[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2110 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2110

To reauthorize the Federal programs to prevent violence against women, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 1998

   Mr. Biden (for himself, Mr. Specter, Mrs. Boxer, Ms. Snowe, Mrs. 
Murray, Ms. Moseley-Braun, Ms. Mikulski, Mr. Lautenberg, Mr. Wellstone, 
 Mr. Dodd, Mr. Kennedy, and Mr. Durbin) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Federal programs 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 II''.
    (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--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

Sec. 101. Full faith and credit enforcement of protection orders.
Sec. 102. Role of courts.
Sec. 103. Reauthorization of STOP grants.
Sec. 104. Control of date-rape drug.
Sec. 105. Reauthorization of grants to encourage arrest policies.
Sec. 106. Grants to reduce violent crimes against women on campus.
Sec. 107. Violence against women in the military system.
Sec. 108. Hate crimes prevention.
Sec. 109. Reauthorization of rural domestic violence and child abuse 
                            enforcement grants.
Sec. 110. National stalker and domestic violence reduction.
Sec. 111. Amendments to domestic violence and stalking offenses.
        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec. 201. Legal assistance and attorney volunteers.
Sec. 202. Shelters for battered women and children.
Sec. 203. Victims of abuse insurance protection.
Sec. 204. National domestic violence hotline.
Sec. 205. Federal victims' counselors.
Sec. 206. Battered women's employment protection.
Sec. 207. Ensuring unemployment compensation.
Sec. 208. Battered immigrant women.
Sec. 209. Older women's protection from violence.
        TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec. 301. Safe havens for children.
Sec. 302. Study of child custody laws in domestic violence cases.
Sec. 303. Reauthorization of runaway and homeless youth grants.
Sec. 304. Reauthorization of victims of child abuse programs.
   TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                             AGAINST WOMEN

Sec. 401. Education and training of health professionals.
Sec. 402. Education and training in appropriate responses to violence 
                            against women.
Sec. 403. Rape prevention and education.
Sec. 404. Violence against women prevention education among youth.
Sec. 405. Education and training to end violence against and abuse of 
                            women with disabilities.
Sec. 406. Community initiatives.
Sec. 407. National commission on standards of practice and training for 
                            sexual assault examinations.
Sec. 408. National workplace clearinghouse on violence against women.
Sec. 409. Strengthening research to combat violence against women.
        TITLE V--EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND

Sec. 501. Extension.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``domestic violence'' has the meaning given 
        the term in section 2003 of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); and
            (2) the term ``sexual assault'' has the meaning given the 
        term in section 2003 of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C.3796gg-2).

TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

SEC. 101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.

    (a) In General.--Part U of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
            (1) in the part heading, by adding ``AND ENFORCEMENT OF 
        PROTECTION ORDERS'' at the end;
            (2) in section 2101(b), by adding at the end the following:
            ``(7) To provide technical assistance and computer and 
        other equipment to police departments, prosecutors, and courts 
        to facilitate the widespread, including interstate, enforcement 
of protection orders.''; and
            (3) in section 2102--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (2), by striking the 
                        period at the end and inserting ``, including 
                        the enforcement of protection orders from other 
                        States and jurisdictions;''; and
                            (iii) by adding at the end the following:
            ``(3) have established cooperative agreements with 
        neighboring jurisdictions to facilitate the enforcement of 
        protection orders from other States and jurisdictions; and
            ``(4) will use the grant to develop and install 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
                    (B) by adding at the end the following:
    ``(c) Dissemination of Information.--The Attorney General shall 
annually compile and broadly disseminate (including through electronic 
publication) information about successful data collection and 
communication systems that meet the purposes described in subsection 
(b)(3). Such dissemination shall target States, State and local courts, 
Indian tribal governments, and units of local government.''.
    (b) Custody and Protection Orders.--Chapter 110A of title 18, 
United States Code, is amended--
            (1) in section 2265, by adding at the end the following:
    ``(d) Registration.--Nothing in this section shall be construed 
to--
            ``(1) require prior filing or registration of a protection 
        order in the enforcing State in order to secure enforcement 
        pursuant to subsection (a); or
            ``(2) permit a State to notify the party against whom the 
        order has been made that a protection order has been registered 
        or filed in that State.
    ``(e) Notice.--Nothing in this section shall be construed to 
require notification of the party against whom an order is made in 
order to secure enforcement of that order by a law enforcement officer 
pursuant to subsection (a).''; and
            (2) in section 2266--
                    (A) by designating the first 6 undesignated 
                paragraphs as paragraphs (1) through (6), respectively; 
                and
                    (B) in paragraph (3), as so designated--
                            (i) by inserting ``issued pursuant to State 
                        divorce and child custody laws'' after 
                        ``custody orders''; and
                            (ii) by adding ``Custody and visitation 
                        provisions in protection orders are subject to 
                        this chapter.'' at the end.
    (c) Technical Amendment.--The table of contents for title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended in the item relating to part U, by adding ``and 
Enforcement of Protection Orders'' at the end.

SEC. 102. ROLE OF COURTS.

    (a) Courts as Eligible STOP Grantees.--Part T of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
seq.) is amended--
            (1) in section 2001--
                    (A) in subsection (a)--
                            (i) by inserting ``State and local 
                        courts,'' after ``States,''; and
                            (ii) by inserting ``tribal courts,'' after 
                        ``Indian tribal governments,''; and
                    (B) in subsection (b)--
                            (i) in each of paragraphs (1) and (2), by 
                        inserting ``, judges and other court 
                        personnel,'' after ``law enforcement 
                        officers''; and
                            (ii) in paragraph (3), by inserting ``, 
                        court,'' after ``police''; and
            (2) in section 2002--
                    (A) in subsection (a), by inserting ``State and 
                local courts,'' after ``States,'' the second place it 
                appears;
                    (B) in subsection (c), by striking paragraph (3) 
                and inserting the following:
            ``(3) of the amount granted--
                    ``(A) not less than 25 percent shall be allocated 
                to police and prosecutors;
                    ``(B) not less than 30 percent shall be allocated 
                to victim services; and
                    ``(C) not less than 10 percent shall be allocated 
                for State and local courts; and''; and
                    (C) in subsection (d)(1), by inserting ``court,'' 
                after ``law enforcement,''.
    (b) Reauthorization of State Justice Institute Grants.--Chapter 1 
of subtitle D of the Violence Against Women Act of 1994 (42 U.S.C. 
13991 et seq.) is amended--
            (1) in section 40412--
                    (A) in paragraph (6), by inserting ``stereotyping 
                of individuals with disabilities (as defined in section 
                3 of the Americans with Disabilities Act of 1990 (42 
                U.S.C. 12102)) who are victims of rape, sexual assault, 
                abuse, or violence,'' before ``racial stereotyping'';
                    (B) in paragraph (13), by inserting ``or among 
                individuals with disabilities (as defined in section 3 
                of the Americans with Disabilities Act of 1990 (42 
                U.S.C. 12102)),'' after ``socioeconomic groups,'';
                    (C) in paragraph (18), by striking ``and'' at the 
                end;
                    (D) in paragraph (19), by striking the period at 
                the end and inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(20) domestic violence and child abuse in custody 
        determinations and stereotypes regarding the fitness of 
        individuals with disabilities (as defined in section 3 of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) to 
        retain custody of children in domestic violence cases;
            ``(21) promising practices in the vertical management of 
        domestic violence offender cases; and
            ``(22) issues relating to violence against and abuse of 
        individuals with disabilities (as defined in section 3 of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12102)), 
        including the nature of physical, mental, and communications 
        disabilities, the special vulnerability to violence of 
        individuals with disabilities, and the types of violence and 
        abuse experienced by individuals with disabilities.''; and
            (2) in section 40414, by striking subsection (a) and 
        inserting the following:
    ``(a) In General.--There is authorized to be appropriated from the 
Violent Crime Reduction Trust Fund established under section 310001 of 
the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14211) to carry out this chapter $600,000 for each of fiscal years 1999 
through 2002.''.
    (c) Federal Judicial Personnel.--In carrying out section 620(b)(3) 
of title 28, United States Code, the Federal Judicial Center, shall 
include in its educational and training programs, including the 
training programs for newly appointed judges, information on the topics 
listed in section 40412 of the Equal Justice for Women in the Courts 
Act (42 U.S.C. 13992) that pertain to issues within the jurisdiction of 
the Federal courts, and shall prepare materials necessary to implement 
this section and the amendments made by this section.
    (d) Grants To Encourage Arrest Policies.--
            (1) Eligible grantees; use of grants for education.--
        Section 2101 of part U of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
                    (A) in subsection (a), by inserting ``State and 
                local courts, tribal courts,'' after ``Indian tribal 
                governments,'';
                    (B) in each of subsections (b) and (c), by 
                inserting ``State and local courts,'' after ``Indian 
                tribal governments''; and
                    (C) in subsection (b)--
                            (i) in paragraph (2), by striking 
                        ``policies and'' and inserting ``policies, 
                        educational programs, and''; and
                            (ii) in each of paragraphs (3) and (4), by 
                        inserting ``parole and probation officers,'' 
                        after ``prosecutors,'' each place that term 
                        appears.
            (2) Allotment for indian tribes.--Section 2101 of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796hh) is amended by adding at the end the following:
    ``(d) Allotment for Indian Tribes.--
            ``(1) In general.--Not less than 5 percent of the total 
        amount made available for grants under this section for each 
        fiscal year shall be available for grants to Indian tribal 
        governments.
            ``(2) Reallotment of funds.--If, beginning 9 months after 
        the first day of any fiscal year for which amounts are made 
        available under this subsection, any amount made available 
        under this subsection remains unobligated, the unobligated 
        amount may be allocated without regard to paragraph (1) of this 
        subsection.''.

SEC. 103. REAUTHORIZATION OF STOP GRANTS.

