shall publish final regulations or guidelines implementing
this subtitle.
SEC. 905. RAPE EXAM PAYMENTS.
(a) RESTRICTION OF FUNDS.—
(1) IN GENERAL.—A State, Indian tribal gov-
ernment, or unit of local government, shall not be
entitled to funds under this subtitle unless the State,
Indian tribal government, unit of local government,
or another governmental entity incurs the full out-
of-pocket cost of forensic medical exams described in
subsection (b) for victims of sexual assault.
(2) REDISTRIBUTION.—Funds withheld from a
State or unit of local government under paragraph
(1) shall be distributed to other States or units of
local government pro rata. Funds withheld from an
Indian tribal government under paragraph (1) shall
be distributed to other Indian tribal governments
pro rata.
(b) MEDICAL COSTS.—A State, Indian tribal govern-
ment, or unit of local government shall be deemed to incur
the full out-of-pocket cost of forensic medical exams for
victims of sexual assault if any government entity—
(1) provides such exams to victims free of
charge to the victim;
(2) arranges for victims to obtain such exams
free of charge to the victims; or
(3) reimburses victims for the cost of such
exams if—
(A) the reimbursement covers the full cost
of such exams, without any deductible require-
ment or limit on the amount of a reimburse-
ment;
(B) the reimbursing governmental entity
permits victims to apply for reimbursement for
not less than one year from the date of the
exam;
(C) the reimbursing governmental entity
provides reimbursement not later than 90 days
after written notification of the victim’s ex-
pense; and
(D) the State, Indian tribal government,
unit of local government, or reimbursing gov-
ernmental entity provides information at the
time of the exam to all victims, including vic-
tims with limited or no English proficiency, re-
garding how to obtain reimbursement.
SEC. 906. FILING COSTS FOR CRIMINAL CHARGES.
(a) IN GENERAL.—A State, Indian tribal govern-
ment, or unit of local government, shall not be entitled
to funds under this subtitle unless the State, Indian tribal
government, or unit of local government—
(1) certifies that its laws, policies, and practices
do not require, in connection with the prosecution of
any misdemeanor or felony domestic violence of-
fense, that the abused bear the costs associated with
the filing of criminal charges against the domestic
violence offender, or the costs associated with the
issuance or service of a warrant, protection order, or
witness subpoena; or
(2) gives the Attorney General assurances that
its laws, policies and practices will be in compliance
with the requirements of paragraph (1) within the
later of—
(A) the period ending on the date on which
the next session of the State legislature ends; or
(B) two years.
(b) REDISTRIBUTION.—Funds withheld from a State,
unit of local government, or Indian tribal government
under subsection (a) shall be distributed to other States,
units of local government, and Indian tribal government,
respectively, pro rata.
SEC. 907. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle $185,000,000 for each of fiscal years 2001,
2002, and 2003.
Subtitle B—Grants to Encourage
Arrest Policies
SEC. 911. PROGRAM AUTHORIZED.
(a) PURPOSE.—The purpose of this subtitle is to en-
courage States, Indian tribal governments, and units of
local government to treat domestic violence as a serious
violation of criminal law.
(b) GRANT AUTHORITY.—The Attorney General may
make grants to eligible States, Indian tribal governments,
or units of local government for the following purposes:
(1) 
To 
implement 
mandatory 
arrest 
or
proarrest programs and policies in police depart-
ments, including mandatory arrest programs and
policies for protection order violations.
(2) To develop policies and training in police
departments to improve tracking of cases involving
domestic violence.
(3) To centralize and coordinate police enforce-
ment, prosecution, or judicial responsibility for do-
mestic violence cases in groups or units of police of-
ficers, prosecutors, or judges.
(4) To coordinate computer tracking systems to
ensure communication between police, prosecutors,
and both criminal and family courts.
(5) To educate judges in criminal and other
courts about domestic violence and to improve judi-
cial handling of such cases.
(c) ELIGIBILITY.—Eligible grantees are States, In-
dian tribal governments, or units of local government
that—
(1) certify that their laws or official policies—
(A) encourage or mandate arrests of do-
mestic violence offenders based on probable
cause that an offense has been committed; and
(B) encourage or mandate arrest of domes-
tic violence offenders who violate the terms of
a valid and outstanding protection order;
(2) demonstrate that their laws, policies, or
practices and their training programs discourage
dual arrests of offender and victim;
(3) certify that their laws, policies, or practices
prohibit issuance of mutual restraining orders of
protection except in cases where both spouses file a
claim and the court makes detailed findings of fact
indicating that both spouses acted primarily as ag-
gressors and that neither spouse acted primarily in
self-defense; and
(4) certify that their laws, policies, or practices
do not require, in connection with the prosecution of
any misdemeanor or felony domestic violence of-
fense, that the abused bear the costs associated with
the filing of criminal charges or the service of such
charges on an abuser, or that the abused bear the
costs associated with the issuance or service of a
warrant, protection order, or witness subpoena.
SEC. 912. APPLICATIONS.
(a) APPLICATION.—An eligible grantee shall submit
an application to the Attorney General that—
(1) contains a certification by the chief execu-
tive officer of the State, Indian tribal government, or
local government entity that the conditions of section
511(c) are met or will be met within the later of—
(A) the period ending on the date on which
the next session of the State or Indian tribal
legislature ends; or
(B) two years of the date of enactment of
this Act;
(2) describes plans to further the purposes stat-
ed in section 511(a);
(3) identifies the agency or office or groups of
agencies or offices responsible for carrying out the
program; and
(4) includes documentation from nonprofit, pri-
vate sexual assault and domestic violence programs
demonstrating their participation in developing the
application, and identifying such programs in which
such groups will be consulted for development and
implementation.
(b) PRIORITY.—In awarding grants under this sub-
title, the Attorney General shall give priority to applicants
that—
(1) do not currently provide for centralized han-
dling of cases involving domestic violence by police,
prosecutors, and courts; and
(2) demonstrate a commitment to strong en-
forcement of laws, and prosecution of cases, involv-
ing domestic violence.
SEC. 913. REPORTS.
Each grantee receiving funds under this subtitle shall
submit a report to the Attorney General evaluating the
effectiveness of projects developed with funds provided
under this subtitle and containing such additional infor-
mation as the Attorney General may prescribe.
SEC. 914. REGULATIONS OR GUIDELINES.
Not later than 120 days after the date of enactment
of this Act, the Attorney General shall publish proposed
regulations or guidelines implementing this subtitle. Not
later than 180 days after the date of enactment of this
Act, the Attorney General shall publish final regulations
or guidelines implementing this subtitle.
SEC. 915. DEFINITIONS.
For purposes of this subtitle—
(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 ‘‘protection order’’ includes any in-
junction issued for the purpose of preventing violent
or threatening acts of domestic violence, including
temporary and final orders issued by civil or crimi-
nal courts (other than support or child custody or-
ders or provisions) whether obtained by filing an
independent action or as a pendente lite order in an-
other proceeding.
SEC. 916. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle—
(1) $63,000,000 for fiscal year 1999;
(2) $67,000,000 for fiscal year 2000;
(3) $70,000,000 for fiscal year 2001;
(4) $70,000,000 for fiscal year 2002; and
(5) $70,000,000 for fiscal year 2003.
TITLE 
X—LIMITING 
THE 
EF-
FECTS 
OF 
VIOLENCE 
ON
CHILDREN
SEC. 1001. 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, which
had been previously reported to law enforcement au-
thorities; or
‘‘(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. 1002. 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: