[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3514 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3514

       To prevent violence against women, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 1998

 Mr. Conyers (for himself, Mr. Schumer, Mrs. Morella, Mr. Abercrombie, 
Mr. Ackerman, Mr. Baldacci, Mr. Barrett of Wisconsin, Mr. Blagojevich, 
Mr. Boucher, Ms. Brown of Florida, Mr. Brown of California, Ms. Carson, 
Ms. Christian-Green, Mr. Clement, Mr. Coyne, Mr. Cramer, Mr. Cummings, 
 Ms. DeGette, Mr. Delahunt, Ms. DeLauro, Mr. Dooley of California, Mr. 
Engel, Ms. Eshoo, Mr. Evans, Mr. Faleomavaega, Mr. Fazio of California, 
 Mr. Filner, Mr. Foley, Mr. Ford, Mr. Frost, Ms. Furse, Mr. Gejdenson, 
Mr. Gephardt, Mr. Gutierrez, Ms. Harman, Mr. Hilliard, Mr. Hinchey, Mr. 
    Jackson of Illinois, Ms. Jackson-Lee of Texas, Mrs. Kennelly of 
Connecticut, Ms. Kilpatrick, Mr. Kleczka, Mr. Lampson, Mr. Lantos, Mr. 
Leach, Mr. Lewis of Georgia, Ms. Lofgren, Mrs. Lowey, Mrs. McCarthy of 
 New York, Mr. McDermott, Ms. McKinney, Mrs. Maloney of New York, Mr. 
Manton, Mr. Markey, Mr. Matsui, Mr. Meehan, Mrs. Meek of Florida, Mrs. 
  Mink of Hawaii, Mr. Moran of Virginia, Mr. Nadler, Ms. Norton, Mr. 
  Pallone, Mr. Payne, Ms. Pelosi, Mr. Pomeroy, Ms. Roybal-Allard, Mr. 
Rush, Ms. Sanchez, Mr. Sanders, Mr. Sawyer, Mr. Scott, Mr. Sherman, Ms. 
Slaughter, Mr. Stark, Mr. Torres, Mr. Underwood, Mr. Vento, Ms. Waters, 
Mr. Waxman, Mr. Wexler, and Ms. Woolsey) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
   to the Committees on Education and the Workforce, Ways and Means, 
   Commerce, Banking and Financial Services, National Security, and 
   Government Reform and Oversight, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
       To prevent violence against women, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Violence Against 
Women Act of 1998''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
  TITLE I--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN ACT

 Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence 
                             Against Women

Sec. 101. Reauthorization.
Sec. 102. Technical amendments.
Sec. 103. State coalition grants.
             Subtitle B--National Domestic Violence Hotline

Sec. 111. Reauthorization.
Sec. 112. Technical amendments.
           Subtitle C--Battered Women's Shelters and Services

Sec. 121. Short title.
Sec. 122. Authorization of appropriations for family violence 
                            prevention and services.
Sec. 123. FVPSA improvements.
                   Subtitle D--Community Initiatives

Sec. 131. Grants for community initiatives.
   Subtitle E--Education and Training for Judges and Court Personnel

Sec. 141. Reauthorization.
            Subtitle F--Grants To Encourage Arrest Policies

Sec. 151. Definitions.
Sec. 152. Reauthorization.
Sec. 153. Technical amendment.
    Subtitle G--Rural Domestic Violence and Child Abuse Enforcement

Sec. 161. Reauthorization.
Sec. 162. Technical amendments.
      Subtitle H--National Stalker and Domestic Violence Reduction

Sec. 171. Technical amendments.
Sec. 172. Reauthorization.
                Subtitle I--Federal Victims' Counselors

Sec. 181. Reauthorization.
 Subtitle J--Education and Prevention Grants To Reduce Sexual Abuse of 
                  Runaway, Homeless, and Street Youth

Sec. 191. Reauthorization.
Sec. 192. Dissemination of information.
              Subtitle K--Victims of Child Abuse Programs

Sec. 191-1. Reauthorization of court-appointed special advocate 
                            program.
Sec. 191-2. Reauthorization of child abuse training programs for 
                            judicial personnel and practitioners.
Sec. 191-3. Reauthorization of grants for televised testimony.
Sec. 191-4. Dissemination of information.
         TITLE II--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec. 201. Findings.
                  Subtitle A--Safe Havens for Children

Sec. 211. Purposes.
Sec. 212. Grants to provide for supervised visitation centers.
  Subtitle B--Violence Against Women Prevention Among Youth in Schools

Sec. 221. Grants for violence against women prevention among youth.
                       Subtitle C--Family Safety

Sec. 231. Short title.
Sec. 232. Findings and purposes.
Sec. 233. Defense to criminal custodial interference or parental 
                            abduction charge.
Sec. 234. Full faith and credit given to child custody determinations.
               Subtitle D--Domestic Violence and Children

Sec. 241. Child custody, child abuse, and victims of domestic violence.
  Subtitle E--Child Welfare Worker Training on Domestic Violence and 
                             Sexual Assault

Sec. 251. Child welfare worker training on domestic violence and sexual 
                            assault.
                 Subtitle F--Child Abuse Accountability

Sec. 261. Short title.
Sec. 262. Amendments to title I of the Employee Retirement Income 
                            Security Act of 1974.
Sec. 263. Amendments to the Internal Revenue Code of 1986.
Sec. 264. Effective date.
                  TITLE III--SEXUAL ASSAULT PREVENTION

                 Subtitle A--Rape Prevention Education

Sec. 301. Transfer of rape prevention and education program.
Sec. 302. Technical amendment to Public Law 103-322.
   Subtitle B--Standards, Practice, and Training for Sexual Assault 
                              Examinations

Sec. 311. Short title.
Sec. 312. Standards, practice, and training for sexual assault 
                            examinations.
  Subtitle C--Prevention of Custodial Sexual Assault by Correctional 
                                 Staff

Sec. 331. Short title.
Sec. 332. Findings.
Sec. 333. Establishment of prevention program.
Sec. 334. Prohibited sexual conduct by correctional staff.
Sec. 335. National sexual contact hotline for prisoners.
Sec. 336. Definitions.
                   Subtitle D--Hate Crimes Prevention

Sec. 341. Short title.
Sec. 342. Findings.
Sec. 343. Definition of hate crime.
Sec. 344. Prohibition of certain acts of violence.
Sec. 345. Duties of Federal Sentencing Commission.
Sec. 346. Grant program.
Sec. 347. Authorization for additional personnel to assist State and 
                            local law enforcement.
Sec. 348. Severability.
                 TITLE IV--DOMESTIC VIOLENCE PREVENTION

             Subtitle A--Domestic Violence Victims' Housing

Sec. 401. Short title.
Sec. 402. Authorization of appropriations.
Sec. 403. Use of amounts for housing assistance for victims of domestic 
                            violence.
Sec. 404. Definitions relating to domestic violence.
Sec. 405. Other definitions.
        Subtitle B--Full Faith and Credit for Protection Orders

Sec. 411. Full faith and credit for protection orders.
Sec. 412. Grant program.
           Subtitle C--Victims of Abuse Insurance Protection

Sec. 421. Short title.
Sec. 422. Definitions.
Sec. 423. Discriminatory acts prohibited.
Sec. 424. Insurance protocols for subjects of abuse.
Sec. 425. Reasons for adverse actions.
Sec. 426. Life insurance.
Sec. 427. Subrogation without consent prohibited.
Sec. 428. Enforcement.
Sec. 429. Effective date.
           Subtitle D--National Summit on Sports and Violence

Sec. 431. Sense of the Congress that a national summit of sports, 
                            political, community, and media leaders 
                            should be promptly convened to develop a 
                            multifaceted action plan to deter acts of 
                            violence, especially domestic violence and 
                            sexual assault.
         Subtitle E--Keeping Firearms From Intoxicated Persons

Sec. 441. Prohibition against transfer of a firearm to, and possession 
                            of a firearm by, a person who is 
                            intoxicated.
               Subtitle F--Access to Safety and Advocacy

Sec. 451. Short title.
Sec. 452. Purpose.
Sec. 453. Grants to improve access to the justice system.
Sec. 454. Application.
Sec. 455. Funding.
Sec. 456. Provision of technical assistance and training.
Sec. 457. Evaluation of access to safety and advocacy grants.
Sec. 458. Definitions.
Subtitle G--Federal Witness Protection for Victims of Domestic Violence

Sec. 461. Witness protection.
         TITLE V--VIOLENCE AGAINST WOMEN IN THE MILITARY SYSTEM

  Subtitle A--Civilian Jurisdiction for Crimes of Sexual Assault and 
                           Domestic Violence

Sec. 501. Criminal offenses committed outside the United States by 
                            persons accompanying the Armed Forces.
Sec. 502. Records of military justice actions.
   Subtitle B--Transitional Compensation and Health Care for Abused 
               Dependents of Members of the Armed Forces

Sec. 511. Transitional compensation.
Sec. 512. Health benefits.
     TITLE VI--PREVENTING VIOLENCE AGAINST WOMEN IN TRADITIONALLY 
                        UNDERSERVED COMMUNITIES

           Subtitle A--Older Women's Protection From Violence

Sec. 601. Short title; table of contents.
Sec. 602. Findings.
             Chapter 1--Violence Against Women Act of 1994

Sec. 603. Elder abuse, neglect, and exploitation.
         Chapter 2--Family Violence Prevention and Services Act

Sec. 604-1. Definitions.
Sec. 604-2. Domestic violence services for older individuals.
Sec. 604-3. Demonstration grants for community initiatives.
                 Chapter 3--Older Americans Act of 1965

Sec. 605-1. Definitions.
Sec. 605-2. Research about the sexual assault of women who are older 
                            individuals.
Sec. 605-3. State long-term care ombudsman program.
Sec. 605-4. Training for health professionals on screening for elder 
                            abuse, neglect, and exploitation.
Sec. 605-5. Domestic violence shelters and programs for older 
                            individuals.
Sec. 605-6. Authorization of appropriations.
Sec. 605-7. Community initiatives and outreach.
                  Chapter 4--Public Health Service Act

Sec. 606-1. Short title.
Sec. 606-2. Establishment, for certain health professions programs, of 
                            provisions regarding identification and 
                            referral for elder abuse and neglect.
   Subtitle B--Protection Against Violence and Abuse for Women With 
                              Disabilities

Sec. 611. Short title.
Sec. 612. Findings.
Sec. 613. Omnibus Crime Control and Safe Streets Act of 1968.
Sec. 614. Public Health and Human Services Act.
Sec. 615. Family Violence Prevention and Services Act.
Sec. 616. Violence Against Women Act.
Sec. 617. Training programs for social service and health providers.
Sec. 618. Training for health professionals on screening for abuse of 
                            women with disabilities.
Sec. 619. Research about sexual abuse and violence against women with 
                            disabilities.
Sec. 619-1. Grants for technical assistance.
                  Subtitle C--Battered Immigrant Women

Sec. 621. Short title.
Sec. 622. Findings and purposes.
Sec. 623. Cancellation of removal and adjustment of status for certain 
                            nonpermanent residents.
Sec. 624. General classes of aliens ineligible to receive visas and 
                            excluded from admission.
Sec. 625. Procedure for granting immigrant status.
Sec. 626. General classes of deportable aliens.
Sec. 627. Adjustment of status of nonimmigrant to that of person 
                            admitted for permanent residence.
Sec. 628. Removal proceedings.
Sec. 629. Married persons and employees of certain nonprofit 
                            organizations.
Sec. 630. Work authorization.
Sec. 631. Records maintained on individuals.
Sec. 632. Welfare and public benefits for aliens.
Sec. 633. Legal services corporation.
Sec. 634. Violence against women.
Sec. 635. Powers of immigration officers and employees.
Sec. 636. Effective date.
  Subtitle D--Conforming Amendments to the Violence Against Women Act

Sec. 641. Law enforcement and prosecution grants.
Sec. 642. Family Violence Prevention and Services Act.
          TITLE VII--VIOLENCE AGAINST WOMEN AND THE WORKPLACE

Sec. 701. Findings.
  Subtitle A--National Clearinghouse on Domestic Violence and Sexual 
                    Assault and the Workplace Grant

Sec. 711. National clearinghouse on domestic violence and sexual 
                            assault and the workplace grant.
                 Subtitle B--Victims' Employment Rights

Sec. 721. Short title.
Sec. 722. Purposes.
Sec. 723. Discrimination.
Sec. 724. Enforcement.
Sec. 725. Attorney's fees.
Sec. 726. Defenses.
   Subtitle C--Workplace Violence Against Women Prevention Tax Credit

Sec. 731. Short title.
Sec. 732. Credit for costs to employers of implementing workplace 
                            safety programs to combat violence against 
                            women.
           Subtitle D--Battered Women's Employment Protection

Sec. 741. Short title and reference.
Sec. 742. Purposes.
Sec. 743. Unemployment compensation.
Sec. 744. Entitlement to leave for domestic violence.
Sec. 745. Entitlement to leave for Federal employees for domestic 
                            violence.
Sec. 746. Existing leave usable for domestic violence.
Sec. 747. Effect on other laws and employment benefits.
Sec. 748. Effective date.
   Subtitle E--Education and Training Grants To Promote Responses to 
                         Violence Against Women

Sec. 751. Education and training grants to promote appropriate 
                            responses to violence against women.
                   Subtitle F--Workers' Compensation

Sec. 761. Sense of Congress regarding workplace violence against women 
                            and workers' compensation.
    TITLE VIII--EDUCATIONAL INSTITUTIONS AND VIOLENCE AGAINST WOMEN

  Subtitle A--Grants To Reduce Violent Crimes Against Women on Campus

Sec. 801. Grants to combat violent crimes against women on campuses.
Sec. 802. National baseline study on university campus procedures in 
                            case of a report of sexual assault.
                       Subtitle B--Student Safety

Sec. 811. Short title; references.
Sec. 812. Disclosure of crimes reported and crime log.
Sec. 813. Exemption of allegations of criminal activity from education 
                            records definition.
Sec. 814. Program participation agreement enforcement.
Sec. 815. Report on model programs.
   Subtitle C--Violence Against Women Training for Health Professions

Sec. 821. Short title.
Sec. 822. Establishment, for certain health professions programs, of 
                            provisions regarding domestic violence and 
                            sexual assault.
              Subtitle D--Campus Hate Crimes Right To Know

Sec. 831. Disclosure.
    TITLE IX--VIOLENCE AGAINST WOMEN INTERVENTION, PREVENTION, AND 
                           EDUCATION RESEARCH

Sec. 901. Violence against women intervention, prevention, and 
                            education research.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) Domestic violence.--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 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 
        jurisdiction, or by any other person against a victim who is 
        protected from that person's acts under the domestic or family 
        violence laws of the jurisdiction.
            (2) Sexual assault.--The term ``sexual 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.
            (3) Stalking.--The term ``stalking'' means engaging in a 
        course of conduct directed at a specific person that would 
        cause a reasonable person to fear death or bodily injury to 
        himself or herself or a member of his or her immediate family, 
        when the person engaging in such conduct has knowledge or 
        should have knowledge that the specific person will be placed 
        in reasonable fear of death or bodily injury to himself or 
        herself or a member of his or her immediate family and when the 
        conduct induces fear in the specific person of bodily injury to 
        himself or herself or a member of his or her immediate family.

  TITLE I--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN ACT

 Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence 
                             Against Women

SEC. 101. REAUTHORIZATION.

    Section 1001(a)(18) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3793(a)(18)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (F) the following:
            ``(G) $185,000,000 for fiscal year 2001;
            ``(H) $185,000,000 for fiscal year 2002; and
            ``(I) $185,000,000 for fiscal year 2003.''.

SEC. 102. TECHNICAL AMENDMENTS.

    (a) Section 2002(c)(3) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-1(c)(3)) is amended to read as 
follows:
            ``(3) up to 20 percent to be allocated to law enforcement, 
        up to 20 percent to prosecution grants, at least 35 percent to 
        victims' services, and at least 10 percent to State court 
        systems; and''.
    (b) Section 2002(e) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796gg-1(e)) is amended by adding at the end the 
following new paragraph:
            ``(3) Reallotment of funds.--
                    ``(A) If, at the end of the 9th month of any fiscal 
                year for which funds are appropriated under section 
                1001(a)(18), the amounts made available are unspent or 
                unobligated, such unspent or unobligated funds shall be 
                reallotted to the current fiscal year recipients in the 
                victim services area pursuant to section 2002(c)(3)) 
                proportionate to their original allotment for the 
                current fiscal year.
                    ``(B) For the first 2 fiscal years following the 
                effective date of this Act, the Attorney General may 
                waive the qualification requirements of section 
                2002(c), at the request of the State and with the 
                support of law enforcement, prosecution, and victims 
                services grantees currently funded under this section, 
                if the reallocation of funds among law enforcement, 
                prosecution, victims' services and State court systems 
                mandated by this Act adversely impacts victims of 
                sexual assault, domestic violence, and stalking, due to 
                the reduction of funds to programs and services funded 
                under this section in the prior fiscal year.''.
    (c) Section 2001(b) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796gg(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (6); and
            (2) by redesignating paragraph (7) as paragraph (8) and by 
        inserting after paragraph (6) the following new paragraph:
            ``(7) developing, enlarging, or strengthening State court 
        programs, including training for State, local, and tribal 
        judges and court personnel, addressing violent crimes against 
        women, including sexual assault, domestic violence, and 
        stalking; and''.
    (d) Section 2002 of Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg-1) is amended--
            (1) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Monitoring and Compliance.--The Attorney General shall deny 
applications--
            ``(1) that do not meet the requirements set forth in 
        subsections (c) and (d); and
            ``(2) for failure to provide documentation, including 
        memoranda of understanding, contract, or other document of any 
        collaborative efforts with other agencies or organizations.''; 
        and
            (2) by redesignating subsections (e), (f), (g), and (h) as 
        subsections (f), (g), (h), and (i), respectively.
    (e) Section 2003(8) of Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg-2(8)) is amended by striking ``assisting 
domestic violence or sexual assault victims through the legal process'' 
and inserting ``providing advocacy and assistance for victims seeking 
legal, social, and health care services'', and inserting before the 
period the following: ``, except that such term shall not include 
programs or activities that are targeted primarily for offenders''.

SEC. 103. STATE COALITION GRANTS.

    Section 2001 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg) is amended by inserting after subsection (b) 
the following new subsection:
    ``(c)(1) Purpose.--The Attorney General shall make grants to each 
of the State domestic violence and sexual assault coalitions in the 
State for the purposes of coordinating State victim services 
activities, and collaborating and coordinating with Federal, State, and 
local entities engaged in violence against women activities. In no case 
will such awards preclude the State domestic violence and sexual 
assault coalitions from receiving grants under Part T of this Act to 
fulfill the purposes described in section 2001.
    ``(2) Grants to State Coalitions.--The Attorney General shall make 
grants to each of the State domestic violence coalitions, as determined 
by the Secretary of the Department of Health and Human Services through 
the Family Violence Prevention Services Act (42 U.S.C. 10410 et seq.), 
and the State sexual assault coalition as determined by the Secretary 
of Health and Human Services under the Public Health Service Act. In 
States in which there exists a combined domestic violence and sexual 
assault coalition, each component shall be eligible for the awards for 
sexual assault and domestic violence activities, respectively.
    ``(3) Allotment.--The Attorney General shall make grants under 
paragraph (2) to each State domestic violence and sexual assault 
coalition equal to 5 percent of the amount appropriated for such fiscal 
year in section 1001(a)(18). The domestic violence and sexual assault 
coalition in each State, the District of Columbia, the Commonwealth of 
Puerto Rico, and the combined United States Territories shall receive 
an amount equal to \1/53\ of the amount appropriated under this section 
for each fiscal year. For purposes of this section, the term `combined 
United States Territories' means Guam, American Samoa, the United 
States Virgin Islands, the Northern Mariana Islands, and the Trust 
Territory of the Pacific Islands and said combined United States 
Territories shall not receive less than 1.5 percent of the funds 
appropriated for each fiscal year.''.

             Subtitle B--National Domestic Violence Hotline

SEC. 111. REAUTHORIZATION.

    Section 316(f)(1) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10416(f)(1)) is amended to read as follows:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out the purposes of this section--
                    ``(A) $1,600,000 for fiscal year 1999;
                    ``(B) $1,800,000 for fiscal year 2000;
                    ``(C) $2,000,000 for fiscal year 2001;
                    ``(D) $2,000,000 for fiscal year 2002; and
                    ``(E) $2,000,000 for fiscal year 2003.''.

SEC. 112. TECHNICAL AMENDMENTS.

    Section 316 of the Family Violence Prevention and Services Act (42 
U.S.C. 10416) is amended by redesignating subsection (f) (as modified 
herein) as subsection (g) and by inserting after subsection (e) the 
following new subsection:
    ``(f) Within 90 days after the date of the enactment of this 
subtitle, all entities receiving funds pursuant to activities under 42 
U.S.C. 10416(a) shall prepare and submit a report to the Secretary that 
evaluates the effectiveness of the use of amounts received under such 
grants by such grantee and containing such other information as the 
Secretary may prescribe. The Secretary shall publish any such reports 
and provide at least 90 days for notice and opportunity for public 
comment prior to awarding or renewing any such grants.

           Subtitle C--Battered Women's Shelters and Services

SEC. 121. SHORT TITLE.

    This subtitle may be cited as the ``Battered Women's Shelters and 
Services Act''.

SEC. 122. AUTHORIZATION OF APPROPRIATIONS FOR FAMILY VIOLENCE 
              PREVENTION AND SERVICES.

    Section 310(a) of the Family Violence Prevention and Services Act 
(42 U.S.C. 10409(a)) is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated to carry 
out this title--
            ``(1) $120,000,000 for fiscal year 1999;
            ``(2) $160,000,000 for fiscal year 2000;
            ``(3) $200,000,000 for fiscal year 2001;
            ``(4) $260,000,000 for fiscal year 2002; and
            ``(5) $260,000,000 for fiscal year 2003.''.

SEC. 123. FVPSA IMPROVEMENTS.