    (a) Reauthorization.--Section 1001(a)(18) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is 
amended to read as follows:
    ``(18) There is authorized to be appropriated from the Violent 
Crime Reduction Trust Fund established under section 310001 of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) 
to carry out part T $185,000,000 for each of fiscal years 1999 through 
2002.''.
    (b) State Coalition Grants.--Part T of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is 
amended--
            (1) in section 2001--
                    (A) in subsection (b)(5), by inserting ``, and the 
                forms of violence and abuse suffered by women who are 
                individuals with disabilities (as defined in section 3 
                of the Americans with Disabilities Act of 1990 (42 
                U.S.C. 12102))''; and
                    (B) by adding at the end the following:
    ``(c) State Coalition Grants.--
            ``(1) Purpose.--The Attorney General shall make grants to 
        each State domestic violence coalition and sexual assault 
        coalition 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.
            ``(2) Grants to state coalitions.--The Attorney General 
        shall make grants to--
                    ``(A) each State domestic violence coalition, as 
                determined by the Secretary of Health and Human 
                Services through the Family Violence Prevention and 
                Services Act (42 U.S.C. 10410 et seq.); and
                    ``(B) each State sexual assault coalition, as 
                determined by the Secretary of Health and Human 
                Services under the Public Health Service Act.
            ``(3) Eligibility for other grants.--Receipt of an award 
        under this subsection by each State domestic violence and 
        sexual assault coalition shall not preclude the coalition from 
        receiving additional grants under this part to carry out the 
        purposes described in subsection (b).'';
            (2) in section 2002(b)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) 2 percent shall be available for grants for State 
        coalitions under section 2001(c), with the coalition for each 
        State, the coalition for the District of Columbia, the 
        coalition for the Commonwealth of Puerto Rico, and the 
        coalition for the combined Territories of the United States 
        each receiving an amount equal to \1/53\ of the total amount 
        made available under this paragraph for each fiscal year;''; 
        and
            (3) in section 2003(7), by striking ``physical''.
    (d) Reallotment of Funds.--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:
            ``(3) Reallotment of funds.--
                    ``(A) In general.--If, beginning 1 year after the 
                last day of any fiscal year for which amounts are made 
                available under section 1001(a)(18), any amount made 
                available remains unobligated, the unobligated amount 
                may be allocated by a State to fulfill the purposes 
                described in section 2001(b), without regard to 
                subsection (c)(3) of this section.
                    ``(B) Guidelines.--The Attorney General shall 
                promulgate guidelines to implement this paragraph.''.
    (e) Definitions.--Section 2003(8) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(8)) is amended--
            (1) by striking ``assisting domestic violence or sexual 
        assault victims through the legal process'' and inserting 
        ``providing assistance for victims seeking legal, social, or 
        health care services''; and
            (2) by inserting before the period at the end the 
        following: ``, except that the term does not include any 
        program or activity that is targeted primarily for offenders''.

SEC. 104. CONTROL OF DATE-RAPE DRUG.

    Notwithstanding section 201 or subsection (a) or (b) of section 202 
of the Controlled Substances Act (21 U.S.C. 811, 812(a), 812(b)) 
respecting the scheduling of controlled substances, the Attorney 
General shall by order transfer flunitrazepam from schedule IV of such 
Act to schedule I of such Act.

SEC. 105. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST POLICIES.

    Section 1001(a)(19) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amended to read as 
follows:
    ``(19) There is authorized to be appropriated from the Violent 
Crime Reduction Trust Fund established under section 310001 of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) 
to carry out part U $65,000,000 for each of fiscal years 1999 through 
2002.''.

SEC. 106. GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN ON CAMPUS.

    (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 Z as part AA;
            (2) by redesignating section 2601 as section 2701; and
            (3) by inserting after part Y the following:

  ``PART Z--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN ON CAMPUSES

``SEC. 2601. PURPOSE OF THE PROGRAM AND GRANTS.

    ``(a) General Program Purpose.--The purpose of this part is to 
assist institutions of higher education in bringing together college 
personnel, security, students, and victim services to strengthen law 
enforcement strategies in combating violent crimes against women on 
campuses and to improve services to victims.
    ``(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 investigation, 
apprehension, prosecution, 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, for local campuses, including sexual 
        assault, stalking, and domestic violence programs;
            ``(4) 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; and
            ``(5) supporting improved coordination between campus 
        administrators and campus security personnel, and local 
        criminal justice authorities to reduce violent crimes against 
        women on campus.

``SEC. 2602. CAMPUS GRANTS.

    ``(a) In General.--The Attorney General may make grants to 
institutions of higher education in accordance with this part, for use 
by campus personnel and student organizations, and nonprofit 
nongovernmental victim services programs to assist campus 
administrators and campus security personnel (including employees, 
contractors, and volunteers) to develop and strengthen--
            ``(1) effective security and investigation strategies to 
        combat violent crimes against women on campuses, particularly 
        sexual assault, stalking, and domestic violence; and
            ``(2) 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) Application Requirements.--Each application under this part 
shall meet the requirements of section 517 and shall include--
            ``(1) the certifications described in subsection (c), 
        including documentation from nonprofit, nongovernmental victim 
        services programs, describing their participation in developing 
        the plan required by subsection (c)(2); and
            ``(2) documentation from the institution and from the 
        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 grant 
                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.
    ``(c) Certifications.--The certifications described in this 
subsection are certifications that the applicant will--
            ``(1) use the grant amount under this part for the purposes 
        described in section 2601(b);
            ``(2) develop a plan for implementation, and 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--
                    ``(A) allocate not less than 20 percent to campus 
                security administrators;
                    ``(B) allocate not less than 10 percent for 
                improved coordination as described in section 
                2601(b)(5); and
                    ``(C) allocate not less than 30 percent for 
                victims' services programs; and
            ``(4) use any Federal funds received under this part to 
        supplement, not supplant, non-Federal funds that would 
        otherwise be available for activities funded under this part.
    ``(d) Disbursement.--
            ``(1) In general.--Not later than 60 days after the receipt 
        of an application under this part, the Attorney General shall--
                    ``(A) make a grant in accordance with this part to 
                the applicant; or
                    ``(B) inform the applicant of the reasons that the 
                application does not meet the requirements of section 
                517 or the requirements of this section.
            ``(2) Regulations.--In making grants under this part, the 
        Attorney General shall--
                    ``(A) give priority to areas of varying geographic 
                size with the greatest showing of need based on the 
                availability of established 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.
    ``(e) Federal Share.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total cost of the projects 
described in the application submitted under this part.

``SEC. 2603. GENERAL TERMS AND CONDITIONS.

    ``(a) Nonmonetary Assistance.--In addition to assistance provided 
under this part, the Attorney General may request any Federal agency to 
use the authority and resources of the agency (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.--
            ``(1) Proposed regulations.--Not later than 120 days after 
        the date of enactment of this part, the Attorney General shall 
        publish proposed regulations or guidelines implementing this 
        part, including a mechanism to make individual program 
        evaluations publicly available.
            ``(2) Final regulations.--Not later than 180 days after the 
        date of enactment of this part, the Attorney General shall 
        publish final regulations or guidelines implementing this part.

``SEC. 2604. DEFINITIONS.

    ``In this part--
            ``(1) the terms `domestic violence', `sexual assault', 
        `underserved populations', and `victim services' have the 
        meaning given the terms in section 2003; and
            ``(2) the term `institutions of higher education' has the 
        meaning given the term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a)).''.
    (b) Authorization of Appropriations.--Section 1001 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is 
amended--
            (1) in paragraph (3), by striking ``and X'' and inserting 
        ``X, and Z''; and
            (2) by adding at the end the following:
            ``(24) There is authorized to be appropriated from the 
        Violent Crime Reduction Trust Fund established under section 
        310001 of the Violent Crime Control and Law Enforcement Act of 
        1994 (42 U.S.C. 14211) to carry out part Z $10,000,000 for each 
        of fiscal years 1999 through 2002.''.

SEC. 107. VIOLENCE AGAINST WOMEN IN THE MILITARY SYSTEM.

    (a) Criminal Offenses Committed Outside the United States by 
Persons Accompanying the Armed Forces.--
            (1) In general.--Title 18, United States Code, is amended 
        by inserting after chapter 211 the following:

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

``Sec.
``3261. Definitions.
``3262. Domestic violence and sexual assault offenses committed by 
                            persons employed by or accompanying, the 
                            Armed Forces outside the United States.
``3263. Delivery to authorities of foreign countries.
``3264. Regulations.
``Sec. 3261. Definitions
    ``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 an employee of the Department of Defense;
                    ``(B) is present or residing outside of the United 
                States in connection with such employment; and
                    ``(C) is a national of the United States, as 
                defined in 101(a)(22) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(22)); 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, as determined under regulations prescribed 
                pursuant to section 3264;
                    ``(B) is a dependent of an employee of the 
                Department of Defense, as determined under regulations 
                prescribed pursuant to section 3264;
                    ``(C) is residing with the member or employee 
                outside of the United States; and
                    ``(D) is a national of the United States, as 
                defined in 101(a)(22) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(22)).
``Sec. 3262. Domestic violence and sexual assault offenses committed by 
              persons employed by or accompanying the Armed Forces 
              outside the United States
    ``(a) In General.--Whoever, while employed by or accompanying the 
Armed Forces outside of the United States, engages in conduct that 
would constitute a 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 a 
district court of the United States.
    ``(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) Priority of Exercise of Jurisdiction.--
            ``(1) Action by military tribunal.--No prosecution may be 
        commenced in the United States district court under this 
        section until an official of the Department of Defense 
        designated pursuant to regulations jointly prescribed by the 
        Attorney General, the Secretary of Defense, and the Secretary 
        of Transportation (with respect to the Coast Guard when it is 
        not operating as a service in the Navy) waives the exercise of 
        jurisdiction referred to in subsection (b) in accordance with 
        procedures set forth in the regulations.
            ``(2) Action by foreign government.--No prosecution may be 
        commenced in a district court 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 United States district court of the named jurisdiction of 
        origin of the person arrested in relation to conduct referred 
        to in such paragraph if--
                    ``(A) military jurisdiction has been waived under 
                subsection (c)(1) in the case of that person; and
                    ``(B) that person has not been, and is not to be, 
                delivered to authorities of a foreign country under 
                section 3263; or
``Sec. 3263. Delivery to authorities of foreign countries
    ``(a) In General.--Any person designated and authorized under 
section 3262(d) may deliver a person described in section 3262(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. 3264. 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.''.
            (2) 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.
    (b) Records of Military Justice Actions.--
            (1) In general.--Subchapter XI of chapter 47 of title 10, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 940a. Art. 140a Military justice information: transmission to 
              Director of the Federal Bureau of Investigation
    ``Whenever a member of the armed forces is discharged or dismissed 
from the armed forces or is released from 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 this chapter, 
including any nonjudicial punishment imposed under section 815 of this 
title (article 15).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter IX of chapter 47 of title 10, United 
        States Code, is amended by adding at the end the following:

