen spouse’’.
SEC. 630. WORK AUTHORIZATION.
The Attorney General may authorize an alien who
has properly filed an application for relief under sections
204(a)(1)(A)(iii), (iv), or (v), 204(a)(1)(B)(ii) or (iii),
240A(b)(2) or 244(c)(3) (as in effect before the enactment
203
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996) of the Immigration and Nationality
Act to engage in employment in the United States during
the pendency of such application and may provide the
alien with an ‘‘employment authorized’’ endorsement or
other appropriate document signifying authorization of
employment, except that if such application is pending for
a period exceeding 180 days, and has not been denied,
the Attorney General shall authorize such employment.
SEC. 631. RECORDS MAINTAINED ON INDIVIDUALS.
Section 552a(b) of title 5, United States Code, is
amended—
(1) at the end of paragraph (11) by striking
‘‘or’’;
(2) at the end of paragraph (12) by striking the
period and inserting ‘‘; or’’; and
(3) by adding after paragraph (12) the follow-
ing new paragraph:
‘‘(13) to the spouse or child of a naturalized
United States citizen or lawful permanent resident
who requests information from the Immigration and
Naturalization Service regarding the immigration
status of their spouse or parent, or who needs to ob-
tain documentation in the form of official or public
records or copies thereof contained in the immigra-
204
tion file of a spouse or parent for the purpose of an
immigration case or other domestic violence-related
court or administrative court hearing; unless the
records are those of a person who has presented to
the Immigration and Naturalization Service evidence
in the form of a judicial finding, administrative de-
termination, or a police report demonstrating that
the naturalized citizen or lawful permanent resident
has been battered or subjected to extreme cruelty by
their spouse or parent.’’.
SEC. 632. WELFARE AND PUBLIC BENEFITS FOR ALIENS.
(a)(1) Section 501(c)(1)(A) of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)(1)(A)) is amended by striking ‘‘by a
spouse or a parent, or by a member of the spouse or par-
ent’s family residing in the same household as the alien
and the spouse or parent consented to, or acquiesced in,
such battery or cruelty,’’ and inserting ‘‘by a spouse, par-
ent, son, or daughter or by any person having a relation-
ship with the alien covered by the civil or criminal domes-
tic 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 re-
ceived a protection order, or by any individual against
whom the alien could obtain a protection order,’’.
205
(2) Section 501(c)(1)(B) of the Personal Responsibil-
ity and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641(c)(1)(B)) is amended—
(1) by striking ‘‘or’’ at the end of clause (iii);
and
(2) by adding at the end the following:
‘‘(v) suspension of deportation and adjustment of sta-
tus pursuant to section 244(a)(3) of the Immigration and
Nationality Act (as in effect before the title III–A effective
date of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 Public Law 104–208; division
C, (110 Stat. 3009–625)); or’’.
(3) Section 501(c)(2)(A)) of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)(1)(B)) is amended by striking ‘‘by a
spouse or a parent of the alien (without the active partici-
pation of the alien in the battering or cruelty), or by a
member of the spouse or parent’s family residing in the
same household as the alien and the spouse or parent con-
sented or acquiesced to such battery or cruelty,’’ and in-
serting ‘‘by a spouse, parent, son or daughter of the alien
(without the active participation of the alien in the batter-
ing or cruelty) or by any person having a relationship with
the alien covered by the civil or criminal domestic violence
statutes of the State or Indian country where the alien
206
resides, or the State or Indian country in which the alien,
the alien’s child or the alien child’s parent received a pro-
tection order, or by any individual against whom the alien
could obtain a protection order,’’.
(b) Section 402(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)) is amended adding at the end the following:
‘‘(I) CERTAIN BATTERED ALIENS.—Para-
graph (1) shall not apply to an alien who has
been battered or subjected to extreme cruelty in
the United States and is a qualified alien under
section 1641(c) of title 5, United States Code.’’.
(c)(1) 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 new subsection:
‘‘(i) EXCEPTION TO INELIGIBILITY FOR HOUSING
ASSISTANCE FOR CERTAIN BATTERED ALIENS.—The re-
strictions on use of assisted housing by aliens shall not
apply to an alien who has been battered or subjected to
extreme cruelty and is a qualified alien under section
431(c) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1986 (8 U.S.C. 1641(c)) and
shall not apply to any child included in the alien’s applica-
tion for lawful immigration status. No private, government
or non-profit organization providing shelter or services to
208
zen, lawful permanent resident or qualified alien child is
applying for benefits shall not be made if the parent pre-
sents credible evidence of battering or extreme cruelty
whether or not the parent is deemed to be part of the
assistance unit under State or Federal law.’’.
SEC. 633. LEGAL SERVICES CORPORATION.
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:
‘‘(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 sections 204(a)(1)(A)(iii),
209
(iv), or (v) or section 204(a)(1)(B)(ii) or (iii) of the
Immigration and Nationality Act.’’.
SEC. 634. VIOLENCE AGAINST WOMEN.
(a) The Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding
after section 2006 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.’’
(b) Section 2001(a) of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by inserting ‘‘,
the Immigration and Naturalization Service and the Exec-
utive Office of Immigration Review,’’ after ‘‘Indian tribal
governments’’.
(c) Section 2001(b)(1) of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by inserting ‘‘,
210
immigration and asylum officers, immigration judges,’’
after ‘‘law enforcement officers’’.
(d) Section 2001(b) of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended—
(1) at the end of paragraph (6) by striking
‘‘and’’;
(2) at the end of paragraph (7) by striking the
period and inserting ‘‘; and’’; and
(3) by inserting after paragraph (7) the follow-
ing new paragraph:
‘‘(8) training justice system personnel on the
immigration provisions of the Violence Against
Women Act and their ramifications for victims of
domestic violence appearing in civil and criminal
court proceedings and potential immigration con-
sequences for the perpetrators of domestic violence.’’
(e) Section 2101(c) of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by inserting be-
fore the period ‘‘certify that their laws, policies, and prac-
tices do not discourage or prohibit prosecutors and law
enforcement officers from granting access to information
about the immigration status of a domestic violence per-
petrator to the victim, the child, or their advocate.’’.
211
SEC. 635. POWERS OF IMMIGRATION OFFICERS AND EM-
PLOYEES.
Section 287(g)(10) of the Immigration and National-
ity Act is amended by adding at the end the following:
‘‘It is the intent of the Congress that none of the provi-
sions of this section have the effect of discouraging crime
victim cooperation with law enforcement and prosecutors.
Public policy favors encouraging prosecution of criminals,
and nothing in this section shall be construed to discour-
age crime victims and domestic violence victims from re-
porting crimes committed against them to police, from co-
operating in criminal prosecutions, or from obtaining from
courts protection orders or other legal relief needed to pro-
tect crime victims from ongoing violence under State or
Federal laws.’’.
SEC. 636. EFFECTIVE DATE.
The amendments made by this subtitle shall be effec-
tive as if included in the Violence Against Women Act of
1994 (Public Law 103–322; 108 Stat. 1902–1955).
Subtitle 
D—Conforming 
Amend-
ments to the Violence Against
Women Act
SEC. 641. 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,
212
ethnic, and language minorities’’ and inserting ‘‘to under-
served populations’’.
(b) Section 2002 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: ‘‘demographic
characteristics of the populations to be served, including
marital status and the characteristics of any underserved
populations’’.
(c) Section 2003 of the Omnibus Crime Control and
Law Enforcement Act of 1968 (42 U.S.C. 3796gg–2(7))
is amended to read as follows: ‘‘the term ‘underserved pop-
ulations’ includes populations underserved because of race,
ethnicity, age, disability, sexual orientation, religion,
alienage status, geographic location (including rural isola-
tion), language barriers, and any other populations deter-
mined to be underserved by the State planning process;
and’’.
(d) Section 2004 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’’
213
SEC. 642. 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)’’.
(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;
214
(2) domestic crime against adults accounts for
approximately 15 percent of total crime costs in the
United States each year;
(3) violence against women has been reported to
be the leading cause of physical injury to women. It
has a devastating impact on women’s physical and
emotional health and financial security;
(4) the Department of Justice estimates that
intimate partners commit 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;
(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-
215
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. One quarter of battered women surveyed
have lost a job due in part to the effects of domestic
violence;
(9) the availability of economic support is a
critical factor in battered women’s ability to leave
abusive situations that threaten them and their chil-
dren. Over half of battered women surveyed stayed
with their batterers because they lacked resources to
support themselves and their children;
(10) according to the National Institute of 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. Recent governmental es-
216
timates 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;
(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;
217
(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. No State explicitly protects
crime victims from other adverse action which may
result from their experiences and status as crime
victims; and
(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.
218
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) DEFINITION
OF DOMESTIC VIOLENCE.—The
term ‘‘domestic violence’’ includes acts or threats of vio-
lence, not including 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 person
who is cohabitating with or has cohabitated with the vic-
tim, by a person who is or has been in a continuing social
relationship of a romantic or intimate nature with the vic-
tim, by a person similarly situated to a spouse of the vic-
tim under the domestic or family violence laws of the juris-
diction, 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.
(b) DEFINITION OF SEXUAL ASSAULT.—For pur-
poses of this section, the term ‘‘sexual assault’’ means any
conduct proscribed by chapter 109A of title 18, United
States Code, whether or not the conduct occurs in the spe-
cial maritime and territorial jurisdiction of the United
219
States or in a Federal prison and includes both assaults
committed by offenders who are strangers to the victim
and assaults committed by offenders who are known to
the victim or related by blood or marriage to the victim.
