(ii) demonstrate through a memoran-
dum of understanding collaboration with
and support of the State sexual assault co-
alition and local rape crisis center or sex-
ual assault program in the locality where
the supervised visitation center will be op-
erated;
(C) provide supervised visitation and visi-
tation exchange services over the duration of a
court order to promote continuity and stability;
(D) demonstrate that adequate security
measures, including adequate facilities, proce-
dures and personnel capable of preventing vio-
lence, are in place for the operation of super-
vised visitation; and
(E) describe in detail the standards by
which the supervised visitation center will oper-
ate.
(d) REPORTING.—Not later than 60 days after the
end of each fiscal year, the Attorney General shall report
to Congress, categorized by State, information concern-
ing—
(1) the number of individuals including number
of parents and children served and the number of in-
dividuals turned away from services, the number of
individuals from underserved populations (as such
term is defined in section 2003(7) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg–2(7))), as amended by title VI of
this Act, served and turned away from services, and
the type of presenting problems that underlie the
need for supervised visitation or visitation exchange,
such as domestic violence, child sexual abuse, emo-
tional abuse or other physical abuse of children, or
a combination of such factors;
(2) the numbers of supervised visitations or vis-
itation exchanges ordered during custody determina-
tions under a separation or divorce decree, under a
protection order, through child protection services,
through other social services agencies or by any
other order of a civil, criminal, juvenile, family, or
tribal court;
(3) the process by which children or abused
partners are protected during visitations, temporary
custody transfers and other activities for which the
supervised visitation centers are created;
(4) safety and security problems occurring dur-
ing the reporting period during supervised visitations
or at visitation centers including the number of pa-
rental abductions;
(5) the number of parental abduction cases in
a judicial district using supervised visitation services,
both as identified in criminal prosecution and cus-
tody violations;
(6) program standards across the country that
are in place for operating a supervised visitation cen-
ter; and
(7) any other appropriate information des-
ignated in regulations promulgated by the Attorney
General.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—For the purpose of awarding
grants, contracts, and cooperative agreements under
this section, there are authorized to be appropriated
$75,000,000 for fiscal year 1999, $85,000,000 for
fiscal year 2000, $95,000,000 for fiscal year 2001,
$105,000,000 
for 
fiscal 
year 
2002, 
and
$115,000,000 for fiscal year 2003.
(2) DISTRIBUTION.—Of the amounts appro-
priated under subparagraph (A) for each fiscal year,
not less than 95 percent shall be used to award
grants, contracts, or cooperative agreements. At
least 5 percent of the funds appropriated under this
subtitle shall be used for grants to tribal organiza-
tions.
Subtitle 
B—Violence 
Against
Women 
Prevention 
Among
Youth in Schools
SEC. 221. GRANTS FOR VIOLENCE AGAINST WOMEN PRE-
VENTION AMONG YOUTH.
(a) IN GENERAL.—For purposes of this section, the
Secretary of Education shall in consultation with the Sec-
retary of the Department of Health and Human Services,
implement a program to educate young people about vio-
lence against women.
(b) USE OF FUNDS.—
(1) The Secretary shall make grants to pri-
mary, middle, and secondary schools to develop,
adopt, implement, and disseminate educational cur-
ricula and materials on violence against women, in-
cluding training for school personnel. Such curricula
and materials should be developed, adopted, imple-
mented, and disseminated in consultation and col-
laboration with experts on violence against women
and girls from the educational, legal, cultural com-
petence, youth and victim advocacy fields, such as
domestic violence shelters, domestic violence pro-
grams, and State domestic violence coalitions, State
sexual assault coalitions and rape crisis centers and
community-based youth organizations. Priority shall
be given to initiatives that address particularly the
needs of underserved communities that may be re-
cipients of the curricula and materials and training.
(2) The Secretary shall disseminate any exist-
ing Department of Education policy guidance re-
garding preventing and remedying violence against
women in schools.
(3) The Secretary shall study and report to
Congress recommendations regarding policies for
primary, middle, and secondary schools in screening
and referring children for services when children
may be experiencing the effects of domestic violence
or sexual assault. The study shall consider victim
safety and confidentiality as significant factors in
any policy recommendations.