    (a) Section 304(a) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10403(a)) is amended--
            (1) by inserting after ``grant authorized under section 
        10402(a) of this title'' the following: ``$500,000, with the 
        remaining funds to be allotted to each State in'';
            (2) by striking paragraph (1) and redesignating paragraph 
        (2) as paragraph (1);
            (3) by striking all after paragraph (2).
    (b) Section 304(d) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10403(d)) is amended--
            (1) by inserting after ``to such State in grants under 
        section 10402(a)'' the following: ``or Indian tribe or tribal 
        organization under section 10402(b)'';
            (2) by inserting after ``failure of such State'' the 
        following: ``or Indian tribe or tribal organization, or other 
        entity'';
            (3) by inserting after ``such amount to States'' the 
        following: ``or Indian tribes or tribal organizations'';
            (4) by inserting after ``which meet such requirements'' the 
        following: ``proportionate to the original allocation made 
        under section 10402(a) or (b), respectively''; and
            (5) by redesignating paragraph (2) as paragraph (3) and 
        adding a new paragraph (2) after paragraph (1) to read as 
        follows:
            ``(2) If, at the end of the sixth month of any fiscal year 
        for which sums are appropriated under section 10409 of this 
        title, the amount allotted to an entity has not been made 
        available to such entity in grants under sections 10407 and 
        10410 of this title because of the failure of such entity to 
        meet the requirements for a grant or because the limitation on 
        expenditure has been reached, then the Secretary shall reallot 
        such amount to States and Indian tribes and tribal 
        organizations that meet such requirements proportionate to the 
        original allocation under section 10402(a) or (b), 
        respectively.''
    (c) Section 308(a)(2) of the Family Violence Prevention and 
Services Act (42 U.S.C. 10407(a)(2)) is amended by adding ``on 
providing training and technical assistance'' after ``focusing'', and 
by adding at the end the following: ``The Secretary may award grants to 
nonprofit, nongovernmental organizations for technical assistance and 
training initiatives on the subjects identified in subsection (c), 
provided such initiatives do not duplicate the work of the entities 
funded under subsection (c) and provided that total amounts awarded for 
such initiatives do not exceed $500,000.''
    (d) Section 308(c) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10407(c)) is amended by adding ``on emerging issues in 
domestic violence service, prevention, or law and'' after ``service 
providers, and'', deleting ``domestic violence service, prevention, or 
law'' after ``following areas'', and by adding new paragraphs (8), (9), 
and (10) as follows:
            ``(8) Providing technical assistance and training to local 
        domestic violence programs that provide shelter or related 
        assistance.
            ``(9) Improving access to services, information, and 
        training within Indian tribes and tribal organizations.
            ``(10) Responding to emerging issues in the field of 
        domestic violence that the Secretary may identify in 
        consultation with advocates representing local programs 
        providing shelter or related assistance, State domestic 
        violence coalitions, and national domestic violence 
        organizations.''
    (e) Section 308(c) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10407(c)) is amended by adding a new paragraph after new 
paragraph (10) as follows: ``Nothing in this section shall prohibit the 
Secretary from making multiple grants to any nonprofit, nongovernmental 
entity to fulfill the purposes of this section.''
    (f) Section 310(c) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10409(c)) is amended by adding after ``for each fiscal 
year,'' and before ``5 percent shall'' the following: ``the lesser of 
$7,500,000 or''.
    (g) Section 310(d) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10409(d)) is amended by striking ``not less than'' and 
inserting ``the lesser of $22,000,000 or'' and by adding at the end the 
following: ``At such time as the appropriation under this subsection 
exceeds $11,000,000, the Secretary shall designate that of the amounts 
appropriated under this subsection up to 20 percent of such funds shall 
be made available in the amounts necessary to State domestic violence 
coalitions for the specific purpose of providing technical assistance, 
training and direct assistance in the following areas or other 
priorities that may be determined by the Secretary in consultation with 
State domestic violence coalitions and programs that provide shelter or 
related assistance.
            (1) Model leadership grants for domestic violence 
        intervention in underserved communities.--The Secretary shall 
        award grants of up to 3 years to not more than 10 State 
        domestic violence coalitions and not more than 10 local 
        domestic violence programs providing shelter or related 
        assistance to develop model strategies to address domestic 
        violence in underserved populations as defined in 42 U.S.C. 
        3796gg-2(7). Such grants shall be made to assess the needs of 
        underserved populations in the State; build collaborative 
        relationships with community-based organizations serving 
        underserved populations; and develop and implement model 
        community intervention strategies to decrease the incidence of 
        domestic violence in underserved populations.
                    (A) Eligibility.--To be eligible for a 1-year model 
                leadership grant under this paragraph, an applicant 
                shall demonstrate--
                            (i) a plan for assessing the needs of 
                        underserved populations and identifying a 
                        specific population for development of an 
                        intervention strategy in year 1 of the grant; 
                        and
                            (ii) inclusion of representatives from 
                        community-based organizations in underserved 
                        communities in planning, designing, and 
                        disseminating the needs assessment instruments.
                    (B) Eligibility for continued funding.--To be 
                eligible for continued funding of up to 2 additional 
                years, an applicant shall provide--
                            (i) a plan for implementing the model 
                        strategies which includes collaborative 
                        partnerships with community-based organizations 
                        within the underserved populations identified; 
                        and
                            (ii) a plan for disseminating the model 
                        strategy throughout the State or to other 
                        States during year 3 of the grant.
                    (C) Priority for collaborative funding.--In 
                awarding grants under this section, the Secretary shall 
                give preference to State domestic violence coalitions 
                and local domestic violence shelters and programs that 
                submit applications in collaboration with community-
                based organizations serving underserved populations. A 
                grant may not be made under this subsection in an 
                amount less than $100,000 for each fiscal year.
            (2) Direct emergency assistance to victims of domestic 
        violence.--The Secretary shall award grants to each State 
        domestic violence coalition for the purpose of administering an 
        emergency assistance fund for victims of domestic violence. 
        Funds received under this paragraph may be used only to provide 
        emergency assistance directly to victims of domestic violence 
        who are in the process of fleeing an abusive situation. 
        Emergency assistance shall include transportation, housing, and 
        other expenses associated with relocation. Funds shall be 
        requested by domestic violence shelters and programs on behalf 
        of victims.
                    (A) Application.--Prior to receipt of emergency 
                assistance funds under this section, the State domestic 
                violence coalition shall provide to the Secretary--
                            (i) a detailed description of the process 
                        for receiving and reviewing applications for 
                        emergency assistance;
                            (ii) a detailed description of the process 
                        for notifying domestic violence shelters and 
                        programs about the availability of emergency 
                        assistance funds;
                            (iii) an application form that includes the 
                        type of assistance requested, a statement of 
                        need for the funds, a statement about the 
                        impact of the funds on the victim's ability to 
                        escape domestic violence, and other such 
                        information that would be helpful in disbursing 
                        emergency assistance funds;
                            (iv) the process used to make payments to 
                        recipients; and
                            (v) a statement of procedures used to 
                        protect the confidentiality of recipients.
                    (B) Reporting.--The State domestic violence 
                coalition shall file an annual report to the Secretary 
                describing the distribution of funds to victims of 
                domestic violence by type and amount of assistance 
                provided. For reasons of safety and confidentiality, 
                such report shall not contain individually identifying 
                information.
            (3) Technical assistance and training for state and local 
        domestic violence programs.--The Secretary shall award grants 
        to a State domestic violence coalition or coalitions for the 
        purpose of providing training and technical assistance for 
        State domestic violence coalitions and other nonprofit, 
        nongovernmental State and local domestic violence programs. 
        Funds received under this section shall be used to conduct 
        regional training and technical assistance initiatives to be 
        developed and implemented by a nonprofit, nongovernmental State 
        domestic violence coalition or coalitions within each of the 
        regions administered by the Department of Health and Human 
        Services. Funds shall be used to prioritize, plan, and 
        implement solutions to regional problems experienced by 
        domestic violence coalitions and programs providing shelter or 
        related assistance within the region.
                    (A) Eligibility.--To be eligible for funding the 
                grantee shall have the support of the majority of State 
                domestic violence coalitions within the region and 
                shall have its principal place of operation within the 
                region. Nothing in this section shall prohibit domestic 
                violence programs within Indian tribes from receiving 
                technical assistance and training under this grant 
                program. Grantees shall be encouraged to work in 
collaboration with domestic violence advocates and organizations 
outside of the region and with the national resource center and special 
issue resource centers established in this Act to provide expertise in 
delivering training and technical assistance within the region.
                    (B) Reporting.--The grantee State domestic violence 
                coalition or coalitions shall file an annual report to 
                the Secretary describing the recipients and the type of 
                technical assistance and training received.
    (h) Section 308(e) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10407(e)) is amended by adding at the end the following: 
``Within 90 days after the date of the enactment of this subtitle, all 
entities receiving funds pursuant to activities under 42 U.S.C. 
10407(a) shall prepare and submit a report to the Secretary that 
evaluates the effectiveness of the use of amounts received under such 
grants by such grantee and containing such other information as the 
Secretary may prescribe. The Secretary shall publish any such reports 
and provide at least 90 days for notice and opportunity for public 
comment prior to awarding or renewing any such grants.''.
    (i) Section 307(a) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10402(a)) is amended by adding at the end the following:
    ``(3) The Secretary shall deny any application that fails to 
provide documentation, including memoranda of understanding, of the 
specific involvement of the State domestic violence coalition and other 
knowledgeable individuals and interested organizations, in the 
development of the State's application.''.

                   Subtitle D--Community Initiatives

SEC. 131. GRANTS FOR COMMUNITY INITIATIVES.

    (a) Section 318(h) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10418(h)) is amended to read as follows:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $8,000,000 for fiscal year 1999;
            ``(2) $9,000,000 for fiscal year 2000;
            ``(3) $10,000,000 for fiscal year 2001;
            ``(4) $11,000,000 for fiscal year 2002; and
            ``(5) $12,000,000 for fiscal year 2003.''.
    (b) Section 318(I) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10418(I)) is amended--
            (1) by inserting ``(1)'' after ``Regula- tions.--'';
            (2) by striking the period at the end of subsection (i)(1) 
        (as so redesignated) and inserting ``; and''; and
            (3) by inserting after subsection (i)(1) (as so 
        redesignated) the following:
            ``(2) The Secretary shall annually compile and broadly 
        disseminate (including through electronic publication) 
        information about the use of funds and about the projects 
        funded under this subtitle, including any evaluations of the 
        projects and information to enable replication and adoption of 
        the strategies identified in the projects. Such dissemination 
        shall target other community-based programs, including domestic 
        violence and sexual assault programs.''

   Subtitle E--Education and Training for Judges and Court Personnel

SEC. 141. REAUTHORIZATION.

    (a) Grants for Education and Training for Judges and Court 
Personnel in State Courts.--(1) Section 40412 of the Equal Justice for 
Women in the Courts Act of 1994 (42 U.S.C. 13992) is amended--
            (A) by striking ``and'' at the end of paragraph (18);
            (B) by striking the period at the end of paragraph (19); 
        and
            (C) by inserting after paragraph (19) the following:
            ``(20) the issues raised by domestic violence in 
        determining custody and visitation, including how to protect 
        the safety of the child and of a parent who is not a 
        predominant aggressor of domestic violence, the legitimate 
        reasons parents may report domestic violence, the ways domestic 
        violence may relate to an abuser's desire to seek custody, and 
        evaluating expert testimony in custody and visitation 
        determinations involving domestic violence;
            ``(21) the issues raised by child sexual assault in 
        determining custody and visitation, including how to protect 
        the safety of the child, the legitimate reasons parents may 
        report child sexual assault, and evaluating expert testimony in 
        custody and visitation determinations involving child sexual 
        assault, including the current scientifically-accepted and 
        empirically valid research on child sexual assault; and
            ``(22) the extent to which addressing domestic violence and 
        victim safety contributes to the efficient administration of 
        justice.''.
    (2) Section 40414(a) of the Equal Justice for Women in the Courts 
Act of 1994 (42 U.S.C. 13994(a)) is amended by inserting ``and 
$1,500,000 for each of the fiscal years 1999 through 2003'' after 
``1996''.
    (b) Grants for Education and Training for Judges and Court 
Personnel in Federal Courts.--(1) Section 40421(d) of the Equal Justice 
for Women in the Courts Act of 1994 (42 U.S.C. 14001(d)) is amended to 
read as follows:
    ``(d) Model Programs.--The Federal Judicial Center, in carrying out 
section 620(b)(3) of title 28, United States Code, shall include in the 
educational programs it prepares, including the training programs for 
newly appointed judges, information on the aspects of the topics listed 
in section 40412 (42 U.S.C. 13992) that pertain to issues within the 
jurisdiction of the Federal courts, and shall prepare materials 
necessary to implement this subsection.''.
    (2) Section 40422(2) of the Equal Justice for Women in the Courts 
Act of 1994 (42 U.S.C. 14002(2)) is amended by inserting ``and $500,000 
for each of the fiscal years 1999 through 2003'' after ``1996''.
    (c) Technical Amendments to the Equal Justice for Women in the 
Courts Act.--
            (1) Ensuring collaboration with domestic violence and 
        sexual assault programs.--Section 40413 of the Equal Justice 
        for Women in the Courts Act (42 U.S.C. 13993) is amended by 
        adding the words ``, including national, State, and local 
        domestic violence and sexual assault programs and coalitions'' 
        after ``victim advocates.''
            (2) Participation of tribal courts in state training and 
        education programs.--Section 40411 of the Equal Justice for 
        Women in the Courts Act (42 U.S.C. 13991) is amended by adding 
        at the end the following: ``Nothing shall preclude the 
        attendance of tribal judges and court personnel at programs 
        funded under this section for use by States in training judges 
        and court personnel on the laws of the States.''
            (3) Use of funds for dissemination of model programs.--
        Section 40414 of the Equal Justice for Women in the Courts Act 
        (42 U.S.C. 13994) is amended by adding at the end the 
        following:
    ``(c) The State Justice Institute may use up to 5 percent of the 
funds appropriated under this section for annually compiling and 
broadly disseminating (including through electronic publication) 
information about the use of funds and about the projects funded under 
this section, including any evaluations of the projects and information 
to enable the replication and adoption of the projects.''

            Subtitle F--Grants To Encourage Arrest Policies

SEC. 151. DEFINITIONS.

    Section 2105(1) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796hh-4(1)) is amended to read as follows:
            ``(1) 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 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 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.''.

SEC. 152. REAUTHORIZATION.

    Section 1001(a)(19) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3793(a)(19)) is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting a semicolon; and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) $63,000,000 for fiscal year 1999;
                    ``(E) $67,000,000 for fiscal year 2000;
                    ``(F) $70,000,000 for fiscal year 2001;
                    ``(G) $70,000,000 for fiscal year 2002; and
                    ``(H) $70,000,000 for fiscal year 2003.''.

SEC. 153. TECHNICAL AMENDMENT.

    Section 2101 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796hh) is amended by adding the following:
    ``(d) Disbursement.--At least 5 percent of the funds appropriated 
under this section shall be used for grants to Indian tribal 
governments.''.

    Subtitle G--Rural Domestic Violence and Child Abuse Enforcement

SEC. 161. REAUTHORIZATION.

    Section 40295(c)(1) of the Safe Homes for Women Act of 1994 (12 
U.S.C. 13971(c)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) $35,000,000 for each of the fiscal years 
                1999, 2000, 2001, 2002, and 2003.''.

SEC. 162. TECHNICAL AMENDMENTS.

    Section 40295(c) of the Safe Homes for Women Act of 1994 (12 U.S.C. 
13971(c)) is amended by adding the following:
            ``(3) Disbursement.--At least 5 percent of the funds 
        appropriated under this subtitle shall be used for grants to 
        Indian tribal governments.''.

      Subtitle H--National Stalker and Domestic Violence Reduction

SEC. 171. TECHNICAL AMENDMENTS.

    Section 40602(a) of the Safe Homes for Women Act of 1994 (42 U.S.C. 
14031(a)) is amended by inserting ``and implement'' after ``improve''.

SEC. 172. REAUTHORIZATION.

    Section 40603 of the Safe Homes for Women Act of 1994 (42 U.S.C. 
14032) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) $3,000,000 for each of the fiscal years 1999, 2000, 
        2001, 2002, and 2003.''

                Subtitle I--Federal Victims' Counselors

SEC. 181. REAUTHORIZATION.

    Section 40114 of the Safe Streets for Women Act of 1994 is amended 
to read as follows: ``There are authorized to be appropriated for the 
United States Attorneys for the purpose of appointing Victim/Witness 
Counselors for the prosecution of domestic violence and sexual assault 
crimes where applicable (such as the District of Columbia) $1,000,000 
for each of the fiscal years 1999, 2000, 2001, 2002, and 2003.''

 Subtitle J--Education and Prevention Grants To Reduce Sexual Abuse of 
                  Runaway, Homeless, and Street Youth

SEC. 191. REAUTHORIZATION.

    Section 316(c) of part A of the Runaway and Homeless Youth Act (42 
U.S.C. 5712d(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (3) the following:
            ``(4) $22,000,000 for each of the fiscal years 1999, 2000, 
        2001, 2002, and 2003.''

SEC. 192. DISSEMINATION OF INFORMATION.

    Section 316 of part A of the Runaway and Homeless Youth Act (42 
U.S.C. 5712d) is amended by redesignating subsection (d) as subsection 
(e) and by inserting the following new subsection:
    ``(d) The Secretary shall annually compile and broadly disseminate 
(including through electronic publication) information about the use of 
funds and about the projects funded under this subtitle, including any 
evaluations of the projects and information to enable replication and 
adoption of the strategies identified in the projects. Such 
dissemination shall target community-based programs, including domestic 
violence and sexual assault programs.''

              Subtitle K--Victims of Child Abuse Programs

SEC. 191-1. REAUTHORIZATION OF COURT-APPOINTED SPECIAL ADVOCATE 
              PROGRAM.

    Section 218(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13014(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (5) the following:
            ``(6) $12,000,000 for each of the fiscal years 2001, 2002, 
        and 2003.''

SEC. 191-2. REAUTHORIZATION OF CHILD ABUSE TRAINING PROGRAMS FOR 
              JUDICIAL PERSONNEL AND PRACTITIONERS.

    Section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13024(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (5) the following:
            ``(6) $2,300,000 for each of the fiscal years 2001, 2002, 
        and 2003.''

SEC. 191-3. REAUTHORIZATION OF GRANTS FOR TELEVISED TESTIMONY.

    Section 1001(a)(7) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(7)) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting a semicolon; and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) $1,000,000 for each of the fiscal years 2001, 
                2002, and 2003.''

SEC. 191-4. DISSEMINATION OF INFORMATION.

    Section 40156 of the Violence Against Women Act of 1994 is amended 
by redesignating subsection (d) as subsection (e) and by adding the 
following new subsection:
    ``(d) The Attorney General shall annually compile and broadly 
disseminate (including through electronic publication) information 
about the use of funds and about the projects funded under this 
section, including any evaluations of the projects and information to 
enable replication and adoption of the strategies identified in the 
projects. Such dissemination shall target community-based programs, 
including domestic violence and sexual assault programs.''

         TITLE II--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

SEC. 201. FINDINGS.

    Congress finds as follows:
            (1) Witnessing domestic violence has a devastating impact 
        on children, placing them at high risk for anxiety, depression, 
        and, potentially, suicide. These children may exhibit more 
        aggressive, antisocial, fearful, and inhibited behaviors.
            (2) Children exposed to domestic violence often have 
        problems in school.
            (3) Domestic violence is strongly correlated with child 
        abuse. Studies have found that between 50 and 70 percent of men 
        who abuse their female partners also abuse their children.
            (4) Boys who witness parental abuse during their childhood 
        are at a higher risk of being physically aggressive in dating 
        and marital relationships.
            (5) Girls are 3 times as likely as boys to be victims of 
        sexual abuse.
            (6) Children often fail to report child sexual abuse 
        because of the fear that disclosure will bring worse 
        consequences than being victimized again, including 
        consequences from the family, feeling guilty for consequences 
        to the perpetrator, and fear of subsequent retaliation from the 
        perpetrator. Victims may also feel that the abuse is their 
        fault.
            (7) Women are at an increased risk of harm after separation 
        from an abusive partner. Separated women are three times more 
        likely than divorced women and 25 times more likely than 
        married women to be victims of violence at the hands of an 
        intimate partner.
            (8) Children are also at increased risk of harm during 
        separation. In 1 study, 34 percent of women in shelters and 
        callers to hotlines reported threats of kidnapping, 11 percent 
        reported that the batterer had kidnapped the child for some 
        period, and 21 percent reported that threats of kidnapping 
        forced the victim to return to the batterer.
            (9) According to a 1996 report by the American 
        Psychological Association (APA), which Congress views as 
        authoritative on matters of domestic violence and child custody 
        and visitation determinations, custody and visitation disputes 
        are more frequent when there is a history of domestic violence. 
        Further, fathers who batter mothers are twice as likely to seek 
        sole custody of their children and they may misuse the legal 
        system as a forum for continuing abuse through harassing and 
        retaliatory legal actions.
            (10) The need for supervised visitation centers far exceeds 
        the number of available programs, resulting in courts ordering 
        unsupervised visitation and endangering parents and children or 
        cutting off visitation altogether.
            (11) One-third of high school and college age students 
        experience violence with an intimate partner.
            (12) A 1992 study concluded that being abused or neglected 
        in childhood increases the likelihood of arrest for girls and 
        women by 77 percent.
            (13) Although courts should diligently protect the 
        interests of both parents in frequent and continuing contact 
        with their children, in the case where 1 parent has committed 
        domestic violence against the other parent, protection of the 
        other parent and the children is a vital consideration that 
        should take precedence.
            (14) Every State has legislation or judicial decisions that 
        base its custody determinations on what is in the best 
        interests of the child, and the vast majority of States include 
        considerations of domestic violence as a factor in determining 
        the best interests of the child.
            (15) The National Council of Juvenile and Family Court 
        Judges includes the option of supervised visitation centers in 
        their Model Code on Domestic and Family Violence.
            (16) Despite the perception that mothers always win custody 
        cases, studies show that fathers who contest custody win sole 
        or joint custody in 40 to 70 percent of cases.
            (17) According to the APA, there is no reliable empirical 
        data to support the so-called phenomenon of ``parental 
        alienation syndrome,'' although courts and custody evaluators 
        frequently use such terms to discount children's reasonable 
        fear and anger toward a violent parent. This ``syndrome'' and 
        similar ones are used almost exclusively against women.
            (18) The documented rate of any child abuse allegations in 
        custody cases is approximately 2 percent, and there is no 
        evidence that false accusations are more common in the context 
        of custody litigation.
            (19) Congress never intended that the Parental Kidnapping 
        Prevention Act be used to prohibit an abused or protective 
        parent from protecting themselves or their child by relocation 
        to a place of safety.
            (20) When domestic violence is or has been present in the 
        relationship, shared parenting arrangements, couples 
        counseling, or mediation arrangements may increase the danger 
        to children and to the nonviolent parent.

                  Subtitle A--Safe Havens for Children

SEC. 211. PURPOSES.

    The purposes of section 212 are--
            (1) to provide secure locations for visitation and 
        visitation exchange;
            (2) to protect children from the trauma of witnessing 
        domestic violence, or experiencing abduction, injury, or death 
        during parent and child visitation or visitation exchanges;
            (3) to protect victims of domestic violence from 
        experiencing further violence, abuse, and threats during child 
        visitation or visitation exchanges;
            (4) to protect children from the trauma of experiencing 
        sexual assault or other forms of physical assault and abuse 
        during parent and child visitation or visitation exchanges; and
            (5) to provide an ongoing safe haven for parents and 
        children during visitation or visitation exchanges to promote 
        continuity and stability.

SEC. 212. GRANTS TO PROVIDE FOR SUPERVISED VISITATION CENTERS.

    (a) Grants.--The Attorney General is authorized to award grants to 
public or private nonprofit nongovernmental entities, including 
tribally chartered organizations and nonprofit organizations operating 
within the boundaries of an Indian reservation whose governing body 
reflects the populations served, to assist such entities in 
establishing and operating supervised visitation centers for the 
purposes of facilitating supervised visitation and visitation exchange. 
At least 50 percent of all grants awarded shall be for contracts and 
cooperative agreements with private nonprofit, nongovernmental 
entities, including entities receiving court referrals.
    (b) Considerations.--In awarding such grants, contracts, and 
cooperative agreements under paragraph (1), the Attorney General shall 
take into account--
            (1) the number of families to be served by the proposed 
        visitation center to be established under the grant, contract, 
        or agreement;
            (2) the extent to which supervised visitation centers serve 
        underserved populations as that term is defined in section 
        2003(7) of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796gg-2(7)), as amended by title VI of this 
        Act;
            (3) the extent to which the applicant demonstrates 
        cooperation and collaboration with nonprofit, nongovernmental 
        entities in the local community served, including the State 
        domestic violence and sexual assault coalitions, local shelters 
        and programs for domestic violence victims, including programs 
        providing legal assistance to domestic violence victims and 
        rape crisis centers;
            (4) the extent to which the applicant demonstrates 
        coordination and collaboration with State and local court 
        systems, including mechanisms for communication and referral; 
        and
            (5) the extent to which the applicant demonstrates 
        implementation of domestic violence and sexual assault training 
        for all employees.
    (c) Use of Funds.--
            (1) In general.--Amounts provided under a grant, contract, 
        or cooperative agreement awarded under this subsection shall be 
        used to establish supervised visitation centers and for the 
        purposes described in section 1(b). In using such amounts, 
        grantees and persons awarded a contract or cooperative 
        agreement shall target the economically disadvantaged and those 
        individuals who could not otherwise afford such visitation 
        services. Individuals shall be permitted to use the services 
        provided by the center on a sliding fee basis. For purposes of 
        determining qualification for sliding scale fees, only the 
        individual income will be considered and no spousal or 
        household income will be counted.
            (2) Regulations and applicant requirements.--The Attorney 
        General shall award grants, contracts, and cooperative 
        agreements under this section in accordance with such 
        regulations as the Attorney General may promulgate. The 
        regulations shall establish a multi-year grant process. The 
        Attorney General shall give priority in awarding grants, 
contracts, and cooperative agreements under this title to entities in 
States that consider domestic violence in making a custody decision. An 
applicant awarded such a grant, contract, or cooperative agreement 
shall--
                    (A) for applicants under section 201(b)(1) or (2)--
                            (i) demonstrate recognized expertise in the 
                        area of domestic violence, including addressing 
                        the impact of domestic violence on children, 
                        and a record of high quality service to victims 
                        of domestic violence; and
                            (ii) demonstrate through a memorandum of 
                        understanding collaboration with and support of 
                        the State domestic violence coalition and local 
                        domestic violence shelter or program in the 
                        locality in which the supervised visitation 
                        center will be operated;
                    (B) for applicants under section 201(b)(3)--
                            (i) demonstrate recognized expertise in the 
                        area of child sexual assault and abuse and a 
                        record of high quality service to victims of 
                        sexual assault; and
                            (ii) demonstrate through a memorandum of 
                        understanding collaboration with and support of 
                        the State sexual assault coalition and local 
                        rape crisis center or sexual assault program in 
                        the locality where the supervised visitation 
                        center will be operated;
                    (C) provide supervised visitation and visitation 
                exchange services over the duration of a court order to 
                promote continuity and stability;
                    (D) demonstrate that adequate security measures, 
                including adequate facilities, procedures and personnel 
                capable of preventing violence, are in place for the 
                operation of supervised visitation; and
                    (E) describe in detail the standards by which the 
                supervised visitation center will operate.
    (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 concerning--
            (1) the number of individuals including number of parents 
        and children served and the number of individuals 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, 
        emotional abuse or other physical abuse of children, or a 
        combination of such factors;
            (2) the numbers of supervised visitations or visitation 
        exchanges ordered during custody determinations 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 during the 
        reporting period during supervised visitations or at visitation 
        centers including the number of parental abductions;
            (5) the number of parental abduction cases in a judicial 
        district using supervised visitation services, both as 
        identified in criminal prosecution and custody violations;
            (6) program standards across the country that are in place 
        for operating a supervised visitation center; and
            (7) any other appropriate information designated 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 appropriated 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 organizations.

  Subtitle B--Violence Against Women Prevention Among Youth in Schools

SEC. 221. GRANTS FOR VIOLENCE AGAINST WOMEN PREVENTION AMONG YOUTH.