(c) AUTHORITY.—The Attorney General may make a
grant in accordance with this section to a private, non-
profit entity that meets the requirements of subsection
(d), including a nonprofit entity operating within the
boundaries of an Indian reservation, in order to provide
for the establishment and operation of a national clearing-
house and resource center to provide information and as-
sistance to employers and labor organizations in their ef-
forts to develop and implement appropriate responses to
assist victims of domestic violence and sexual assault.
(d) GRANTEES.—Each applicant for a grant under
this section shall submit to the Attorney General an appli-
cation, 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
220
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.
(e) USE OF GRANT AMOUNT.—A grant under this
section may be used for staff salaries, travel expenses,
equipment, printing, and other reasonable expenses nec-
essary to assemble, maintain, and disseminate to employ-
ers and labor organizations information on and appro-
priate responses to domestic violence and sexual assault,
including—
(1) training to promote a better understanding
of appropriate assistance to victims;
(2) conferences;
(3) outreach counseling;
(4) development of protocols and model work-
place policies;
(5) coordination of victim services; and
(6) assessments of the workplace costs of do-
mestic violence and sexual assault.
221
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$500,000 for each of fiscal years 1999 through 2003.
Subtitle B—Victims’ Employment
Rights
SEC. 721. SHORT TITLE.
This subtitle may be cited as the ‘‘Victims’ Employ-
ment Rights Act’’.
SEC. 722. PURPOSES.
Pursuant to the affirmative power of Congress to
enact this Act under section 5 of the fourteenth amend-
ment to the Constitution, as well as under clause 3, section
8 of article I of the Constitution, the purposes of this sub-
title are—
(1) to promote the national interest in ensuring
that crime victims can recover from the effects of
crime and participate in the criminal justice process
without fear of adverse economic consequences from
their employers;
(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 violent crime;
(3) to promote the purposes of the fourteenth
amendment by protecting the rights of victims of
222
crime and by furthering the right of crime victims
to employment free from discrimination; and
(4) to accomplish the purposes set forth in
paragraphs (1) through (3) in a manner that accom-
modates the legitimate interests of employers and
protects the safety of all of those in the workplace.
SEC. 723. DISCRIMINATION.
(a) GENERAL RULE.—An employer shall not take or
threaten to take any adverse job action against any em-
ployee who is or has been a victim of crime based upon
that employee’s status, experience, or condition as a victim
of crime.
(b) DEFINITIONS.—For the purposes of this sub-
title—
(1) the term ‘‘employer’’ includes any person
acting directly or indirectly in the interest of an em-
ployer in relation to an employee, and includes a
public agency, but does not include any labor organi-
zation (other than when acting as an employer) or
anyone acting in the capacity of officer or agent of
such labor organization;
(2) the term ‘‘employ’’ includes to suffer or per-
mit to work for wages, benefits, or other compensa-
tion;
223
(3) the term ‘‘employee’’ means any person em-
ployed by an employer; this term includes full- or
part-time persons employed for a fixed time period,
temporary or leased basis, independent contractors,
and persons participating in work assignments as a
condition of receipt of State or Federal welfare bene-
fits;
(4) the term ‘‘victim of crime’’ includes any em-
ployee who an employer knows or has reason to
know has been the target of an Act or series of Acts
that would come within the meaning of State or
Federal offenses described in section 16 of title 18,
United States Code, or that would form the basis for
a felony or misdemeanor crime of domestic violence,
assault, battery, sexual assault or stalking under
State or Federal law, or that would form the basis
for obtaining an order of protection as defined in 18
U.S.C. 2266 under applicable civil or criminal State
or local law; this term also includes those employees
against whom threats to commit such criminal of-
fenses have been made, provided the employer knows
or has reason to know that such threats have oc-
curred;
224
(5) the term ‘‘adverse job action’’ means any
action adversely affecting the employment status,
wages, or benefits payable to the victim, including—
(A) demotion or suspension;
(B) dismissal from employment;
(C) refusal to hire;
(D) involuntary transfers;
(E) failure to make a reasonable accommo-
dation as requested by the employee of the vic-
tim’s health and safety needs arising from the
offense;
(F) loss of pay or benefits; and
(G) disciplinary procedure or action;
this provision shall not interfere with lawful employ-
ment policies providing for unpaid leave, except
where State or Federal law or the employer’s exist-
ing leave policies provide for paid leave or continued
benefits, that can lawfully be exercised to attend
court proceedings or other activities related to the
criminal offense;
(6) the term ‘‘based upon the employee’s status,
condition, or experience as a crime victim’’ means
any action affecting the terms or conditions of em-
ployment, as defined in subsection (b)(4) of this sec-
tion, which would not have been made in the absence
225
of the employee’s status, condition, or experience as
a crime victim, and which does not qualify for the
exemptions allowed by section 726 of this subtitle;
(7) the term ‘‘reasonable accommodation’’ may
include—
(A) job restructuring, part-time or modi-
fied work schedules, or reassignment to a va-
cant position or to another department or facil-
ity with equivalent wages and benefits or reas-
signment of the perpetrator if the perpetrator is
also an employee, if necessary to protect the
health or safety of the crime victim;
(B) making adjustments to existing facili-
ties, for example, installing locks or alarms,
which are necessary to protect the safety of the
crime victim and others in the workplace;
(C) delaying disciplinary action for a rea-
sonable period of time while the employee seeks
assistance; and
(D) authorizing reasonable leave from
work to seek medical help, legal assistance,
counseling, safety planning, and any other ac-
tivity necessitated by the crime that must be
undertaken during hours of employment;
226
(8) the term ‘‘undue hardship’’ means an action
requiring significant difficulty or expense, or any ac-
tion that would be unduly costly, extensive, substan-
tial, or disruptive, or that would fundamentally alter
the nature of operation of the business, when consid-
ered in light of the following factors:
(A) The nature and cost of the accommo-
dation needed under this section.
(B) The overall financial resources of the
employer; the number of persons employed at
the facility; the effect on expenses and re-
sources, or the impact otherwise of such accom-
modation upon the operation of the facility.
(C) The relationship between the serious-
ness of the crime and injuries suffered by the
employee, or threatened to be made against the
employee, and the proposed accommodation. In
cases where the employee is a victim of domes-
tic violence, the employer shall take into ac-
count the fact that incidents of domestic vio-
lence frequently escalate in seriousness, and
that threats against the employee may result in
violence.
(c) CONSTRUCTION.—
227
(1) NO
DISQUALIFICATION
FOR
FAILURE
TO
PROSECUTE.—An employee who otherwise meets the
definition of ‘‘victim of crime’’ under subsection
(b)(4) shall not be disqualified from this subtitle’s
protections if the crime alleged does not result in
criminal prosecution or conviction of the perpetrator,
provided the employer’s actions otherwise fall within
the prohibitions of this subtitle.
(2) NO LIMITATION TO VICTIMS OF WORKPLACE
CRIMES.—A crime victim shall be eligible for the
protections of this subtitle regardless of the location
of the crime or threats to commit crime which have
been perpetrated against the employee.
(3) NO ADVERSE JOB ACTION FOR PARTICIPA-
TION
IN
CRIMINAL
JUSTICE
OR
CIVIL
PROCEED-
INGS.—It shall be unlawful under this section to
take an adverse job action against an employee who
has been a victim of crime because that employee
was absent from work to testify in a criminal or civil
proceeding or to assist in the preparation of a crimi-
nal or civil proceeding arising from the alleged of-
fense, and that testimony or preparation could not
be made outside the employee’s regular working
hours. An employee who seeks protection from ad-
verse job actions under this subsection must provide
228
the employer with a minimum of twenty-four hours
notice prior to any such absences, and should make
all good faith efforts to provide as much notice as
possible.
SEC. 724. ENFORCEMENT.
(a) CIVIL ACTION BY EMPLOYEES—
(1) LIABILITY.—Any employer who violates the
provisions of this subtitle shall be liable to any eligi-
ble employee affected for—
(A) damages equal to the amount of any
wages, salary, employment benefits, or other
compensation denied or lost to such employee
by reason of the violation, and any interest on
that amount calculated at the prevailing rate;
(B) any punitive damages, up to three
times the amount of actual damages sustained,
as the finder of fact shall deem appropriate;
and
(C) equitable relief as the court may deem
appropriate, including employment, reinstate-
ment, transfer, promotion, and adoption of poli-
cies to prevent future violations.
(b) ACTION BY DEPARTMENT OF JUSTICE.—The De-
partment of Justice may bring a civil action in any court
229
of competent jurisdiction to recover the damages described
in subsection (a)(1) of this section.
(c) REMEDIES.—The powers, remedies, and proce-
dures set forth in title VII of the Civil Rights Act of 1964
shall be the powers, remedies and procedures to enforce
this subtitle, except that the time for filing charges speci-
fied in section 706(e) of title VII of the Civil Rights Act
of 1961 shall not apply to causes of action arising under
this subtitle; a charge under this title shall be filed within
365 days after the unlawful employment practice occurred.
(d) EXCLUSIVITY
OF REMEDIES.—These remedies
shall be applicable to a claim under this section, unless
after such claim arises the claimant voluntarily enters into
an agreement to resolve the claim through arbitration or
another procedure.
SEC. 725. ATTORNEY’S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C.
1988(b)) is amended in the last sentence by inserting
‘‘title VII of the Violence Against Women Act of 1998,’’
after ‘‘title VI of the Civil Rights Act of 1964,’’.
SEC. 726. DEFENSES.