(4) The Secretary shall study and report to
Congress the link between the victimization of girls
and their perpetration of crimes. This study will ex-
amine the nature of the link, types of crimes in
which girls who are victims of domestic violence and
sexual assault engage, and the short- and long-term
effect of girls’ violent victimization. In addition, the
report will explore the extent to which local, State,
and Federal policies that govern social welfare,
health education, and juvenile justice systems ad-
dress the needs of girls as victims of domestic vio-
lence or sexual assault.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 1999, 2000, 2002,
and 2003.
Subtitle C—Family Safety
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ‘‘Family Safety
Act’’.
SEC. 232. FINDINGS AND PURPOSES.
(a) FINDINGS.—Section 7(a) of the Parental Kidnap-
ing Prevention Act of 1980 (94 Stat. 3568; 42 U.S.C.
1305 note) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting a semicolon; and
(3) by inserting after paragraph (4) the follow-
ing new paragraphs:
‘‘(5) existing Federal and State laws are inad-
equate to protect parents from domestic violence and
to protect children from sexual assault and may
punish them when they seek to protect themselves;
and
‘‘(6) failures of State judicial and child protec-
tion systems may result in the inappropriate place-
ment of children in the custody of abusive parents
or punishment of nonabusing parents who attempt
to protect themselves or their children.’’.
(b) CONCLUSION.—Section 7(b) of such Act is
amended by inserting ‘‘to establish standards to prevent
children from being returned to abusive parents,’’ after
‘‘with such disputes,’’.
(c) PURPOSES.—Section 7(c) of such Act is amend-
ed—
(1) by redesignating paragraphs (3) through
(6) as paragraphs (5) through (8), respectively;
(2) by inserting after paragraph (2) the follow-
ing:
‘‘(3) promote cooperation between State and
tribal courts to protect parents and children from an
incident or pattern of domestic violence or sexual as-
sault;
‘‘(4) promote realistic and protective standards
for interstate relocation when parents dispute cus-
tody, particularly in cases where there is domestic
violence or sexual assault;’’;
(3) in paragraph (7) (as so redesignated), by
inserting before the semicolon at the end the follow-
ing: ‘‘, consistent with not endangering or inappro-
priately punishing parents who are victims of domes-
tic violence or children who are victims of sexual as-
sault’’; and
(4) in paragraph (8) (as so redesignated), by
inserting before the period at the end the following:
‘‘or to abuse the child or exert coercive control over
the other parent, except when the removal is justifi-
able in an attempt to protect the parent or any child
in the parent’s care’’.
SEC. 233. DEFENSE TO CRIMINAL CUSTODIAL INTER-
FERENCE 
OR 
PARENTAL 
ABDUCTION
CHARGE.
Section 1073 of title 18, United States Code, is
amended by striking ‘‘Whoever moves’’ and inserting ‘‘(a)
Whoever moves’’ and by adding at the end the following:
‘‘(b) For any charge of parental abduction, of custo-
dial interference, or of felony criminal contempt of court
related to an underlying child custody or visitation deter-
mination, that would otherwise provide a basis for pros-
ecution under this section, it shall be a defense to such
prosecution that the individual against whom this section
is invoked—
‘‘(1) acted pursuant to the provisions of a court
order valid when and where issued—
‘‘(A) which granted the defendant legal
custody or visitation rights;
‘‘(B) which was obtained in compliance
with section 1738A of title 28;
‘‘(C) which is not inconsistent with such
section or with the Uniform Child Custody Ju-
risdiction Enforcement Act as promulgated by
the Uniform Law Commissioners; and
‘‘(D) which was in effect at the time the
defendant left the State;
‘‘(2) was fleeing an incident or pattern of do-
mestic violence or sexual assault of the child;
‘‘(3) would otherwise have a defense under the
terms of the International Parental Kidnapping Pre-
vention Act (18 U.S.C. 1204).
‘‘(c) The Attorney General shall issue guidance to as-
sist the United States Attorneys and the Federal Bureau
of Investigation in determining when to decline to initiate
or to terminate an investigation or prosecution under sub-
section (b) due to the potential availability of any de-
fense.’’.