    (a) In General.--For purposes of this section, the Secretary of 
Education shall in consultation with the Secretary of the Department of 
Health and Human Services, implement a program to educate young people 
about violence against women.
    (b) Use of Funds.--
            (1) The Secretary shall make grants to primary, middle, and 
        secondary schools to develop, adopt, implement, and disseminate 
        educational curricula and materials on violence against women, 
        including training for school personnel. Such curricula and 
        materials should be developed, adopted, implemented, and 
        disseminated in consultation and collaboration with experts on 
        violence against women and girls from the educational, legal, 
        cultural competence, youth and victim advocacy fields, such as 
        domestic violence shelters, domestic violence programs, 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 recipients of the curricula and materials and training.
            (2) The Secretary shall disseminate any existing Department 
        of Education policy guidance regarding 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 examine 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 address the needs of girls as 
        victims of domestic violence 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 Kidnaping 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 paragraph (4) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (4) the following new 
        paragraphs:
            ``(5) existing Federal and State laws are inadequate 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 protection 
        systems may result in the inappropriate placement 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 amended--
            (1) by redesignating paragraphs (3) through (6) as 
        paragraphs (5) through (8), respectively;
            (2) by inserting after paragraph (2) the following:
            ``(3) promote cooperation between State and tribal courts 
        to protect parents and children from an incident or pattern of 
        domestic violence or sexual assault;
            ``(4) promote realistic and protective standards for 
        interstate relocation when parents dispute custody, 
        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 following: ``, consistent 
        with not endangering or inappropriately punishing parents who 
        are victims of domestic violence or children who are victims of 
        sexual assault''; 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 justifiable in an attempt to protect the 
        parent or any child in the parent's care''.

SEC. 233. DEFENSE TO CRIMINAL CUSTODIAL INTERFERENCE 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 custodial 
interference, or of felony criminal contempt of court related to an 
underlying child custody or visitation determination, that would 
otherwise provide a basis for prosecution 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 Jurisdiction 
                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 domestic 
        violence or sexual assault of the child;
            ``(3) would otherwise have a defense under the terms of the 
        International Parental Kidnapping Prevention Act (18 U.S.C. 
        1204).
    ``(c) The Attorney General shall issue guidance to assist 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 subsection (b) due to the potential 
availability of any defense.''.

SEC. 234. FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY 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 inconsistent 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 involves 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 following:
            ``(4) `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 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 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;
            ``(5) `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;'';
            (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (6), (7), and (8), respectively;
            (3) by redesignating paragraph (7) as paragraph (9) and by 
        striking ``and'' after the semicolon;
            (4) by inserting after paragraph (9) (as so redesignated) 
        the following:
            ``(10) `predominant aggressor' means the individual 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 inflicted 
                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 persons 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 paragraph (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 violence 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 
jurisdiction 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 presumption 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 allegations should 
        be fully and impartially investigated regardless of when they 
        are raised or whether the child has withdrawn the allegation;
            (4) States should be far more protective of victims of 
        domestic violence and sexual assault in custody and visitation 
        determinations and not order mediation, 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 DOMESTIC VIOLENCE AND SEXUAL 
              ASSAULT.

    (a) Purpose.--The purpose of this program is to encourage 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 policies, 
practices, and services are consistent with the following 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, responsible 
        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 interventions for both the child and 
adult victims.
            (4) Establish and enforce policies to ensure the 
        confidentiality of information on families shared between child 
        welfare service agencies and local domestic 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 attention to links between child 
        welfare service agencies, 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 domestic violence and 
        sexual assault.
    (d) Eligibility.--Eligible grantees are States, Indian 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 subsection (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 
                responsible for screening, intake, assessment, and 
                investigation of reports of child abuse and neglect. 
                The training must be conducted in collaboration with 
                domestic violence experts and staff from community-
                based domestic violence and sexual assault programs, 
                rape crisis centers, and relevant law enforcement 
                representatives. At a minimum, the protocols and 
                training must address the following:
                            (i) Dynamics of domestic violence and its 
                        relationship to child abuse.
                            (ii) Screening for domestic violence and 
                        sexual assault and assessing danger to the 
                        child and adult victims.
                            (iii) Applicable Federal, State, and local 
                        laws pertaining to domestic violence and sexual 
                        assault.
                            (iv) Appropriate interventions for child 
                        and adult victims that protect the safety of 
                        both and give appropriate consideration to 
                        preserving those family members not responsible 
                        for the abuse.
                            (v) Appropriate supervision of staff 
                        working with families where there has been 
                        domestic violence, including issues regarding 
                        worker safety.
                            (vi) Protecting the confidentiality of the 
                        child and adult victims.
                    (B) Community-based networks of services and 
                supports that respond effectively to the comprehensive 
                needs of child and adult victims of domestic violence 
                and sexual assault and include at least the following:
                            (i) Appropriate referrals to community-
                        based domestic violence and sexual assault 
                        programs and rape crisis centers.
                            (ii) Emergency shelter and transitional 
                        housing for abused parents and their children.
                            (iii) Legal assistance and advocacy for 
                        victims, including, when appropriate, 
                        assistance in obtaining and entering orders of 
                        protection.
                            (iv) Support and training to assist parents 
                        to help their children cope with the impact of 
                        domestic violence and sexual assault.
                            (v) Programs to help children who have 
                        witnessed domestic violence.
                            (vi) Health, mental health, and other 
                        necessary supportive services.
                            (vii) Assistance to obtain necessary 
                        economic supports; and
            (3) identifies the agencies that will be responsible for 
        carrying out the initiative and includes documentation from 
        community-based domestic violence and sexual assault programs 
        and rape crisis centers that they have been involved in the 
        development of the application and describes their ongoing 
        involvement in the development of the training and modification 
        of policies, procedures, programs, and practices, including 
        their potential roles as subcontractors.
    (e) Priority.--In awarding grants under this part, the Attorney 
General and the Secretary of Health and Human Services shall give 
priority to applicants that already have demonstrated a commitment to 
educate staff of child welfare service agencies and domestic violence 
programs about the impact of domestic violence on children, the special 
risks of child abuse and neglect, and appropriate services and 
interventions for protecting both the child and adult victims of 
domestic violence and sexual assault.
    (f) Evaluation, Reporting, and Dissemination.--Each grantee 
receiving funds under this program shall submit annually a report to 
the Attorney General and the Secretary of Health and Human Services 
evaluating the effectiveness of activities developed with the funds 
provided under this program and containing such additional information 
as the Attorney General and the Secretary shall require. In addition, 
the Attorney General and the Secretary shall within 6 months of the 
conclusion of these 3-year grants distribute to all State child welfare 
agencies, State domestic violence and sexual assault coalitions, and to 
the Congress summaries of the activities implemented by these grantees, 
and related initiatives undertaken by the Departments of Justice and 
Health and Human Services to promote attention by child welfare staff 
and staff of domestic violence and sexual assault agencies to domestic 
violence and sexual assault and its impact on its child and adult 
victims.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this grant program: $3,000,000 for fiscal 
year 1999, $4,000,000 for fiscal year 2000, $5,000,000 for fiscal year 
2001, $5,000,000 for fiscal year 2002, and $5,000,000 for fiscal year 
2003. Each eligible grantee shall receive an amount to be determined by 
the Attorney General and the Secretary, but not less than $250,000 a 
year.

                 Subtitle F--Child Abuse Accountability

SEC. 261. SHORT TITLE.

    This subtitle may be cited as the ``Child Abuse Accountability 
Act''.

SEC. 262. AMENDMENTS TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME 
              SECURITY ACT OF 1974.

    (a) Creation or Assignment of Rights to Benefits Under Qualified 
Child Abuse Orders.--Section 206(d)(3)(A) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1056(d)(3)(A)) is amended--
            (1) by inserting ``or a child abuse order'' after ``a 
        domestic relations order'';
            (2) by inserting ``or a qualified child abuse order'' after 
        ``a qualified domestic relations order''; and
            (3) by inserting ``or any qualified child abuse order'' 
        after ``any qualified domestic relations order''.
    (b) Qualified Child Abuse Orders.--Section 206(d)(3)(B) of such Act 
(29 U.S.C. 1056(d)(3)(B)) is amended--
            (1) in clause (i), by striking ``the term'' and inserting 
        ``The term'', and by striking ``, and'' at the end and 
        inserting a period;
            (2) in clause (ii), by striking ``the term'' and inserting 
        ``The term''; and
            (3) by adding at the end the following new clauses:
                    ``(iii) The term `qualified child abuse order' 
                means a child abuse order--
                            ``(I) which creates or recognizes the 
                        existence of an alternate payee's right to, or 
                        assigns to an alternate payee the right to, 
                        receive all or a portion of the 
benefits payable with respect to a participant under a plan, and
                            ``(II) with respect to which the 
                        requirements of subparagraphs (C) and (D) are 
                        met.
                    ``(iv) The term `child abuse order' means any court 
                order or other similar process for the enforcement of a 
                judgment rendered against a participant or beneficiary 
                under a plan for physically, sexually, or emotionally 
                abusing a child. For purposes of this clause--
                            ``(I) The term `judgment rendered for 
                        physically, sexually, or emotionally abusing a 
                        child' means any legal claim perfected through 
                        a final enforceable judgment, which claim is 
                        based in whole or in part upon the physical, 
                        sexual, or emotional abuse of a child, whether 
                        or not that abuse is accompanied by other 
                        actionable wrongdoing, such as sexual 
                        exploitation or gross negligence.
                            ``(II) The term `child' means an individual 
                        under 18 years of age.''.
    (c) Exemption From Preemption.--Section 514(b)(7) of such Act (29 
U.S.C. 1144(b)(7)) is amended by inserting ``or qualified child abuse 
orders (within the meaning of section 206(d)(3)(B)(iii))'' before the 
period.
    (d) Conforming Amendments.--Section 206(d)(3) of such Act (29 
U.S.C. 1056(d)(3)) is amended--
            (1) in subparagraph (C), by inserting ``or child abuse 
        order'' after ``A domestic relations order'';
            (2) in subparagraph (D), by inserting ``or child abuse 
        order'' after ``A domestic relations order'';
            (3) in subparagraph (E)(i), by inserting ``or child abuse 
        order'' after ``A domestic relations order'';
            (4) in subparagraph (G)(i), by inserting ``or child abuse 
        order'' after ``any domestic relations order'', by striking 
        ``domestic relations orders'' in subclause (I) and inserting 
        ``such an order'', and by inserting ``or a qualified child 
        abuse order'' in subclause (II) after ``a qualified domestic 
        relations order'';
            (5) in subparagraph (G)(ii), by inserting ``and child abuse 
        orders'' after ``domestic relations orders'', and by inserting 
        ``or child abuse order'' after ``domestic relations order'' 
        each place it appears in subclauses (II) and (III);
            (6) in subparagraph (H)(i), by inserting ``or whether a 
        child abuse order is a qualified child abuse order'' after 
        ``whether a domestic relations order is a qualified domestic 
        relations order'', and by inserting ``or a qualified child 
        abuse order'' after ``to be a qualified domestic relations 
        order'';
            (7) in subparagraph (H)(ii), by inserting ``or a qualified 
        child abuse order'' after ``a qualified domestic relations 
        order'';
            (8) in subparagraph (H)(iii), by inserting ``(in the case 
        of a domestic relations order) or a qualified child abuse order 
        (in the case of a child abuse order)'' after ``a qualified 
        domestic relations order'' each place it appears in subclauses 
        (I) and (II);
            (9) in subparagraph (H)(iv), by inserting ``or a qualified 
        child abuse order'' after ``a qualified domestic relations 
        order'';
            (10) in subparagraph (H)(v), by inserting ``or child abuse 
        order'' after ``the domestic relations order'';
            (11) in subparagraph (I)(i), by inserting ``or child abuse 
        order'' after ``a domestic relations order'', and by inserting 
        ``or qualified child abuse order, respectively'' after ``a 
        qualified domestic relations order'';
            (12) in subparagraph (J), by inserting ``or a qualified 
        child abuse order'' after ``a qualified domestic relations 
        order'';
            (13) in subparagraph (K), by inserting ``or child abuse 
        order'' after ``a domestic relations order''; and
            (14) in subparagraph (M), by inserting ``or a qualified 
        child abuse order'' after ``a qualified domestic relations 
        order''.

SEC. 263. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Creation or Assignment of Rights to Benefits Under Qualified 
Child Abuse Orders.--Subparagraph (B) of section 401(a)(13) of the 
Internal Revenue Code of 1986 (relating to assignment of benefits) is 
amended--
            (1) by inserting ``or child abuse orders'' after ``domestic 
        relations orders'' in the heading;
            (2) by inserting ``or a child abuse order'' after ``a 
        domestic relations order''; and
            (3) by inserting ``or a qualified child abuse order'' after 
        ``a qualified domestic relations order''.
    (b) Qualified Child Abuse Orders.--Section 414(p) of such Code 
(defining qualified domestic relations order) is amended--
            (1) in the heading, by inserting ``and Qualified Child 
        Abuse Order'' after ``Order''; and
            (2) in paragraph (1), by adding at the end the following 
        new subparagraphs:
                    ``(C) Qualified child abuse order.--The term 
                `qualified child abuse order' means a child abuse 
                order--
                            ``(i) which creates or recognizes the 
                        existence of an alternate payee's right to, or 
                        assigns to an alternate payee the right to, 
                        receive all or a portion of the benefits 
                        payable with respect to a participant under a 
                        plan, and
                            ``(ii) with respect to which the 
                        requirements of paragraphs (2) and (3) are met.
                    ``(D) Child abuse order.--
                            ``(i) In general.--The term `child abuse 
                        order' means any court order or other similar 
                        process for the enforcement of a judgment 
                        rendered against a participant or beneficiary 
                        under a plan for physically, sexually, or 
                        emotionally abusing a child.
                            ``(ii) Definitions.--For purposes of this 
                        subparagraph--
                                    ``(I) The term `judgment rendered 
                                for physically, sexually, or 
                                emotionally abusing a child' means any 
                                legal claim perfected through a final 
                                enforceable judgment, which claim is 
                                based in whole or in part upon the 
                                physical, sexual, or emotional abuse of 
                                a child, whether or not that abuse is 
                                accompanied by other actionable 
                                wrongdoing, such as sexual exploitation 
                                or gross negligence.
                                    ``(II) The term `child' means an 
                                individual under 18 years of age.''.
    (c) Conforming Amendments.--Subsection (p) of section 414 of such 
Code is amended--
            (1) in paragraph (2), by inserting ``or child abuse order'' 
        after ``A domestic relations order'';
            (2) in paragraph (3), by inserting ``or child abuse order'' 
        after ``A domestic relations order'';
            (3) in paragraph (4)(A), by inserting ``or child abuse 
        order'' after ``a domestic relations order'';
            (4) in paragraph (6)(A), by inserting ``or child abuse 
        order'' after ``any domestic relations order'', by striking 
        ``domestic relations orders'' in clause (i) and inserting 
        ``such an order'', and by inserting ``or a qualified child 
        abuse order'' in clause (ii) after ``a qualified domestic 
        relations order'';
            (5) in paragraph (6)(B), by inserting ``and child abuse 
        orders'' after ``domestic relations orders'';
            (6) in paragraph (7)(A), by inserting ``or whether a child 
        abuse order is a qualified child abuse order'' after ``whether 
        a domestic relations order is a qualified domestic relations 
        order'', and by inserting ``or a qualified child abuse order'' 
        after ``to be a qualified domestic relations order'';
            (7) in paragraph (7)(B), by inserting ``or qualified child 
        abuse order'' in the heading after ``qualified domestic 
        relations order'', and by inserting ``or a qualified child 
        abuse order'' after ``a qualified domestic relations order'';
            (8) in paragraph (7)(C), by inserting ``(in the case of a 
        domestic relations order) or a qualified child abuse order (in 
        the case of a child abuse order)'' after ``a qualified domestic 
        relations order'' each place it appears in clauses (i) and 
        (ii);
            (9) in paragraph (7)(D), by inserting ``or a qualified 
        child abuse order'' after ``a qualified domestic relations 
        order'';
            (10) in paragraph (7)(E), by inserting ``or child abuse 
        order'' after ``the domestic relations order'';
            (11) in paragraph (8), by inserting ``or child abuse 
        order'' after ``a domestic relations order'';
            (12) in paragraph (9), by inserting ``or a qualified child 
        abuse order'' after ``a qualified domestic relations order'';
            (13) in paragraph (10), by inserting ``or a qualified child 
        abuse order'' after ``a qualified domestic relations order''; 
        and
            (14) in paragraph (11), by inserting ``(in the case of a 
        domestic relations order) or a qualified child abuse order (in 
        the case of a child abuse order)'' after ``pursuant to a 
        qualified domestic relations order'', and by inserting ``or a 
        child abuse order'' after ``pursuant to a domestic relations 
        order''.
    (d) Tax Treatment of Distributions Pursuant to Qualified Child 
Abuse Orders.--
            (1) Alternate payee must include benefits in gross 
        income.--Paragraph (1) of section 402(e) of such Code (relating 
        to alternate payee under qualified domestic relations order 
treated as distributee) is amended by inserting ``or qualified child 
abuse order'' after ``a qualified domestic relations order'' each place 
it appears.
            (2) Allocation of investment in the contract.--Paragraph 
        (10) of section 72(m) of such Code (relating to determination 
        of investment in the contract in the case of qualified domestic 
        relations orders) is amended--
                    (A) in the heading, by inserting ``and qualified 
                child abuse orders'' after ``qualified domestic 
                relations orders''; and
                    (B) by inserting ``or qualified child abuse order'' 
                after ``a qualified domestic relations order''.
            (3) Clarification of eligibility of participant for lump 
        sum treatment.--
                    (A) Subparagraph (H) of section 402(d)(4) of such 
                Code (relating to balance to credit of employee not to 
                include amounts payable under qualified domestic 
                relations order) is amended--
                            (i) in the heading, by inserting ``or 
                        qualified child abuse order'' after ``qualified 
                        domestic relations order''; and
                            (ii) by inserting ``or qualified child 
                        abuse order'' after ``a qualified domestic 
                        relations order''.
                    (B) Subparagraph (J) of section 402(d)(4) of such 
                Code is amended by inserting ``, or under a qualified 
                child abuse order (within the meaning of section 
                414(p)) of the balance to the credit of an alternate 
                payee,'' after ``former spouse of the employee''.

SEC. 264. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect on January 
1, 1998, except that, in the case of a child abuse order entered before 
such date, the plan administrator--
            (1) shall treat such order as a qualified child abuse order 
        if such administrator is paying benefits pursuant to such order 
        on such date, and
            (2) may treat any other such order entered before such date 
        as a qualified child abuse order even if such order does not 
        meet the requirements of such amendments.

                  TITLE III--SEXUAL ASSAULT PREVENTION

                 Subtitle A--Rape Prevention Education

SEC. 301. TRANSFER OF RAPE PREVENTION AND EDUCATION PROGRAM.

    Part J of title III of the Public Health Service Act is amended by 
inserting after section 393A the following new section:

``SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.

    ``(a) Permitted Use.--Notwithstanding section 1904(a)(1), amounts 
transferred by the State for use under this part shall be used for rape 
prevention and education programs conducted by rape crisis centers and 
nonprofit State sexual assault coalitions for--
            ``(1) educational seminars;
            ``(2) the operation of hotlines;
            ``(3) training programs for professionals;
            ``(4) the preparation of informational material; and
            ``(5) other efforts to increase awareness of the facts 
        about, or to help prevent, sexual assault, including efforts to 
        increase awareness in underserved communities as defined in 42 
        U.S.C. 3796gg-2(7) as modified by title VI of this Act.
    ``(b) National Resource Center.--The Secretary of the Department of 
Health and Human Services shall, through the National Center for Injury 
Prevention and Control at the Centers for Disease Control and 
Prevention, establish a National Resource Center on Sexual Assault to 
provide resource information, policy, training, and technical 
assistance to Federal, State, and Indian tribal agencies, as well as to 
State sexual assault coalitions and local sexual assault programs and 
to other professionals and interested parties on issues relating to 
sexual assault. The Resource Center shall maintain a central resource 
library in order to collect, prepare, analyze, and disseminate 
information and statistics and analyses thereof relating to the 
incidence and prevention of sexual assault.
    ``(c) Targeting of Education Programs.--States providing grant 
moneys must ensure that at least 25 percent of the moneys are devoted 
to educational programs targeted for middle school, junior high, and 
high school aged students. The programs targeted under this subsection 
shall be conducted by rape crisis centers and State sexual assault 
coalitions.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $75,000,000 for fiscal year 1999;
                    ``(B) $75,000,000 for fiscal year 2000;
                    ``(C) $100,000,000 for fiscal year 2001;
                    ``(D) $100,000,000 for fiscal year 2002; and
                    ``(E) $150,000,000 for fiscal year 2003.
        Funds authorized to be appropriated under this section are 
        appropriated from the Violent Crime Reduction Fund pursuant to 
        42 U.S.C. 14211(c) and subparagraph (16) under the definition 
        of ``prevention program'' in 42 U.S.C. 14214(d).
            ``(2) Sexual assault coalitions.--Of the amount 
        appropriated for any fiscal year under this section, at least 
        15 percent of the total amount appropriated shall be used for 
        making grants to State sexual assault coalitions to address 
        public health issues associated with sexual assault through 
        training, resource development, or similar research.
            ``(3) Subsection (b) allotment.--Of the amount appropriated 
        for any fiscal year under this section, at least 1 percent 
        shall be made available for allotment under subsection (b).
    ``(e) Limitations.--
            ``(1) A State may use funds under this section only so as 
        to supplement and, to the extent practicable, increase the 
        level of funds that would be available from non-Federal sources 
        for the activities described in subsection (a), and in no case 
        may such funds be used to supplant funds from other sources.
            ``(2) A State may not use more than 2 percent of the funds 
        received in each fiscal year under this section for 
        surveillance studies or prevalence studies.
            ``(3) A State may not use more than 5 percent of funds 
        received in each fiscal year under this section for 
        administrative expenses.
    ``(f) Eligible Organizations.--The Secretary shall award a grant 
under subsection (b) of this section to a private nonprofit 
organization which can--
            ``(1) demonstrate that it has recognized expertise in the 
        area of sexual assault, a record of high-quality services to 
        victims of sexual assault, including a demonstration of support 
        from advocacy groups, such as State sexual assault coalitions 
        or recognized national sexual assault groups; and
            ``(2) demonstrate a commitment to diversity and to the 
        provision of services to underserved populations as defined in 
        42 U.S.C. 3799gg-7 as modified by title VI of this Act.
    ``(g) Definitions.--
            ``(1) For purposes of this section, the term `rape 
        prevention and education' includes education and prevention 
        efforts directed at sexual offenses committed by offenders who 
        are not known to the victim as well as offenders who are known 
        to the victim.
            ``(2) 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.
            ``(3) The term `rape crisis center' means a private 
        nonprofit organization that is organized, or has as one of its 
        primary purposes, to provide services for victims of sexual 
        assault and has a record of commitment and demonstrated 
        experience in providing services to victims of sexual assault.
    ``(h) Terms.--
            ``(1) The Secretary shall make allotments to each State on 
        the basis of the population of the State.
            ``(2) No State may use funds made available by reason of 
        subsection (a) in any fiscal year for administration of any 
        prevention program other than the rape prevention and education 
        program for which allotments are made under this section.
            ``(3) Any amount paid to a State for a fiscal year and 
        remaining unobligated at the end of such year shall remain 
        available for the next fiscal year to such State for the 
        purposes for which it was made.''.

SEC. 302. TECHNICAL AMENDMENT TO PUBLIC LAW 103-322.

    (a) Repeal.--Section 1910A of the Public Health and Human Services 
Act is repealed.
    (b) Effective Date.--The repeal made by subsection (a) of this 
section shall take effect the day after the date of enactment of this 
Act.

   Subtitle B--Standards, Practice, and Training for Sexual Assault 
                              Examinations

SEC. 311. SHORT TITLE.

    This subtitle may be cited as the ``Standards, Practice, and 
Training for Sexual Assault Examinations Act''.

SEC. 312. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL ASSAULT 
              EXAMINATIONS.

    (a) In General.--The Attorney General shall--
            (1) evaluate existing standards of training and practice 
        for licensed health care professionals performing sexual 
        assault forensic examinations and develop a national 
        recommended standard for training;
            (2) recommend sexual assault examination training for all 
        health care students to improve the recognition of injuries 
        suggestive of rape and sexual assault and baseline knowledge of 
        appropriate referrals in victim treatment and evidence 
        collection; and
            (3) review existing national, State, and local protocols on 
        sexual assault for forensic examinations, and based on this 
        review, develop a recommended national protocol, and establish 
        a mechanism for its nationwide dissemination.
    (b) Consultation.--The Attorney General shall consult with 
national, State, and local experts in the area of rape and sexual 
assault, including but not limited to, rape crisis centers, State 
sexual assault and domestic violence coalitions and programs, criminal 
justice, forensic nursing, forensic science, emergency room medicine, 
law, social services, sex crimes in underserved communities as defined 
in 42 U.S.C. 3796gg-2(7) as modified by title VI of this Act.
    (c) Report.--The Attorney General shall ensure that no later than 1 
year after the date of enactment of this Act, a report of the 
directives in subsection (a) is submitted to Congress.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $200,000 for fiscal year 1999.

  Subtitle C--Prevention of Custodial Sexual Assault by Correctional 
                                 Staff

SEC. 331. SHORT TITLE.

    This subtitle may be cited as the ``Prevention of Custodial Sexual 
Assault by Correctional Staff Act''.

SEC. 332. FINDINGS.

    Congress finds the following:
            (1) According to an extensive 1996 report by the Women's 
        Rights Project of Human Rights Watch, sexual abuse of women 
        prisoners by correctional officers is a serious problem in our 
        Nation's prisons, jails, and correctional facilities.
            (2) Custodial sexual assault of women by correctional 
        officers includes documented incidents of vaginal, oral, and 
        anal rape.
            (3) Because correctional officers wield near absolute power 
        over female prisoners, officers may abuse that power to 
        sexually assault and abuse female prisoners, as well as engage 
        in constant groping, harassment, and other abuse.