(a) EXTRAORDINARY
THREATS
TO
WORKPLACE
SAFETY.—It may be a defense to liability under this sub-
title if an adverse job action was necessary to protect the
safety of an employee or other persons at the place of em-
230
ployment; provided, to qualify for this exception, an em-
ployer must prove—
(1) that the employer took all reasonable steps
to protect the safety of the crime victim and others
at the workplace which, if successful, would not have
required the adverse job action; and
(2) no less adverse action was reasonably pos-
sible without endangering the safety of the employee
or others at the workplace.
(b) ESSENTIAL JOB FUNCTIONS IMPAIRED.—It may
be a defense to liability under this subtitle if, despite rea-
sonable accommodation by the employer, the employee’s
experience as a crime victim has left the employee unable
to perform the essential functions of the employee’s job.
For purposes of this section, consideration shall be given
to the employer’s judgment as to what functions of a job
are essential.
(c) UNDUE HARDSHIP.—It may be a defense to li-
ability under this subtitle if the employer can demonstrate
that reasonably accommodating the health and safety of
the crime victim would impose an undue hardship on the
operation of the business of the employer or would severely
threaten the integrity of the employer’s physical plant or
facilities. To qualify for this exemption, an employer shall
231
make good faith efforts to implement the employee’s pro-
posals for such reasonable accommodations.
(d) RESTORATION TO POSITION.—An employee who
is lawfully discharged, transferred, demoted, or suspended
under subsection (a) of this section shall be entitled to
restoration to the employee’s former position provided the
conditions necessitating the change in employment no
longer persist, and provided that restoration does not con-
stitute an undue burden. The employee shall be entitled—
(1) to be restored by the employer to the posi-
tion of employment held by the employee when the
discharge, transfer, or suspension commenced; or
(2) to be restored to an equivalent position with
equivalent employment benefits, pay, and other
terms and conditions of employment.
(e) BURDEN OF PROOF.—Once an employee estab-
lishes that an employer took an adverse job action against
the employee after it knew or had reason to know that
the employee had been a victim of crime, it shall be the
employer’s burden to prove—
(1) that the adverse job action was not based
upon the employee’s status, condition, or experience
as a victim of crime; or
(2) that the employer’s actions fall within the
defenses allowed under this section.
232
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 new
section:
‘‘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.—For purposes of this section—
‘‘(1) VIOLENCE AGAINST WOMEN SAFETY AND
EDUCATION COST.—
‘‘(A) IN
GENERAL.—The term ‘violence
against women safety and education cost’
233
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 with re-
spect to violent crimes against women,
‘‘(iii) providing legal or medical serv-
ices to employees, their spouses, and de-
pendents subjected to, or at risk from, vio-
lent 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—
‘‘(i) the hiring of new security person-
nel in order to address violent crimes
against women,
234
‘‘(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 about violent crimes against
women, for the use of individual employees,
including counseling or referral services
undertaken in consultation and coordina-
tion with national, State, or local domestic
violence and sexual assault coalitions or
programs,
‘‘(v) the retention of an attorney to
provide legal services to employees seeking
restraining orders or other legal recourse
from violent crimes against women,
235
‘‘(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, 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
disseminated educational materials about
violent crimes against women,
236
‘‘(xi) the implementation of leave poli-
cies for the purpose of allowing or that ac-
commodate 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
that accommodate 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 that
accommodate 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
order to protect the victim, including pay-
ment of costs for the transfer and reloca-
237
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 and/or the 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-
tim, by a person with whom the victim shares
238
a child in common, by a person who is cohabi-
tating with or has cohabitated with the victim,
by a person who is or has been in a continuing
social relationship of a romantic or intimate na-
ture with the victim, by a person similarly situ-
ated to a spouse of the victim under the domes-
tic or family violence laws of the jurisdiction, or
by any other person against a victim who is
protected from that person’s acts under the do-
mestic or family violence laws of the jurisdic-
tion.
‘‘(C) SEXUAL ASSAULT.—The term ‘sexual
assault’ means any conduct proscribed by chap-
ter 109A of title 18, United States Code,
whether or not the conduct occurs in the special
maritime and territorial jurisdiction of the
United States or in a Federal prison and in-
cludes both assaults committed by offenders
who are strangers to the victim and assaults
committed by offenders who are known to the
victim or related by blood or marriage to the
victim.
‘‘(3) EMPLOYEE AND EMPLOYER.—
241
(d) CLERICAL AMENDMENT.—The table of sections
for subpart D of part IV of subchapter A of chapter 1
of such Code is amended by adding at the end the follow-
ing new item:
‘‘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 AND REFERENCE.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Battered Women’s Employment Protection Act ’’.
(b) REFERENCE.—Whenever in this subtitle an
amendment or repeal is expressed in terms of an amend-
ment to, or repeal of, a section or other provision, the ref-
erence shall be considered to be made to a section or other
provision of the Family and Medical Leave Act of 1993.
SEC. 742. PURPOSES.
Pursuant to the affirmative power of Congress to
enact this Act under section 5 of the Fourteenth Amend-
ment to the Constitution, as well as under clause 1 of sec-
tion 8 of Article I of the Constitution and clause 3 of sec-
tion 8 of Article I of the Constitution, the purposes of
this subtitle are—
242
(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—
(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 to seek
medical help, legal assistance, counseling, and
safety planning and assistance without penalty
from their employer;
(2) to promote the purposes of the Fourteenth
Amendment by protecting the civil and economic
rights of victims of domestic violence and by further-
ing the equal opportunity of women to employment
and economic self-sufficiency;
(3) to minimize the negative impact on inter-
state commerce from dislocations of employees and
243
harmful effects on productivity, health care costs,
and employer costs from domestic violence; and
(4) to accomplish the purposes described in
paragraphs (1), (2) and (3) in a manner that accom-
modates the legitimate interests of employers.
SEC. 743. UNEMPLOYMENT COMPENSATION.
(a) 
UNEMPLOYMENT
COMPENSATION.—Section
3304(a) of the Internal Revenue Code of 1986 is amend-
ed—
(1) by striking ‘‘and’’ at the end of paragraph
(18),
(2) by striking the period at the end of para-
graph (19) and inserting ‘‘; and’’,
(3) by adding after paragraph (19) the follow-
ing:
‘‘(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.’’,
(4) by redesignating subsections (b) through (f)
as subsections (c) through (g), respectively, and
(5) by adding after subsection (a) the following:
‘‘(b) CONSTRUCTION.—
‘‘(1) For the purpose of determining, under
subsection (a)(20), whether an employee’s separation
244
from employment is ‘directly resulting’ from the in-
dividual’s experience of domestic violence, it shall be
sufficient if the separation from employment re-
sulted from—
‘‘(A) the employee’s reasonable fear of fu-
ture domestic violence at or en route to or from
her place of employment;
‘‘(B) the employee’s wish to relocate to an-
other geographic area in order to avoid future
domestic violence against the employee or the
employee’s family;
‘‘(C) the employee’s need to recover from
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 to address domestic violence and its
effects authorized by section 102 of the Family
and Medical Leave Act of 1993; or
‘‘(E) any other respect in which domestic
violence causes the employee to reasonably be-
lieve that termination of employment is nec-
essary for the future safety of the employee or
the employee’s family.
245
‘‘(2) For purposes of subsection (a)(20), where
State law requires the employee to have made rea-
sonable efforts to retain employment as a condition
for receiving unemployment compensation, it shall be
sufficient that the employee—
‘‘(A) sought protection from or assistance
in responding to domestic violence, including
calling the police or seeking legal, social work,
medical, clergy, or other assistance;
‘‘(B) sought safety, including refuge in a
shelter or temporary or permanent relocation,
whether or not the employee actually obtained
such refuge or accomplished such relocation; or
‘‘(C) reasonably believed that options such
as a leave, transfer, or alternative work sched-
ule would not be sufficient to guarantee the em-
ployee or the employee’s family’s safety.
‘‘(3) For purposes of subsection (a)(20), where
State law requires the employee to actively search
for employment after separation from employment
as a condition for receiving unemployment com-
pensation, such requirement shall be deemed to be
met where the employee is temporarily unable to ac-
tively search for employment because the employee is
engaged in seeking safety or relief for the employee
246
or the employee’s family from domestic violence, in-
cluding—
‘‘(A) going into hiding or relocating or at-
tempting to do so, including activities associ-
ated with such relocation or hiding, 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;
‘‘(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 ending domestic violence.
‘‘(4) In determining if an employee meets the
requirements of paragraphs (1), (2), and (3), the
employer of an employee may require the employee
to provide—
‘‘(A) documentation of the domestic vio-
lence, such as police or court records, or docu-
mentation of the domestic violence from a shel-
ter worker or employee of a domestic violence
program, attorney, clergy, or medical or other
247
professional from whom the employee has
sought assistance in addressing domestic vio-
lence and its effects; or
‘‘(B) 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, etc.’’.
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 
under 
section
3304(a)(20) shall be retained in the strictest con-
fidence of the employer, except to the extent con-
sented to by the employee where disclosure is nec-
essary to protect the employee’s safety.’’.
(b) SOCIAL SECURITY PERSONNEL TRAINING.—Sec-
tion 303(a) of the Social Security Act (42 U.S.C.
503(a)(4)) is amended by redesignating paragraphs (4)
through (10) as paragraphs (5) through (11), respectively,
and by adding after paragraph (3) the following:
‘‘(4) Such methods of administration as will en-
sure that claims reviewers and hearing personnel are
248
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 employment
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 vi-
olence’’ includes acts or threats of violence, not including
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 person who is cohabitating
with or has cohabitated with the victim, by a person who
is or has been in a continuing social relationship of a ro-
mantic or intimate nature with the victim, by a person
similarly situated to a spouse of the victim under the do-
mestic or family 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.’’.