``940a. 140a. Military justice information: transmission to the 
                            Director of the Federal Bureau of 
                            Investigation.''.
    (c) Transitional Compensation.--Section 1059 (g)(2) of title 10, 
United States Code, is amended by striking ``the Secretary may not 
resume such payments'' and inserting ``the Secretary may, under 
circumstances determined extraordinary by the Secretary, resume such 
payments''.

SEC. 108. HATE CRIMES PREVENTION.

    (a) Definition.--In this section, 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).
    (b) 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; and
            ``(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; and
            ``(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.''.
    (c) Duties of Federal Sentencing Commission.--
            (1) 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.
            (2) Consistency with other guidelines.--In carrying out 
        this subsection, the United States Sentencing Commission 
        shall--
                    (A) ensure that there is reasonable consistency 
                with other Federal sentencing guidelines; and
                    (B) avoid duplicative punishments for substantially 
                the same offense.
    (d) Grant Program.--
            (1) 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.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.
    (e) 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 1998, 1999, and 2000 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 section).
    (f) Severability.--If any provision of this section, an amendment 
made by this section, or the application of such provision or amendment 
to any person or circumstance is held to be unconstitutional, the 
remainder of this section, the amendments made by this section, and the 
application of the provisions of such to any person or circumstance 
shall not be affected thereby.

SEC. 109. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE 
              ENFORCEMENT GRANTS.

    (a) Reauthorization.--Section 40295(c)(1) of the Violence Against 
Women Act of 1994 (42 U.S.C. 13971(c)(1)) is amended to read as 
follows:
            ``(1) In general.--There is authorized to be appropriated 
        from the Violent Crime Reduction Trust Fund established under 
        section 310001 of the Violent Crime Control and Law Enforcement 
        Act of 1994 (42 U.S.C. 14211) to carry out this section 
        $35,000,000 for each of fiscal years 1999 through 2002.''.
    (b) Indian Tribes.--Section 40295(c) of the Violence Against Women 
Act of 1994 (42 U.S.C. 13971(c)) is amended by adding at the end the 
following:
            ``(3) Allotment for indian tribes.--
                    ``(A) In general.--Not less than 5 percent of the 
                total amount made available to carry out this section 
                for each fiscal year shall be available for grants to 
                Indian tribal governments.
                    ``(B) Reallotment of funds.--If, beginning 9 months 
                after the last day of any fiscal year for which amounts 
                are made available to carry out this paragraph, any 
                amount made available under this paragraph remains 
                unobligated, the unobligated amount may be allocated 
                without regard to subparagraph (A).''.

SEC. 110. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

    (a) Reauthorization.--Section 40603 of the Violence Against Women 
Act of 1994 (42 U.S.C. 14032) is amended to read as follows:

``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated from the Violent Crime 
Reduction Trust Fund established under section 310001 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to 
carry out this subtitle $3,000,000 for each of fiscal years 1999 
through 2002.''.
    (b) Technical Amendment.--Section 40602(a) of the Violence Against 
Women Act of 1994 (42 U.S.C. 14031 note) is amended by inserting ``and 
implement'' after ``improve''.

SEC. 111. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES.

    (a) Interstate Domestic Violence.--Section 2261(a) of title 18, 
United States Code, is amended to read as follows:
    ``(a) Offenses.--
            ``(1) Travel or conduct of offender.--A person who travels 
        in interstate or foreign commerce or to or from Indian country 
        with the intent to injure, harass, or intimidate a spouse or 
        intimate partner, and who, in the course of or as a result of 
        such travel, commits or attempts to commit a crime of violence 
        against that spouse or intimate partner, shall be punished as 
        provided in subsection (b).
            ``(2) Causing travel of victim.--A person who causes a 
        spouse or intimate partner to travel in interstate or foreign 
        commerce or to or from Indian country by force, coercion, 
        duress, or fraud, and who, in the course of or as a result of 
        such conduct or travel, commits or attempts to commit a crime 
        of violence against that spouse or intimate partner, shall be 
        punished as provided in subsection (b).''.
    (b) Interstate Stalking.--Section 2261A of title 18, United States 
Code, is amended to read as follows:
``Sec. 2261A. Interstate stalking
    ``Whoever--
            ``(1) with the intent to injure, harass, or intimidate 
        another person, engages in the special maritime and territorial 
        jurisdiction of the United States in conduct that places that 
        person in reasonable fear of the death of, or serious bodily 
        injury to, that person or a member of that person's immediate 
family (as defined in section 115); or
            ``(2) with the intent to injure, harass, or intimidate 
        another person, travels in interstate or foreign commerce or to 
        or from Indian country, and in the course of or as a result of 
        such travel engages in conduct that places that person in 
        reasonable fear of the death of, or serious bodily injury to, 
        that person or a member of that person's immediate family (as 
        defined in section 115),
shall be punished as provided in section 2261.''.
    (c) Interstate Violation of Protection Order.--Section 2262(a) of 
title 18, United States Code, is amended to read as follows:
    ``(a) Offenses.--
            ``(1) Travel or conduct of offender.--A person who travels 
        in interstate or foreign commerce or to or from Indian country 
        with the intent to engage in conduct that violates the portion 
        of a protection order that prohibits or provides protection 
        against violence, threats, or harassment against, contact or 
        communication with, or physical proximity to, another person, 
        or that would violate such a portion of a protection order in 
        the jurisdiction in which the order was issued, and 
        subsequently engages in such conduct, shall be punished as 
        provided in subsection (b).
            ``(2) Causing travel of victim.--A person who causes 
        another person to travel in interstate or foreign commerce or 
        to or from Indian country by force, coercion, duress, or fraud, 
        and in the course of or as a result of such conduct or travel 
        engages in conduct that violates the portion of a protection 
        order that prohibits or provides protection against violence, 
        threats, or harassment against, contact or communication with, 
        or physical proximity to, another person, or that would violate 
        such a portion of a protection order in the jurisdiction in 
        which the order was issued, shall be punished as provided in 
        subsection (b).''.
    (d) Definitions.--Section 2266 of title 18, United States Code, is 
amended--
            (1) by inserting after the first undesignated paragraph the 
        following:
        ```serious bodily injury' has the meaning stated in section 
        2119(2).''; and
            (2) by striking the final undesignated paragraph and 
        inserting the following:
        ```travel in interstate or foreign commerce' does not include 
        travel from 1 State to another by an individual who is a member 
        of an Indian tribe and who remains at all times in the 
        territory of the Indian tribe of which the individual is a 
        member.''.

        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

SEC. 201. LEGAL ASSISTANCE AND ATTORNEY VOLUNTEERS.

    (a) Grants.--The Attorney General shall make grants to public and 
private nonprofit entities--
            (1) to implement, expand, and establish cooperative efforts 
        and projects between domestic violence victim advocacy 
        organizations and civil legal assistance providers to 
        strengthen civil legal assistance for victims of domestic 
        violence; and
            (2) to implement, expand, and establish efforts and 
        projects to strengthen civil legal assistance for victims of 
        domestic violence by organizations with a demonstrated history 
        of responsive direct legal or advocacy services on behalf of 
        domestic violence victims.
    (b) National Network of Attorneys To Assist Victims of Violence 
Against Women.--
            (1) In general.--The Attorney General shall, either 
        directly or through contracts or grants to, or other 
        arrangements with, legal service providers, domestic violence 
        programs, rape crisis centers, bar associations, and other such 
        entities, establish, operate and maintain a network of 
        attorneys and lay advocates to provide legal assistance and 
        other guidance to victims of domestic violence and sexual 
        assault. The network shall--
                    (A) facilitate the designation, appointment or 
                assignment of qualified providers of legal assistance 
                to victims of domestic violence and sexual assault who 
                are not otherwise represented by counsel, and the 
                referral of victims to those providers;
                    (B) identify qualified providers of legal 
                assistance who deliver services under a pro bono, low 
                cost, or sliding scale of arrangement to victims of 
                domestic violence or sexual assault;
                    (C) coordinate with national, State, local, and 
                tribal networks of providers of legal assistance; and
                    (D) coordinate with and use the national domestic 
                violence hotline established under section 316 of the 
                Family Violence Prevention and Services Act, and other 
                hotlines, programs, and entities that provide for the 
                identification and referral for services of victims of 
domestic violence and sexual assault.
            (2) Duties of attorney general.--In carrying out paragraph 
        (1), the Attorney General shall--
                    (A) identify and recruit attorneys and other 
                providers of legal assistance to victims of domestic 
                violence and sexual assault, including promoting the 
                participation of the private bar in pro bono or low-
                cost representation of and assistance to victims of 
                domestic violence and sexual assault;
                    (B) promote and provide appropriate training and 
                technical assistance to providers of legal assistance 
                to victims of domestic violence and sexual assault; and
                    (C) recognize the accomplishments and efforts of 
                network participants in the provision of legal 
                assistance to victims of domestic violence and sexual 
                assault.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        from the Violent Crime Reduction Trust Fund established under 
        section 310001 of the Violent Crime Control and Law Enforcement 
        Act of 1994 (42 U.S.C. 14211) to carry out this section, 
        $20,000,000 for each of fiscal years 1999 through 2002.
            (2) Amounts.--Of the amount made available under this 
        subsection for each fiscal year, not more than $5,000,000 shall 
        be used by the Attorney General for initiatives under 
        subsection (b).
            (3) Nonsupplantation.--Amounts made available under this 
        subsection shall not be used to supplant other Federal, State, 
        and local public funds expended for services of the type 
        described in this section.