SEC. 234. FULL FAITH AND CREDIT GIVEN TO CHILD CUS-
TODY DETERMINATIONS.
(a) SECTION INTENT.—Section 1738A(a) of title 28,
United States Code, is amended by adding at the end the
following: ‘‘This section is intended to preempt any incon-
sistent State law and to apply to every proceeding in the
United States or its territories that is not governed by
inconsistent aspects of any treaty to which the United
States Government is a signatory or has ratified that in-
volves custody and visitation concerning a minor child.
Any provisions of a protection order regarding the custody
and visitation of a minor child, whether consensual or not,
otherwise consistent with section 2265 of title 18 and with
this section shall be given full faith and credit by the
courts of any State where the party who sought the order
seeks enforcement.’’.
(b) DEFINITIONS.—Section 1738A(b) of such title is
amended—
(1) by inserting after paragraph (3) the follow-
ing:
‘‘(4) ‘domestic violence’ includes acts or threats
of violence, not including acts of self defense, com-
mitted 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;
‘‘(5) ‘sexual assault’ means any conduct pro-
scribed 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 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;’’;
(2) by redesignating paragraphs (4), (5), and
(6) as paragraphs (6), (7), and (8), respectively;
(3) by redesignating paragraph (7) as para-
graph (9) and by striking ‘‘and’’ after the semicolon;
(4) by inserting after paragraph (9) (as so re-
designated) the following:
‘‘(10) ‘predominant aggressor’ means the indi-
vidual who has been determined to be the principal
perpetrator of violence, by factors including—
‘‘(A) history of domestic violence;
‘‘(B) relative severity of the injuries in-
flicted on each person;
‘‘(C) the likelihood of future injury to each
person;
‘‘(D) whether one of the persons acted in
self-defense; and/or
‘‘(E) the degree to which one of the per-
sons has acted with more deliberate intent to
control, isolate, intimidate, emotionally demean,
or cause severe pain or injury, or fear of harm
to the other or a third person’’; and
(5) by redesignating paragraph (8) as para-
graph (11).
(c) CONDITION FOR CUSTODY DETERMINATION.—
Section 1738A(c)(2)(C) of such title is amended—
(1) by striking ‘‘he’’ and inserting ‘‘the child, or
a sibling or parent of the child,’’; and
(2) by inserting ‘‘, including acts of domestic vi-
olence by the other parent’’ after ‘‘abuse’’.
(d) JURISDICTION.—Section 1738A(d) of such title
is amended by inserting before the period at the end the
following: ‘‘, except that after 2 years have passed while
a child is living in another State after relocation due to
domestic violence or sexual assault of the child, the court
of the original State shall decline jurisdiction provided
that the courts of the new State would have personal juris-
diction over the other parent under that State’s law’’.
(e) CHILD
CUSTODY
DETERMINATIONS.—Section
1738A of such title is amended by adding at the end the
following:
‘‘(h) A court may decline to exercise jurisdiction on
behalf of a parent who has engaged in domestic violence
as a predominant aggressor, if a court of another State
has emergency jurisdiction under subsection (c)(2)(C)(ii).
A court may decline to exercise jurisdiction on behalf of
a parent who has wrongfully taken the child from a State
without justification, or engaged in similar unjustifiable
conduct, unless no other State would have jurisdiction
under any provision of subsection (c).
Subtitle D—Domestic Violence and
Children
SEC. 241. CHILD CUSTODY, CHILD ABUSE, AND VICTIMS OF
DOMESTIC VIOLENCE.