249
SEC. 744. ENTITLEMENT TO LEAVE FOR DOMESTIC VIO-
LENCE.
(a) AUTHORITY FOR LEAVE.—Section 102(a)(1) (29
U.S.C. 2612(a)(1)) is amended by adding at the end the
following:
‘‘(E) In order to care for the child or par-
ent of the employee, if such child or parent is
addressing domestic violence and its effects.
‘‘(F) Because the employee is addressing
domestic violence and its effects, the employee
is unable to perform any of the functions of the
position of such employee.’’.
(b) DEFINITION.—Section 101 (29 U.S.C. 2611) is
amended by adding at the end the following:
‘‘(14) ADDRESSING DOMESTIC VIOLENCE AND
ITS EFFECTS.—The term ‘addressing domestic vio-
lence and its effects’ means—
‘‘(A) experiencing domestic violence,
‘‘(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,
250
‘‘(D) attending support groups for victims
of domestic violence,
‘‘(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) any other activity necessitated by do-
mestic violence which must be undertaken dur-
ing hours of employment.’’.
(c) INTERMITTENT OR REDUCED LEAVE.—Section
102(b) (29 U.S.C. 2612(b)) is amended 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
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.’’.
251
(d) PAID LEAVE.—Section 102(d)(2) (29 U.S.C.
2612(d)) is amended by striking ‘‘(C) or (D)’’ and insert-
ing ‘‘(C), (D), (E), or (F)’’.
(e) CERTIFICATION.—Section 103 (29 U.S.C. 2613)
is amended by redesignating subsection (e) as subsection
(f) and by inserting after subsection (d) the following:
‘‘(e) DOMESTIC VIOLENCE.—In determining if an
employee meets the requirements of subparagraph (E) or
(F) of section 102(a)(1), the employer of an employee may
require the employee to provide—
‘‘(1) documentation of the domestic violence,
such as police or court records, or documentation of
the domestic violence from a shelter worker, attor-
ney, clergy, or medical or other professional from
whom the employee has sought assistance in ad-
dressing domestic violence and its effects; or
‘‘(2) 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, etc.’’.
(f) CONFIDENTIALITY.—Section 103 (29 U.S.C.
2613), as amended by subsection (e), is amended—
(1) in the title by adding before the period the
following: ‘‘; CONFIDENTIALITY’’, and
252
(2) by adding at the end the following:
‘‘(g) CONFIDENTIALITY.—All evidence of domestic vi-
olence experienced by an employee or the employee’s child
or parent, including an employee’s statement, any corrobo-
rating evidence, and the fact that an employee has re-
quested leave for the purpose of addressing domestic vio-
lence and its effects, shall be retained in the strictest con-
fidence by the employer, except to the extent consented
to by the employee where disclosure is necessary to protect
the employee’s safety or the safety of coworkers or re-
quested by the employee to document domestic violence
to a court or agency.’’.
SEC. 745. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOY-
EES FOR DOMESTIC VIOLENCE.
(a) AUTHORITY FOR LEAVE.—Section 6382 of title
5, United States Code is amended by adding at the end
the following:
‘‘(E) In order to care for the child or parent of
the employee, if such child or parent is addressing
domestic violence and its effects.
‘‘(F) Because the employee is addressing do-
mestic violence and its effects, the employee is un-
able to perform any of the functions of the position
of such employee.’’.
253
(b) DEFINITION.—Section 6381 of title 5, United
States Code is amended by striking ‘‘and’’ at the end of
paragraph (5), by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’ and by adding at the end
the following:
‘‘(7) the term ‘addressing domestic violence and
its effects’ means—
‘‘(A) experiencing domestic violence,
‘‘(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) attending support groups for victims
of domestic violence,
‘‘(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
255
‘‘(1) documentation of the domestic violence,
such as police or court records, or documentation of
the domestic violence from a shelter worker, attor-
ney, clergy, or medical or other professional from
whom the employee has sought assistance in ad-
dressing domestic violence and its effects; or
‘‘(2) 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, etc.’’.
(f) CONFIDENTIALITY.—Section 6383 of title 5,
United States Code, as amended by subsection (e), is
amended—
(1) in the title by adding before the period the
following: ‘‘; CONFIDENTIALITY’’, and
(2) by adding at the end the following:
‘‘(g) CONFIDENTIALITY.—All evidence of domestic vi-
olence experienced by an employee or the employee’s child
or parent, including an employee’s statement, any corrobo-
rating evidence, and the fact that an employee has re-
quested leave for the purpose of addressing domestic vio-
lence and its effects, shall be retained in the strictest con-
fidence by the employer, except to the extent consented
to by the employee where disclosure is necessary to protect
256
the employee’s safety or the safety of coworkers or re-
quested by the employee to provide documentation to a
court or agency.’’.
SEC. 746. EXISTING LEAVE USABLE FOR DOMESTIC VIO-
LENCE.
(a) USE OF EXISTING LEAVE.—Where an employee
would be otherwise entitled to take paid or unpaid leave
(including family, medical, sick, annual, personal, or simi-
lar leave) from employment pursuant to State law, an ex-
isting benefits program or plan, or a collective bargaining
agreement, employees 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 child or parent
of the employee, if such child or parent is addressing do-
mestic violence and its effects.
(b) DEFINITIONS.—As used in this subtitle:
(1) The term ‘‘addressing domestic violence and
its effects’’ shall have the same meaning as is given
such phrase by section 101(14) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611(14)), as
amended by section 744(b) of this Act.
(2) The term ‘‘employer’’ includes any person
acting directly or indirectly in the interest of an em-
ployer in relation to any employee, if such person is
also subject to the Family and Medical Leave Act of
257
1993 (29 U.S.C. 2601 et seq.) or to any State law
or benefits program or plan addressing paid or un-
paid leave from employment (including family, medi-
cal, sick, annual, personal, or similar leave). The
term ‘‘employer’’ includes a public agency but does
not include any labor organization (other than when
acting as an employer) or anyone acting in the ca-
pacity of officer or agent of such labor organization.
(3) The term ‘‘employee’’ shall have the same
meaning as is given such term by section 701(f) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)).
(c) CERTIFICATION.—In determining whether an em-
ployee qualifies for the leave described in subsection (a),
an employer may require documentation of domestic vio-
lence or corroborating evidence consistent with the provi-
sions of section 103 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2613(e)), as amended by section
744(e) of this Act.
(d) CONFIDENTIALITY.—All evidence of domestic vio-
lence experienced by an employee or the employee’s child
or parent, including an employee’s statement, any docu-
mentation or corroborating evidence, and the fact that the
employee has requested leave for the purpose of address-
ing domestic violence and its effects, shall be retained in
the strictest confidence by the employer, except to the ex-
258
tent consented to by the employee in order to protect the
employee’s safety or the safety of coworkers, or requested
by the employee to document domestic violence to a court
or agency.
(e) 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 enforcement of any alleged
violation of this section against any employer.
(2) PRIVATE
ENFORCEMENT.—The remedies
and procedures set forth in subsection (a) of section
107 of the Family and Medical Leave Act of 1993
(29 U.S.C. 2617) shall be the remedies and proce-
dures pursuant to which an employee may initiate a
legal action against an employer for alleged viola-
tions of this section.
(3) 
EMPLOYER
LIABILITY
UNDER
OTHER
LAWS.—Nothing in this section shall be construed to
limit the liability of an employer to an employee for
harm suffered relating to the employee’s experience
of domestic violence pursuant to any other State or
Federal law or legal remedy.
259
SEC. 747. EFFECT ON OTHER LAWS AND EMPLOYMENT BEN-
EFITS.
(a) MORE PROTECTIVE.—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
benefit program which provides greater unemployment
compensation or leave benefits for employed victims of do-
mestic violence than the rights established under this sub-
title or such amendments.
(b) LESS PROTECTIVE.—The rights established for
employees under this subtitle or the amendments made by
this subtitle shall not be diminished by any collective bar-
gaining agreement, any employment benefit program or
plan, or any State or local law.
SEC. 748. EFFECTIVE DATE.
(a) GENERAL RULE.—Except as provided in sub-
section (b), this subtitle and the amendments made by this
subtitle shall take effect upon the expiration of 180 days
from the date of the 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 the enactment of this Act.
260
(2) MEETING OF STATE LEGISLATURE.—In the
case of a State with respect to which the Secretary
of Labor has determined that the State legislature
is required in order to comply with the amendments
made by section 743, the amendments made by sec-
tion 743 shall apply in the case of compensation
paid for weeks which begin on or after the expiration
of 180 days from the date of the enactment of this
Act and after the end of the first session of the
State legislature which begins after the date of the
enactment of this Act or which began prior to the
date of the enactment of this Act and remained in
session for at least 25 calendar days after such date
of enactment. For purposes of the preceding sen-
tence, the term ‘‘session’’ means a regular, special,
budget, or other session of a State legislature.
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) DEFINITION
OF DOMESTIC VIOLENCE.—The
term ‘‘domestic violence’’ includes acts or threats of vio-
261
lence, not including 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 person
who is cohabitating with or has cohabitated with the vic-
tim, by a person who is or has been in a continuing social
relationship of a romantic or intimate nature with the vic-
tim, by a person similarly situated to a spouse of the vic-
tim under the domestic or family violence laws of the juris-
diction, 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.
(b) DEFINITION OF SEXUAL ASSAULT.—The term
‘‘sexual assault’’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not the
conduct occurs in the special maritime and territorial ju-
risdiction of the United States or in a Federal prison and
includes both assaults committed by offenders who are
strangers to the victim and assaults committed by offend-
ers who are known to the victim or related by blood or
marriage to the victim.
(c) 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
262
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;
(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 bene-
fits described in subsection (d).
(d) GRANTS.—
(1) PURPOSE.—Grants under this section shall
be used for the purposes of developing, testing, pre-
senting, and disseminating model programs to pro-
vide education and training to individuals likely to
come into contact with victims of domestic violence
or sexual assault due to their employment respon-
sibilities, including, but not limited to—
(A) campus personnel, such as administra-
tors, housing officers, resident advisors, coun-
selors, and others;
(B) caseworkers, supervisors, administra-
tors, administrative law judges, and other indi-
viduals administering Federal and State bene-
263
fits programs, such as child welfare and child
protective services, Temporary Assistance to
Needy Families, social security disability, child
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, and attorneys;
(D) mental and behavioral health profes-
sionals, such as psychologists, psychiatrists, so-
cial workers, therapists, counselors, and others;
(E) 
religious 
professionals, 
such 
as
clergypersons and lay employees; and
(F) health care professionals, such as those
from the fields of medicine, osteopathy, and
nursing, physicians’ assistants, and allied pro-
fessionals.
(2) PRIORITY.—In awarding such grants, the
Attorney General shall give priority to the individual
areas, professions, and personnel described in sub-
paragraphs (A) through (E) of paragraph (1) that
are currently being supported less extensively by
other Federal, State, and private funding sources, as
264
well as those that address the needs of underserved
populations (as that term is defined in 42 U.S.C.
3796gg–2(7), as amended by title VI of this Act).
(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.
(e) 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 1999 through 2003.
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;
(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-
265
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; and
(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-
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’
266
compensation benefits, based on the employer’s role
in the act of workplace violence.
TITLE 
VIII—EDUCATIONAL 
IN-
STITUTIONS AND VIOLENCE
AGAINST WOMEN
Subtitle A—Grants To Reduce Vio-
lent Crimes Against Women on
Campus
SEC. 801. GRANTS TO COMBAT VIOLENT CRIMES AGAINST
WOMEN ON CAMPUSES.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.) is amended—
(1) by redesignating part U as part V;
(2) by redesignating section 2101 as section
2201; and
(3) by inserting after part T the following new
part:
‘‘PART U—GRANTS TO COMBAT VIOLENT CRIMES
AGAINST WOMEN ON CAMPUSES
‘‘SEC. 2101. PURPOSE OF THE PROGRAM AND GRANTS.
‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of
this part is to assist campus administrators and campus
security personnel (including employees, contractors, and
volunteers) to develop and strengthen effective security
267
and investigation strategies to combat violent crimes
against women on campuses, particularly sexual assault,
stalking, and domestic violence and to develop and
strengthen victim services in cases involving violent crimes
against women on campuses which may include partner-
ships with local criminal justice authorities and commu-
nity-based victims services agencies.
‘‘(b) PURPOSES
FOR
WHICH GRANTS
MAY
BE
USED.—Grants under this part shall provide personnel,
training, technical assistance, data collection, and other
equipment for the more widespread apprehension, inves-
tigation, and adjudication of persons committing violent
crimes against women on campuses, and specifically, for
the purposes of—
‘‘(1) training campus administrators and cam-
pus security personnel to more effectively identify
and respond to violent crimes against women on
campus, including the crimes of sexual assault,
stalking, and domestic violence;
‘‘(2) developing and implementing more effec-
tive campus security and investigative policies, pro-
tocols, orders, and services specifically devoted to
preventing, identifying, and responding to violent
crimes against women on campus, including the
268
crimes of sexual assault, stalking, and domestic vio-
lence;
‘‘(3) developing, enlarging, or strengthening vic-
tim services programs, as defined in 42 U.S.C.
3796gg–2(8), for local campuses, including sexual
assault, stalking, and domestic violence programs;
developing or improving delivery of victim services
on campuses, including on-campus programs that
provide counseling, support, and victim advocacy,
whether or not organized and staffed by students in
coordination with community-based victim services;
‘‘(4) supporting improved coordination between
campus administrators and campus security person-
nel, and local criminal justice authorities to reduce
violent crimes against women on campus.
‘‘SEC. 2102. GRANTS.
‘‘(a) GENERAL GRANTS.—The Department of Edu-
cation may make grants to institutions of higher education
for use by campus personnel and student organizations,
and nonprofit nongovernmental victim services programs
for the purposes described in section 2101(b).
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated $10,000,000 for each
of fiscal years 1999, 2000, 2001, 2002, and 2003, to carry
out the purposes of this section.
269
‘‘(c) QUALIFICATION.—Upon satisfying the terms of
subsection (d), any entity described in subsection (a) shall
be qualified for funds provided under this part upon cer-
tification that—
‘‘(1) the funds shall be used for any of the pur-
poses described in section 2101(b);
‘‘(2) grantees shall develop a plan for imple-
mentation and shall consult and coordinate with
nonprofit, nongovernmental victim services pro-
grams, including sexual assault and domestic vio-
lence victim services programs and State sexual as-
sault and domestic violence coalitions;
‘‘(3) of the total grant amount awarded by the
Secretary, grantees shall make the following alloca-
tions:
‘‘(A) at least 20 percent shall be allocated
each to campus security and to campus admin-
istrators;
‘‘(B) at least 10 percent shall be allocated
to the purposes described in section 2101(b)(4);
and
‘‘(C) At least 30 percent shall be allocated
to victims’ services programs; and
‘‘(4) any Federal funds received under this part
shall be used to supplement, not supplant, non-Fed-
270
eral funds that would otherwise be available for ac-
tivities funded under this subtitle.
‘‘(d) APPLICATION REQUIREMENTS.—The applica-
tion requirements provided in section 513 (42 U.S.C.
3763) shall apply under this part. In addition, each appli-
cation should include the certifications of qualification re-
quired by subsection (c), including documentation from
nonprofit, nongovernmental victim services programs, de-
scribing their participation in developing the plan required
by subsection (c)(2). An application shall include—
‘‘(1) documentation from the institution and
victim services programs to be assisted, demonstrat-
ing—
‘‘(A) need for the grant funds;
‘‘(B) intended use of the grant funds;
‘‘(C) expected results from the use of the
grants funds; and
‘‘(D) characteristics of the population
being served, including number of students and
type of campus and demographic characteristics
of the population and documentation of services
to underserved populations, as that term is de-
fined in 42 U.S.C. 3796gg–2(7), as amended by
title VI of this Act.
‘‘(e) DISBURSEMENT.—
271
‘‘(1) IN
GENERAL.—Not later than 60 days
after the receipt of an application under this part,
the Secretary shall—
‘‘(A) disburse the appropriate sums pro-
vided for under this part; or
‘‘(B) inform the applicant why the applica-
tion does not conform to the terms of section
513 (42 U.S.C. 3763) or to the requirements of
this section.
‘‘(2) REGULATIONS.—In disbursing moneys
under this part, the Secretary shall—
‘‘(A) give priority to areas of varying geo-
graphic size with the greatest showing of need
based on the availability of existing domestic vi-
olence, stalking, and sexual assault programs
on the campuses to be served in relation to the
availability of such programs on other such
campuses;
‘‘(B) equitably distribute moneys on a geo-
graphic basis including nonurban and rural
areas of various geographic sizes; and
‘‘(C) recognize and address the needs of
underserved populations.
‘‘(f) FEDERAL SHARE.—The Federal share of a
grant made under this subtitle may not exceed 75 percent
272
of the total cost of the projects described in the application
submitted.
‘‘SEC. 2103. DEFINITIONS.
‘‘In this part—
‘‘(1) the term ‘domestic violence’ includes acts
or threats of violence, not including acts of self de-
fense, committed by a current or former spouse of
the victim, by a person with whom the victim shares
a child in common, by a person who is cohabitating
with or has cohabitated with the victim, by a person
who is or has been in a continuing social relationship
of a romantic or intimate nature with the victim, by
a person similarly situated to a spouse of the victim
under the domestic or family violence laws of the ju-
risdiction, 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;
and
‘‘(2) the term ‘sexual assault’ means any con-
duct proscribed by chapter 109A of title 18, United
States Code, whether or not the conduct occurs in
the special maritime and territorial jurisdiction of
the United States or in a Federal prison and in-
cludes both assaults committed by offenders who are
strangers to the victim and assaults committed by
273
offenders who are known to the victim or related by
blood or marriage to the victim.
‘‘SEC. 2104. GENERAL TERMS AND CONDITIONS.
‘‘(a) NONMONETARY ASSISTANCE.—In addition to
the assistance provided under this part, the Secretary may
request any Federal agency to use its authorities and the
resources granted to it under Federal law (including per-
sonnel, equipment, supplies, facilities, and managerial,
technical, and advisory services) in support of campus se-
curity and investigation and victim service efforts.
‘‘(b) REGULATIONS OR GUIDELINES.—Not later than
120 days after the date of enactment of this part, the Sec-
retary shall publish proposed regulations or guidelines im-
plementing this part, including a mechanism for the Sec-
retary to make individual program evaluations publicly
available. Not later than 180 days after the date of enact-
ment, the Secretary shall publish final regulations or
guidelines implementing this part.’’.
SEC. 802. NATIONAL BASELINE STUDY ON UNIVERSITY
CAMPUS PROCEDURES IN CASE OF A REPORT
OF SEXUAL ASSAULT.
(a) STUDY.—The Secretary of Education, in con-
sultation with the Department of Justice, shall provide for
a national baseline study to examine college and university
procedures upon receiving the report of a sexual assault.