SEC. 202. SHELTERS FOR BATTERED WOMEN AND CHILDREN.

    (a) State Shelter Grants; Direct Emergency Assistance.--Section 303 
of the Family Violence Prevention and Services Act (42 U.S.C. 10402) is 
amended--
            (1) in subsection (a)(2)--
                    (A) by redesignating subparagraph (G) as 
                subparagraph (H); and
                    (B) by inserting after subparagraph (F) the 
                following:
                    ``(G) 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 application; and''; and
            (2) in subsection (c)--
                    (A) by striking ``No funds provided'' and inserting 
                ``(1) Except as provided in paragraph (2), no funds 
                provided''; and
                    (B) by inserting after the period the following:
    ``(2) Not more than 1 percent of the funds appropriated to carry 
out this section and distributed under subsection (a) or (b) may be 
used to provide emergency assistance, such as transportation and 
housing assistance, directly to victims of family violence, or to the 
dependents of such victims, who are in the process of fleeing an 
abusive situation. Any entity that provides such assistance shall 
annually prepare and submit to the Secretary a report specifying, and 
describing the distribution of, funds provided pursuant to this 
paragraph. The report shall not contain information identifying an 
individual recipient of such assistance.''.
    (b) State Minimum; Reallotment.--Section 304 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10403) is amended--
            (1) in subsection (a), by striking ``for grants to States 
        for any fiscal fiscal year'' and all that follows and inserting 
        the following: ``and available for grants to States under this 
        subsection for any fiscal year--
            ``(1) Guam, American Samoa, the United States Virgin 
        Islands, the Commonwealth of the Northern Mariana Islands, and 
        the combined Freely Associated States shall each be allotted 
        not less than \1/8\ of 1 percent of the amounts available for 
        grants under section 303(a) for the fiscal year for which the 
        allotment is made; and
            ``(2) each State shall be allotted for payment in a grant 
        authorized under section 303(a) $500,000, with the remaining 
        funds to be allotted to each State in an amount that bears the 
        same ratio to such remaining funds as the population of such 
        State bears to the population of all States.'';
            (2) in subsection (c), in the first sentence, by inserting 
        ``and available'' before ``for grants'';
            (3) in subsection (d)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by inserting after paragraph (1) the following:
    ``(2) If, at the end of the sixth month of a fiscal year for which 
sums are appropriated under section 310--
            ``(A) the entire portion of such sums that is made 
        available for grants under section 303(b) has not been 
        distributed to Indian tribes and organizations described in 
        section 303(b) in grants because of the failure of 1 or more of 
        the tribes or organizations to meet the requirements for such a 
        grant, the Secretary shall--
                    ``(i) use the remainder of the portion to make 
                grants under section 303(b) to Indian tribes and 
                organizations who meet the requirements; and
                    ``(ii) make the grants in proportion to the 
                original grants made to the tribes and organizations 
                under section 303(b) for such year.''; and
                    (C) in paragraph (3) (as redesignated in 
                subparagraph (A)) by inserting ``or distribution under 
                section 303(b)'' after ``303(a)''; and
            (4) by adding at the end the following:
    ``(e) In subsection (a)(2), the term `State' does not include any 
jurisdiction specified in subsection (a)(1).''.
    (c) Secretarial Responsibilities.--Section 305(a) of the Family 
Violence Prevention and Services Act (42 U.S.C. 10404(a)) is amended--
            (1) by striking ``an employee'' and inserting ``1 or more 
        employees'';
            (2) by striking ``of this title.'' and inserting ``of this 
        title, including carrying out evaluation and monitoring under 
        this title.''; and
            (3) by striking ``individual'' and inserting 
        ``individuals''.
    (d) Resource Centers.--Section 308 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10407) is amended--
            (1) in subsection (a)(2)--
                    (A) by striking the following:
            ``(2) Grants.--From the amounts'' and inserting the 
        following:
            ``(2) Grants.--
                    ``(A) Centers.--From the amounts'';
                    (B) by inserting ``on providing information, 
                training, and technical assistance'' after 
                ``focusing''; and
                    (C) by inserting after the period the following:
                    ``(B) Initiatives.--From such amounts, the 
                Secretary may award grants to private nonprofit 
                organizations for information, training, and technical 
                assistance initiatives in the subject areas identified 
                in subsection (c), if--
                            ``(i) such initiatives do not duplicate the 
                        activities of the entities operating the 
                        special issue resource centers provided for in 
                        subsection (c); and
                            ``(ii) the total amounts awarded for all 
                        such initiatives do not exceed the lesser of 
                        $500,000 or 7 percent of the funds appropriated 
                        for making grants under this section.''; and
            (2) in subsection (c), by adding at the end the following:
            ``(8) Providing technical assistance and training to local 
        entities carrying out domestic violence programs that provide 
        shelter or related assistance.
            ``(9) Improving access to services, information, and 
        training, concerning family violence, within Indian tribes and 
        Indian tribal agencies.
            ``(10) Responding to emerging issues in the field of family 
        violence that the Secretary may identify in consultation with 
        advocates for local entities carrying out domestic violence 
        programs that provide shelter or related assistance, State 
        domestic violence coalitions, and national domestic violence 
        organizations.''.
    (e) Reauthorization.--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.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this title--
                    ``(A) $120,000,000 for fiscal year 1999;
                    ``(B) $150,000,000 for fiscal year 2000;
                    ``(C) $175,000,000 for fiscal year 2001; and
                    ``(D) $175,000,000 for fiscal year 2002.
            ``(2) Source of funds.--Amounts made available under 
        paragraph (1) may be appropriated from the Violent Crime 
        Reduction Trust Fund established under section 310001 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14211).''.
    (f) Limitation on Funds.--Section 310 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10409), as amended by subsection 
(e), is further amended--
            (1) in subsection (b), by striking ``under subsection 
        303(a)'' and inserting ``under section 303(a)'';
            (2) in subsection (c), by inserting ``not more than the 
        lesser of $7,500,000 or'' before ``5'';
            (3) in subsection (d)--
                    (A) by striking the following:
    ``(d) Grants for State Coalitions.--Of the amounts'' and inserting 
the following:
    ``(d) Grants for State Coalitions.--
            ``(1) In general.--Except as provided in paragraph (2), of 
        the amounts''; and
                    (B) by inserting after the period the following:
            ``(2) Appropriations exceeding $110,000,000.--If the total 
        amount appropriated under subsection (a) for a fiscal year 
        exceeds $110,000,000, the Secretary shall use, for making 
        grants under section 311, not less than--
                    ``(A) $11,000,000; plus
                    ``(B) 8 percent of the amount appropriated under 
                such subsection for such fiscal year in excess of 
                $110,000,000.'';
            (4) by redesignating subsection (e) as subsection (f); and
            (5) by inserting after subsection (d) the following:
    ``(e) Evaluation, Monitoring, and Administration.--Of the amounts 
appropriated under subsection (a) for each fiscal year, not more than 
$1,200,000 shall be used by the Secretary for evaluation, monitoring, 
and administrative costs under this title.''.
    (g) Needs Assessment.--Title III of the Family Violence Prevention 
and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the 
end the following:

``SEC. 319. NEEDS ASSESSMENT.

    ``In carrying out this title, the Secretary shall provide for the 
conduct of a nationwide needs assessment relating to the programs 
carried out under this title.''.
    (h) Model Leadership Grants for Domestic Violence Intervention in 
Underserved Communities.--
            (1) In general.--Title III of the Family Violence 
        Prevention and Services Act (42 U.S.C. 10401 et seq.), as 
        amended by subsection (g), is further amended by adding at the 
        end the following:

``SEC. 320. MODEL LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE INTERVENTION 
              IN UNDERSERVED COMMUNITIES.

    ``(a) Grants.--
            ``(1) In general.--The Secretary may award grants to 
        develop and implement model community intervention strategies 
        to address family violence in underserved populations (as such 
        term is defined in section 2003 of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2)).
            ``(2) Limitations.--In awarding grants under paragraph (1), 
        the Secretary shall award grants to not more than 10 State 
        domestic violence coalitions and to not more than 10 local 
        entities that carry out domestic violence programs providing 
        shelter or related assistance.
            ``(3) Purposes.--Grants awarded under paragraph (1) shall 
        be used for--
                    ``(A) assessing the needs of underserved 
                populations in the State involved;
                    ``(B) building collaborative relationships between 
                the grant recipients and community-based organizations 
                serving underserved populations; and
                    ``(C) developing and implementing model community 
                intervention strategies to decrease the incidence of 
                family violence in underserved populations.
            ``(4) Periods.--The Secretary shall award grants under 
        paragraph (1) for periods of not more than 3 years.
    ``(b) Eligibility.--
            ``(1) Initial eligibility.--To be eligible for an initial 
        year of funding through a grant awarded under subsection 
        (a)(1), an applicant shall--
                    ``(A) submit to the Secretary an application 
                containing an acceptable plan for assessing the needs 
                of underserved populations for the model community 
                intervention strategies described in subsection 
                (a)(3)(C), and identifying a specific population for 
                development of such an intervention strategy, in the 
                first year of the grant; and
                    ``(B) demonstrate to the Secretary inclusion of 
                representatives from community-based organizations in 
                underserved communities in planning and designing the 
                needs assessment under subparagraph (A).
            ``(2) Continued eligibility.--To be eligible for continued 
        funding for not more than 2 additional years through a grant 
        awarded under subsection (a)(1), a recipient of funding for the 
        initial year shall submit to the Secretary an application 
        containing--
                    ``(A) a plan for implementing the intervention 
                strategy, and specifying the collaborative 
                relationships with community-based organizations 
                serving the identified underserved populations to be 
                supported under the grant; and
                    ``(B) a plan for disseminating the intervention 
                strategy throughout the State and, at the option of the 
                recipient, to other States.
    ``(c) Priority for Collaborative Funding.--
            ``(1) In general.--In awarding grants under subsection 
        (a)(1), the Secretary shall give priority to State domestic 
        violence coalitions, and local entities that carry out domestic 
        violence programs, that submit applications in collaboration 
        with community-based organizations serving underserved 
        populations.
            ``(2) Amounts.--The Secretary shall award grants under 
        subsection (a)(1) to coalitions and entities described in 
        paragraph (1) in amounts of not less than $100,000 per fiscal 
        year.''.
            (2) Authorization of appropriations.--Section 310 of the 
        Family Violence Prevention and Services Act (42 U.S.C. 10409), 
        as amended by subsection (f), is further amended--
                    (A) by redesignating subsection (f) as subsection 
                (g); and
                    (B) by inserting after subsection (e) the 
                following:
    ``(f) Redistribution of Funds Available Due to Certain 
Limitations.--
            ``(1) Appropriations exceeding $110,000,000.--Except as 
        provided in paragraph (2), if the total amount appropriated 
        under subsection (a) for a fiscal year exceeds $110,000,000, 
        the Secretary shall use not less than 2 percent of the amount 
        appropriated under such subsection for such fiscal year in 
        excess of $110,000,000 for making grants under section 303 or 
        320.
            ``(2) Appropriations exceeding $150,000,000.--If the total 
        amount appropriated under subsection (a) for a fiscal year 
        exceeds $150,000,000, the Secretary shall use not less than 7 
        percent of the amount appropriated under such subsection for 
        such fiscal year in excess of $150,000,000 for making grants 
        under section 303 or 320.''.
    (i) Conforming Amendments.--
            (1) Section 303(b)(2) of the Family Violence Prevention and 
        Services Act (42 U.S.C. 10402(b)(2)) is amended, in the second 
        sentence, by striking ``(D), (E) and (F)'' and inserting ``(D), 
        (E), (F), and (G)''.
            (2) Section 306 of the Family Violence Prevention and 
        Services Act (42 U.S.C. 10405) is amended, in the second 
        sentence, by striking ``section 303(a)(2)(B) through 
        303(a)(2)(F)'' and inserting ``subparagraphs (B) through (G) of 
        section 303(a)(2)''.
            (3) Section 309(6) of the Family Violence Prevention and 
        Services Act (42 U.S.C. 10408(6)) is amended by striking ``the 
        Virgin Islands, the Northern Mariana Islands, and the Trust 
        Territory of the Pacific Islands'' and inserting ``the United 
        States Virgin Islands, the Commonwealth of the Northern Mariana 
        Islands, and the combined Freely Associated States''.
            (4) Section 311(c) of the Family Violence Prevention and 
        Services Act (42 U.S.C. 10410(c)) is amended by striking ``the 
        U.S. Virgin Islands, the Northern Mariana Islands, and the 
        Trust Territory of the Pacific Islands'' and inserting ``the 
        United States Virgin Islands, the Commonwealth of the Northern 
        Mariana Islands, and the Freely Associated States''.

SEC. 203. VICTIMS OF ABUSE INSURANCE PROTECTION.

    (a) Definitions.--In this section--
            (1) Abuse.--The term ``abuse'' means the occurrence of 1 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 kidnaping.
                    (D) Attempting to cause or causing damage to 
                property so as to intimidate or attempt to control the 
                behavior of another person.
            (2) Adverse action.--The term ``adverse action'' means--
                    (A) denying, refusing to issue, renew, or reissue, 
                or canceling or otherwise terminating an insurance 
                policy or health benefit plan;
                    (B) restricting, excluding, or limiting insurance 
                or health benefit plan coverage or denying or limiting 
                payment of a claim incurred by an insured, except as 
                otherwise permitted or required by State laws relating 
                to life insurance beneficiaries; or
                    (C) adding a premium differential to any insurance 
                policy or health benefit plan.
            (3) Health benefit plan.--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 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).
            (4) Health carrier.--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.
            (5) Innocent insured.--The term ``innocent insured'' means 
        a subject of abuse who--
                    (A) is insured under the same policy as the abuser; 
                and
                    (B) is not, taking into account all the facts and 
                circumstances, the cause of any claim incurred or any 
                claim that may incur.
            (6) Insured.--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, including (for 
        purposes of group insurance) a person who is a beneficiary 
        covered by a group policy, certificate, or health benefit plan, 
        and including (for purposes of life insurance) the person whose 
        life is covered under an insurance policy.
            (7) Insurer.--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, and includes health benefit plans, health 
        carriers, and life, disability, and property and casualty 
        insurers.
            (8) Personal identifying information.--The term ``personal 
        identifying information'' means information that identifies an 
        individual, including an individual's photograph, social 
        security number, driver identification number, name, address, 
        telephone number, place of employment, and medical, disability, 
        or abuse status.
            (9) Policy.--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.
            (10) Subject of abuse.--The term ``subject of abuse'' means 
        a person--
                    (A) against whom an act of abuse has been directed;
                    (B) who has prior or current injuries, illnesses, 
                or disorders that resulted from abuse;
                    (C) who seeks, may have sought, or had reason to 
                seek medical or psychological treatment for abuse or 
                protection or shelter from abuse; or
                    (D) who has incurred or may incur a claim as a 
                result of abuse.
    (b) Acts Against Subjects of Abuse.--
            (1) Discriminatory acts prohibited.--
                    (A) In general.--No insurer may, directly or 
                indirectly, take any adverse action against an 
                applicant or insured 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.
                    (B) Innocent insured.--No insurer may, directly or 
                indirectly, take any adverse action against an innocent 
                insured.
            (2) Reasons for adverse actions.--An insurer that takes an 
        adverse action against a known subject of abuse shall advise 
        the applicant or insured of the specific reasons for the action 
        in writing. Reference to general underwriting practices or 
        guidelines shall not constitute a specific reason.
            (3) Use of information.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an insurer, and any officer, employee, or 
                contractor thereof, shall not knowingly disclose or 
                otherwise make available to any person or entity 
                personal identifying information about a subject of 
                abuse.
                    (B) Exception.--Personal identifying information 
                referred to in subparagraph (A) may be disclosed--
                            (i) with the informed, written consent of 
                        the subject of abuse at the time the disclosure 
                        is sought;
                            (ii) if such information is necessary for 
                        the provision of or the payment for services 
                        provided by the insurer or is incident to the 
                        ordinary course of business of the insurer; or
                            (iii) to a law enforcement agency pursuant 
                        to a warrant issued under the Federal Rules of 
                        Criminal Procedure, an equivalent State 
                        warrant, a grand jury subpoena, or a court 
                        order.
                    (C) Rule of construction.--Nothing in subparagraph 
                (B) shall be construed to permit an insurer to disclose 
                personal identifying information about a subject of 
                abuse to a current or former household or family 
                member, intimate partner, or caretaker of the subject 
                of abuse.
    (c) Enforcement.--
            (1) Federal trade commission.--
                    (A) In general.--The Federal Trade Commission shall 
                have the power to examine and investigate any insurer 
                to determine whether such insurer has been, or is, in 
                violation of subsection (b) if the violation involved 
                is not prohibited under other Federal or State law or 
                is prohibited under State law but in the opinion of the 
                Commission is not being enforced by the State.
                    (B) Remedies.--If the Federal Trade Commission 
                determines that an insurer has been, or is, in 
                violation of subsection (b)--
                            (i) in the case of a violation of Federal 
                        or State law, the Commission shall transmit 
                        such information to the appropriate enforcement 
                        authority; and
                            (ii) in the case of a violation that is not 
                        prohibited under other Federal or State law, or 
                        is prohibited under State law but in the 
                        opinion of the Commission is not being enforced 
                        by the State, the Commission may take action 
                        against such insurer as if the insurer was in 
                        violation of section 5 of the Federal Trade 
                        Commission Act by issuing a cease and desist 
                        order, which may include any individual relief 
                        warranted under the circumstances, including 
                        temporary, preliminary, and permanent 
                        injunctive and compensatory relief.
            (2) Private cause of action.--
                    (A) In general.--An applicant or insured who 
                believes that the applicant or insured has been 
                affected by a violation under subsection (b) may bring 
                an action against the insurer in a Federal or State 
                court of original jurisdiction.
                    (B) Remedies.--In an action under subparagraph (A), 
                upon proof of conduct of a violation of subsection (b) 
                by a preponderance of the evidence, the court may award 
                appropriate relief, including--
                            (i) temporary, preliminary, and permanent 
                        injunctive relief;
                            (ii) actual damages, in an amount that is 
                        not less than liquidated damages in the amount 
                        of $5,000 per violation;
                            (iii) punitive damages;
                            (iv) reasonable attorneys' fees and other 
                        litigation costs reasonably incurred, including 
                        the costs of expert witnesses; and
                            (v) such other preliminary and equitable 
                        relief as the court determines to be 
                        appropriate.
    (d) Rule of Construction.--Nothing in this section 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.
    (e) Effective Date.--This section shall apply with respect to any 
action taken after December 31, 1998.

SEC. 204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

    (a) 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 
        from the Violent Crime Reduction Trust Fund established under 
        section 310001 of the Violent Crime Control and Law Enforcement 
        Act of 1994 (42 U.S.C. 14211) to carry out 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; and
                    ``(D) $2,000,000 for fiscal year 2002.''.
    (b) Report by Grantees.--Section 316 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10416) is amended by adding at 
the end the following:
    ``(g) Report by Grantees.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this subsection, each recipient of a grant under 
        this section shall prepare and submit a report to the Secretary 
        that evaluates the effectiveness of the use of amounts received 
        by the recipient under this section and containing such other 
        information as the Secretary may prescribe.
            ``(2) Notice and public comment.--Before renewing any grant 
        under this section, the Secretary shall publish in the Federal 
        Register a copy of each report submitted under this subsection 
        and provide not less than 90 days for notice and opportunity 
        for public comment on the published report.''.

SEC. 205. FEDERAL VICTIMS' COUNSELORS.

    Section 40114 of the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322; 108 Stat. 1910)) is amended by striking 
``Columbia)--'' and all that follows before the period and inserting 
``Columbia) $1,000,000 for each of fiscal years 1999 through 2002''.

SEC. 206. BATTERED WOMEN'S EMPLOYMENT PROTECTION.

    (a) Entitlement to Leave for Non-Federal Employees.--
            (1) Definitions.--Section 101 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the 
        end the following:
            ``(14) Addressing domestic violence and its effects.--The 
        term `addressing domestic violence and its effects' means--
                    ``(A) seeking medical attention for or recovering 
                from injuries caused by domestic violence;
                    ``(B) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding, related to 
                domestic violence;
                    ``(C) obtaining psychological or other counseling 
                related to experiences of domestic violence;
                    ``(D) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, including temporary or permanent relocation;
                    ``(E) an inability to attend or perform work due to 
                an incident of domestic violence, including an act or 
                threat of violence, stalking, coercion, or harassment, 
                occurring within the previous 72 hours; and
                    ``(F) participating in any other activity 
                necessitated by domestic violence that must be 
                undertaken during the hours of employment involved.
            ``(15) Domestic violence.--The term `domestic violence' has 
        the meaning given such term in section 2003 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
        2).''.
            (2) Leave requirement.--Section 102 of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2612) is amended--
                    (A) in subsection (a)(1), by adding at the end the 
                following:
                    ``(E) In order to care for the son, daughter, or 
                parent of the employee, if such son, daughter, or 
                parent is addressing domestic violence and its effects.
                    ``(F) Because the employee is addressing domestic 
                violence and its effects, which make the employee 
                unable to perform the functions of the position of such 
                employee.'';
                    (B) in subsection (b), 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 eligible 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.'';
                    (C) in subsection (d)(2)(B), by striking ``(C) or 
                (D)'' and inserting ``(C), (D), (E), or (F)''; and
                    (D) in subsection (e)(2), by striking ``or (D)'' 
                and inserting ``, (D), (E), or (F)''.
            (3) Certification.--Section 103 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2613) is amended--
                    (A) in the title of the section, by inserting 
                before the period the following: ``; confidentiality''; 
                and
                    (B) by adding at the end the following:
    ``(f) 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 involved, such 
        as a police or court record, or documentation of the domestic 
        violence from a shelter worker, attorney, member of the 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 
        that provide the basis for the claim of domestic violence, or 
        physical evidence of domestic violence, such as a photograph or 
        torn or bloody clothing.
    ``(g) Confidentiality.--All evidence provided to the employer under 
subsection (f) of domestic violence experienced by an employee or the 
son, daughter, or parent of an employee, including a statement of an 
employee, any corroborating evidence, and the fact that an employee has 
requested leave for the purpose of addressing, or caring for a son, 
daughter, or parent who is addressing, domestic violence and its 
effects, shall be retained in the strictest confidence by the employer, 
except to the extent that disclosure is consented to by the employee in 
a case in which disclosure is necessary to protect the safety of the 
employee or a co-worker of the employee, or requested by the employee 
to document domestic violence to a court or agency.''.
    (b) Entitlement to Leave for Federal Employees.--
            (1) Definitions.--Section 6381 of title 5, United States 
        Code, is amended--
                    (A) at the end of paragraph (5), by striking 
                ``and'';
                    (B) in paragraph (6), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) the term `addressing domestic violence and its 
        effects' means--
                    ``(A) seeking medical attention for or recovering 
                from injuries caused by domestic violence;
                    ``(B) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding, related to 
                domestic violence;
                    ``(C) obtaining psychological or other counseling 
                related to experiences of domestic violence;
                    ``(D) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, including temporary or permanent relocation;
                    ``(E) an inability to attend or perform work due to 
                an incident of domestic violence, including an act or 
                threat of violence, stalking, coercion, or harassment, 
                occurring within the previous 72 hours; and
                    ``(F) participating in any other activity 
                necessitated by domestic violence that must be 
                undertaken during the hours of employment involved.
            ``(15) Domestic violence.--The term `domestic violence' has 
        the meaning given the term in section 2003 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2).''.
            (2) Leave requirement.--Section 6382 of title 5, United 
        States Code, is amended--
                    (A) in subsection (a)(1), by adding at the end the 
                following:
            ``(E) In order to care for the son, daughter, or parent of 
        the employee, if such son, daughter, or parent is addressing 
        domestic violence and its effects.
            ``(F) Because the employee is addressing domestic violence 
        and its effects, which make the employee unable to perform the 
        functions of the position of such employee.'';
                    (B) in subsection (b), 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.'';
                    (C) in subsection (d), by striking ``(C), or (D)'' 
                and inserting ``(C), (D), (E), or (F)''; and
                    (D) in subsection (e)(2), by striking ``or (D)'' 
                and inserting ``, (D), (E), or (F)''.
            (3) Certification.--Section 6383 of title 5, United States 
        Code, is amended--
                    (A) in the title of the section, by adding at the 
                end the following: ``; confidentiality''; and
                    (B) by adding at the end the following:
    ``(f) In determining if an employee meets the requirements of 
subparagraph (E) or (F) of section 6382(a)(1), the employing agency of 
an employee may require the employee to provide--
            ``(1) documentation of the domestic violence involved, such 
        as a police or court record, or documentation of the domestic 
        violence from a shelter worker, attorney, member of the 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 
        that provide the basis for the claim of domestic violence, or 
        physical evidence of domestic violence, such as a photograph or 
        torn or bloody clothing.
    ``(g) All evidence provided to the employing agency under 
subsection (f) of domestic violence experienced by an employee or the 
son, daughter, or parent of an employee, including a statement of an 
employee, any corroborating evidence, and the fact that an employee has 
requested leave for the purpose of addressing, or caring for a son, 
daughter, or parent who is addressing, domestic violence and its 
effects, shall be retained in the strictest confidence by the employing 
agency, except to the extent that disclosure is consented to by the 
employee in a case in which disclosure is necessary to protect the 
safety of the employee or a co-worker of the employee, or requested by 
the employee to document domestic violence to a court or agency.''.
    (c) Effect on Other Laws and Employment Benefits.--
            (1) More protective laws, agreements, programs, and 
        plans.--Nothing in this section or the amendments made by this 
        section shall be construed to supersede any provision of any 
        Federal, State, or local law, collective bargaining agreement, 
        or other employment benefit program or plan that provides 
        greater leave benefits for employed victims of domestic 
        violence than the rights established under this section or such 
        amendments.
            (2) Less protective laws, agreements, programs, and 
        plans.--The rights established for employees under this section 
        or the amendments made by this section shall not be diminished 
        by any State or local law, collective bargaining agreement, or 
        employment benefit program or plan.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect on the date that is 180 days after the date 
of enactment of this Act.

SEC. 207. ENSURING UNEMPLOYMENT COMPENSATION.