It is the sense of Congress that—
(1) for purposes of determining child custody, it
is in the best interest of children to have a presump-
tion that children should have their main physical
residence with their primary caretaker parent unless
that parent is unfit;
(2) for purposes of determining child custody, it
is not in the best interest of children to—
(A) force parents to share custody over the
objection of one or both parents when there is
a history of domestic violence;
(B) punish abused or protective parents
who protect themselves or their children;
(C) presume that allegations of domestic
violence or child sexual assault are likely to be
made falsely or for tactical advantage during
custody and divorce proceedings; and
(D) make ‘‘friendly parent’’ provisions a
factor when there is abuse by one parent
against the other or a child;
(3) child abuse and child sexual abuse allega-
tions should be fully and impartially investigated re-
gardless of when they are raised or whether the child
has withdrawn the allegation;
(4) States should be far more protective of vic-
tims of domestic violence and sexual assault in cus-
tody and visitation determinations and not order me-
diation, couples counseling, shared custody, mutual
orders of protection, unsupervised visitation, or
other measures when they may endanger the other
parent or the child; and
(5) States should provide training in domestic
violence and sexual assault, as they impact custody,
child support and visitation determinations, to all
professionals who interact with children and parents
(including judges, attorneys, guardians ad litem and
other individuals appointed to represent children,
therapists and mental health professionals, custody
evaluators, child protective services personnel, and
court appointed special advocates).
Subtitle E—Child Welfare Worker
Training on Domestic Violence
and Sexual Assault
SEC. 251. CHILD WELFARE WORKER TRAINING ON DOMES-
TIC VIOLENCE AND SEXUAL ASSAULT.
(a) PURPOSE.—The purpose of this program is to en-
courage States, Indian tribal governments, and units of
local government to recognize and treat, as part of their
ongoing child welfare responsibilities, domestic violence as
and sexual assault as serious problems threatening the
safety and well-being of its child and adult victims.
(b) GRANT AUTHORITY.—The Attorney General shall
make grants jointly with the Secretary of Health and
Human Services (the Secretary) to eligible States, Indian
tribal governments, or units of local government to enable
child welfare service agencies to train staff and modify
policies, procedures, programs, and practices so that poli-
cies, practices, and services are consistent with the follow-
ing principles:
(1) They protect the children.
(2) They increase the safety and well-being of
the children, including increasing the safety of the
nonabusing parents.
(3) They increase the safety of the children by
supporting the autonomy and capacity of the adult
victims.
(4) They hold perpetrators, not the victims, re-
sponsible for stopping the abusive behaviors.
(c) GOALS
OF GRANT.—The activities under the
grant shall be directed to achieve at least 1 or more of
the following goals:
(1) Identify and assess the presence of domestic
violence and sexual assault in child protection cases,
in a way that assures the safety and confidentiality
of those involved.
(2) Recognize the overlap between child abuse
and domestic violence in families, the dangers posed
to both child and adult victims, and the physical,
emotional, and developmental impact on children.
(3) Develop appropriate responses in cases of
domestic violence and sexual assault, including a
safety plan and appropriate services and other inter-
ventions for both the child and adult victims.
(4) Establish and enforce policies to ensure the
confidentiality of information on families shared be-
tween child welfare service agencies and local domes-
tic violence and sexual assault programs, consistent
with existing laws, regulations, and guidelines.
(5) Promote increased coordination among
agencies and other entities to better serve victims of
domestic violence and sexual assault, with special at-
tention to links between child welfare service agen-
cies, community-based domestic violence and sexual
assault programs and rape crisis centers, and other
entities addressing the safety, health, mental health,
social service, and economic needs of victims of do-
mestic violence and sexual assault.
(d) ELIGIBILITY.—Eligible grantees are States, In-
dian tribal organizations, or units of local government that
submit an application to the Attorney General and the
Secretary of Health and Human Services that—
(1) outlines the specific activities that will be
undertaken to achieve the goals set forth in sub-
section (c) above;
(2) agrees to develop over the next 3 years, in
collaboration with other organizations, a range of
training resources, policies, procedures, and services
for child and adult victims of domestic violence and
sexual assault that include at least the following:
(A) Relevant protocols for the screening,
intake, assessment, investigation, and followup
to reports of abuse and neglect and a procedure
and schedule for training child welfare staff
about domestic violence and sexual assault and
their impact on children and adult victims and
the appropriate use of these protocols. The
training must include line staff, supervisors,
and administrators, and begin with staff re-
sponsible for screening, intake, assessment, and
investigation of reports of child abuse and ne-
glect. The training must be conducted in col-
laboration with domestic violence experts and
staff from community-based domestic violence
and sexual assault programs, rape crisis cen-
ters, and relevant law enforcement representa-
tives. At a minimum, the protocols and training
must address the following:
(i) Dynamics of domestic violence and
its relationship to child abuse.