274
(b) REPORT.—The study required by subsection (a)
should include the analysis of—
(1) the existence and publication of institution’s
and State law definition of sexual assault;
(2) the existence and publication of the institu-
tion’s formal policy for campus sexual assaults;
(3) to whom reports are stated most often—
(A) how these authorities are trained to
deal with the reports; and
(B) the extent to which they are trained;
(4) the reporting options which are articulated
to the victim or victims of the crime—
(A) on campus reporting and procedure
options; and
(B) off campus (State) reporting and pro-
cedure options;
(5) the resources available for victim’s safety,
support, medical health, and confidentiality—
(A) how well these resources are articu-
lated both specifically to the victim of a sexual
assault and generally to the campus at large;
and
(B) the security of these resources in
terms of confidentiality or reputation or both;
275
(6) policies and practices that may prevent or
discourage the reporting of campus sexual assaults
to local criminal authorities, or that may otherwise
obstruct justice or interfere with the prosecution of
perpetrators of campus sexual assaults;
(7) policies and practices found successful in
aiding the report and any ensuing investigation or
prosecution of a campus sexual assault;
(8) the on campus procedures for investigation
and disciplining the perpetrator—
(A) the format for collecting evidence; and
(B) the format of the investigation and
disciplinary proceeding itself—
(i) the faculty responsible for running
the disciplinary procedure; and
(ii) the persons allowed to attend the
disciplinary procedure; and
(9) types of punishment for offenders—
(A) whether case directed outside to fur-
ther punishment; and
(B) how individual institutions punish per-
petrators.
(c) SUBMISSION OF REPORT.—The report required
by subsection (b) shall be submitted to Congress no later
than September 1, 1998.
276
(d) DEFINITION.—For purposes of this section, the
term ‘‘campus sexual assaults’’ includes sexual assaults
occurring at institutions of postsecondary education and
sexual assaults committed against or by students or em-
ployees of such institutions.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
shall be authorized to be appropriated to carry out the
purposes of this section $200,000 for fiscal year 1999.
Subtitle B—Student Safety
SEC. 811. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Student Safety Act’’.
(b) REFERENCES.—Except as otherwise provided
therein, whenever in this subtitle an amendment or repeal
is expressed in terms of a section or other provision, such
amendment or repeal shall be considered to be made to
a section or other provision of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.).
SEC. 812. DISCLOSURE OF CRIMES REPORTED AND CRIME
LOG.
(a) ANNUAL STATISTICS.—Section 485(f)(1)(F) (20
U.S.C. 1092(f)(1)(F)) is amended—
(1) by striking ‘‘campus security authorities or
local police agencies’’ and inserting ‘‘campus security
or law enforcement; other campus officials (including
277
administrators, deans, disciplinary officers, athletic
department officials, and resident advisers) to whom
crimes are reported; or local law enforcement’’;
(2) by striking clauses (i) through (vi) and in-
serting the following:
‘‘(i) homicide, including—
‘‘(I) murder or nonnegligent man-
slaughter; or
‘‘(II) negligent manslaughter;
‘‘(ii) sexual assault as defined in section
2003(6) of the Omnibus Crime Control and
Safe Streets Act (42 U.S.C. 3796gg–2(6));
‘‘(iii) robbery;
‘‘(iv) aggravated assault;
‘‘(v) burglary;
‘‘(vi) larceny;
‘‘(vii) motor vehicle theft; and
‘‘(viii) a hate crime as defined under the
Hate Crimes Sentencing Enhancement Act (28
U.S.C. 994 note).’’.
(b) ANNUAL SUBMISSION.—Paragraph (4) of section
485(f) (20 U.S.C. 1092(f)(4)) is amended to read as fol-
lows:
‘‘(4)(A) Each institution participating in any pro-
gram under this title shall annually submit to the Sec-
278
retary a copy of the statistics required to be made avail-
able pursuant to paragraphs (1)(F) and (1)(H).
‘‘(B) The Secretary shall collect such statistics and
report each set in its entirety, with each institution and
campus clearly identified, to the Committee on Education
and the Workforce of the House of Representatives, the
Committee on Labor and Human Resources of the Senate,
each participating institution, and the public via printed
means, the Internet, and such other means as the Sec-
retary shall determine. This report shall be issued on or
before February 1 of each year.’’.
(c) COMPILATION METHOD.—Paragraph (6) of sec-
tion 485(f) (20 U.S.C. 1092(f)(6)) is amended to read as
follows:
‘‘(6)(A) The statistics described in paragraphs (1)(F)
and (1)(H) shall be compiled in accordance with the stand-
ards and definitions used in the uniform crime reporting
system of the Department of Justice, Federal Bureau of
Investigation, and the modifications in such standards and
definitions as implemented pursuant to the Hate Crime
Statistics Act (28 U.S.C. 534, note) and shall include in-
formation, if available, about any family, marital, or inti-
mate partner relationship between the victim and the al-
leged perpetrator.
279
‘‘(B)(i) The accuracy of the statistics described in
paragraphs (1)(F) and (1)(H) shall be certified by an offi-
cial designated by each institution who is charged with
compiling statistics for inclusion. Such official shall be re-
sponsible for disseminating the information required
under this paragraph as well as the monthly reports re-
quired under paragraph (4)(B).
‘‘(ii) Such official shall ensure, to the maximum ex-
tent possible, that the annual statistics required under this
paragraph are not duplicative of incidents included in the
reports required under paragraph (4)(B).
‘‘(iii) Such official shall also be responsible for coordi-
nating and disseminating information regarding campus-
based and community-based crime prevention programs.
‘‘(iv) Such official shall not identify victims of crimes
or those accused of crimes in publishing the statistics de-
scribed in paragraphs (1)(F) and (1)(H) or in disseminat-
ing the reports required under paragraph (4)(B) or the
information described in subparagraph (iii).’’.
(d) CRIME LOGS.—Section 485(f) is further amend-
ed—
(1) by redesignating paragraphs (4) through
(7) as paragraphs (5) through (8), respectively; and
(2) by inserting after paragraph (3) the follow-
ing new paragraph:
280
‘‘(4)(A) Each institution participating in any pro-
gram under this title which maintains either a police or
security department of any kind shall make a monthly re-
port, written in a form that can be easily understood, that
records in chronological order all crimes reported to such
police or security department. Such reports shall not iden-
tify victims of the crime or persons accused of the crime,
but shall include, in a manner determined by the Sec-
retary—
‘‘(i) the nature, date, time, and general location
of each crime; and
‘‘(ii) the disposition of the complaint, if known.
‘‘(B) Monthly reports shall be disseminated through
at least the following means: campus-sponsored publica-
tions (including student newspapers), notice through resi-
dent advisory organizations, and electronic networks.’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect on September 1, 1998.
SEC. 813. EXEMPTION OF ALLEGATIONS OF CRIMINAL AC-
TIVITY FROM EDUCATION RECORDS DEFINI-
TION.
(a) AMENDMENT.—Section 444(a)(4)(B) of the Gen-
eral Education Provisions Act (20 U.S.C. 1232g(a)(4)(B))
is amended—
281
(1) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively; and
(2) by inserting after clause (ii) the following
new clause:
‘‘(iii) records which are made or maintained by
any officer, office, department, or individual em-
ployee of an educational agency or institution
about—
‘‘(I) individuals who have been found guilty
of, or have pled guilty to, committing or partici-
pating in any criminal activity as defined in
local, State, or Federal law alleged to have oc-
curred while the individual was a student in at-
tendance, including audit or noncredit, at an
educational agency or institution;
‘‘(II) the findings of any campus discipli-
nary proceedings;
‘‘(III) the sanctions incurred (if any), and
any subsequent findings or amendments to such
sanctions;
‘‘(IV) findings of guilt of criminal mis-
conduct and related sanctions from any pre-
viously attended educational agencies or institu-
tions where such records were created on or
after September 1, 1998, and which are main-
282
tained by the institution currently or most re-
cently attended by the individual; and
‘‘(V) any criminal acts required to be re-
ported under paragraph (1)(F), (1)(H), or (4)
of section 485(f) of the Higher Education Act
of 1965 (20 U.S.C. 1092(f)).’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on September 1, 1998.
SEC. 814. PROGRAM PARTICIPATION AGREEMENT EN-
FORCEMENT.
(a) PROGRAM
PARTICIPATION
AGREEMENT
RE-
QUIREMENTS.—Section 
487(a)(12) 
(20 
U.S.C.
1094(a)(12)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(C) the policies and crime statistics dis-
closed under section 485(f) are comprehensive
and accurate.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on September 1, 1998.
283
SEC. 815. REPORT ON MODEL PROGRAMS.
(a) REPORT REQUIRED.—The Attorney General and
the Secretary of Education shall publish annually a report
identifying model programs for improving campus safety
and complying with the requirements of section 485(f) of
the Higher Education Act of 1965 (20 U.S.C. 1092(f)),
including an identification of programs at institutions of
varying sizes and purposes.
(b) DISSEMINATION
OF REPORT.—The report re-
quired by subsection (a) shall—
(1) be transmitted to the Committee on the Ju-
diciary and the Committee on Education and the
Workforce of the House of Representatives, and the
Committee on the Judiciary and the Committee on
Labor and Human Resources of the Senate; and
(2) be provided to each participating institution
and the public via printed means, the Internet, and
such other means as the Secretary of Education
shall determine.
Subtitle 
C—Violence 
Against
Women Training for Health Pro-
fessions
SEC. 821. SHORT TITLE.
This subtitle may be cited as the ‘‘Violence Against
Women Training for Health Professions Act’’.
284
SEC. 822. ESTABLISHMENT, FOR CERTAIN HEALTH PROFES-
SIONS PROGRAMS, OF PROVISIONS REGARD-
ING DOMESTIC VIOLENCE AND SEXUAL AS-
SAULT.
(a) TITLE VII PROGRAMS; PREFERENCES IN FINAN-
CIAL AWARDS.—Section 791 of the Public Health Service
Act (42 U.S.C. 295j) is amended by redesignating sub-
section (c) as subsection (d), and by inserting after sub-
section (b) the following subsection:
‘‘(c) PREFERENCES REGARDING TRAINING IN IDEN-
TIFICATION AND REFERRAL OF VICTIMS OF DOMESTIC
VIOLENCE AND SEXUAL ASSAULT.—
‘‘(1) IN GENERAL.—In the case of a health pro-
fessions entity specified in paragraph (2), the Sec-
retary shall, in making awards of grants or contracts
under this title, give preference to any such entity
(if otherwise a qualified applicant for the award in-
volved) that has in effect the requirement that, as a
condition of receiving a degree or certificate (as ap-
plicable) from the entity, each student have had sig-
nificant training developed in consultation and col-
laboration with national, State, and local domestic
violence and sexual assault coalitions and programs
in carrying out the following functions as a provider
of health care:
285
‘‘(A) Identifying victims of domestic vio-
lence and sexual assault, and maintaining com-
plete medical records that include documenta-
tion of the examination, treatment given, and
referrals made, and recording the location and
nature of the victim’s injuries.
‘‘(B) Examining and treating such victims,
within the scope of the health professional’s dis-
cipline, training, and practice, including, at a
minimum, providing medical advice regarding
the dynamics and nature of domestic violence
and sexual assault.
‘‘(C) Referring the victims to public and
nonprofit private entities that provide services
for such victims.
‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI-
TIES.—For purposes of paragraph (1), a health pro-
fessions entity specified in this paragraph is any en-
tity that is a school of medicine, a school of osteo-
pathic medicine, a graduate program in mental
health practice, a school of nursing (as defined in
section 853), a program for the training of physician
assistants, or a program for the training of allied
health professionals.
286
‘‘(3) REPORT TO CONGRESS.—Not later than 2
years after the date of the enactment of the Violence
Against Women Training for Health Professions
Act, the Secretary shall submit to the Committee on
Commerce of the House of Representatives, and the
Committee on Labor and Human Resources of the
Senate, a report specifying the health professions en-
tities that are receiving preference under paragraph
(1); the number of hours of training required by the
entities for purposes of such paragraph; the extent
of clinical experience so required; and the types of
courses through which the training is being pro-
vided, including the extent of involvement of non-
profit nongovernmental domestic violence and sexual
assault victims services programs in the training.
‘‘(4) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘domestic violence’ includes
acts or threats of violence, not including 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 cohabitating with or has cohabitated
with the victim, by a person who is or has been
in a continuing social relationship of a romantic
287
or intimate nature with the victim, by a person
similarly situated to a spouse of the victim
under the domestic or family 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; and
‘‘(B) the term ‘sexual assault’ means any
conduct proscribed by chapter 109A of title 18,
United States Code, whether or not the conduct
occurs in the special maritime and territorial
jurisdiction of the United States or in a Federal
prison and includes both assaults committed by
offenders who are strangers to the victim and
assaults committed by offenders who are known
to the victim or related by blood or marriage to
the victim.’’.
(b) TITLE VIII PROGRAMS; PREFERENCES IN FI-
NANCIAL AWARDS.—Section 860 of the Public Health
Service Act (42 U.S.C. 298b–7) is amended by adding at
the end the following subsection:
‘‘(f) PREFERENCES REGARDING TRAINING IN IDEN-
TIFICATION AND REFERRAL OF VICTIMS OF DOMESTIC
VIOLENCE AND SEXUAL ASSAULT.—
288
‘‘(1) IN GENERAL.—In the case of a health pro-
fessions entity specified in paragraph (2), the Sec-
retary shall, in making awards of grants or contracts
under this title, give preference to any such entity
(if otherwise a qualified applicant for the award in-
volved) that has in effect the requirement that, as a
condition of receiving a degree or certificate (as ap-
plicable) from the entity, each student have had sig-
nificant training developed in consultation and col-
laboration with national, State, and local domestic
violence and sexual assault coalitions and programs
in carrying out the following functions as a provider
of health care:
‘‘(A) Identifying victims of domestic vio-
lence and sexual assault, and maintaining com-
plete medical records that include documenta-
tion of the examination, treatment given, and
referrals made, and recording the location and
nature of the victim’s injuries.
‘‘(B) Examining and treating such victims,
within the scope of the health professional’s dis-
cipline, training, and practice, including, at a
minimum, providing medical advice regarding
the dynamics and nature of domestic violence
and sexual assault.
289
‘‘(C) Referring the victims to public and
nonprofit private entities that provide services
for such victims.
‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI-
TIES.—For purposes of paragraph (1), a health pro-
fessions entity specified in this paragraph is any en-
tity that is a school of nursing or other public or
nonprofit private entity that is eligible to receive an
award described in such paragraph.
‘‘(3) REPORT TO CONGRESS.—Not later than 2
years after the date of the enactment of the Violence
Against Women Training for Health Professions Act
of 1997, the Secretary shall submit to the Commit-
tee on Commerce of the House of Representatives,
and the Committee on Labor and Human Resources
of the Senate, a report specifying the health profes-
sions entities that are receiving preference under
paragraph (1); the number of hours of training re-
quired by the entities for purposes of such para-
graph; the extent of clinical experience so required;
and the types of courses through which the training
is being provided and the extent of involvement of
nonprofit nongovernmental domestic violence and
sexual assault victims services programs in the train-
ing.
290
‘‘(4) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘domestic violence’ includes
acts or threats of violence, not including 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 cohabitating with or has cohabitated
with the victim, by a person who is or has been
in a continuing social relationship of a romantic
or intimate nature with the victim, by a person
similarly situated to a spouse of the victim
under the domestic or family 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; and
‘‘(B) the term ‘sexual assault’ means any
conduct proscribed by chapter 109A of title 18,
United States Code, whether or not the conduct
occurs in the special maritime and territorial
jurisdiction of the United States or in a Federal
prison and includes both assaults committed by
offenders who are strangers to the victim and
assaults committed by offenders who are known
291
to the victim or related by blood or marriage to
the victim.’’.
Subtitle D—Campus Hate Crimes
Right To Know
SEC. 831. DISCLOSURE.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Campus Hate Crimes Right to Know Act’’.
(b) FINDINGS.—Congress finds that—
(1) the incidence of violence on college cam-
puses based on race, gender, religion, sexual orienta-
tion, ethnicity, or disability poses a serious national
problem;
(2) such violence disrupts the tranquility and
safety of campuses and is deeply divisive;
(3) hate crimes include crimes in which the per-
petrator intentionally selects a victim because of the
actual or perceived race, gender, religion, sexual ori-
entation, ethnicity, or disability of the victim;
(4) existing Federal reporting requirements
only require colleges and universities to report hate
crimes that result in murder, rape, or aggravated as-
sault;
(5) existing reporting requirements are inad-
equate to deal with the problem of hate crimes since
the vast majority of hate crimes that occur on col-
293
about such crimes and develop programs and strate-
gies to combat such crimes.
(c) AMENDMENT.—Section 485(f)(1)(F) of the High-
er Education Act of 1965 (20 U.S.C. 1092(f)(1)(F)) is
amended—
(1) by redesignating clauses (i) through (viii),
as amended by this title, as subclauses (I) through
(VIII), respectively;
(2) by striking ‘‘Statistics’’ and inserting ‘‘(i)
Statistics’’; and
(3) by adding at the end the following:
‘‘(ii) Statistics concerning the occurrence on
campus, during the most recent calendar year, and
during the 2 preceding calendar years for which data
are available, of all criminal incidents that manifest
evidence of prejudice based on actual or perceived
race, gender, religion, sexual orientation, ethnicity,
or disability that are reported to campus security
authorities or local police agencies. The statistics
shall be collected and reported according to category
of prejudice.’’.
294
TITLE 
IX—VIOLENCE 
AGAINST
WOMEN INTERVENTION, PRE-
VENTION, 
AND 
EDUCATION
RESEARCH
SEC. 901. VIOLENCE AGAINST WOMEN INTERVENTION, PRE-
VENTION, AND EDUCATION RESEARCH.
The Violence Against Women Act of 1994 (108 Stat.
1902), as amended by this Act, 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 the
Violence Against Women Act of 1994—
‘‘(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 interventions;
‘‘(B) funding for research on violence
against women is spread across numerous Fed-
eral agencies with no mechanism through which
295
to coordinate these efforts or to link with other
federally sponsored research 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.
‘‘(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-
296
tween violence and disease including intervening
variables.
‘‘(5) Violence against women occurs within the
context of a sociocultural environment that should
be studied to assist in a greater understanding of
those factors that promote and maintain violence
against women and to provide a framework for de-
veloping and assessing education, prevention, and
intervention strategies.
‘‘SEC. 40902. MULTI-AGENCY TASK FORCE.
‘‘(a) PURPOSES.—The Secretary of Health and
Human Services and the Attorney General shall establish
a multi-agency task force to coordinate research on vio-
lence against women. The task force shall comprise rep-
resentation from all Federal agencies that fund such re-
search.