    (a) Unemployment Compensation.--Section 3304 of the Internal 
Revenue Code of 1986 is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (18);
                    (B) by redesignating paragraph (19) as paragraph 
                (20); and
                    (C) by inserting after paragraph (18) the 
                following:
            ``(19) 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; and''; and
            (2) by adding at the end the following:
    ``(g) Construction.--
            ``(1) In general.--For purposes of subsection (a)(19), an 
        employee's separation from employment shall be treated as due 
        to circumstances directly resulting from the individual's 
        experience of domestic violence if the separation resulted 
        from--
                    ``(A) the employee's reasonable fear of future 
                domestic violence at or en route to or from the 
                employee's 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 
                subparagraphs (E) and (F) of section 102(a)(1) of the 
                Family and Medical Leave Act of 1993; or
                    ``(E) any other circumstance 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) Reasonable efforts to retain employment.--For 
        purposes of subsection (a)(19), if State law requires the 
        employee to have made reasonable efforts to retain employment 
        as a condition for receiving unemployment compensation, such 
        requirement shall be met if the employee--
                    ``(A) sought protection from, or assistance in 
                responding to, domestic violence, including calling the 
                police or seeking legal, social work, medical, 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 
                taking a leave of absence, transferring jobs, or 
                receiving an alternative work schedule would not be 
                sufficient to guarantee the employee or the employee's 
                family's safety.
            ``(3) Active search for employment.--For purposes of 
        subsection (a)(19), if 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 treated as met where the employee is 
        temporarily unable to actively search for employment because 
        the employee is engaged in seeking safety or relief for the 
        employee or the employee's family from domestic violence, 
        including--
                    ``(A) going into hiding or relocating or attempting 
                to do so, including activities associated with such 
                hiding or relocation, 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) Provision of information to meet certain 
        requirements.--In determining if an employee meets the 
        requirements of paragraphs (1), (2), and (3), the unemployment 
        agency of the State in which an employee is requesting 
        unemployment compensation by reason of subsection (a)(19) 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 an employee 
                of a domestic violence program, an attorney, a clergy 
                member, or a 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.
        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 by reason of subsection 
        (a)(19) shall be retained in the strictest confidence by such 
        State unemployment agency, except to the extent consented to by 
        the employee where disclosure is necessary to protect the 
        employee's safety.
            ``(5) Effect of claims.--Claims filed for unemployment 
        compensation solely by reason of subsection (a)(19) shall be 
        disregarded in determining an employer's State unemployment 
        taxes based on unemployment experience.''.
    (b) Social Security Personnel Training.--Section 303(a) of the 
Social Security Act (42 U.S.C. 503(a)) is amended by redesignating 
paragraphs (4) through (10) as paragraphs (5) through (11), 
respectively, and by 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 claims for unemployment 
        compensation based on domestic violence under section 
        3304(a)(20) of the Internal Revenue Code of 1986 and in methods 
        of ascertaining and keeping confidential information about 
        possible experiences of domestic violence to ensure that 
        requests for unemployment compensation based on domestic 
        violence are reliably screened, identified, and adjudicated, 
        and to ensure that complete 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.--For purposes of this chapter, the term 
`domestic violence' has the meaning given such term in section 2003 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796gg-2).''.
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply in the case of 
        compensation paid for weeks beginning 180 days after the date 
        of enactment of this Act.
            (2) Meeting of state legislature.--If the Secretary of 
        Labor identifies a State as requiring a change to its statutes 
        or regulations in order to comply with the amendments made by 
        this section, the amendments made by this Act shall apply in 
        the case of compensation paid for weeks beginning after the 
        earlier of--
                    (A) the date the State changes its statutes or 
                regulations in order to comply with the amendments made 
                by this section; or
                    (B) the end of the first session of the State 
                legislature which begins after the date of enactment of 
                this Act or which began prior to such date and remained 
                in session for not less than 25 calendar days after 
                such date;
        except that in no case shall the amendments made by this Act 
        apply before the date which is 180 days after the date of 
        enactment of this Act. For purposes of the preceding sentence, 
        the term ``session'' means a regular, special, budget, or other 
        session of a State legislature.

SEC. 208. BATTERED IMMIGRANT WOMEN.

    (a) Findings.--Congress finds that--
            (1) the goal of the immigration protections for battered 
        immigrants included in the Violence Against Women Act of 1994 
        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 section 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) 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).''.
    (d)(1) 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.''.
    (2) 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)(1) Section 204A(b)(2) of the Immigration and Nationality Act is 
amended by adding at the end the following:
                    ``(F) 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.
                    ``(G) 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.''.
    (2) Section 212(h) 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.''.
    (3) Section 212(a)(2)(A)(ii) of the Immigration and Nationality Act 
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.''.
    (4) 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.''.
    (5) 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.''.
    (6) 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).''.
    (f)(1) Section 204(a)(1)(A)(iii) of the Immigration and Nationality 
Act is amended to read as follows:
                            ``(iii) An alien--
                                    ``(I)(aa) who is the spouse of a 
                                citizen or lawful permanent resident of 
                                the United States, or
                                    ``(bb) (1) who believed he or she 
                                had married a citizen or lawful 
                                permanent resident of the United 
                                States; (2) who actually performed a 
                                marriage ceremony with such citizen or 
                                lawful permanent resident of the United 
                                States; and (3) who otherwise meets any 
                                applicable requirements under this Act 
                                to establish the existence of and bona 
                                fides of a marriage; but (4) whose 
                                marriage is not legitimate solely 
                                because of the bigamy of such citizen 
                                or lawful permanent resident of the 
                                United States;
                                    ``(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 bigamy of the citizen or lawful 
                                permanent resident of the United States 
                                that the alien intended to 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.''.
    (2) Section 204(a)(1)(A) of the Immigration and Nationality Act is 
further amended--
            (A) by inserting ``(or if the alien's spouse is a member of 
        the United States Armed Forces stationed abroad on active duty 
        the alien may file a petition at a United States consulate 
abroad)'' after ``Attorney General'' the first place it appears; and
            (B) 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 stationed abroad on active duty)'' after 
        ``and who has resided in the United States with the alien's 
        spouse''.
    (3) 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)''.
    (4) Section 204(a)(1)(A) of the Immigration and Nationality Act is 
further amended--
            (A) 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
            (B) 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''.
    (5) 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''.
    (6) Section 204(a)(1)(B) of the Immigration and Nationality Act is 
amended--
            (A) 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
            (B) 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''.
    (7) Section 204(a)(1)(B) of the Immigration and Nationality Act is 
amended--
            (A) 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
            (B) 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''.
    (8) 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 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 of 
                        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.''.
    (g)(1) 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''.
    (2) 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''.
    (3) Section 2001(b) of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended--
            (A) at the end of paragraph (6) by striking ``and'';
            (B) at the end of paragraph (7) by striking the period and 
        inserting ``; and''; and
            (C) by inserting after paragraph (7) the following new 
        paragraph:
            ``(8) training justice system personnel on the immigration 
        provisions of the Violence Against Women Act 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.''.
    (4) 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''.
    (5) 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.''.
    (h)(1) Section 245 of the Immigration and Nationality Act (8 U.S.C. 
1255) is amended--
            (A) in subsection (a), by inserting ``, or the status of 
        any other alien having an approved petition for classification 
        under subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) of 
        section 204(a)(1),'' after ``into the United States'';
            (B) in subsections (c)(2) and (c)(4) by inserting ``or an 
        alien having an approved petition for classification under 
        subparagraph (A)(III), (A)(iv), (B)(ii) or (B)(iii) of section 
        204(a)(1),'' after ``other than an immediate relative as 
        defined in section 201(b)'' each place it appears;
            (C) in subsection (c)(5), by inserting ``(other than an 
        alien having an approved petition for classification under 
        subparagraph (A)(III), (A)(iv), (B)(ii) or (B)(iii) of section 
        204(a)(1)),'' after ``an alien''; and
            (D) in subsection (c)(8), by inserting ``(other than an 
        alien having an approved petition for classification under 
        subparagraph (A)(III), and (A)(iv), (B)(ii) or (B)(iii) of 
        section 204(a)(1)),'' after ``any alien''.
    (2) The amendments made by paragraph (1) shall apply to 
applications for adjustment of status pending on or after the date of 
enactment of this Act.
    (i)(1)(A) Paragraph (1) of section 240A(d) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(d)(1)) is amended to read as follows:
            ``(1) Termination of continuous period.--
                    ``(A) In general.--Except as provided in 
                subparagraph (b), for purposes of this section, any 
                period of continuous residence or continuous physical 
                presence in the United States shall be deemed to end 
                when the alien is served a notice to appear under 
                section 239(a) or when the alien has committed an 
                offense referred to in section 212(a)(2) that renders 
                the alien inadmissible to the United States under 
                section 212(a)(2) or removable from the United States 
                under section 237(a)(2) or 237(a)(4), whichever is 
                earliest.
                    ``(B) Special rule for battered spouse or child.--
                For purposes of subsection (b)(2), the service of a 
                notice to appear referred to in subparagraph (A) shall 
                not be deemed to end any period of continuous physical 
                presence in the United States.''.
    (B) Section 240A(c)(3) of the Immigration and Nationality Act (8 
U.S.C. 1229b(d)(1)) is amended by adding at the end the following new 
subsection:
                    ``(C) Aliens in removal proceedings who applied for 
                cancellation of removal under section 240A(b)(2).''.
    (C) The amendments made by subparagraphs (A) and (B) 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).
    (2)(A) 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--
            (i) 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
            (ii) 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).''.
    (B) The amendments made by subparagraph (A) 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).
    (3) 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 applying for cancellation of removal under subsection 
        (b)(2), the Attorney General may waive the provisions of this 
        subsection for humanitarian purposes, provided that the alien 
        demonstrates a substantial connection between the absences and 
        the battery or extreme cruelty forming the basis of the 
        application for cancellation of removal.''.
    (j) Within six months of the enactment of this Act, the Attorney 
General shall report to the Committees on the Judiciary of the Senate 
and House of Representatives on--
            (1) the number of and processing times of VAWA petitions at 
        INS District Offices and at the INS Regional Office in St. 
        Albans, Vermont;
            (2) INS policy and procedures by which an immigrant who is 
        eligible for suspension of deportation or cancellation of 
        removal under can place herself in deportation proceedings so 
        that she may apply for suspension of deportation or 
        cancellation of removal; and
             (3) the average length of time at each INS office between 
        the date that an immigrant eligible for suspension of 
        deportation or cancellation of removal asks to be placed in 
        deportation, and the date that immigrant appears before an 
        immigration judge to file an application for suspension of 
        deportation or cancellation of removal.
    (k) 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 that 
                        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. 209. OLDER WOMEN'S PROTECTION FROM VIOLENCE.