SEC. 333. ESTABLISHMENT OF PREVENTION PROGRAM.

    (a) Program Guidelines.--
            (1) In general.--The Attorney General shall establish 
        guidelines for States and disseminate such information to the 
        States regarding the prevention of custodial sexual misconduct 
        by correctional staff.
            (2) Requirements.--Such guidelines shall include 
        requirements that--
                    (A) prohibit a State department of corrections from 
                hiring correctional staff who have been convicted on 
                criminal charges, or found liable in civil suits, for 
                custodial sexual misconduct; and
                    (B) each State department of corrections maintain 
                databases, including the names and identifying 
                information of individuals who have been convicted on 
                criminal charges or found liable in civil suits for 
                custodial sexual misconduct and to check these 
                databases prior to hiring any correctional staff.
            (3) National database.--This information shall also be 
        submitted to the Department of Justice where it will be 
        maintained and updated on a national database.
    (b) Release of Information.--The information collected under 
subsection (a)(2) shall be treated as private data except that--
            (1) such information may be disclosed to law enforcement 
        agencies for law enforcement purposes;
            (2) such information may be disclosed to government 
        agencies conducting confidential background checks; and
            (3) the designated State law enforcement agency and any 
        local law enforcement agency authorized by the State agency may 
        release relevant information that is necessary to protect 
        prisoners concerning a specific person whose name is included 
        in the database, except that the identity of a victim of an 
        offense that requires information to be maintained under this 
        section shall not be released.
    (c) Immunity for Good Faith Conduct.--Law enforcement agencies, 
employees of law enforcement agencies, and State officials shall be 
immune from criminal or civil liability for good faith conduct in 
releasing information under this section.
    (d) Ineligibility for Funds.--
            (1) In general.--A State that fails to implement the 
        program as described under this section shall not receive 10 
        percent of the funds that would otherwise be allocated to the 
        State under subtitle A of title II of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 13701).
            (2) Reallocation.--Any funds that are not allocated for 
        failure to comply with this section shall be reallocated to 
        States that comply with this section.
            (3) Compliance date.--Each State shall have not more than 3 
        years from the date of enactment of this Act in which to 
        implement this section, except that the Attorney General may 
        grant an additional 2 years to a State that is making good 
        faith efforts to implement this section.

SEC. 334. PROHIBITED SEXUAL CONDUCT BY CORRECTIONAL STAFF.

    (a) Reduction of Funds.--In addition to the reduction of funds 
under section 343(d), a State that does not have criminal penalties or 
a State that fails to implement criminal penalties explicitly 
prohibiting custodial sexual misconduct by correctional staff against 
prisoners shall not receive 10 percent of the funds that would 
otherwise be allocated to the State under part A of title II of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
13701).
    (b) Reallocation.--Any funds that are not allocated for failure to 
comply with this section shall be reallocated to States that comply 
with this section.
    (c) Compliance Date.--Each State shall have not more than 3 years 
from the date of enactment of this Act in which to implement this 
section, except that the Attorney General may grant an additional 2 
years to a State that is making good faith efforts to implement this 
section.

SEC. 335. NATIONAL SEXUAL CONTACT HOTLINE FOR PRISONERS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Attorney General shall create a national, 
confidential, toll-free telephone hotline to collect data and to 
provide information and assistance to prisoners who have experienced 
custodial sexual misconduct by corrections staff.
    (b) Activities.--Funds authorized under this section shall be 
utilized to establish and operate a national, confidential, toll-free 
sexual contact hotline. Such funds shall be used for activities, 
including--
            (1) contracting with a carrier for the use of a toll-free 
        telephone line;
            (2) employing, training, and supervising personnel to 
        answer incoming calls and provide counseling and referral 
        services to callers;
            (3) assembling, maintaining, and continually updating a 
        database of information and resources to which callers may be 
        referred throughout the United States;
            (4) publicizing the hotline to prisoners throughout the 
        United States; and
            (5) tracking of the number of reports, including the name 
        and location of the individual reporting the offender, and the 
        incident.
    (c) Reporting of Information.--Information regarding the number of 
reports and the status of those reports shall be included in the 
Attorney General's annual report to Congress.
    (d) Processing Reports.--Reports may be referred to the criminal 
section of the Civil Rights Division of the Department of Justice for 
investigation or for referral to the appropriate State agency for 
investigation.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $300,000 for fiscal year 1999 
and $100,000 for each of the fiscal years 2000, 2001, 2002, and 2003.

SEC. 336. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``correctional staff'' means any employee, 
        contractual employee, volunteer, or agent of a correctional 
        department who is working in any contact position with any 
        prisoners under the jurisdiction of that department; and
            (2) the term ``custodial sexual misconduct'' means any 
        physical contact, directly or through the clothing, with the 
        sexual or intimate parts of a person for the purpose of sexual 
        gratification of either party, when the--
                    (A) parties involved are a person in custody of a 
                correctional department and a member of the 
                correctional staff; or
                    (B) contact occurs under circumstances of coercion, 
                duress, or threat of force by a member of the 
                correctional staff.

                   Subtitle D--Hate Crimes Prevention

SEC. 341. SHORT TITLE.

    This Act may be cited as the ``Hate Crimes Prevention Act of 
1998''.

SEC. 342. FINDINGS.

    Congress finds that--
            (1) the incidence of violence motivated by the actual or 
        perceived race, color, national origin, religion, sexual 
        orientation, gender, or disability of the victim poses a 
        serious national problem;
            (2) such violence disrupts the tranquility and safety of 
        communities and is deeply divisive;
            (3) existing Federal law is inadequate to address this 
        problem;
            (4) such violence affects interstate commerce in many ways, 
        including--
                    (A) by impeding the movement of members of targeted 
                groups and forcing such members to move across State 
                lines to escape the incidence or risk of such violence; 
                and
                    (B) by preventing members of targeted groups from 
                purchasing goods and services, obtaining or sustaining 
                employment or participating in other commercial 
                activity;
            (5) perpetrators cross State lines to commit such violence;
            (6) instrumentalities of interstate commerce are used to 
        facilitate the commission of such violence;
            (7) such violence is committed using articles that have 
        traveled in interstate commerce;
            (8) violence motivated by bias that is a relic of slavery 
        can constitute badges and incidents of slavery;
            (9) although many local jurisdictions have attempted to 
        respond to the challenges posed by such violence, the problem 
        is sufficiently serious, widespread, and interstate in scope to 
        warrant Federal intervention to assist such jurisdictions; and
            (10) many States have no laws addressing violence based on 
        the actual or perceived race, color, national origin, religion, 
        sexual orientation, gender, or disability, of the victim, while 
        other States have laws that provide only limited protection.

SEC. 343. DEFINITION OF HATE CRIME.

    In this Act, the term ``hate crime'' has the same meaning as in 
section 280003(a) of the Violent Crime Control and Law Enforcement Act 
of 1994 (28 U.S.C. 994 note).

SEC. 344. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.

    Section 245 of title 18, United States Code, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) Whoever, whether or not acting under color of law, 
willfully causes bodily injury to any person or, through the use of 
fire, a firearm, or an explosive device, attempts to cause bodily 
injury to any person, because of the actual or perceived race, color, 
religion, or national origin of any person--
            ``(A) shall be imprisoned not more than 10 years, or fined 
        in accordance with this title, or both; or
            ``(B) shall be imprisoned for any term of years or for 
        life, or fined in accordance with this title, or both if--
                    ``(i) death results from the acts committed in 
                violation of this paragraph; or
                    ``(ii) the acts committed in violation of this 
                paragraph include kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or an attempt to commit 
                aggravated sexual abuse, or an attempt to kill.
    ``(2)(A) Whoever, whether or not acting under color of law, in any 
circumstance described in subparagraph (B), willfully causes bodily 
injury to any person or, through the use of fire, a firearm, or an 
explosive device, attempts to cause bodily injury to any person, 
because of the actual or perceived religion, gender, sexual 
orientation, or disability of any person--
            ``(i) shall be imprisoned not more than 10 years, or fined 
        in accordance with this title, or both; or
            ``(ii) shall be imprisoned for any term of years or for 
        life, or fined in accordance with this title, or both, if--
                    ``(I) death results from the acts committed in 
                violation of this paragraph; or
                    ``(II) the acts committed in violation of this 
                paragraph include kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or an attempt to commit 
                aggravated sexual abuse, or an attempt to kill.
    ``(B) For purposes of subparagraph (A), the circumstances described 
in this subparagraph are that--
            ``(i) in connection with the offense, the defendant or the 
        victim travels in interstate or foreign commerce, uses a 
        facility or instrumentality of interstate or foreign commerce, 
        or engages in any activity affecting interstate or foreign 
        commerce; or
            ``(ii) the offense is in or affects interstate or foreign 
        commerce.''.

SEC. 345. DUTIES OF FEDERAL SENTENCING COMMISSION.

    (a) Amendment of Federal Sentencing Guidelines.--Pursuant to its 
authority under section 994 of title 28, United States Code, the United 
States Sentencing Commission shall study the issue of adult recruitment 
of juveniles to commit hate crimes and shall, if appropriate, amend the 
Federal sentencing guidelines to provide sentencing enhancements (in 
addition to the sentencing enhancement provided for the use of a minor 
during the commission of an offense) for adult defendants who recruit 
juveniles to assist in the commission of hate crimes.
    (b) Consistency With Other Guidelines.--In carrying out this 
section, the United States Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishments for substantially the 
        same offense.

SEC. 346. GRANT PROGRAM.

    (a) Authority to Make Grants.--The Administrator of the Office of 
Juvenile Justice and Delinquency Prevention of the Department of 
Justice shall make grants, in accordance with such regulations as the 
Attorney General may prescribe, to State and local programs designed to 
combat hate crimes committed by juveniles.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 347. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND 
              LOCAL LAW ENFORCEMENT.

    There are authorized to be appropriated to the Department of the 
Treasury and the Department of Justice, including the Community 
Relations Service, for fiscal years 1999, 2000, 2001, 2002, and 2003 
such sums as are necessary to increase the number of personnel to 
prevent and respond to alleged violations of section 245 of title 18, 
United States Code (as amended by this Act).

SEC. 348. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

                 TITLE IV--DOMESTIC VIOLENCE PREVENTION

             Subtitle A--Domestic Violence Victims' Housing

SEC. 401. SHORT TITLE.

    This subtitle may be cited as the ``Domestic Violence Victims 
Housing Act''.

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    The budget authority under section 5(c) of the United States 
Housing Act of 1937 for assistance under subsections (b) and (o) of 
section 8 of such Act is authorized to be increased by $50,000,000 on 
or after October 1, 1997 and by such sums as may be necessary on or 
after October 1, 1998.

SEC. 403. USE OF AMOUNTS FOR HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC 
              VIOLENCE.

    (a) In General.--Amounts available pursuant to section 402 shall be 
made available by the Secretary of Housing and Urban Development only 
to public housing agencies and qualified nonprofit organizations only 
for use for providing tenant-based rental assistance on behalf of 
families victimized by domestic violence (as such term is defined in 
section 404 of this subtitle) who have left or are leaving a residence 
as a result of the domestic violence.
    (b) Determination.--For purposes of subsection (a), a family 
victimized by domestic violence shall be considered to have left or to 
be leaving a residence as a result of domestic violence if the public 
housing agency or qualified nonprofit organization providing rental 
assistance under this subtitle determines that the member of the family 
who was a victim of the domestic violence reasonably believes that 
relocation from such residence will assist in avoiding future domestic 
violence against such member or another member of the family.
    (c) Allocation.--Amounts made available pursuant to section 402 
shall be allocated by the Secretary on the basis of a national 
competition to the public housing agencies and qualified nonprofit 
organizations that submit applications to the Secretary that best 
demonstrate a need for such assistance, including the extent of service 
to underserved populations as defined in 42 U.S.C. 3796gg-2(7) as 
modified by title VI of this Act, and the ability to undertake and 
carry out a program under this subtitle, as the Secretary shall 
determine. At least 25 percent of the total grants awarded shall go to 
qualified nonprofit organizations.

SEC. 404. DEFINITIONS RELATING TO DOMESTIC VIOLENCE.

    For purposes of this subtitle, the following definitions shall 
apply:
            (1) Domestic violence.--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 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 
        jurisdiction, or by any other person against a victim who is 
        protected from that person's acts under the domestic or family 
        violence laws of the jurisdiction.
            (2) Family victimized by domestic violence.--
                    (A) In general.--The term ``family victimized by 
                domestic violence'' means a family or household that 
                includes an individual who has been determined under 
                subparagraph (B) to have been a victim of domestic 
                violence, but does not include any individual described 
                in paragraph (3) who committed the domestic violence. 
                The term includes any such family or household in which 
                only a minor or minors are the individual or 
                individuals who was or were a victim of domestic 
                violence only if such family or household also includes 
                a parent, stepparent, legal guardian, or other 
                responsible caretaker for the child.
                    (B) Determination that family or individual was a 
                victim of domestic violence.--For purposes of 
                subparagraph (A), a determination under this 
                subparagraph is a determination that domestic violence 
                has been committed, which is made by any agency or 
                official of a State or unit of general local government 
                (including a public housing agency) based upon--
                            (i) information provided by any medical, 
                        legal, counseling, or other clinic, shelter, 
                        sexual assault program, or other program or 
                        entity licensed, recognized, or authorized by 
                        the State or unit of general local government 
                        to provide services to victims of domestic 
                        violence or sexual assault;
                            (ii) information provided by any agency of 
                        the State, unit of general local government, or 
                        nonprofit nongovernmental organization that 
                        provides or administers the provision of 
                        social, medical, legal, or health services;
                            (iii) information provided by any clergy;
                            (iv) information provided by any hospital, 
                        clinic, medical facility, or doctor licensed or 
                        authorized by the State or unit of general 
                        local government to provide medical services;
                            (v) a petition or complaint filed in a 
                        court or law or documents or records of action 
                        of any court or law enforcement agency, 
                        including any record of any protection order, 
                        injunction, or temporary or final order issued 
                        by civil or criminal courts or any police 
                        report; or
                            (vi) any other reliable evidence that 
                        domestic violence has occurred. A victim's 
                        statement that domestic violence has occurred 
                        shall be sufficient unless the agency has an 
                        independent, reasonable basis to find the 
                        individual not credible.

SEC. 405. OTHER DEFINITIONS.

    For purposes of this subtitle, the following definitions shall 
apply:
            (1) Public housing agency.--The term ``public housing 
        agency'' has the meaning given the term in section 3(b) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (2) Qualified nonprofit organization.--The term ``qualified 
        nonprofit organization'' means a private organization that--
                    (A) is organized, or has as one of its primary 
                purposes, to provide shelter or transitional housing 
                for victims of domestic violence;
                    (B) is organized under State or local laws;
                    (C) has no part of its net earnings inuring to the 
                benefit of any member, shareholder, founder, 
                contributor, or individual;
                    (D) is approved by the Secretary as to financial 
                responsibility; and
                    (E) demonstrates experience in providing services 
                to victims of domestic violence.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (4) State.--The term ``State'' means the States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        Guam, the Virgin Islands, American Samoa, and any other 
        territory or possession of the United States.
            (5) Unit of general local government.--The term ``unit of 
        general local government'' has the meaning given the term in 
        section 102(a) of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5302(a)).

        Subtitle B--Full Faith and Credit for Protection Orders

SEC. 411. FULL FAITH AND CREDIT FOR PROTECTION ORDERS.

    (a) Section 2265 of title 18, United States Code, is amended by 
adding at the end the following:
    ``(d) Formula Grant Reduction for Noncompliance.--
            ``(1) Reduction.--The Attorney General shall reduce by 10 
        percent (for redistribution to other participating States that 
        comply with subsections (a) and (b)) the amount a State would 
        receive under subpart 1 of part E of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 if such State fails 
        to comply with the requirements of subsections (a), (b), and 
        (c).
            ``(2) Effective date.--The Attorney General may begin to 
        reduce funds described in paragraph (1) on the first day of 
        each fiscal year succeeding the first fiscal year beginning 
        after the date of the enactment of this subsection.
    ``(e) Registration.--Nothing in this section shall require prior 
filing or registration of a protection order in the enforcing State in 
order to secure enforcement pursuant to subsection (a). Nothing in this 
section shall permit a State to notify the party against whom the order 
has been made that a protection order has been registered and/or filed 
in that State.''
    ``(f) Notice.--Nothing in this section shall require notification 
of the party against whom the order was made in order to secure 
enforcement by a law enforcement officer pursuant to subsection (a).''.
    (b) Definitions.--Section 2266 of title 18, United States Code, is 
amended--
            (1) by inserting ``issued pursuant to State divorce and 
        child custody codes'' after ``custody orders''; and
            (2) by adding ``Custody and visitation provisions in 
        protection orders are subject to the mandates of this 
        chapter.'' after ``seeking protection.''.
    (b) Compliance--Full Faith and Credit.--Within 180 days, the 
Attorney General shall issue regulations to determine whether a State 
is in compliance with 18 U.S.C. 2265(a), (b), and (c), taking into 
account the following factors:
            (1) The State's documented good faith efforts to ensure 
        compliance by judicial, law enforcement, and other State 
        officials, including the extent and nature of any training 
        programs, outreach, and other activities.
            (2) The degree to which any case of noncompliance by a 
        State official represents an isolated incident, rather than a 
        pattern of nonenforcement.
            (3) Any barriers to compliance presented by outdated 
        technology, recordkeeping problems, or similar issues, and the 
        State's documented good faith efforts to removing those 
        barriers.

SEC. 412. GRANT PROGRAM.

    (a) In General.--The Attorney General may provide grants to assist 
States, Indian tribal governments, and units of local government to 
develop and strengthen effective law enforcement and recordkeeping 
strategies to assist States, Indian tribal governments, and units of 
local government to enforce protective orders issued by other States, 
Indian tribal governments, or units of local government.
    (b) Uses of Funds.--
            (1) In general.--Grants under this section shall provide 
        training and enhanced technology compatible with existing law 
        enforcement systems including the National Crime Information 
        Center to enforce protection orders.
            (2) Uses of funds.--Funds received under this section may 
        be used to train law enforcement, prosecutors, court personnel, 
        victim service providers, and others responsible for the 
        enforcement of protection orders, and to develop, install, or 
        expand data collection and communication systems, including 
        computerized systems, linking police, prosecutors, and courts 
        for the purpose of identifying and tracking protection orders 
        and violations of protection orders and training.
    (c) Authorization of Appropriations.--There are authorized to carry 
out this section, $5,000,000 for each of fiscal years 1999, 2000, 2001, 
2002, and 2003.

           Subtitle C--Victims of Abuse Insurance Protection

SEC. 421. SHORT TITLE.

    This subtitle may be cited as the ``Victims of Abuse Insurance 
Protection Act''.

SEC. 422. DEFINITIONS.

    As used in this subtitle:
            (1) The term ``abuse'' means the occurrence of one or more 
        of the following acts by a current or former household or 
        family member, intimate partner, or caretaker:
                    (A) Attempting to cause or causing another person 
                bodily injury, physical harm, substantial emotional 
                distress, psychological trauma, rape, sexual assault, 
                or involuntary sexual intercourse.
                    (B) Engaging in a course of conduct or repeatedly 
                committing acts toward another person, including 
                following the person without proper authority and under 
                circumstances that place the person in reasonable fear 
                of bodily injury or physical harm.
                    (C) Subjecting another person to false imprisonment 
                or kidnapping.
                    (D) Attempting to cause or causing damage to 
                property so as to intimidate or attempt to control the 
                behavior of another person.
            (2) The term ``abuse-related medical condition'' means a 
        medical condition which arises in whole or in part out of an 
        action or pattern of abuse.
            (3) The term ``abuse status'' means the fact or perception 
        that a person is, has been, or may be a subject of abuse, 
        irrespective of whether the person has sustained abuse-related 
        medical conditions or has incurred abuse-related claims.
            (4) The term ``health benefit plan'' means any public or 
        private entity or program that provides for payments for health 
        care, including--
                    (A) a group health plan (as defined in section 607 
                of the Employee Retirement Income Security Act of 1974 
                (29 U.S.C. 1167)) or a multiple employer welfare 
                arrangement (as defined in section 3(40) of such Act 
                (29 U.S.C. 1102(40)) that provides health benefits;
                    (B) any other health insurance arrangement, 
                including any arrangement consisting of a hospital or 
                medical expense incurred policy or certificate, 
                hospital or medical service plan contract, or health 
                maintenance organization subscriber contract;
                    (C) workers' compensation or similar insurance to 
                the extent that it relates to workers' compensation 
                medical benefits (as defined by the Federal Trade 
                Commission); and
                    (D) automobile medical insurance to the extent that 
                it relates to medical benefits (as defined by the 
                Federal Trade Commission).
            (5) The term ``health carrier'' means a person that 
        contracts or offers to contract on a risk-assuming basis to 
        provide, deliver, arrange for, pay for or reimburse any of the 
        cost of health care services, including a sickness and accident 
        insurance company, a health maintenance organization, a 
        nonprofit hospital and health service corporation or any other 
        entity providing a plan of health insurance, health benefits or 
        health services.
            (6) The term ``insured'' means a party named on a policy, 
        certificate, or health benefit plan, including an individual, 
        corporation, partnership, association, unincorporated 
        organization or any similar entity, as the person with legal 
        rights to the benefits provided by the policy, certificate, or 
        health benefit plan. For group insurance, such term includes a 
        person who is a beneficiary covered by a group policy, 
        certificate, or health benefit plan. For life insurance, the 
        term refers to the person whose life is covered under an 
        insurance policy.
            (7) The term ``insurer'' means any person, reciprocal 
        exchange, interinsurer, Lloyds insurer, fraternal benefit 
        society, or other legal entity engaged in the business of 
        insurance, including agents, brokers, adjusters, and third 
        party administrators. The term also includes health carriers, 
        health benefit plans, and life, disability, and property and 
        casualty insurers.
            (8) The term ``policy'' means a contract of insurance, 
        certificate, indemnity, suretyship, or annuity issued, proposed 
        for issuance or intended for issuance by an insurer, including 
        endorsements or riders to an insurance policy or contract.
            (9) The term ``subject of abuse'' means a person against 
        whom an act of abuse has been directed, a person who has prior 
        or current injuries, illnesses, or disorders that resulted from 
        abuse, or a person who seeks, may have sought, or had reason to 
        seek medical or psychological treatment for abuse, protection, 
        court-ordered protection, or shelter from abuse.

SEC. 423. DISCRIMINATORY ACTS PROHIBITED.

    (a) No insurer may, directly or indirectly, engage in any of the 
following acts or practices on the basis that the applicant or insured, 
or any person employed by the applicant or insured or with whom the 
applicant or insured is known to have a relationship or association, 
is, has been, or may be the subject of abuse or has incurred or may 
incur abuse-related claims:
            (1) Denying, refusing to issue, renew or reissue, or 
        canceling or otherwise terminating an insurance policy or 
        health benefit plan.
            (2) Restricting, excluding, or limiting insurance coverage 
        for losses or denying a claim, except as otherwise permitted or 
        required by State laws relating to life insurance 
        beneficiaries.
            (3) Adding a premium differential to any insurance policy 
        or health benefit plan.
    (b) No insurer may, directly or indirectly, deny or limit payment 
of a claim incurred by an innocent insured as a result of abuse.
    (c) No insurer or health carrier may terminate health coverage for 
a subject of abuse because coverage was originally issued in the name 
of the abuser and the abuser has divorced, separated from, or lost 
custody of the subject of abuse or the abuser's coverage has terminated 
voluntarily or involuntarily and the subject of abuse does not qualify 
for extension of coverage under part 6 of subtitle B of title I or the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et 
seq.) or 4980B of the Internal Revenue Code of 1986. Nothing in this 
paragraph prohibits the insurer from requiring the subject of abuse to 
pay the full premium for the subject's coverage under the health plan 
if the requirements are applied to all insureds of the health carrier. 
The insurer may terminate group coverage after the continuation 
coverage required by this paragraph has been in force for 18 months if 
it offers conversion to an equivalent individual plan. The continuation 
of health coverage required by this paragraph shall be satisfied by any 
extension of coverage under part 6 of subtitle B of title I or the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et 
seq.) or 4980B of the Internal Revenue Code of 1986 provided to a 
subject of abuse and is not intended to be in addition to any extension 
of coverage provided under part 6 of subtitle B of title I or the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et 
seq.) or 4980B of the Internal Revenue Code of 1986.
    (d) Use of Information.--
            (1) In order to protect the safety and privacy of subjects 
        of abuse, no person employed by or contracting with an insurer 
        or health benefit plan may use, disclose, or transfer 
        information relating to abuse status, acts of abuse, abuse-
        related medical conditions or the applicant's or insured's 
        status as a family member, employer, or associate, person in a 
        relationship with a subject of abuse for any purpose unrelated 
        to the direct provision of health care services unless such 
        use, disclosure, or transfer is required by an order of an 
        entity with authority to regulate insurance or an order of a 
        court of competent jurisdiction. In addition, such a person may 
        not disclose or transfer information relating to an applicant's 
        or insured's location or telephone number or the location and 
        telephone number of a shelter for subjects of abuse except 
        where such disclosure or transfer is required in order to 
        provide insurance coverage, provided such disclosure or 
        transfer does not have the potential to endanger the safety of 
        a subject of abuse. Nothing in this paragraph shall be 
        construed as limiting or precluding a subject of abuse from 
        obtaining the subject's own insurance records from an insurer.
            (2) Authority of subject of abuse.--A subject of abuse, at 
        the absolute discretion of the subject of abuse, may provide 
        evidence of abuse to an insurer for the limited purpose of 
        facilitating treatment of an abuse-related condition or 
        demonstrating that a condition is abuse-related. Nothing in 
        this paragraph shall be construed as authorizing an insurer or 
        health carrier to disregard such provided evidence.