‘‘(b) USES OF FUNDS.—Funds appropriated under
this section shall be used to—
‘‘(1) develop a coordinated strategy to strength-
en research focussed on education, prevention, and
intervention strategies on violence against women;
‘‘(2) track and report on all Federal research
and expenditures on violence against women;
‘‘(3) identify gaps in research and develop cri-
teria for all Federal agencies for evaluating research
297
proposals, taking into account the context within
which women live their lives, including the broad so-
cial and cultural context as well as individual fac-
tors; and
‘‘(4) set priorities for research efforts that ex-
plore factors such as race, social, and economic
class, geographic location, age, language, sexual ori-
entation, disability, and other factors that shape the
context and experience of violence in women’s lives.
‘‘(c) AUTHORIZATION
OF APPROPRIATION.—There
shall be appropriated $500,000 for each of fiscal years
1999, 2000, and 2001 to fulfill the purposes of this sec-
tion.
‘‘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, and academic institutions, to support research to
further the understanding of the causes of violent behavior
against women and to evaluate education, prevention, and
intervention programs.
‘‘(b) USE OF FUNDS.—The research conducted under
this section shall include, but not be limited to the follow-
298
ing areas and others that may be identified by the Task
Force established under section 902 of this title—
‘‘(1) longitudinal research to study the develop-
mental trajectory of violent behavior against women
and the way such violence differs from other violent
behaviors;
‘‘(2) examination of risk factors for sexual and
intimate partner violence for victims and perpetra-
tors, such as poverty, childhood victimization and
other traumas;
‘‘(3) examination of short- and long-term ef-
forts of programs designed to prevent sexual and in-
timate partner violence;
‘‘(4) outcome evaluations of interventions tar-
geted at children and teenagers;
‘‘(5) examination of and documentation of the
processes and informal strategies women experience
in attempting to manage and end the violence in
their lives; and
‘‘(6) development and testing of effective meth-
ods of screening and providing services at all points
of entry to the health care system, including mental
health, emergency medicine, and primary care.
299
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
shall be appropriated $6,000,000 for each of the fiscal
years 1999, 2000, and 2001.
‘‘SEC. 40904. ADDRESSING GAPS IN RESEARCH.
‘‘(a) PURPOSES.—The Department of Health and
Human Services and the Department of Justice shall
make grants to domestic violence and sexual assault orga-
nizations, research organizations and academic institu-
tions for the purpose of expanding knowledge about vio-
lence against women, with a particular emphasis on ex-
ploring such issues as they affect underserved commu-
nities.
‘‘(b) USES OF FUNDS.—Funds appropriated under
this section shall be used to examine, but not be limited
to, the following areas—
‘‘(1) development of national- and community-
level survey studies to measure the incidence and
prevalence of violence against women in underserved
populations and the definitions women use to de-
scribe their experience of violence;
‘‘(2) qualitative and quantitative research to
understand how factors such as race, ethnicity, so-
cioeconomic status, age, language, disability, and
sexual orientation shape the context and experience
of violence in women’s lives, as well as the education,
300
prevention, and intervention strategies available to
women and girls;
‘‘(3) study of the availability and accessibility of
State and local legal remedies to victims of intimate
partner violence within the context of a same sex in-
timate relationship;
‘‘(4) study of violence against women as a risk
factor for diseases from a multivariate perspective;
‘‘(5) examine the prevalence and dynamics of
emotional and psychological abuse, the effects on
women of such abuse, and the education, prevention,
and intervention strategies that are available to ad-
dress this type of abuse;
‘‘(6) an examination of the need for and avail-
ability of legal assistance and services for victims of
sexual assault;
‘‘(7) the use of nonjudicial alternative dispute
resolution (such as mediation, negotiation, concilia-
tion, and restorative justice models) in cases where
domestic violence is a factor, comparing nonjudicial
alternative dispute resolution and traditional judicial
methods based upon the quality of representation of
the 
victim, 
training 
of 
mediators 
or 
other
facilitators, satisfaction of the parties, and outcome
301
of the proceedings, as well as other factors that may
be identified;
‘‘(8) the examination of effective models to ad-
dress domestic violence in child protective services
and child welfare agencies, including documenting
the scope of the problem, identifying the risk of
harm perpetrators of domestic violence pose to chil-
dren and pose to parents who are victims of domes-
tic violence, and examining effective models to ad-
dress domestic violence in the context of child wel-
fare and child protection that protect children while
protecting parents who are victims of domestic vio-
lence; and
‘‘(9) other such research as may be determined
by the Task Force established under section 40902
in consultation with domestic violence and sexual as-
sault advocates, coalitions, national experts, and re-
searchers.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
shall be appropriated $4,500,000 for each of fiscal years
1999, 2000, and 2001 to carry out this section.
‘‘SEC. 40905. STUDY.
‘‘The United States Sentencing Commission shall
study the following and report to the Congress—
302
‘‘(1) sentences given to persons incarcerated in
Federal and State prison for assault or homicide
crimes in which the relationship to the victim was a
spouse, former spouse, or intimate partner;
‘‘(2) the effect of illicit drugs and alcohol on do-
mestic violence and the sentences imposed for of-
fenses involving such illicit drugs and alcohol where
domestic violence occurred;
‘‘(3) the extent to which acts of domestic vio-
lence committed against the defendant, including co-
ercion, may play a role in the commission of an of-
fense;
‘‘(4) analysis delineated by race, gender, type of
offense, and any other categories that would be use-
ful for understanding the problem; and
‘‘(5) recommendations with respect to the of-
fenses described in this section particularly any basis
for a downward adjustment in any applicable guide-
lines determination.
‘‘SEC. 40906. RESEARCH ON PREGNANCY AND SEXUAL AS-
SAULT.
‘‘(a) PURPOSES.—The Secretary of Health and
Human Services, in conjunction with the Attorney Gen-
eral, shall award grants to nonprofit entities, including
sexual assault organizations, research organizations, and
303
academic institutions, to gather qualitative and quan-
titative data on the experiences of women and girls who
become pregnant as a result of sexual assault within State
health care, judicial, and social services systems.
‘‘(b) USE OF FUNDS.—This research shall include
issues such as—
‘‘(1) the incidence and prevalence of pregnancy
resulting from sexual assault, including the ages of
the victim and perpetrator, and any relationship of
the perpetrator to the victim (such as family, ac-
quaintance, intimate partner, spouse, household
member, etc.);
‘‘(2) the degree to which State adoption, child
custody, visitation, child support, parental termi-
nation, and child welfare criminal justice laws and
policies serve the needs of women and girls who be-
come pregnant as a result of sexual assault;
‘‘(3) the impact of State social services rules,
policies and procedures, such as paternity establish-
ment, family cap, medicaid and other health benefits
policies and procedures, on women and girls who be-
come pregnant as a result of sexual assault and on
those children born as a result of the sexual assault;
‘‘(4) the availability of public or private legal,
medical, mental health, counseling, financial and
304
other forms of assistance to women and girls who
become pregnant as a result of sexual assault and to
the children born as a result of the sexual assault,
including the extent to which barriers exist in ac-
cessing assistance for women and girls in particular
racial, ethnic, language minority, or geographically
isolated populations, or because of their alienage sta-
tus, disability, sexual orientation or income level;
and
‘‘(5) recommendations for improvements in
State health care, judicial and social services sys-
tems to address the needs of women and girls who
become pregnant as a result of sexual assault and of
the children born as a result of the sexual assault.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$500,000 for fiscal year 1999.
‘‘SEC. 40907. STATUS REPORT ON LAWS REGARDING RAPE
AND SEXUAL ASSAULT OFFENSES.
‘‘(a) STUDY.—The Attorney General, in consultation
with national, State, and local domestic violence and sex-
ual assault coalitions and programs, including, nationally
recognized experts on sexual assault, such as from the ju-
diciary, the legal profession, psychological associations,
and sex offender treatment providers, shall conduct a na-
305
tional study to examine the status of the law with respect
to rape and sexual assault offenses and the effectiveness
of the implementation of laws in addressing such crimes
and protecting their victims. The Attorney General may
utilize the Bureau of Justice Statistics, the National Insti-
tute of Justice, and the Office for Victims of Crime in
carrying out this section.
‘‘(b) REPORT.—Based on the study required under
subsection (a), the Attorney General shall prepare a re-
port, including an analysis of the uniformity of the rape
and sexual assault laws including sex offenses committed
against children and sex offenses involving penetration of
any kind among the States and their effectiveness in pros-
ecuting crimes of rape and sexual assault offenses as fol-
lows:
‘‘(1) Definitions of rape and sexual assault, in-
cluding any marital rape exception and any other ex-
ception or downgrading of offense.
‘‘(2) Element of consent and coercive conduct,
including deceit.
‘‘(3) Element of physical resistance and affirm-
ative nonconsent as a precondition for conviction.
‘‘(4) Element of force, including penetration re-
quirement as aggravating factor and use of coercion.
‘‘(5) Evidentiary matters—
306
‘‘(A) inferences—timeliness of complaint
under the Model Penal Code;
‘‘(B) post traumatic stress disorder (in-
cluding rape trauma syndrome) relevancy of
scope and admissibility;
‘‘(C) rape shield laws—in camera evi-
dentiary determinations;
‘‘(D) prior bad acts; and
‘‘(E) corroboration requirement and cau-
tionary jury instructions.
‘‘(6) Existence of special rules for rape and sex-
ual assault offenses.
‘‘(7) Use of experts.
‘‘(8) Sentencing—
‘‘(A) plea bargains;
‘‘(B) presentence reports;
‘‘(C) recidivism and remorse;
‘‘(D) adolescents;
‘‘(E) psychological injuries;
‘‘(F) gravity of crime and trauma to vic-
tim; and
‘‘(G) race.
‘‘(9) Any personal or professional relationship
between the perpetrator and the victim.