SEC. 424. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.

    Insurers shall develop and adhere to written policies specifying 
procedures to be followed by employees, contractors, producers, agents 
and brokers for the purpose of protecting the safety and privacy of a 
subject of abuse and otherwise implementing the provisions of this 
subtitle when taking an application, investigating a claim, or taking 
any other action relating to a policy or claim involving a subject of 
abuse.

SEC. 425. REASONS FOR ADVERSE ACTIONS.

    An insurer that takes an action that adversely affects a subject of 
abuse, shall advise the subject of abuse applicant or insured of the 
specific reasons for the action in writing. Reference to general 
underwriting practices or guidelines does not constitute a specific 
reason.

SEC. 426. LIFE INSURANCE.

    Nothing in this subtitle shall be construed to prohibit a life 
insurer from declining to issue a life insurance policy if the 
applicant or prospective owner of the policy is or would be designated 
as a beneficiary of the policy, and if--
            (1) the applicant or prospective owner of the policy lacks 
        an insurable interest in the insured; or
            (2) the applicant or prospective owner of the policy is 
        known, on the basis of police or court records, to have 
        committed an act of abuse against the proposed insured.

SEC. 427. SUBROGATION WITHOUT CONSENT PROHIBITED.

    Subrogation of claims resulting from abuse is prohibited without 
the informed consent of the subject of abuse.

SEC. 428. ENFORCEMENT.

    (a) Federal Trade Commission.--The Federal Trade Commission shall 
have the power to examine and investigate any insurer to determine 
whether such insurer has been or is engaged in any act or practice 
prohibited by this subtitle. If the Federal Trade Commission determines 
an insurer has been or is engaged in any act or practice prohibited by 
this subtitle, the Commission may take action against such insurer by 
the issuance of a cease and desist order as if the insurer was in 
violation of section 5 of the Federal Trade Commission Act. Such cease 
and desist order may include any individual relief warranted under the 
circumstances, including temporary, preliminary, and permanent 
injunctive and compensatory relief.
    (b) Private Cause of Action.--An applicant or insured who believes 
that the applicant or insured has been adversely affected by an act or 
practice of an insurer in violation of this subtitle may maintain an 
action against the insurer in a Federal or State court of original 
jurisdiction. Upon proof of such conduct by a preponderance of the 
evidence, the court may award appropriate relief, including temporary, 
preliminary, and permanent injunctive relief and compensatory and 
punitive damages, as well as the costs of suit and reasonable fees for 
the aggrieved individual's attorneys and expert witnesses. With respect 
to compensatory damages, the aggrieved individual may elect, at any 
time prior to the rendering of final judgment, to recover in lieu of 
actual damages, an award of statutory damages in the amount of $5,000 
for each violation.

SEC. 429. EFFECTIVE DATE.

    This subtitle shall apply with respect to any action taken on or 
after the date of the enactment of this Act, except that section 424 
shall only apply to actions taken after the expiration of 60 days after 
such date.

           Subtitle D--National Summit on Sports and Violence

SEC. 431. SENSE OF THE CONGRESS THAT A NATIONAL SUMMIT OF SPORTS, 
              POLITICAL, COMMUNITY, AND MEDIA LEADERS SHOULD BE 
              PROMPTLY CONVENED TO DEVELOP A MULTIFACETED ACTION PLAN 
              TO DETER ACTS OF VIOLENCE, ESPECIALLY DOMESTIC VIOLENCE 
              AND SEXUAL ASSAULT.

    (a) Findings.--
            (1) Involvement in sports commonly places individuals in a 
        unique context of competition that provides an opportunity to 
        teach, learn, and hone qualities of responsible citizenship, 
        including values that promote self-respect and respect for 
        others, and deter acts of violence, especially domestic 
        violence and sexual assault.
            (2) Professional and amateur athletes and sports coaches 
        are role models with great national influence and have helped 
        to positively shape the lives of countless individuals.
            (3) Professional and amateur athletes, and sports coaches, 
        administrators, volunteers, and team owners have participated 
        in a variety of outstanding and valuable community service 
        projects throughout the Nation.
            (4) Many professional and amateur sports organizations have 
        instituted educational programs and other measures to deter and 
        sanction misconduct, including abuse of legal and illegal 
        drugs, illegal gambling, discriminatory practices, and other 
        unethical behavior.
            (5) Acts of domestic violence and sexual assault are 
        serious, indefensible crimes.
            (6) Acts of domestic violence and sexual assault committed 
        by athletes are often not taken seriously and go unpunished, 
        sending an insidious and harmful message that this behavior is 
        excusable and is not criminal.
            (7) Most athletes do not commit acts of domestic violence 
        or sexual assault and these athletes, as role models, can have 
        a profound impact in deterring others from committing acts of 
        domestic violence and sexual assault.
            (8) There exists a Citizenship Through Sports Alliance that 
        is made up of the National Collegiate Athletic Association, the 
        National Junior College Athletic Association, the National 
        Association of Intercollegiate Athletics, the National 
        Federation of State High School Associations, the United States 
Olympic Committee, Major League Baseball, the National Football League, 
the National Basketball Association, and the National Hockey League.
            (9) The Congress supports the existing activities of the 
        Citizenship Through Sports Alliance and its member 
        organizations and encourages a broader array of efforts to 
        promote responsible citizenship by teaching administrators, 
        coaches, and athletes values that will help all who participate 
        in our Nation's sports culture to become better citizens.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) a national summit should be promptly convened to 
        develop a multifaceted action plan to deter acts of violence, 
        especially domestic violence and sexual assault;
            (2) the members of the national summit referred to in 
        paragraph (1) should include--
                    (A) sports, community, political, and media 
                leaders;
                    (B) individuals with experience in youth advocacy;
                    (C) individuals with experience in antiviolence 
                advocacy;
                    (D) members of the Citizenship Through Sports 
                Alliance;
                    (E) Members of Congress; and
                    (F) other governmental and community leaders with 
                specific expertise in education, services, and advocacy 
                programs that serve to deter acts of violence, 
                specifically national, State, and local domestic 
                violence and sexual assault coalitions and programs;
            (3) the action plan referred to in paragraph (1) should--
                    (A) be designed to encourage the participation of 
                all administrators, coaches, and athletes, from those 
                involved in youth leagues to those who are involved in 
                professional sports;
                    (B) emphasize and promote values such as self-
                respect and respect for others, tolerance, non-
                discrimination, and gender equality as well as 
                teamwork, discipline, responsibility, and commitment;
                    (C) encourage and promote participation in sports 
                as a positive character building activity;
                    (D) promote a sports culture that encourages 
                integrity, honesty, fairness, inclusion, tolerance, 
                nonviolence, and a commitment to excellence; and
                    (E) include a high-profile public education program 
                and media campaign to deter acts of violence, 
                especially domestic violence and sexual assault; and
            (4) the members of the national summit referred to in 
        paragraph (1), and other sports, community, political and media 
        leaders should assume leadership roles deterring acts of 
        domestic violence and sexual assault and should support the 
        measures developed by the national summit referred to in 
        paragraph (1).

         Subtitle E--Keeping Firearms From Intoxicated Persons

SEC. 441. PROHIBITION AGAINST TRANSFER OF A FIREARM TO, AND POSSESSION 
              OF A FIREARM BY, A PERSON WHO IS INTOXICATED.

    (a) Transfer Prohibition.--Section 922(d) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) is intoxicated.''.
    (b) Possession Prohibition.--Section 922(g) of such title is 
amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by inserting ``or'' at the end of paragraph (9); and
            (3) by inserting after paragraph (9) the following:
            ``(10) who is intoxicated,''.
    (c) Statement Required by the Brady Law.--Section 922(s)(3)(B) of 
such title is amended--
            (1) by striking ``and'' at the end of clause (vii);
            (2) by inserting ``and'' at the end of clause (viii); and
            (3) by inserting after clause (viii) the following:
            ``(ix) is not intoxicated;''.
    (d) Intoxicated Defined.--Section 921(a) of such title is amended 
by adding at the end the following:
    ``(34) The term `intoxicated' means, with respect to a person, that 
the mental or physical condition of the person is sufficiently 
impaired, as a result of the presence in the person's body of alcohol, 
a drug, or another substance, to be prohibited by the law of the State 
in which the person is located from operating a motor vehicle in the 
State.''.

               Subtitle F--Access to Safety and Advocacy

SEC. 451. SHORT TITLE.

    This subtitle may be cited as the ``Access to Safety and Advocacy 
Act''.

SEC. 452. PURPOSE.

    The purpose of this subtitle is to enhance safety and justice for 
victims of domestic violence in every State, jurisdiction under 
military or Federal control, tribal land, territory, or commonwealth, 
through access to the justice system and improved legal advocacy and 
representation.

SEC. 453. GRANTS TO IMPROVE ACCESS TO THE JUSTICE SYSTEM.

    (a) Eligible Grantees.--Eligible grantees are--
            (1) domestic violence programs;
            (2) State, tribal, and local bar associations;
            (3) law school clinical programs;
            (4) nonprofit legal services;
            (5) court-based pro se programs;
            (6) bar association or domestic violence legal information 
        and referral services or hotlines;
            (7) State coalitions of domestic violence programs; and
            (8) tribes and tribally recognized organizations.
    (b) Eligible Services.--Activities funded under this subtitle shall 
be designed to further the health, safety, and economic needs of 
victims of domestic violence through legal assistance for victims of 
domestic violence in any civil action, administrative proceeding, 
criminal cases where the defendant advances a claim of duress or 
defense of self or other or in clemency proceedings. Activities funded 
under this subtitle shall include legal assistance on behalf of--
            (1) low-income and indigent persons; or
            (2) persons who have inadequate access to sufficient 
        financial resources to secure appropriate legal assistance.
    (c) Grant Authority.--The Attorney General may make grants for the 
following purposes:
            (1) To enhance the availability and quality of legal 
        assistance to victims of domestic violence through efforts 
        directed at stopping the violence, enhancing victim safety, 
        assuring economic protection and well-being or protecting child 
        victims of domestic violence.
            (2) To encourage the development of partnerships between 
        domestic violence programs and the full spectrum of legal 
        representation and advocacy programs, including the following: 
        private practitioners, Government and public sector lawyers, 
        direct legal services programs, bar associations, legal 
        hotlines, and clinical law school initiatives.
            (3) To increase the participation of the private bar in pro 
        bono or low-cost representation of and assistance to victims of 
        domestic violence.
            (4) To improve judicial and administrative handling of pro 
        se cases involving victims of domestic violence.
            (5) To enhance the availability and quality of legal 
        representation through increasing programs on domestic violence 
        in law schools and in continuing professional education 
        programs.

SEC. 454. APPLICATION.

    (a) Requirements.--Eligible grantees must--
            (1) for entities described in section 453(a)(2) through 
        (6), include documentation of an ongoing partnership and 
        working relationship with a domestic violence program;
            (2) demonstrate a history of providing direct legal or 
        advocacy services in a manner that is accountable to the 
        community served; and
            (3) certify that--
                    (A) any person providing legal assistance through a 
                program funded under this subtitle has completed 
                training on domestic violence law and practice;
                    (B) any training programs conducted in satisfaction 
                of the requirement of section 455(a)(3)(A) be developed 
                with input from and in collaboration with a domestic 
                violence program;
                    (C) the grantee's organizational policies do not 
                require or encourage mediation in cases where domestic 
                violence is a significant issue; and
                    (D) any person providing legal assistance through a 
                program funded under this subtitle has informed any 
                State domestic violence coalitions of their work and 
                participates in any statewide networking among legal 
                assistance providers to victims of domestic violence.

SEC. 455. FUNDING.

    (a) Allocation of Funds.--Of the total amounts appropriated under 
this subtitle in any fiscal year, at least 45 percent shall be 
allocated to projects that provide direct representation to victims of 
domestic violence, through staff, volunteers or partnerships, 
particularly for cases including custody and visitation, protection 
order, support, housing and divorce matters, and other actions 
undertaken to achieve or preserve victim safety. At least 5 percent of 
the funds appropriated under this subtitle shall be used for grants to 
tribes and tribal organizations, including tribal courts and bar 
associations. No more than 15 percent of the funds appropriated under 
this subtitle shall be awarded to technical assistance and training 
initiatives. No more than 5 percent of the funds appropriated under 
this subtitle shall be awarded to evaluation. No more than 5 percent of 
the funds appropriated under this subtitle shall be utilized for the 
costs of administration.
    (b) Funding Levels.--There are authorized to be appropriated for 
grants under this subtitle $19,000,000 for fiscal 1999, $27,000,000 for 
fiscal 2000, $35,000,000 for fiscal 2001, $44,000,000 for fiscal 2002, 
and $57,000,000 for fiscal 2003.
    (c) Matching Requirements.--Applicants shall be required to 
identify an actual or in-kind match for any proposed award under this 
subtitle of no more than 20 percent. Other Federal funding may not be 
allocated as match.
    (d) Nonsupplantation.--Federal funds received under this subtitle 
shall be used to supplement, not supplant, other Federal and non-
Federal funds that would otherwise be available for expenditures on 
activities described in this part. Moneys disbursed under this subtitle 
must be used to fund new projects or to expand or enhance existing 
projects.
    (e) Discrimination.--Activities funded under this subtitle shall be 
conducted pursuant to any applicable Federal, State, or local law 
governing discrimination on the basis of race, national origin, 
religion, age, gender, sexual orientation, or disability, and shall be 
subject to section 307(a)(2) of the Family Violence Prevention and 
Services Act. Entities funded under this subtitle shall not be 
restricted from providing services because of the immigration status or 
sexual orientation of the person seeking services.

SEC. 456. PROVISION OF TECHNICAL ASSISTANCE AND TRAINING.

    The Attorney General may provide technical assistance and training 
in furtherance of the purposes of this subtitle. The technical 
assistance and training authorized by this section may be carried out 
directly by the Attorney General or through contracts or other 
arrangements with entities, and may include consultation and problem 
solving, the development of training programs, materials, and 
information on domestic violence law and practice, the identification 
of promising practices, development of databases, developing 
partnerships, and creating multidisciplinary, community-based 
approaches.

SEC. 457. EVALUATION OF ACCESS TO SAFETY AND ADVOCACY GRANTS.

    The Attorney General may evaluate the grants funded under this 
subtitle through contracts or other arrangements with entities expert 
on domestic violence and evaluation research.

SEC. 458. DEFINITIONS.

    In this subtitle the following definitions apply:
            (1) Domestic violence.--The term ``domestic violence'' 
        includes acts or threats of violence, and stalking, 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 cohabiting with or 
        has cohabited 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.
            (2) Domestic violence program.--The term ``domestic 
        violence program'' means a nonprofit organization, the primary 
        purpose of which is to provide advocacy on behalf of and 
        comprehensive services to victims of domestic violence, 
        including some combination of the following: crisis hotlines, 
        shelter or safe homes, transitional housing, task forces or 
        coordinating councils, food assistance, counseling, systems 
        advocacy, transportation, safety planning, information and 
        referral, and legal assistance.
            (3) Law school program.--The term ``law school program'' 
        means an internship, externship, clinic, or other legal 
        representation program or initiative located at an accredited 
        school of law which has as its primary purpose the provision of 
        legal representation, information, or assistance to victims of 
        domestic violence directed at stopping the violence, enhancing 
        the victim safety, assuring economic protection and well-being, 
        or protecting child victims of domestic violence.
            (4) Legal assistance.--The term ``legal assistance'' 
        includes--
                    (A) direct representation of and assistance to 
                victims of domestic violence from intake through 
                adjudication, enforcement, and appeal, in any civil 
                action, administrative proceeding, criminal cases where 
                the defendant advances a claim of duress or a defense 
                of self or other or in clemency proceedings; to include 
                representation from intake through adjudication, 
                enforcement and appeal directed at stopping the 
                violence, enhancing victim safety, assuring economic 
                protection and well-being, or protecting child victims 
                of domestic violence; and
                    (B) legal advocacy, including issue identification, 
                safety planning, evaluating options, policy analysis, 
                representation enhancement, outreach activities, 
                accompaniment, information, directories and referral, 
                monitoring the civil and criminal justice process, and 
                coordination among legal, social, and health care 
                systems, offered by personnel of domestic violence 
                programs, which is directed at stopping the violence, 
                enhancing victim safety, assuring economic protection 
                and well-being or protecting child victims of domestic 
                violence.
            (5) Nonprofit direct legal services.--The term ``nonprofit 
        direct legal services'' means a nonprofit legal organization 
        which has as its primary purpose the provision of legal 
        assistance to persons on a no-cost, sliding scale, deferred 
        payment, or fixed fee basis on civil or criminal legal matters 
        and which provides specialized representation to victims of 
        domestic violence directed at stopping the violence, enhancing 
        victim safety, assuring economic protection and well-being or 
        protecting child victims of domestic violence.
            (6) Pro bono program.--The term ``pro bono program'' means 
        a program affiliated with a State, tribal, or local court, bar 
        association, nonprofit direct legal services organization, or a 
        domestic violence program that offers no-cost representation, 
        legal educational programs, or information and referral 
        services to victims of domestic violence directed at stopping 
        the violence, enhancing victim safety, assuring economic 
        protection and well-being, or protecting child victims of 
        domestic violence.
            (7) Pro se program.--The term ``pro se program'' means a 
        program based in the State, tribal, or local courts, in 
nonprofit direct legal services organizations, or in domestic violence 
programs to assist victims of domestic violence--
                    (A) in preparation and filing of court pleadings, 
                forms, memos, proposed orders, and related documents, 
                in effecting service, and in representation of 
                themselves in any civil or administrative matters or 
                proceedings directed at stopping the violence, 
                enhancing victim safety, assuring economic protection 
                and well-being, or protecting child victims of domestic 
                violence;
                    (B) to develop comprehensive safety plans; and
                    (C) to offer information and referral services.
            (8) State, tribal, or local bar association.--The term 
        ``State, tribal, or local bar association'' means a State, 
        tribal, or local association of attorneys of a specified 
        geographic area whose members are licensed to practice in the 
        jurisdiction(s) and that offers information, referral, or pro 
        bono legal services to victims of domestic violence directed at 
        stopping the violence, enhancing victim safety, achieving 
        economic justice, or protecting child victims of domestic 
        violence.
            (9) Tribal organization.--The term ``tribal organization'' 
        means a tribally chartered organization or a nonprofit 
        organization operating within the boundaries of an Indian 
        reservation whose governing body reflects the populations 
        served.
            (10) State coalition of domestic violence programs.--The 
        term ``State coalition of domestic violence programs'' means a 
        statewide membership organization of domestic violence programs 
        that, among other activities, provides training and technical 
        assistance to domestic violence programs within the State, 
        commonwealth, territory, or lands under military, Federal, or 
        tribal authority.

Subtitle G--Federal Witness Protection for Victims of Domestic Violence

SEC. 461. WITNESS PROTECTION.

    (a) Generally.--Section 3521(a)(1) of title 18, United States Code, 
is amended by inserting ``or of a victim of an offense set forth in 
chapter 110A of this title directed at victims of domestic violence or 
a similar State offense,'' after ``other serious offense,''.
    (b) Other Actions.--Section 3521(b)(1) of title 18, United States 
Code, is amended by inserting ``or a victim of domestic violence,'' 
after ``potential witness,''.

         TITLE V--VIOLENCE AGAINST WOMEN IN THE MILITARY SYSTEM

  Subtitle A--Civilian Jurisdiction for Crimes of Sexual Assault and 
                           Domestic Violence

SEC. 501. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY 
              PERSONS ACCOMPANYING THE ARMED FORCES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 211 the following new chapter:

``CHAPTER 212--DOMESTIC VIOLENCE AND SEXUAL ASSAULT OFFENSES COMMITTED 
                       OUTSIDE THE UNITED STATES

``Sec.
``3261. Domestic violence and sexual assault offenses committed by 
                            persons formerly serving with, or presently 
                            employed by or accompanying, the Armed 
                            Forces outside the United States.
``3262. Delivery to authorities of foreign countries.
``3263. Regulations.
``3264. Definitions for chapter.
``Sec. 3261. Domestic violence and sexual assault offenses committed by 
              persons formerly serving with, or presently employed by 
              or accompanying, the Armed Forces outside the United 
              States
    ``(a) In General.--Whoever, while serving with, employed by, or 
accompanying the Armed Forces outside of the United States, engages in 
conduct that would constitute a misdemeanor or felony domestic violence 
or sexual assault offense, if the conduct had been engaged in within 
the special maritime and territorial jurisdiction of the United States, 
shall be subject to prosecution in the Federal District Court of the 
jurisdiction of origin.
    ``(b) Concurrent Jurisdiction.--Nothing contained in this chapter 
deprives courts-martial, military commissions, provost courts, or other 
military tribunals of concurrent jurisdiction with respect to offenders 
or offenses that by statute or by the law of war may be tried by 
courts-martial, military commissions, provost courts, or other military 
tribunals.
    ``(c) Action by Foreign Government.--No prosecution may be 
commenced under this section if a foreign government, in accordance 
with jurisdiction recognized by the United States, has prosecuted or is 
prosecuting such person for the conduct constituting such offense, 
except upon the approval of the Attorney General of the United States 
or the Deputy Attorney General of the United States (or a person acting 
in either such capacity), which function of approval shall not be 
delegated.
    ``(d) Arrests.--
            ``(1) Law enforcement personnel.--The Secretary of Defense 
        may designate and authorize any person serving in a law 
        enforcement position in the Department of Defense to arrest 
        outside of the United States any person described in subsection 
        (a) if there is probable cause to believe that such person 
        engaged in conduct which constitutes a criminal offense under 
        subsection (a).
            ``(2) Release to civilian law enforcement.--A person 
        arrested under paragraph (1) shall be released to the custody 
        of civilian law enforcement authorities of the United States 
        for removal to the United States for judicial proceedings in 
        the Federal district court of the named jurisdiction of origin 
        of the person arrested in relation to conduct referred to in 
        such paragraph unless--
                    ``(A) such person is delivered to authorities of a 
                foreign country under section 3262; or
                    ``(B) such person has had charges brought against 
                him or her under chapter 47 of title 10 for such 
                conduct.
``Sec. 3262. Delivery to authorities of foreign countries
    ``(a) In General.--Any person designated and authorized under 
section 3261(d) may deliver a person described in section 3261(a) to 
the appropriate authorities of a foreign country in which the person is 
alleged to have engaged in conduct described in subsection (a) if--
            ``(1) the appropriate authorities of that country request 
        the delivery of the person to such country for trial for such 
        conduct as an offense under the laws of that country; and
            ``(2) the delivery of such person to that country is 
        authorized by a treaty or other international agreement to 
        which the United States is a party.
    ``(b) Determination by the Secretary.--The Secretary of Defense 
shall determine which officials of a foreign country constitute 
appropriate authorities for purposes of this section.
``Sec. 3263. Regulations
    ``The Secretary of Defense shall issue regulations governing the 
apprehension, detention, and removal of persons under this chapter. 
Such regulations shall be uniform throughout the Department of Defense.
``Sec. 3264. Definitions for chapter
    ``As used in this chapter--
            ``(1) the term `Armed Forces' has the same meaning as in 
        section 101(a)(4) of title 10;
            ``(2) a person is `employed by the Armed Forces outside of 
        the United States' if the person--
                    ``(A) is employed as a civilian employee of the 
                Department of Defense, as a Department of Defense 
                contractor, or as an employee of a Department of 
                Defense contractor;
                    ``(B) is present or residing outside of the United 
                States in connection with such employment; and
                    ``(C) is not a national of the host nation; and
            ``(3) a person is `accompanying the Armed Forces outside of 
        the United States' if the person--
                    ``(A) is a dependent of a member of the armed 
                forces;
                    ``(B) is a dependent of a civilian employee of the 
                Department of Defense;
                    ``(C) is residing with the member or civilian 
                employee outside of the United States; and
                    ``(D) is not a national of the host nation.''
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part II of title 18, United States Code, is amended by inserting after 
the item relating to chapter 211 the following:

``212. Domestic Violence and Sexual Assault Offenses            3261''.
                            Committed Outside the United 
                            States.

SEC. 502. RECORDS OF MILITARY JUSTICE ACTIONS.

    (a) In General.--Chapter 59 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1178. Military justice information and DNA specimens: 
              transmission to Director of Federal Bureau of 
              Investigation upon member's separation
    ``(a) Records of Military Justice Actions.--Whenever a member of 
the armed forces is discharged from a period of service in the armed 
forces or is released from a period of active duty, the Secretary of 
the military department concerned shall transmit to the Director of the 
Federal Bureau of Investigation a copy of records of any penal action 
taken against the member during that period under chapter 47 of this 
title (the Uniform Code of Military Justice).
    ``(b) DNA Specimens of Persons Convicted of Sexual Offenses.--(1) 
Any member of the armed forces who is convicted by a court-martial of 
an offense of a sexual nature shall, before being separated from the 
member's armed force, provide to the Secretary of the military 
department concerned a sample of blood, saliva, or other specimen 
collected from that member necessary to conduct DNA analysis consistent 
with established procedures for DNA testing by the Director of the 
Federal Bureau of Investigation.
    ``(2) The Secretary concerned shall transmit each sample provided 
under paragraph (1) in a timely manner to the Director of the Federal 
Bureau of Investigation for inclusion in the Combined DNA 
Identification System (CODIS) of the Federal Bureau of 
Investigation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1178. Military justice information and DNA specimens: transmission to 
                            Director of Federal Bureau of Investigation 
                            upon member's separation.''.

   Subtitle B--Transitional Compensation and Health Care for Abused 
               Dependents of Members of the Armed Forces

SEC. 511. TRANSITIONAL COMPENSATION.

    Section 1059 of title 10, United States Code, is amended--
            (1) in subsection (e)(1)(A), by inserting ``that includes 
        dependent-abuse as an underlying or principal factor'' after 
        ``for a dependent-abuse offense'';
            (2) in subsection (e)(1)(B), by inserting ``underlying, 
        partial, or principal'' before ``basis''; and
            (3) in subsection (g)(2), by striking ``the Secretary may 
        not resume such payments'' and inserting ``the Secretary may 
        resume such payments if the Secretary determines that there was 
        ongoing abuse. Any such determination as to such a resumption 
        of payments shall be reviewed by the Secretary on a case-by-
        case basis.''.

SEC. 512. HEALTH BENEFITS.

    Paragraph (1) of section 1076(e) of title 10, United States Code, 
is amended to read as follows:
            ``(1) The administering Secretary shall furnish an abused 
        dependent of a former member of a uniformed service described 
        in paragraph (4), during that period that the abused dependent 
        is in receipt of transitional compensation under section 1059 
        of this title, with medical and dental care, including mental 
        health services, in facilities of the uniformed services in 
        accordance with the same eligibility and benefits as were 
        applicable for that abused dependent during the period of 
        active service of the former member.''.

     TITLE VI--PREVENTING VIOLENCE AGAINST WOMEN IN TRADITIONALLY 
                        UNDERSERVED COMMUNITIES

           Subtitle A--Older Women's Protection From Violence

SEC. 601. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Older Women's 
Protection From Violence Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 601. Short title; table of contents.
Sec. 602. Findings.
             Chapter 1--Violence Against Women Act of 1994

Sec. 603. Elder abuse, neglect, and exploitation.
         Chapter 2--Family Violence Prevention and Services Act

Sec. 604-1. Definitions.
Sec. 604-2. Domestic violence services for older individuals.
Sec. 604-3. Demonstration grants for community initiatives.
                 Chapter 3--Older Americans Act of 1965

Sec. 605-1. Definitions.
Sec. 605-2. Research about the sexual abuse of women who are older 
                            individuals.
Sec. 605-3. State Long-Term Care Ombudsman program.
Sec. 605-4. Training for health professionals on screening for elder 
                            abuse, neglect, and exploitation.
Sec. 605-5. Domestic violence shelters and programs for older 
                            individuals.
Sec. 605-6. Authorization of appropriations.
Sec. 605-7. Community initiatives and outreach.
                  Chapter 4--Public Health Service Act

Sec. 606-1. Short title.
Sec. 606-2. Establishment, for certain health professions programs, of 
                            provisions regarding identification and 
                            referral for elder abuse and neglect.

SEC. 602. FINDINGS.

    Congress finds that--
            (1) of the more than 1,000,000 persons age 65 and over who 
        are victims of abuse each year, at least two-thirds are women;
            (2) the number of reports of elder abuse in the United 
        States increased by 94 percent between 1986 and 1991 and is 
        expected to continue growing;
            (3) it is estimated that at least 5 percent of the Nation's 
        elderly are victims of moderate to severe abuse and that the 
        rate for all forms of abuse may be as high as 10 percent;
            (4) elder abuse is severely underreported, with 1 in 5 
        cases being reported in 1980 and 1 in 8 cases being reported 
        today;
            (5) elder abuse takes on many forms, including physical 
        abuse, sexual abuse, psychological (emotional) abuse, neglect 
        (intended or unintended), and financial exploitation;
            (6) many older persons, particularly women and minorities, 
        fail to report abuse because of shame or as a result of prior 
        unsatisfactory experiences with police, district attorneys, 
        clergy, social workers, or others who lacked sensitivity to the 
        concerns or needs of older people;
            (7) many older persons fail to report abuse because they 
        are dependent on their abusers and fear being abandoned or 
        institutionalized;
            (8) public and professional awareness and identification of 
        elder abuse is difficult because many older persons are not 
        tied into social networks (such as schools or jobs), and may 
        become isolated in their homes, which can increase the risk of 
        elder abuse;
            (9) the Department of Justice does not include age as a 
        category for criminal statistics reporting;
            (10) there are relatively few statistics and research 
        studies regarding violence against older women; and
            (11) older persons critically need activities that develop, 
        strengthen, and carry out actions for the prevention of abuse, 
        including neglect and exploitation, and provide related 
        assistance for victims.

             CHAPTER 1--VIOLENCE AGAINST WOMEN ACT OF 1994

SEC. 603. ELDER ABUSE, NEGLECT, AND EXPLOITATION.

    The Violence Against Women Act of 1994 (108 Stat. 1902) is amended 
by adding at the end the following:

    ``Subtitle H--Elder Abuse, Neglect, and Exploitation, Including 
     Domestic Violence and Sexual Assault Against Older Individuals

``SEC. 40801. DEFINITIONS.

    ``In this subtitle:
            ``(1) In general.--The terms `elder abuse, neglect, and 
        exploitation', `domestic violence', and `older individual' have 
        the meanings given the terms in section 102 of the Older 
        Americans Act of 1965 (42 U.S.C. 3002).
            ``(2) Sexual assault.--The term `sexual assault' has the 
        meaning given the term in section 2003 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).

``SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS ON ELDER ABUSE, NEGLECT, AND 
              EXPLOITATION.

    ``The Attorney General shall make grants to law school clinical 
programs for the purposes of funding the inclusion of cases addressing 
issues of elder abuse, neglect, and exploitation, including domestic 
violence, and sexual assault, against older individuals.

``SEC. 40803. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS.

    ``The Attorney General shall develop curricula and offer, or 
provide for the offering of, training programs to assist law 
enforcement officers and prosecutors in recognizing, addressing, 
investigating, and prosecuting instances of elder abuse, neglect, and 
exploitation, including domestic violence, and sexual assault, against 
older individuals.

``SEC. 40804. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as may be 
necessary to carry out this subtitle.''.

         CHAPTER 2--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

SEC. 604-1. DEFINITIONS.

    Section 309 of the Family Violence Prevention and Services Act (42 
U.S.C. 10408) is amended by adding at the end the following:
            ``(7) The term `older individual' has the meaning given the 
        term in section 102 of the Older Americans Act of 1965.''.

SEC. 604-2. DOMESTIC VIOLENCE SERVICES FOR OLDER INDIVIDUALS.

    Section 311(a) of the Family Violence Prevention and Services Act 
(42 U.S.C. 10410(a)) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) work with domestic violence programs to encourage the 
        development of programs targeted to older individuals, 
        including outreach, support groups, and counseling.''.

SEC. 604-3. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

    Section 318(b)(2)(F) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10418(b)(2)(F)) is amended by inserting ``and adult 
protective services entities'' before the semicolon.

                 CHAPTER 3--OLDER AMERICANS ACT OF 1965

SEC. 605-1. DEFINITIONS.

    Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is 
amended by adding at the end the following:
            ``(45) 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 related by blood or marriage to the victim, by a person 
        who is cohabiting with or has cohabited with the victim, by a 
        person with whom the victim shares a child in common, 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 of the victim, 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.
            ``(46) The term `sexual assault' has the meaning given the 
        term in section 2003 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796gg-2).''.

SEC. 605-2. RESEARCH ABOUT THE SEXUAL ASSAULT OF WOMEN WHO ARE OLDER 
              INDIVIDUALS.

    Section 202(d)(3)(C) of the Older Americans Act of 1965 (42 U.S.C. 
3012(d)(3)(C)) is amended--
            (1) by striking ``and'' at the end of clause (i);
            (2) by striking the period at the end of clause (ii) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(iii) in establishing research priorities under clause 
        (i), consider the importance of research about the sexual 
        assault of women who are older individuals.''.

SEC. 605-3. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.

    Section 303(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 
3023(a)(1)) is amended by inserting before the period the following: 
``, except that for grants to carry out section 321(a)(10), there are 
authorized to be appropriated such sums as may be necessary without 
fiscal year limitation''.

SEC. 605-4. TRAINING FOR HEALTH PROFESSIONALS ON SCREENING FOR ELDER 
              ABUSE, NEGLECT, AND EXPLOITATION.

    Section 411 of the Older Americans Act of 1965 (42 U.S.C. 3031) is 
amended by adding at the end the following:
    ``(f)(1) The Secretary shall, in consultation with the Assistant 
Secretary, develop curricula and implement continuing education 
training programs for protective service workers, health care 
providers, social workers, clergy, and other community-based social 
service providers in settings, including senior centers, adult day care 
settings, and senior housing, to improve their ability to recognize and 
address instances of elder abuse, neglect, and exploitation, including 
domestic violence, and sexual assault, against older individuals.
    ``(2) In carrying out paragraph (1), the Secretary shall develop 
and implement separate curricula and training programs for adult 
protective services workers, medical students, physicians, physician 
assistants, nurse practitioners, nurses, and clergy.''.

SEC. 605-5. DOMESTIC VIOLENCE SHELTERS AND PROGRAMS FOR OLDER 
              INDIVIDUALS.

    Section 422(b) of the Older Americans Act of 1965 (42 U.S.C. 
3035a(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(13) expand access to domestic violence shelters and 
        programs for older individuals and encourage the use of senior 
        housing, nursing homes, or other suitable facilities or 
        services when appropriate as emergency short-term shelters or 
        measures for older individuals who are the victims of elder 
        abuse, including domestic violence, and sexual assault, against 
        older individuals; and
            ``(14) promote research on legal, organizational, or 
        training impediments to providing services to older individuals 
        through shelters, such as impediments to provision of the 
        services in coordination with delivery of health care or senior 
        services.''.

SEC. 605-6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Ombudsman Program.--Section 702(a) of the Older Americans Act 
of 1965 (42 U.S.C. 3058a(a)) is amended to read as follows:
    ``(a) Ombudsman Program.--There are authorized to be appropriated 
to carry out chapter 2 such sums as may be necessary without fiscal 
year limitation.''.
    (b) Elder Abuse Prevention Program.--Section 702(b) of the Older 
Americans Act of 1965 (42 U.S.C. 3058a(b)) is amended to read as 
follows:
    ``(b) Prevention of Elder Abuse, Neglect, and Exploitation.--There 
are authorized to be appropriated to carry out chapter 3 such sums as 
may be necessary without fiscal year limitation.''.

SEC. 605-7. COMMUNITY INITIATIVES AND OUTREACH.

    Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et 
seq.) is amended--
            (1) by redesignating subtitle C as subtitle D;
            (2) by redesignating sections 761 through 764 as sections 
        771 through 774, respectively; and
            (3) by inserting after subtitle B the following:

            ``Subtitle C--Community Initiatives and Outreach

``SEC. 761. COMMUNITY INITIATIVES TO COMBAT ELDER ABUSE, NEGLECT, AND 
              EXPLOITATION.

    ``The Secretary shall make grants to nonprofit private 
organizations to support projects in local communities, involving 
diverse sectors of each community, to coordinate activities concerning 
intervention in and prevention of elder abuse, neglect, and 
exploitation, including domestic violence, and sexual assault, against 
older individuals.

``SEC. 762. OUTREACH TO OLDER INDIVIDUALS.

    ``The Secretary shall make grants to develop and implement outreach 
programs directed toward assisting older individuals who are victims of 
elder abuse, neglect, and exploitation (including domestic violence, 
and sexual assault, against older individuals), including programs 
directed toward assisting the individuals in senior housing complexes 
and senior centers.

``SEC. 763. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subtitle such sums as may be necessary without fiscal year 
limitation.''.

                  CHAPTER 4--PUBLIC HEALTH SERVICE ACT

SEC. 606-1. SHORT TITLE.

    This title may be cited as the ``Elder Abuse Identification and 
Referral Act of 1998''.

SEC. 606-2. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF 
              PROVISIONS REGARDING IDENTIFICATION AND REFERRAL FOR 
              ELDER ABUSE AND NEGLECT.

    (a) Title VII Programs; Preferences in Financial Awards.--Section 
791 of the Public Health Service Act (42 U.S.C. 295j), as amended in 
title VIII of this Act, is amended by redesignating subsection (d) as 
subsection (e) and by inserting after subsection (c) the following 
subsection:
    ``(d) Preferences Regarding Training in Identification and Referral 
of Victims of Elder Abuse and Neglect.--
            ``(1) In general.--In the case of a health professions 
        entity specified in paragraph (2), the Secretary 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 involved) that has in effect the 
        requirement that, as a condition of receiving a degree or 
        certificate (as applicable) from the entity, each student have 
        had significant training (such as training conducted in 
        accordance with curricula or programs authorized under section 
        411(f) of the Older Americans Act of 1965 (42 U.S.C. 3031(f))), 
        in carrying out the following functions as a provider of health 
        care:
                    ``(A) Identifying victims of elder abuse and 
                neglect, including domestic violence, and sexual 
                assault, against older individuals, and maintaining 
                complete medical records that include documentation 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 discipline, 
                training, and practice, including, at a minimum, 
                providing medical advice regarding the dynamics and 
                nature of elder abuse and neglect.
                    ``(C) Referring the victims to public and nonprofit 
                private entities that provide services for such 
                victims.
            ``(2) Relevant health professions entities.--For purposes 
        of paragraph (1), a health professions entity specified in this 
        paragraph is any entity that is a school of medicine, a school 
        of osteopathic medicine, a graduate program in mental health 
        practice, a school of nursing (as defined in section 298b), a 
        program for the training of physician assistants, or a program 
        for the training of allied health professionals.
            ``(3) Report to congress.--Not later than 2 years after the 
        date of the enactment of the Elder Abuse Identification and 
        Referral Act of 1998, 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--
                    ``(A) the health professions entities that are 
                receiving preference under paragraph (1);
                    ``(B) the number of hours of training required by 
                the entities for purposes of such paragraph;
                    ``(C) the extent of clinical experience so 
                required; and
                    ``(D) the types of courses through which the 
                training is being provided.
            ``(4) Definitions.--In this subsection:
                    ``(A) In general.--The terms `abuse', `neglect', 
                `domestic violence', and `older individual' have the 
                meanings given the terms in section 102 of the Older 
                Americans Act of 1965 (42 U.S.C. 3002).
                    ``(B) Elder abuse and neglect.--The term `elder 
                abuse and neglect' means abuse and neglect of an older 
                individual.
                    ``(C) Sexual assault.--The term `sexual assault' 
                has the meaning given the term in section 2003 of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (42 
                U.S.C. 3796gg-2).''.
    (b) Title VIII Programs; Preferences in Financial Awards.--Section 
860 of the Public Health Service Act (42 U.S.C. 298b-7) as amended by 
title VIII of this Act is amended by adding at the end the following:
    ``(g) Preferences Regarding Training in Identification and Referral 
of Victims of Elder Abuse and Neglect.--
            ``(1) In general.--In the case of a health professions 
        entity specified in paragraph (2), the Secretary 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 involved) that has in effect the 
        requirement that, as a condition of receiving a degree or 
        certificate (as applicable) from the entity, each student have 
        had significant training (such as training conducted in 
        accordance with curricula or programs authorized under section 
        411(g) of the Older Americans Act of 1965 (42 U.S.C. 3031(f))), 
        in carrying out the following functions as a provider of health 
        care:
                    ``(A) Identifying victims of elder abuse and 
                neglect, including domestic violence, and sexual 
                assault, against older individuals, and maintaining 
                complete medical records that include documentation 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 discipline, 
                training, and practice, including, at a minimum, 
                providing medical advice regarding the dynamics and 
                nature of elder abuse and neglect.
                    ``(C) Referring the victims to public and nonprofit 
                private entities that provide services for such 
                victims.
            ``(2) Relevant health professions entities.--For purposes 
        of paragraph (1), a health professions entity specified in this 
        paragraph is any entity 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 Elder Abuse Identification and 
        Referral Act of 1998, 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--
                    ``(A) the health professions entities that are 
                receiving preference under paragraph (1);
                    ``(B) the number of hours of training required by 
                the entities for purposes of such paragraph;
                    ``(C) the extent of clinical experience so 
                required; and
                    ``(D) the types of courses through which the 
                training is being provided.
            ``(4) Definitions.--In this subsection:
                    ``(A) In general.--The terms `abuse', `neglect', 
                `domestic violence', and `older individual' have the 
                meanings given the terms in section 102 of the Older 
                Americans Act of 1965 (42 U.S.C. 3002).
                    ``(B) Elder abuse and neglect.--The term `elder 
                abuse and neglect' means abuse and neglect of an older 
                individual.
                    ``(C) Sexual assault.--The term `sexual assault' 
                has the meaning given the term in section 2003 of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (42 
                U.S.C. 3796gg-2).''.
    (c) Conforming Amendment.--Section 411(f) of the Older Americans 
Act of 1965 (as added by section 605-4) is amended by adding at the end 
the following:
    ``(3) In carrying out paragraph (1), the Secretary shall provide 
information about the curricula and training programs to entities 
described in sections 791(c)(2) and 860(f)(2) of the Public Health 
Service Act (42 U.S.C. 295j(c)(2) and 298b-7(f)(2)) that seek grants or 
contracts under title VII or VIII of such Act.''.

   Subtitle B--Protection Against Violence and Abuse for Women With 
                              Disabilities

SEC. 611. SHORT TITLE.

    This subtitle may be cited as the ``Protections Against Violence 
and Abuse for Women With Disabilities Act''.

SEC. 612. FINDINGS.

    The Congress finds that--
            (1) women with disabilities are more likely to be the 
        victims of abuse and violence than women without disabilities 
        because of their increased physical, economic, social, or 
        psychological dependence on others;
            (2) in domestic violence cases, women with disabilities 
        stay with their batterers almost twice as long as women without 
        disabilities;
            (3) violence and abuse against women with disabilities 
        takes many forms, including verbal abuse, physical abuse, 
        sexual assault, forced isolation, control over economic 
        resources, and the withholding of equipment, medication, 
        transportation, or personal care assistance;
            (4) many women with disabilities fail to report abuse 
        because they are dependent on their abusers and fear being 
        abandoned or institutionalized;
            (5) many women with disabilities are unable to leave abuse 
        or violent spouses or cohabitants because of the 
        inaccessibility of services or the fear of abandoning dependent 
        children; and
            (6) law enforcement, the criminal justice system, legal 
        services, and victim services are often not equipped or trained 
        to effectively identify and respond to abuse or violence 
        against women with disabilities.

SEC. 613. OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.

    Section 2001(b) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg(b)) is amended in paragraph (5) by striking 
``and domestic violence;'' and inserting ``, domestic violence, and the 
forms of violence and abuse particularly suffered by women with 
disabilities;''.

SEC. 614. PUBLIC HEALTH AND HUMAN SERVICES ACT.

    Section 1910A(5) of the Public Health and Human Services Act (42 
U.S.C. 300w-10(a)(5)) is amended by striking the period at the end of 
paragraph (5) and inserting ``, and among persons with disabilities.''.

SEC. 615. FAMILY VIOLENCE PREVENTION AND SERVICES ACT.

    Section 318(b)(2) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10418(b)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (G);
            (2) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (G) the following new 
        subparagraph:
                    ``(H) groups that provide services to or advocate 
                on behalf of persons with disabilities; and''.

SEC. 616. VIOLENCE AGAINST WOMEN ACT.

    (a) Section 40291(a) of the Safe Homes for Women Act of 1994 (42 
U.S.C. 13961(a)) is amended--
            (1) by inserting ``and toward persons with disabilities,'' 
        after ``language minority communities''; and
            (2) by inserting ``, as defined in section 2003(7) of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2(7))'' after ``needs of underserved populations''.
    (b) Section 40412 of the Equal Justice for Women in the Courts Act 
of 1994 (42 U.S.C. 13992) is amended--
            (1) in paragraph (6), by inserting ``, stereotyping of 
        persons with disabilities who are victims of rape, sexual 
        assault, abuse, or violence'' after ``racial stereotyping of 
        rape victims'';
            (2) in paragraph (13), by inserting ``or among persons with 
        disabilities,'' after ``socioeconomic groups,'';
            (3) by striking ``and'' at the end of paragraph (21) (as 
        amended by title I of this Act);
            (4) by striking the period at the end of paragraph (22) (as 
        amended by title I of this Act); and
            (5) by inserting after paragraph (22) the following:
            ``(23) issues related to violence and abuse against persons 
        with disabilities, including the nature of physical, mental, 
        and communications disabilities; the special vulnerability to 
        violence of persons with disabilities; and the types of 
        violence and abuse experienced by persons with disabilities;
            ``(24) the requirements placed on courts and judges under 
        existing disability laws, including the requirements to provide 
        appropriate auxiliary aids and services and to ensure physical 
        access; and
            ``(25) the stereotypes regarding the fitness of persons 
        with disabilities to retain custody of children, especially in 
        domestic violence cases.''.

SEC. 617. TRAINING PROGRAMS FOR SOCIAL SERVICE AND HEALTH PROVIDERS.

    (a) The Secretary of Health and Human Services may develop 
curricula and implement training and continuing education programs for 
protective services workers, health providers, social workers, clergy, 
independent living center case workers, and other community-based 
disability-related service providers to improve their ability to 
recognize and address instances of domestic violence directed against 
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.

SEC. 618. TRAINING FOR HEALTH PROFESSIONALS ON SCREENING FOR ABUSE OF 
              WOMEN WITH DISABILITIES.

    (a) The Secretary of Health and Human Services may make grants and 
enter into contracts to establish and carry out the training of health 
professionals, including physicians, nurses, physician assistants, and 
nurse practitioners, to ensure they will receive training in screening 
for abuse of women with disabilities and instruction in appropriate 
actions when cases of abuse are identified.
    (b) There are authorized to be appropriated to be used to award 
grants under this section $10,000,000 for each of fiscal years 1999, 
2000, 2001, 2002, and 2003.

SEC. 619. RESEARCH ABOUT SEXUAL ABUSE AND VIOLENCE AGAINST WOMEN WITH 
              DISABILITIES.

    In establishing research priorities under title IX of this Act, the 
Secretary shall consider the importance of research about the sexual 
assault of, and violence against, women with disabilities.

SEC. 619-1. GRANTS FOR TECHNICAL ASSISTANCE.

    (a) The Attorney General may establish a grants program for States 
and nongovernmental private entities to provide education and technical 
assistance for the purpose of distributing information on abuse and 
violence against women with disabilities. Information shall be 
distributed to independent living centers, disability-related service 
organizations, 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 services 
        organizations under the Americans with Disabilities 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 characteristics 
        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 Immigrant Women's 
Protection Act''.

SEC. 622. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (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 abusers and frees them to cooperate with law 
        enforcement and prosecutors in criminal cases brought against 
        their abusers and the abusers of their children; and
            (3) there are several groups of battered immigrant women 
        and children who do not have access to VAWA's immigration 
        protections, which means that their abusers are virtually 
        immune from prosecution 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 persons who 
        commit acts of battery or extreme cruelty against immigrant 
        women and children;
            (2) to offer protection against domestic violence occurring 
        in family and intimate relationships that are covered in State 
        protection order, domestic violence, 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 violence victim who is seeking protection from crimes of 
domestic 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 Nationality Act is 
amended to read as follows:
            ``(2) Special rule for battered spouse or child.--
                    ``(A) In general.--The Attorney General may cancel 
                removal of, and adjust to the status of an alien 
                lawfully admitted for permanent residence, an alien who 
                is inadmissible or deportable from the United States if 
                the alien demonstrates that--
                            ``(i) the alien has been battered or 
                        subjected to extreme cruelty in the United 
                        States by a spouse, parent, son, or daughter 
                        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 nonimmigrant 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 permanent resident (or 
                        is the parent of a child of a lawful permanent 
                        resident and the child has been battered or 
                        subjected to extreme cruelty in the United 
                        States by such permanent resident parent), or 
                        by a United 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 permanent 
                        resident's bigamy, or by a nonimmigrant visa 
                        holder;
                            ``(ii) the alien has been physically 
                        present in the United States for a continuous 
                        period of not less than 3 years immediately 
                        preceding the date of such application; the 
                        issuance of a charging document for removal 
                        proceedings shall not toll the 3-year period of 
                        continuous physical presence 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 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 evidence 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 enactment 
        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 determinations.--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 has been battered 
                or subjected 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 duress from the person who 
                battered or subjected the alien to extreme cruelty, or 
                to a domestic 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 paragraph, the Attorney General 
                may enter a finding of `good moral character' despite 
                the existence of a disqualifying criminal act or a 
                criminal conviction.
            ``(C) Inclusion of other aliens in petition.--An alien 
        applying for relief under section 244(a)(3) (as in effect 
        before the enactment of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996) or this paragraph may 
        include alien children, sons, or daughters in their 
        applications and the Attorney General may adjust the status of 
        the alien's children, sons, daughters, or in the case of an 
        application filed by an alien child, parent.''.
    (b) Section 240A(d)(2) of the Immigration and Nationality Act is 
amended to read as follows:
            ``(2) An alien shall be considered to have failed to 
        maintain continuous physical presence in the 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 provisions of this section 
        for humanitarian purposes.''.
    (c) Section 244(a)(3) of the Immigration and Nationality 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 section, 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 subjected 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 subjected the alien to 
                extreme cruelty, or who was convicted of or pled guilty 
                to a domestic violence-related crime if the Attorney 
                General determines 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 section, 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 a criminal 
                conviction.''.
    (d) Section 240A(b)(2) of the Immigration and Nationality Act is 
amended--
            (1) by inserting ``and the alien's children, sons, or 
        daughters if the alien'' after ``alien lawfully admitted for 
        permanent residence, an alien'';
            (2) by striking ``who'' before ``is inadmissible or 
        deportable''; and
            (3) by inserting ``and'' before ``if the alien demonstrates 
        that--''.
    (e)(1) Section 244(a)(3) of the Immigration and Nationality Act (as 
in effect before the enactment of the Illegal 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 extreme cruelty in the 
United States by such citizen or permanent resident parent)''.
    (2) Section 244(a)(3) of the Immigration and Nationality 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 inserting ``son or daughter''.
    (f) Section 244(a)(3) of the Immigration and Nationality 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 Nationality 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 
determine 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 humanitarian purposes, to assure family 
unity or when it is otherwise in the public interest.''.
    (h) 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)) 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 Illegal 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 deportation 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 
                                deportation proceedings prior to April 
                                1, 1997, and who applied for suspension 
                                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 enactment 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 RECEIVE VISAS AND 
              EXCLUDED FROM ADMISSION.

    (a) Section 212(a)(9)(A)(iii) of the Immigration and Nationality 
Act is amended by adding at the end the following:
``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 section 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 substituted for `unlawful entry 
into the United States' in subclause (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 Immigration 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 Immigration 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 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''.
    (f) Section 212(a)(4) of the Immigration and Nationality Act is 
amended by adding at the end the following new subparagraph:
                    ``(E) Exception.--Subparagraph (A) shall not apply 
                to--
                            ``(i) an alien who qualifies for status as 
                        a spouse, parent, or child of a United States 
                        citizen or lawful permanent resident pursuant 
                        to clause (iii), (iv), or (v) of section 
                        204(a)(1)(A) or clause (ii) or (iii) of section 
                        204(a)(1)(B);
                            ``(ii) an alien who qualifies for status as 
                        the spouse, parent, or child of a United States 
                        citizen or lawful permanent resident under 
                        section 204(a)(1)(A)(i) or (ii) or section 
                        204(a)(1)(B)(i) and who has been battered or 
                        subjected to extreme cruelty shall be exempted 
                        from the provisions of this paragraph, as shall 
                        derivative children included in the alien's 
                        application `of an alien lawfully admitted for 
                        permanent residence'; or
                            ``(iii) derivatives of aliens under clause 
                        (i) or (ii) of this subparagraph.''.
    (g) Section 212(a)(9)(C)(ii) of the Immigration and Nationality Act 
is amended by inserting ``to an alien described in paragraph 
(6)(A)(ii)(I) and (II), or'' after ``clause (i) shall not apply''.
    (h) Section 212(i) of the Immigration and Nationality Act is 
amended--
            (1) in paragraph (1), by inserting before the period at the 
        end the following: ``or in the case of an alien granted status 
        under section 204(a)(1)(A)(iii), (iv), or (v) or classification 
        under section 204(a)(1)(B)(ii) or (iii), the alien demonstrates 
        extreme hardship to the alien or the alien's United States 
        citizen or lawful permanent resident parent, child, son, or 
        daughter''; and
            (2) by adding at the end the following:
    ``(3) The Attorney General may also waive the application of clause 
(ii) of subsection (a)(6)(C) in the case of an alien who qualifies for 
status under clause (iii), (iv), or (v) of section 204(a)(1)(A) or 
classification under clause (ii) or (iii) of section 204(a)(1)(B), for 
humanitarian purposes, to assure family unity or when it is otherwise 
in the public interest.''.
    (i) Section 212(a)(6)(G) of the Immigration and Nationality Act is 
amended by adding immediately before the period at the end the 
following:
``, unless the nonimmigrant qualifies for relief because of battering 
or extreme cruelty under section 204(a)(1)(A)(iii), (iv), or (v), 
204(a)(1)(B)(ii) or (iii), or section 240A(b)(2)''.
    (j) Section 212(g) of the Immigration and Nationality Act is 
amended by adding at the end the following new paragraph:
            ``(4) subsection (a)(1)(A)(iv) in the case of any alien 
        granted status under section 204(a)(1)(A)(iii), (iv), or (v) or 
        classification under section 204(a)(1)(B)(ii) or (iii) when the 
        alien demonstrates a substantial connection between the 
        battering or extreme cruelty and use of alcohol or illicit 
        substances.''
    (k)(1) Section 212(h)(1)(B) of the Immigration and Nationality Act 
is amended by deleting ``and'' at the end and replacing it with ``or''.
    (2) Section 212(h)(1) of the Immigration and Nationality Act is 
amended by adding the following new subparagraph after subparagraph 
(B):
                    ``(C) In the case of an alien who qualifies for 
                status under clause (iii), (iv), or (v) of section 
                204(a)(1)(A) or classification under clause (ii) or 
                (iii) of section 204(a)(1)(B) if it is established to 
                the satisfaction of the Attorney General that the 
                alien's denial of admissibility would result in extreme 
                hardship to the alien or the alien's United States 
                citizen or lawful permanent resident parent, child, 
                son, or daughter''.
    (3) Section 212(h) of the Immigration and Nationality 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 subsection (a)(2) in the case of an alien 
        granted status under section 204(a)(1)(A)(iii), (iv), or (v) 
        and section 204(a)(1)(B)(ii) or (iii) for humanitarian 
        purposes, 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:
                                    ``(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 
                                extreme cruelty.''.

SEC. 625. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

    (a) Section 204(a)(1)(A) of the Immigration and Nationality Act is 
amended by adding at the end the following 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 
                        prostitution, or committed or who was convicted 
                        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 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 cruelty 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 existence of a 
                        disqualifying criminal act or criminal 
                        conviction.''.
    (b) Section 204(a)(1)(B) of the Immigration and Nationality Act is 
amended by adding at the end the following 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 committed or was convicted 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 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 cruelty 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 conviction.''.
    (c) Section 204(a)(1)(A) of the Immigration and Nationality Act is 
amended by adding at the end the following 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 categorization of the 
                        eligible self-petitioning spouse or children as 
                        an immediate relative.''.
    (d) Section 204(a)(1)(B) of the Immigration and Nationality Act is 
amended by adding at the end the following 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 status 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 resident 
                        spouse or parent becoming a United States 
                        citizen through naturalization, acquisition 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 
                        automatically reclassified as a petition filed 
                        under section 204(a)(1)(A) of this Act even if 
                        the reclassification occurs after divorce.''.
    (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 
                                legally married to the citizen;
                                    ``(II) who is a person of good 
                                moral character;
                                    ``(III) who is eligible to be 
                                classified as an immediate relative 
                                under section 201(b)(2)(A)(i) or who 
                                would have been so classified but for 
                                the actions of the United States 
                                citizen with 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 General 
                        under this subparagraph for classification 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 permanent 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 
                        intended spouse.''.
    (f) Section 204(a)(1)(A) of the Immigration and Nationality Act is 
further amended--
            (1) by inserting ``(or if the alien's spouse is a member of 
        the United States Armed Forces 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 (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 Nationality 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 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 Nationality Act is 
amended--
            (1) by inserting ``(or if the alien's spouse is a member of 
        the United States Armed Forces 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 (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 Nationality Act is 
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 (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 Nationality Act is 
amended by adding at the end the following:
                            ``(v) An alien who is the parent of a 
                        citizen of the United States, who is a person 
                        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 Attorney 
                        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 consulate abroad) under this 
                        subparagraph for classification of the alien 
                        under such section if the alien demonstrates to 
                        the Attorney 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 section 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 immigration status 
as an immediate relative under section 201(b)(2)(A)(i),''.
    (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 section 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 immigration 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 inserting ``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 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 Nationality Act is 
amended by inserting at the end the following new clause:
                            ``(iii) The Attorney General may, upon 
                        determination that the alien was acting 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 convicted of 
                        committing a crime under duress from the person 
                        who subjected the alien to battering or extreme 
                        cruelty or for humanitarian 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 determines has engaged in 
conduct that violates'' and inserting ``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:
                            ``(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 
                        available) and who are participating in or have 
                        successfully completed a State certified 
                        batterers treatment program. Aliens convicted 
                        under clause (i) or (ii) for whom the Attorney 
                        General waives deportability shall again become 
                        deportable if they cease making court ordered 
                        child support payments or fail to comply with 
                        the terms of or fail to complete the certified 
                        batterers treatment program.''.

SEC. 627. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON 
              ADMITTED FOR PERMANENT RESIDENCE.

    (a) Section 245(d) of the Immigration and Nationality Act is 
amended by adding at the end the following:
``(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 Nationality 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 Nationality 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 Nationality Act is 
amended by inserting ``, or 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)),'' after ``section 1151(b) of 
this title)''.
    (e) Section 245(c)(5) of the Immigration and Nationality Act is 
amended by adding before the semicolon at the end ``(other than 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))''.
    (f) Section 245(c)(8) of the Immigration and Nationality Act is 
amended by adding before the semicolon at the end ``(other than 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))''. The amendments made in these sections 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 Nationality 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 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)).''.

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 because 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 living 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 of the Illegal Immigration Reform and Immigrant 
Responsibility 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 following 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 obtain documentation in the form of official or 
        public records or copies thereof contained in the immigration 
        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 
        determination, 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 Responsibility 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 parent's family residing in the same household as the alien 
and the spouse or parent consented to, or acquiesced in, such battery 
or cruelty,'' and 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 parents received a 
protection order, or by any individual against whom the alien could 
obtain a protection order,''.
    (2) Section 501(c)(1)(B) of the Personal Responsibility 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 status 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 Responsibility 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 participation 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 consented or acquiesced to such 
battery or cruelty,'' and inserting ``by a spouse, parent, son or 
daughter of the alien (without the active participation of the alien in 
the battering 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 resides, or the State or 
Indian country in which the alien, the alien's child or the alien 
child's parent received a protection order, or by any 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.--Paragraph (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 restrictions 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 Opportunity Reconciliation Act of 1986 
(8 U.S.C. 1641(c)) and shall not apply to any child included in the 
alien's application for lawful immigration status. No private, 
government or non-profit organization providing shelter or services to 
battered women or abused children receiving any Federal funds shall 
deny assistance to applicants based on alienage.''.
    (2) Section 411A of the Social Security Act (42 U.S.C. 611a) is 
amended by adding at the end ``Collection or information about and 
inquiries into the immigration status of a parent who is a United 
States citizen, lawful permanent resident or qualified alien child is 
applying for benefits shall not be made if the parent presents credible 
evidence of battering or extreme cruelty whether or not the parent is 
deemed to be part of the assistance unit and State or Federal law.''.
    (3) Section 1631(e)(9) of the Social Security Act (42 U.S.C. 
1383(e)(9)) is amended by adding at the end ``Collection or information 
about and inquiries into the immigration status of a parent who is a 
United States citizen, lawful permanent resident or qualified alien 
child is applying for benefits shall not be made if the parent presents 
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.''.
    (4) Section 27 of the United States Housing Act of 1937 (42 U.S.C. 
1437y) is amended by adding at the end ``Collection or information 
about and inquiries into the immigration status of a parent who is a 
United States citizen, lawful permanent resident or qualified alien 
child is applying for benefits shall not be made if the parent presents 
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, Justice, and State, the 
Judiciary and Related Agencies Appropriations 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 related legal assistance 
        (as that term is defined in subsection (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 domestic 
        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), (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 required to train 
its supervisory military officers on domestic violence, the dynamics of 
domestic violence in military families, the types of protection 
available for battered immigrant women and children in the Violence 
Against Women Act, and the problems of domestic violence in families 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 Executive 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 ``, 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 following 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 
        consequences 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 before the period ``certify that 
their laws, policies, and practices do not discourage or prohibit 
prosecutors and law enforcement officers from granting access to 
information about the immigration status of a domestic violence 
perpetrator to the victim, the child, or their advocate.''.

SEC. 635. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES.

    Section 287(g)(10) of the Immigration and Nationality Act is 
amended by adding at the end the following: ``It is the intent of the 
Congress that none of the provisions of this section have the effect of 
discouraging crime victim cooperation with law enforcement and 
prosecutors. Public policy favors encouraging prosecution of criminals, 
and nothing in this section shall be construed to discourage crime 
victims and domestic violence victims from reporting crimes committed 
against them to police, from cooperating in criminal prosecutions, or 
from obtaining from courts protection orders or other legal relief 
needed to protect crime victims from ongoing violence under State or 
Federal laws.''.

SEC. 636. EFFECTIVE DATE.

    The amendments made by this subtitle shall be effective as if 
included in the Violence Against Women Act of 1994 (Public Law 103-322; 
108 Stat. 1902-1955).

  Subtitle D--Conforming Amendments 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, ethnic, and language minorities'' and inserting 
``to underserved 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 populations' includes populations underserved 
because of race, ethnicity, age, disability, sexual orientation, 
religion, alienage status, geographic location (including rural 
isolation), language barriers, and any other populations determined 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 ``relationship of victim to offender'' and inserting ``and the 
membership of persons served in any underserved populations; and''

SEC. 642. FAMILY VIOLENCE PREVENTION AND SERVICES ACT.

    (a) Section 303(a)(2)(C) of the Family Violence Prevention 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 because of race, ethnicity, age, disability, sexual 
orientation, religion, alienage status, geographic location (including 
rural isolation), language barriers, and any other populations 
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-minority 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;
            (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 violent 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 homicides 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 children. 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 Justice, crime 
        costs an estimated $450,000,000,000 annually in medical 
        expenses, lost earnings, social service costs, pain, suffering, 
        and reduced quality of life for victims, all of which harm our 
        Nation's productivity 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 estimates indicate that between 
        300,000 and 600,000 rapes and sexual assaults occur annually in 
        the United States;
            (12) other violent offenses take unacceptably high tolls on 
        the economy as well, including assault ($93,000,000,000), 
        murder ($71,000,000,000), drunk driving (excluding fatalities) 
        ($61,000,000,000), and child abuse ($56,000,000,000);
            (13) violent crime results in wage losses equivalent 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 between 
        $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 corporate 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 violence as a high-risk 
        security problem;
            (17) 49 percent of senior executives recently surveyed said 
        domestic violence has a harmful effect on their company's 
        productivity, 47 percent said domestic violence negatively 
        affects attendance, and 44 percent said domestic violence 
        increases health care costs;
            (18) only 12 States have enacted statutes forbidding 
        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 authorizes 
        battered women to take leave from work to seek legal assistance 
        and redress, counseling, or assistance with safety planning 
        activities nor does it protect crime victims from retaliation, 
        discharge, or other workplace penalties that may result from 
        their experiences and status as crime victims.

  Subtitle A--National Clearinghouse on Domestic Violence and Sexual 
                    Assault and the Workplace Grant

SEC. 711. NATIONAL CLEARINGHOUSE ON DOMESTIC VIOLENCE AND SEXUAL 
              ASSAULT AND THE WORKPLACE GRANT.

    (a) Definition of Domestic Violence.--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 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 
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.
    (b) Definition of Sexual Assault.--For purposes 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 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.
    (c) Authority.--The Attorney General may make a grant in accordance 
with this section to a private, nonprofit 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 clearinghouse and 
resource center to provide information and assistance to employers and 
labor organizations in their efforts 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 application, 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 responses to reduce 
                domestic violence and sexual assault; and
                    (B) will provide matching funds from non-Federal 
                sources in an amount equal to not less than 10 percent 
                of the total amount of the grant under this section; 
                and
            (2) include a plan to maximize, to the extent practicable, 
        outreach to employers (including private companies, as well as 
        public entities such as universities, and State and local 
        governments) in developing and implementing appropriate 
        responses to assist 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 necessary to assemble, maintain, and disseminate to 
employers and labor organizations information on and appropriate 
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 workplace policies;
            (5) coordination of victim services; and
            (6) assessments of the workplace costs of domestic violence 
        and sexual assault.
    (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' Employment Rights 
Act''.

SEC. 722. PURPOSES.

    Pursuant to the affirmative power of Congress to enact this Act 
under section 5 of the fourteenth amendment to the Constitution, as 
well as under clause 3, section 8 of article I of the Constitution, the 
purposes of this subtitle 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 interstate commerce 
        from dislocations of employees and decreases in productivity 
        that may arise when employees are victimized by violent crime;
            (3) to promote the purposes of the fourteenth amendment by 
        protecting the rights of victims of 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 accommodates 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 employee 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 subtitle--
            (1) the term ``employer'' includes any person acting 
        directly or indirectly in the interest of an employer in 
        relation to an employee, and includes a public agency, but does 
        not include any labor organization (other than when acting as 
        an employer) or anyone acting in the capacity of officer or 
        agent of such labor organization;
            (2) the term ``employ'' includes to suffer or permit to 
        work for wages, benefits, or other compensation;
            (3) the term ``employee'' means any person employed 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 benefits;
            (4) the term ``victim of crime'' includes any employee 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 offenses have been 
        made, provided the employer knows or has reason to know that 
        such threats have occurred;
            (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 accommodation as 
                requested by the employee of the victim'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 employment 
        policies providing for unpaid leave, except where State or 
        Federal law or the employer's existing 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 employment, as defined in subsection 
        (b)(4) of this section, which would not have been made in the 
        absence 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 modified work 
                schedules, or reassignment to a vacant position or to 
                another department or facility with equivalent wages 
                and benefits or reassignment 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 facilities, 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 reasonable 
                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 activity necessitated by the 
                crime that must be undertaken during hours of 
                employment;
            (8) the term ``undue hardship'' means an action requiring 
        significant difficulty or expense, or any action that would be 
        unduly costly, extensive, substantial, or disruptive, or that 
        would fundamentally alter the nature of operation of the 
        business, when considered in light of the following factors:
                    (A) The nature and cost of the accommodation 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 resources, or the 
                impact otherwise of such accommodation upon the 
                operation of the facility.
                    (C) The relationship between the seriousness 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 domestic violence, the employer shall take 
                into account the fact that incidents of domestic 
                violence frequently escalate in seriousness, and that 
                threats against the employee may result in violence.
    (c) Construction.--
            (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 participation in criminal 
        justice or civil proceedings.--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 criminal or civil proceeding 
        arising from the alleged offense, and that testimony or 
        preparation could not be made outside the employee's regular 
        working hours. An employee who seeks protection from adverse 
        job actions under this subsection must provide 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 eligible 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, reinstatement, 
                transfer, promotion, and adoption of policies to 
                prevent future violations.
    (b) Action by Department of Justice.--The Department of Justice may 
bring a civil action in any court of competent jurisdiction to recover 
the damages described in subsection (a)(1) of this section.
    (c) Remedies.--The powers, remedies, and procedures 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 specified 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 subtitle if an adverse job action was necessary 
to protect the safety of an employee or other persons at the place of 
employment; provided, to qualify for this exception, an employer 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 possible 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 reasonable 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 liability 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 make good 
faith efforts to implement the employee's proposals 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 constitute an 
undue burden. The employee shall be entitled--
            (1) to be restored by the employer to the position 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 establishes 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.

   Subtitle C--Workplace Violence Against Women Prevention Tax Credit

SEC. 731. SHORT TITLE.

    This subtitle may be cited as the ``Workplace Violence Against 
Women Prevention Tax Credit Act''.

SEC. 732. CREDIT FOR COSTS TO EMPLOYERS OF IMPLEMENTING WORKPLACE 
              SAFETY PROGRAMS TO COMBAT VIOLENCE AGAINST WOMEN.

    (a) In General.--Subpart D of part IV of subchapter 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 employer 
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' means any cost certified by 
                the Attorney General to the Secretary as being for the 
                purpose of--
                            ``(i) ensuring the safety of employees from 
                        violent crimes against women,
                            ``(ii) providing assistance to employees, 
                        their spouses, and dependents with respect to 
                        violent crimes against women,
                            ``(iii) providing legal or medical services 
                        to employees, their spouses, and dependents 
                        subjected to, or at risk from, violent crimes 
                        against women,
                            ``(iv) educating employees about the issue 
                        of violent crimes against women, or
                            ``(v) implementing human resource or 
                        personnel policies initiated to protect 
                        employees from violent crimes against women or 
                        to support employees who have been victims of 
                        violent crimes against women.
                    ``(B) Types of costs.--Such term includes costs 
                certified by the Attorney General to the Secretary as 
                being for the purpose of--
                            ``(i) the hiring of new security personnel 
                        in order to address violent crimes against 
                        women,
                            ``(ii) the creation of buddy systems or 
                        escort systems for walking employees to parking 
                        lots, parked cars, subway stations, or bus 
                        stops, in order to address violent crimes 
                        against women,
                            ``(iii) the purchase or installation of new 
                        security equipment, including surveillance 
                        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 assistance 
                        services about violent crimes against women, 
                        for the use of individual employees, including 
                        counseling or referral services undertaken in 
                        consultation and coordination 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,
                            ``(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 expert 
                        or an accountant to provide financial 
                        counseling to employees seeking to escape from 
                        violent crimes against women,
                            ``(viii) the establishment of an education 
                        program for employees, consisting of seminars 
                        or training sessions about violent crimes 
                        against women undertaken in consultation 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 included in the 
                        study,
                            ``(x) the publication of a regularly 
                        disseminated newsletter or other regularly 
                        disseminated educational materials about 
                        violent crimes against women,
                            ``(xi) the implementation of leave policies 
                        for the purpose of allowing or that accommodate 
                        the needs of victims of violent crimes against 
                        women to pursue legal redress against 
                        assailants, including leave from work to attend 
                        meetings with attorneys, 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 subjected 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 perpetrated violent crimes 
                        against women in order to protect the victim, 
                        including payment of costs for the transfer and 
                        relocation of an employee to another city, 
                        county, State, or country for the purpose of 
                        maintaining an employee's safety from violent 
                        crimes against women, or
                            ``(xiv) the provision of any of the 
                        services 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 violence 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, 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 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.
                    ``(C) 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 
                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.
            ``(3) Employee and employer.--
                    ``(A) Partners and partnerships.--The term 
                `employee' includes a partner and the term `employer' 
                includes a partnership.
                    ``(B) Related persons.--Persons shall be treated as 
                related to each other if such persons are treated as a 
                single employer under subsection (a) or (b) of section 
                52.
    ``(c) Coordination With Other Provisions.--No credit or deduction 
shall be allowed under any other provision of this title for any amount 
for which a credit is allowed under this section.''
    (b) Carryforward, Carryback, and Deduction for Unused Credits.--
            (1) Carryforward and carryback.--Subsection (b) of section 
        38 of such Code (relating to general business credit) is 
        amended by striking ``plus'' at the end of paragraph (11), by 
        striking the period at the end of paragraph (12) and inserting 
        ``, plus'', and by adding at the end the following new 
        paragraph:
            ``(13) the workplace safety program credit determined under 
        section 45D.''
            (2) Transitional rule for carrybacks.--Subsection (d) of 
        section 39 of such Code (relating to transitional rules) is 
        amended by adding at the end the following new paragraph:
            ``(8) No carryback of section 45d credit before effective 
        date.--No portion of the unused business credit for any taxable 
        year which is attributable to the workplace safety program 
        credit determined under section 45D may be carried back to a 
        taxable year beginning on or before the date of the enactment 
        of section 45D.''
            (3) Deduction for unused credits.--Subsection (c) of 
        section 196 of such Code (relating to deduction for certain 
        unused business credits) is amended by striking ``and'' at the 
        end of paragraph (6), by striking the period at the end of 
        paragraph (7) and inserting ``, and'', and by adding at the end 
        the following new paragraph:
            ``(8) the workplace safety program credit determined under 
        section 45D.''
    (c) Credit Not a Defense in Legal Actions.--The allowance of a 
credit under section 45D of the Internal Revenue Code of 1986 (as added 
by this subtitle) shall not absolve employers of their responsibilities 
under any other law and shall not be construed as a defense to any 
legal action (other than legal action by the Secretary of the Treasury 
under such Code).
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of such Code is amended by adding 
at the end the following 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 amendment to, or repeal of, a section or other 
provision, the reference 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 Amendment to the Constitution, as 
well as under clause 1 of section 8 of Article I of the Constitution 
and clause 3 of section 8 of Article I of the Constitution, the 
purposes of this subtitle are--
            (1) to promote the national interest in reducing domestic 
        violence by enabling victims of domestic violence to maintain 
        the financial independence necessary to leave abusive 
        situations, to achieve safety and minimize the physical and 
        emotional injuries from domestic violence, and to reduce the 
        devastating 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 furthering the equal opportunity of women to 
        employment and economic self-sufficiency;
            (3) to minimize the negative impact on interstate commerce 
        from dislocations of employees and 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 accommodates the legitimate 
        interests of employers.

SEC. 743. UNEMPLOYMENT COMPENSATION.

    (a) Unemployment Compensation.--Section 3304(a) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``and'' at the end of paragraph (18),
            (2) by striking the period at the end of paragraph (19) and 
        inserting ``; and'',
            (3) by adding after paragraph (19) the following:
            ``(20) compensation is to be provided where an individual 
        is separated from employment due to circumstances 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 from employment is 
        `directly resulting' from the individual's experience of 
        domestic violence, it shall be sufficient if the separation 
        from employment resulted from--
                    ``(A) the employee's reasonable fear of future 
                domestic violence at or en route to or from her place 
                of employment;
                    ``(B) the employee's wish to relocate to another 
                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 employee's 
                request for the temporary leave from employment 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 believe that 
                termination of employment is necessary for the future 
                safety of the employee or the employee's family.
            ``(2) For purposes of subsection (a)(20), where State law 
        requires the employee to have made reasonable 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 schedule would not 
                be sufficient to guarantee the employee 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 compensation, such requirement shall be deemed to 
        be met where the employee is temporarily unable to actively 
        search for employment because the employee is engaged in 
        seeking safety or relief for the employee or the employee's 
        family from domestic violence, including--
                    ``(A) going into hiding or relocating or attempting 
                to do so, including activities associated with such 
                relocation or hiding, such as seeking to obtain 
                sufficient shelter, food, schooling 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 proceedings; 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 violence, such 
                as police or court records, or documentation of the 
                domestic violence from a shelter worker or employee of 
                a domestic violence program, attorney, clergy, or 
                medical or other professional from whom the employee 
has sought assistance in addressing domestic violence 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 employee has applied for or inquired about 
        unemployment compensation available under section 3304(a)(20) 
        shall be retained in the strictest confidence of the employer, 
        except to the extent consented to by the employee where 
        disclosure is necessary to protect the employee's safety.''.
    (b) Social Security Personnel Training.--Section 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 ensure that 
        claims reviewers and hearing personnel are adequately trained 
        in the nature and dynamics of domestic violence and in methods 
        of ascertaining and keeping confidential information about 
        possible experiences of domestic violence, so that employment 
        separations stemming from domestic violence are reliably 
        screened, identified, and adjudicated and full confidentiality 
        is provided for the employee's claim and submitted evidence.''.
    (c) Definitions.--Section 3306 of the Internal Revenue Code of 1986 
is amended by adding at the end the following:
    ``(u) Domestic Violence.--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 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 
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.''.

SEC. 744. ENTITLEMENT TO LEAVE FOR DOMESTIC VIOLENCE.

    (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 parent 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 violence and its effects' means--
                    ``(A) experiencing domestic violence,
                    ``(B) seeking medical attention for or recovering 
                from injuries caused by domestic violence,
                    ``(C) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding related to 
                domestic violence,
                    ``(D) attending support groups for victims of 
                domestic violence,
                    ``(E) obtaining psychological counseling related to 
                experiences of domestic violence,
                    ``(F) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, including temporary or permanent relocation 
                and
                    ``(G) any other activity necessitated by domestic 
                violence which must be undertaken during 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 subparagraph (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 paragraph 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 actually taken.''.
    (d) Paid Leave.--Section 102(d)(2) (29 U.S.C. 2612(d)) is amended 
by striking ``(C) or (D)'' and inserting ``(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, attorney, clergy, or medical or 
        other professional from whom the employee has sought assistance 
        in addressing 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
            (2) by adding at the end the following:
    ``(g) Confidentiality.--All evidence of domestic violence 
experienced by an employee or the employee's child or parent, including 
an employee's statement, any corroborating evidence, and the fact that 
an employee has requested leave for the purpose of addressing domestic 
violence and its effects, shall be retained in the strictest confidence 
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 requested by the employee to document domestic 
violence to a court or agency.''.

SEC. 745. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOYEES 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 domestic violence 
        and its effects, the employee is unable to perform any of the 
        functions of the position of such employee.''.
    (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 paragraph (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 recovering 
                from injuries caused by domestic violence,
                    ``(C) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding related to 
                domestic violence,
                    ``(D) attending support groups for victims of 
                domestic violence,
                    ``(E) obtaining psychological counseling related to 
                experiences of domestic violence,
                    ``(F) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, including temporary or permanent relocation 
                and
                    ``(G) any other activity necessitated by domestic 
                violence which must be undertaken during hours of 
                employment.''.
    (c) Intermittent or Reduced Leave.--Section 6382(b) of title 5, 
United States Code, is amended by adding at the end the following:
            ``(3) Leave under subparagraph (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 paragraph 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 actually taken.''.
    (d) Other Leave.--Section 6382(d) of title 5, United States Code, 
is amended by striking ``(C) or (D)'' and inserting ``(C), (D), (E), or 
(F)''.
    (e) Certification.--Section 6383 of title 5, United States Code, 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 6382(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, attorney, clergy, or medical or 
        other professional from whom the employee has sought assistance 
        in addressing 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 violence 
experienced by an employee or the employee's child or parent, including 
an employee's statement, any corroborating evidence, and the fact that 
an employee has requested leave for the purpose of addressing domestic 
violence and its effects, shall be retained in the strictest confidence 
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 requested by the employee to provide 
documentation to a court or agency.''.

SEC. 746. EXISTING LEAVE USABLE FOR DOMESTIC VIOLENCE.

    (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 similar leave) from employment pursuant to State 
law, an existing 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 domestic 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 employer in 
        relation to any employee, if such person is also subject to the 
        Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) 
        or to any State law or benefits program or plan addressing paid 
        or unpaid leave from employment (including family, medical, 
        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 capacity 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 employee qualifies 
for the leave described in subsection (a), an employer may require 
documentation of domestic violence or corroborating evidence consistent 
with the provisions 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 violence experienced 
by an employee or the employee's child or parent, including an 
employee's statement, any documentation or corroborating evidence, and 
the fact that the employee has requested leave for the purpose of 
addressing domestic violence and its effects, shall be retained in the 
strictest confidence by the employer, except to the extent 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 procedures pursuant to which an employee may 
        initiate a legal action against an employer for alleged 
        violations 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.

SEC. 747. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.

    (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 domestic 
violence than the rights established under this subtitle 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 bargaining agreement, any employment 
benefit program or plan, or any State or local law.

SEC. 748. EFFECTIVE DATE.

    (a) General Rule.--Except as provided in subsection (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 paragraph (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.
            (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 
        section 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 sentence, the term ``session'' means 
        a regular, special, budget, or other session of a State 
        legislature.

   Subtitle E--Education and Training Grants To Promote Responses 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 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 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.
    (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 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.
    (c) Authority.--The Attorney General may make grants in accordance 
with this section to public and private nonprofit nongovernmental 
entities including tribally chartered organizations and nonprofit 
organizations operating within the boundaries of an Indian reservation 
whose governing body reflects the populations served that, in the 
determination of the Attorney General, have--
            (1) recognized expertise in the area of domestic violence 
        and sexual assault;
            (2) a record of commitment and quality responses to reduce 
        domestic violence and sexual assault; and
            (3) demonstrated collaboration and cooperation with groups 
        or individuals with recognized expertise in assisting 
        individuals who are eligible for the benefits described in 
        subsection (d).
    (d) Grants.--
            (1) Purpose.--Grants under this section shall be used for 
        the purposes of developing, testing, presenting, and 
        disseminating model programs to provide education and training 
        to individuals likely to come into contact with victims of 
        domestic violence or sexual assault due to their employment 
        responsibilities, including, but not limited to--
                    (A) campus personnel, such as administrators, 
                housing officers, resident advisors, counselors, and 
                others;
                    (B) caseworkers, supervisors, administrators, 
                administrative law judges, and other individuals 
                administering Federal and State benefits 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 professionals, 
                such as psychologists, psychiatrists, social 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 professionals.
            (2) Priority.--In awarding such grants, the Attorney 
        General shall give priority to the individual areas, 
        professions, and personnel described in subparagraphs (A) 
        through (E) of paragraph (1) that are currently being supported 
        less extensively by other Federal, State, and private funding 
        sources, as well as those that address the needs of underserved 
populations (as that term is defined in 42 U.S.C. 3796gg-2(7), as 
amended by title VI of this Act).
            (3) Tribal organizations eligibility.--Nothing shall 
        preclude tribally chartered organizations 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, interpretations of 
        State workers' compensation laws may preclude women from 
        pursuing legal claims resulting from workplace violence; for 
        example, for an employer's negligence that resulted in the 
        violence; consequently recovery may be limited to the amount 
        permitted by workers' compensation statutes; and
            (4) Other States recognize that workplace violence against 
        women, including rapes and sexual assault, may fall within 
        various exceptions to State workers' compensation laws.
Affording victims of workplace violence against women access to legal 
redress outside the workers' compensation system will assist women in 
recovering from violent crimes, encourage employers to take all 
reasonable preventive measures, and help improve the productivity and 
safety of American workplaces.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) State workers' compensation laws should provide 
        benefits to women who are victims of workplace violence who are 
        eligible for such benefits, including full compensation for 
        physical and nonphysical injuries; and
            (2) State workers' compensation laws should also permit the 
        employee to pursue an action at law against an employer, other 
        than statutory workers' compensation benefits, based on the 
        employer's role in the act of workplace violence.

    TITLE VIII--EDUCATIONAL INSTITUTIONS AND VIOLENCE AGAINST WOMEN

  Subtitle A--Grants To Reduce Violent 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 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 partnerships with local criminal justice authorities 
and community-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, 
investigation, and adjudication of persons committing violent crimes 
against women on campuses, and specifically, for the purposes of--
            ``(1) training campus administrators and campus 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 effective campus 
        security and investigative policies, protocols, orders, and 
        services specifically devoted to preventing, identifying, and 
        responding to violent crimes against women on campus, including 
        the crimes of sexual assault, stalking, and domestic violence;
            ``(3) developing, enlarging, or strengthening victim 
        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 personnel, and local 
        criminal justice authorities to reduce violent crimes against 
        women on campus.

``SEC. 2102. GRANTS.

    ``(a) General Grants.--The Department of Education 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.
    ``(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 certification that--
            ``(1) the funds shall be used for any of the purposes 
        described in section 2101(b);
            ``(2) grantees shall develop a plan for implementation and 
        shall consult and coordinate with nonprofit, nongovernmental 
        victim services programs, including sexual assault and domestic 
        violence victim services programs and State sexual assault and 
        domestic violence coalitions;
            ``(3) of the total grant amount awarded by the Secretary, 
        grantees shall make the following allocations:
                    ``(A) at least 20 percent shall be allocated each 
                to campus security and to campus administrators;
                    ``(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-Federal funds that would 
        otherwise be available for activities funded under this 
        subtitle.
    ``(d) Application Requirements.--The application requirements 
provided in section 513 (42 U.S.C. 3763) shall apply under this part. 
In addition, each application should include the certifications of 
qualification required by subsection (c), including documentation from 
nonprofit, nongovernmental victim services programs, describing 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, demonstrating--
                    ``(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 defined in 42 U.S.C. 3796gg-2(7), as 
                amended by title VI of this Act.
    ``(e) Disbursement.--
            ``(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 provided for 
                under this part; or
                    ``(B) inform the applicant why the application 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 geographic 
                size with the greatest showing of need based on the 
                availability of existing domestic violence, 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 geographic 
                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 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 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 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
            ``(2) 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.

``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 personnel, equipment, supplies, facilities, and 
managerial, technical, and advisory services) in support of campus 
security and investigation and victim service efforts.
    ``(b) Regulations or Guidelines.--Not later than 120 days after the 
date of enactment of this part, the Secretary shall publish proposed 
regulations or guidelines implementing this part, including a mechanism 
for the Secretary to make individual program evaluations publicly 
available. Not later than 180 days after the date of enactment, 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 consultation 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.
    (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 institution'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 procedure 
                options;
            (5) the resources available for victim's safety, support, 
        medical health, and confidentiality--
                    (A) how well these resources are articulated 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;
            (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 further 
                punishment; and
                    (B) how individual institutions punish 
                perpetrators.
    (c) Submission of Report.--The report required by subsection (b) 
shall be submitted to Congress no later than September 1, 1998.
    (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 employees 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 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 inserting the 
        following:
                    ``(i) homicide, including--
                            ``(I) murder or nonnegligent manslaughter; 
                        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 follows:
    ``(4)(A) Each institution participating in any program under this 
title shall annually submit to the Secretary a copy of the statistics 
required to be made available 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 Secretary shall 
determine. This report shall be issued on or before February 1 of each 
year.''.
    (c) Compilation Method.--Paragraph (6) of section 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 standards 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 information, if 
available, about any family, marital, or intimate partner relationship 
between the victim and the alleged perpetrator.
    ``(B)(i) The accuracy of the statistics described in paragraphs 
(1)(F) and (1)(H) shall be certified by an official designated by each 
institution who is charged with compiling statistics for inclusion. 
Such official shall be responsible for disseminating the information 
required under this paragraph as well as the monthly reports required 
under paragraph (4)(B).
    ``(ii) Such official shall ensure, to the maximum extent 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 coordinating 
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 described in paragraphs 
(1)(F) and (1)(H) or in disseminating the reports required under 
paragraph (4)(B) or the information described in subparagraph (iii).''.
    (d) Crime Logs.--Section 485(f) is further amended--
            (1) by redesignating paragraphs (4) through (7) as 
        paragraphs (5) through (8), respectively; and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
    ``(4)(A) Each institution participating in any program under this 
title which maintains either a police or security department of any 
kind shall make a monthly report, 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 identify 
victims of the crime or persons accused of the crime, but shall 
include, in a manner determined by the Secretary--
            ``(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 publications (including student 
newspapers), notice through resident 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 ACTIVITY FROM EDUCATION 
              RECORDS DEFINITION.

    (a) Amendment.--Section 444(a)(4)(B) of the General Education 
Provisions Act (20 U.S.C. 1232g(a)(4)(B)) is amended--
            (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 employee of an 
        educational agency or institution about--
                    ``(I) individuals who have been found guilty of, or 
                have pled guilty to, committing or participating in any 
                criminal activity as defined in local, State, or 
                Federal law alleged to have occurred while the 
                individual was a student in attendance, including audit 
                or noncredit, at an educational agency or institution;
                    ``(II) the findings of any campus disciplinary 
                proceedings;
                    ``(III) the sanctions incurred (if any), and any 
                subsequent findings or amendments to such sanctions;
                    ``(IV) findings of guilt of criminal misconduct and 
                related sanctions from any previously attended 
                educational agencies or institutions where such records 
                were created on or after September 1, 1998, and which 
                are maintained by the institution currently or most 
                recently attended by the individual; and
                    ``(V) any criminal acts required to be reported 
                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 ENFORCEMENT.

    (a) Program Participation Agreement Requirements.--Section 
487(a)(12) (20 U.S.C. 1094(a)(12)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) the policies and crime statistics disclosed 
                under section 485(f) are comprehensive and accurate.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on September 1, 1998.

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 required by subsection (a) 
shall--
            (1) be transmitted to the Committee on the Judiciary 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 Professions

SEC. 821. SHORT TITLE.

    This subtitle may be cited as the ``Violence Against Women Training 
for Health Professions Act''.

SEC. 822. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF 
              PROVISIONS REGARDING DOMESTIC VIOLENCE AND SEXUAL 
              ASSAULT.

    (a) Title VII Programs; Preferences in Financial Awards.--Section 
791 of the Public Health Service Act (42 U.S.C. 295j) is amended by 
redesignating subsection (c) as subsection (d), and by inserting after 
subsection (b) the following subsection:
    ``(c) Preferences Regarding Training in Identification and Referral 
of Victims of Domestic Violence and Sexual Assault.--
            ``(1) In general.--In the case of a health professions 
        entity specified in paragraph (2), the Secretary 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 involved) that has in effect the 
        requirement that, as a condition of receiving a degree or 
        certificate (as applicable) from the entity, each student have 
        had significant training developed in consultation and 
        collaboration 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 violence and 
                sexual assault, and maintaining complete medical 
                records that include documentation 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 discipline, 
                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 entities.--For purposes 
        of paragraph (1), a health professions entity specified in this 
        paragraph is any entity that is a school of medicine, a school 
        of osteopathic 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.
            ``(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 entities 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 provided, including 
        the extent of involvement of nonprofit nongovernmental domestic 
        violence and sexual assault victims services programs in the 
        training.
            ``(4) Definitions.--For purposes of this subsection--
                    ``(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 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 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 Financial 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 Identification and Referral 
of Victims of Domestic Violence and Sexual Assault.--
            ``(1) In general.--In the case of a health professions 
        entity specified in paragraph (2), the Secretary 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 involved) that has in effect the 
        requirement that, as a condition of receiving a degree or 
        certificate (as applicable) from the entity, each student have 
        had significant training developed in consultation and 
        collaboration 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 violence and 
                sexual assault, and maintaining complete medical 
                records that include documentation 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 discipline, 
                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 entities.--For purposes 
        of paragraph (1), a health professions entity specified in this 
        paragraph is any entity 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 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 entities 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 
        provided and the extent of involvement of nonprofit 
        nongovernmental domestic violence and sexual assault victims 
        services programs in the training.
            ``(4) Definitions.--For purposes of this subsection--
                    ``(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 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 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.''.

              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 campuses based on 
        race, gender, religion, sexual orientation, 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 perpetrator 
        intentionally selects a victim because of the actual or 
        perceived race, gender, religion, sexual orientation, 
        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 assault;
            (5) existing reporting requirements are inadequate to deal 
        with the problem of hate crimes since the vast majority of hate 
        crimes that occur on college campuses do not result in murder, 
        rape, or aggravated assault;
            (6) existing reporting requirements are inadequate because 
        the requirements do not require colleges and universities to 
        report hate crimes that target victims because of the victims' 
        gender or disability;
            (7) omitting certain hate crimes from official campus crime 
        reports may result in a false sense of security among students 
        and apathy from campus officials;
            (8) omitting certain hate crimes from official campus crime 
        reports deprives students and parents of the students of vital 
        information necessary to protect the students against such 
        crimes and to make informed decisions in choosing a college or 
        university;
            (9) requiring postsecondary institutions to report all hate 
        crimes that occur on their campuses will provide students and 
        parents of the students with vital information so that the 
        students may better protect themselves against such crimes; and
            (10) requiring postsecondary institutions to report all 
        hate crimes that occur on their campuses will encourage college 
        officials to raise awareness about such crimes and develop 
        programs and strategies to combat such crimes.
    (c) Amendment.--Section 485(f)(1)(F) of the Higher 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.''.

    TITLE IX--VIOLENCE AGAINST WOMEN INTERVENTION, PREVENTION, AND 
                           EDUCATION RESEARCH

SEC. 901. VIOLENCE AGAINST WOMEN INTERVENTION, PREVENTION, 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, Prevention, and 
                           Education Research

``SEC. 40901. FINDINGS.

    ``(a) Findings.--Congress finds the following:
            ``(1) According to a Panel on Research on Violence Against 
        Women convened by the National Research Council in response to 
        the mandates by the Violence Against Women Act of 1994--
                    ``(A) significant gaps exist in understanding 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 Federal agencies with 
                no mechanism through which 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 supports 
                interdisciplinary efforts and aids in integrating these 
                efforts into practice and policy.
            ``(2) Despite the increased funding to prevent and respond 
        to violence against women in underserved populations, few 
        studies have examined incidence 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 intervention strategies 
        that are most effective in underserved 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 disease must 
        be examined for a range of diseases and diagnoses to better 
        understand the correlation between 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 
        developing 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 violence against women. The task force shall 
comprise representation from all Federal agencies that fund such 
research.
    ``(b) Uses of Funds.--Funds appropriated under this section shall 
be used to--
            ``(1) develop a coordinated strategy to strengthen 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 criteria for 
        all Federal agencies for evaluating research proposals, taking 
        into account the context within which women live their lives, 
        including the broad social and cultural context as well as 
        individual factors; and
            ``(4) set priorities for research efforts that explore 
        factors such as race, social, and economic class, geographic 
        location, age, language, sexual orientation, disability, and 
        other factors that shape the context and experience of violence 
        in women's lives.
    ``(c) Authorization of Appropriation.--There shall be appropriated 
$500,000 for each of fiscal years 1999, 2000, and 2001 to fulfill the 
purposes of this section.

``SEC. 40903. EDUCATION, PREVENTION, AND INTERVENTION 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 organizations, 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 following areas and others 
that may be identified by the Task Force established under section 902 
of this title--
            ``(1) longitudinal research to study the developmental 
        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 perpetrators, such as poverty, 
        childhood victimization and other traumas;
            ``(3) examination of short- and long-term efforts of 
        programs designed to prevent sexual and intimate partner 
        violence;
            ``(4) outcome evaluations of interventions targeted 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 methods of 
        screening and providing services at all points of entry to the 
        health care system, including mental health, emergency 
        medicine, and primary care.
    ``(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 organizations, research organizations and academic 
institutions for the purpose of expanding knowledge about violence 
against women, with a particular emphasis on exploring such issues as 
they affect underserved communities.
    ``(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 describe their experience of violence;
            ``(2) qualitative and quantitative research to understand 
        how factors such as race, ethnicity, socioeconomic status, age, 
        language, disability, and sexual orientation shape the context 
        and experience of violence in women's lives, as well as the 
        education, 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 intimate 
        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 address this type of abuse;
            ``(6) an examination of the need for and availability of 
        legal assistance and services for victims of sexual assault;
            ``(7) the use of nonjudicial alternative dispute resolution 
        (such as mediation, negotiation, conciliation, 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 of the 
        proceedings, as well as other factors that may be identified;
            ``(8) the examination of effective models to address 
        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 children and pose to parents who are victims 
        of domestic violence, and examining effective models to address 
        domestic violence in the context of child welfare and child 
        protection that protect children while protecting parents who 
        are victims of domestic violence; and
            ``(9) other such research as may be determined by the Task 
        Force established under section 40902 in consultation with 
        domestic violence and sexual assault advocates, coalitions, 
        national experts, and researchers.
    ``(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--
            ``(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 domestic 
        violence and the sentences imposed for offenses involving such 
        illicit drugs and alcohol where domestic violence occurred;
            ``(3) the extent to which acts of domestic violence 
        committed against the defendant, including coercion, may play a 
        role in the commission of an offense;
            ``(4) analysis delineated by race, gender, type of offense, 
        and any other categories that would be useful for understanding 
        the problem; and
            ``(5) recommendations with respect to the offenses 
        described in this section particularly any basis for a downward 
        adjustment in any applicable guidelines determination.

``SEC. 40906. RESEARCH ON PREGNANCY AND SEXUAL ASSAULT.

    ``(a) Purposes.--The Secretary of Health and Human Services, in 
conjunction with the Attorney General, shall award grants to nonprofit 
entities, including sexual assault organizations, research 
organizations, and academic institutions, to gather qualitative and 
quantitative 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, acquaintance, intimate partner, spouse, 
        household member, etc.);
            ``(2) the degree to which State adoption, child custody, 
        visitation, child support, parental termination, and child 
        welfare criminal justice laws and policies serve the needs of 
        women and girls who become pregnant as a result of sexual 
        assault;
            ``(3) the impact of State social services rules, policies 
        and procedures, such as paternity establishment, family cap, 
        medicaid and other health benefits policies and procedures, on 
        women and girls who become 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 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 
        accessing assistance for women and girls in particular racial, 
        ethnic, language minority, or geographically isolated 
        populations, or because of their alienage status, disability, 
        sexual orientation or income level; and
            ``(5) recommendations for improvements in State health 
        care, judicial and social services systems 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 sexual assault coalitions and 
programs, including, nationally recognized experts on sexual assault, 
such as from the judiciary, the legal profession, psychological 
associations, and sex offender treatment providers, shall conduct a 
national 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 Institute 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 report, 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 
prosecuting crimes of rape and sexual assault offenses as follows:
            ``(1) Definitions of rape and sexual assault, including any 
        marital rape exception and any other exception or downgrading 
        of offense.
            ``(2) Element of consent and coercive conduct, including 
        deceit.
            ``(3) Element of physical resistance and affirmative 
        nonconsent as a precondition for conviction.
            ``(4) Element of force, including penetration requirement 
        as aggravating factor and use of coercion.
            ``(5) Evidentiary matters--
                    ``(A) inferences--timeliness of complaint under the 
                Model Penal Code;
                    ``(B) post traumatic stress disorder (including 
                rape trauma syndrome) relevancy of scope and 
                admissibility;
                    ``(C) rape shield laws--in camera evidentiary 
                determinations;
                    ``(D) prior bad acts; and
                    ``(E) corroboration requirement and cautionary jury 
                instructions.
            ``(6) Existence of special rules for rape and sexual 
        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 victim; and
                    ``(G) race.
            ``(9) Any personal or professional relationship between the 
        perpetrator and the victim.
            ``(10) Any recommendations of the Attorney General for 
        reforms to foster uniformity among the States in addressing 
        rape and sexual assault offenses in order to protect victims 
        more effectively while safeguarding due process.
    ``(c) Definition.--For purposes of this section, the term `rape and 
sexual assault offenses' includes carnal knowledge of a child, 
abduction with intent to defile, indecent liberties, beastiality, 
forcible sodomy, sexual penetration with an animate or inanimate 
object, forced sexual intercourse (labia majora penetration or anus 
penetration), cunnilingus, fellatio, anallingus, anal intercourse, 
sexual battery, aggravated sexual battery, and sexual abuse, 
accomplished by use of force, threats, or intimidation.
    ``(d) Findings.--The Attorney General shall ensure that no later 
than 1 year after the date of enactment of this Act, the study required 
under subsection (a) is completed and a report describing the findings 
made is submitted to Congress.
    ``(e) Authorization of Appropriation.--It is authorized that 
$200,000 be appropriated to carry out the study required by this 
section.

``SEC. 40908. RESEARCH CENTERS.

    ``The Secretary of Health and Human Services and the Attorney 
General shall establish 3 research centers to support the development 
of research and training program to focus on violence against women, to 
provide mechanisms for collaboration between researchers and 
practitioners, and to provide technical assistance for integrating 
research into service provision. Each Center shall be organized around 
a research area such as epidemiology and measurement of violence 
against women, causes and risk factors, and prevention and intervention 
evaluation research. At least one of the centers shall be established 
at an entity other than an academic institution. There shall be 
appropriated $3,000,000 for each of the fiscal years 1999, 2000, and 
2001 to carry out this section.''.
                                 <all>