    (a) Violence Against Women Act Amendments.--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.''.
    (b) Family Violence Prevention and Services Act Amendments.--
            (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.''.
            (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--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) 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.''.
            (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.
    (c) Older Americans Act of 1965 Amendments.--
            (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' has the meaning given 
        the term in section 2003 of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
            ``(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).''.
            (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--
                    (A) by striking ``and'' at the end of clause (i);
                    (B) by striking the period at the end of clause 
                (ii) and inserting ``; and''; and
                    (C) 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.''.
            (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''.
            (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) Training for Health Professionals on Screening for Elder 
Abuse, Neglect, and Exploitation.--
            ``(1) In general.--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) Training and curricula.--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.''.
            (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--
                    (A) by striking ``and'' at the end of paragraph 
                (11);
                    (B) by striking the period at the end of paragraph 
                (12) and inserting a semicolon; and
                    (C) 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.''.
            (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.''.
            (7) Community initiatives and outreach.--Title vii of the 
        Older Americans Act of 1965 (42 U.S.C. 3058 et seq.) is 
        amended--
                    (A) by redesignating subtitle C as subtitle D;
                    (B) by redesignating sections 761 through 764 as 
                sections 771 through 774, respectively; and
                    (C) 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.''.
    (d) Public Health Service Act Amendments.--
            (1) Title vii programs; preferences in financial awards.--
        Section 791 of the Public Health Service Act (42 U.S.C. 295j), 
        is amended by adding at the end the following:
    ``(c) 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).''.
            (2) 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:
    ``(f) 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).''.
            (3) Conforming amendment.--Section 411(f) of the Older 
        Americans Act of 1965 (as added by subsection (c)(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.''.

        TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

SEC. 301. SAFE HAVENS FOR CHILDREN.

    (a) In General.--The Attorney General may make grants to States and 
Indian tribal governments to enable States and Indian tribal 
governments to enter into contracts and cooperative agreements with 
public or private nonprofit entities to assist those entities in 
establishing and operating supervised visitation centers for purposes 
of facilitating supervised visitation and visitation exchange of 
children by and between parents.
    (b) Considerations.--In awarding grants under subsection (a), the 
Attorney General shall take into account--
            (1) the number of families to be served by the proposed 
        visitation center;
            (2) the extent to which the proposed supervised visitation 
        center serves underserved populations (as defined in section 
        2003 of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3796gg-2));
            (3) with respect to an applicant for a contract or 
        cooperative agreement, the extent to which the applicant 
        demonstrates cooperation and collaboration with nonprofit, 
        nongovernmental entities in the local community served, 
        including the State domestic violence coalition, State sexual 
        assault coalition, local shelters, and programs for domestic 
        violence and sexual assault victims;
            (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 section shall be 
        used to establish and operate supervised visitation centers.
            (2) Applicant requirements.--The Attorney General shall 
        award grants for 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 for contracts and 
        cooperative agreements under this section to States that 
        consider domestic violence in making a custody decision and 
        require findings on the record. An applicant awarded a contract 
        or cooperative agreement by a State that receives a grant under 
        this section shall--
                    (A) demonstrate recognized expertise in the area of 
                family violence and a record of high quality service to 
                victims of domestic violence and/or sexual assault;
                    (B) demonstrate collaboration with and support of 
                the State domestic violence coalition, sexual assault 
                coalition or local domestic violence and sexual assault 
                shelter or program in the locality in which 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) ensure that any fees charged to individuals for 
                use of services are based on an individual's income;
                    (E) 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
                    (F) described standards by which the supervised 
                visitation center will operate.
    (d) Reporting.--Not later than 120 days after the end of each 
fiscal year, the Attorney General shall submit to Congress a report 
that includes information concerning--
            (1) the number of individuals served and the number of 
        individuals turned away from services (categorized by State), 
        the number of individuals from underserved populations served 
        and turned away from services, and the type of problems that 
        underlie the need for supervised visitation or visitation 
        exchange, such as domestic violence, child abuse, sexual 
        assault, emotional or other physical abuse, 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 or protection order, through child 
        protection services or other social services agencies, or by 
        any other order of a civil, criminal, juvenile, or family 
        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 established under this section;
            (4) safety and security problems occurring during the 
        reporting period during supervised visitations or at visitation 
        centers including the number of parental abduction cases;
            (5) the number of parental abduction cases in a judicial 
        district using supervised visitation services, both as 
        identified in criminal prosecution and custody violations; and
            (6) program standards across the country that are in place 
        for operating a supervised visitation center.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        from the Violent Crime Reduction Trust Fund established under 
        section 310001 of the Violent Crime Control and Law Enforcement 
        Act of 1994 (42 U.S.C. 14211) to carry out this section--
                    (A) $20,000,000 for fiscal year 1999;
                    (B) $20,000,000 for fiscal year 2000;
                    (C) $30,000,000 for fiscal year 2001; and
                    (D) $30,000,000 for fiscal year 2002.
            (2) Distribution.--Of amounts made available to carry out 
        this section for each fiscal year, not less than 95 percent 
        shall be used to award grants, contracts, or cooperative 
        agreements.
            (3) Allotment for indian tribes.--
                    (A) In general.--Not less than 5 percent of the 
                total amount made available to carry out this section 
                for each fiscal year shall be available for grants to 
                Indian tribal governments.
                    (B) Reallotment of funds.--If, beginning 9 months 
                after the first day of any fiscal year for which 
                amounts are made available under this paragraph, any 
                amount made available under this paragraph remains 
                unobligated, the unobligated amount may be allocated 
                without regard to subparagraph (A).

SEC. 302. STUDY OF CHILD CUSTODY LAWS IN DOMESTIC VIOLENCE CASES.

    (a) In General.--The Attorney General shall--
            (1) conduct a study of Federal and State laws relating to 
        child custody, including the Parental Kidnaping Prevention Act 
        of 1980, and the amendments made by that Act, and the effect of 
        those laws on child custody cases in which domestic violence is 
        a factor; and
            (2) submit to Congress a report describing the results of 
        that study, including the effects of implementing or applying 
        new model State laws, and the recommendations of the Attorney 
        General regarding legislative changes to reduce the incidence 
        or pattern of violence against women or of sexual assault of 
        the child.
    (b) Sufficiency of Defenses.--In carrying out subsection (a) with 
respect to the Parental Kidnaping Prevention Act of 1980, and the 
amendments made by that Act, the Attorney General shall examine the 
sufficiency of defenses to parental abduction charges available in 
cases involving domestic violence, and the burdens and risks 
encountered by victims of domestic violence arising from compliance 
with the full faith and credit (and judicial jurisdiction) requirements 
of that Act and the amendments made by that Act.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriate to carry out this section $200,000 for each of fiscal years 
1999 and 2000.
    (d) Condition for Custody Determination.--Section 
1738A(c)(2)(C)(ii) of title 28, United States Code, is amended--
            (1) by striking ``he'' and inserting ``the child, or a 
        sibling or parent of the child,''; and
            (2) by inserting ``, including any act of domestic violence 
        by the other parent'' before the semicolon.

SEC. 303. REAUTHORIZATION OF RUNAWAY AND HOMELESS YOUTH GRANTS.

    (a) In General.--Section 316(c) of the Runaway and Homeless Youth 
Act (42 U.S.C. 5712d(c)) is amended to read as follows:
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $22,000,000 for 
each of fiscal years 1999 through 2002.''.
    (b) Dissemination of Information.--Section 316 of part A of the 
Runaway and Homeless Youth Act (42 U.S.C. 5712d) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Dissemination of Information.--The Secretary shall annually 
compile and broadly disseminate (including through electronic 
publication) information about the use of amounts expended and 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.''.

SEC. 304. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PROGRAMS.

    (a) 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 
to read as follows:
    ``(a) Authorization.--There are authorized to be appropriated from 
the Violent Crime Reduction Trust Fund established under section 310001 
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14211) to carry out this subtitle--
            ``(1) $9,000,000 for fiscal year 1999;
            ``(2) $10,000,000 for fiscal year 2000; and
            ``(3) $12,000,000 for each of fiscal years 2001 and 
        2002.''.
    (b) 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 to read as follows:
    ``(a) Authorization.--There are authorized to be appropriated from 
the Violent Crime Reduction Trust Fund established under section 310001 
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14211) to carry out this subtitle--
            ``(1) $2,000,000 for fiscal year 1999; and
            ``(2) $2,300,000 for each of fiscal years 2000 through 
        2002.''.
    (c) 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 to read as follows:
    ``(7) There is authorized to be appropriated from the Violent Crime 
Reduction Trust Fund established under section 310001 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to 
carry out part N $1,000,000 for each of fiscal years 1999 through 
2002.''.
    (d) Dissemination of Information.--The Attorney General shall 
annually compile and broadly disseminate (including through electronic 
publication) information about the use of amounts expended and the 
projects funded under section 218(a) of the Victims of Child Abuse Act 
of 1990 (42 U.S.C. 13014(a)), section 224(a) of the Victims of Child 
Abuse Act of 1990 (42 U.S.C. 13024(a)), and section 1007(a)(7) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(7)), 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 IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                             AGAINST WOMEN

SEC. 401. EDUCATION AND TRAINING OF HEALTH PROFESSIONALS.

    (a) Title VII Programs; Preferences in Financial Awards.--Section 
791 of the Public Health Service Act (42 U.S.C. 295j), as amended by 
section 209 of this Act, is amended by adding at the end the following:
    ``(d) Preferences Regarding Training in Identification and Referral 
of Victims of Domestic Violence.--
            ``(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 in carrying out the following 
        functions as a provider of health care:
                    ``(A) Identifying victims of domestic violence, 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.
                    ``(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 enactment of this subsection, 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) Definition of domestic violence.--In this subsection, 
        the term `domestic violence' includes behavior commonly 
        referred to as domestic violence, sexual assault, spousal 
        abuse, woman battering, partner abuse, child abuse, elder 
        abuse, and acquaintance rape.''.
    (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 
section 209 of this Act, is amended by adding at the end the following:
    ``(g) Preferences Regarding Training in Identification and Referral 
of Victims of Domestic Violence.--
            ``(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 in carrying out the following 
        functions as a provider of health care:
                    ``(A) Identifying victims of domestic violence, 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.
                    ``(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 Domestic Violence Identification 
        and Referral 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--
                    ``(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) Definition of domestic violence.--In this subsection, 
        the term `domestic violence' includes behavior commonly 
        referred to as domestic violence, sexual assault, spousal 
        abuse, woman battering, partner abuse, child abuse, elder 
        abuse, and acquaintance rape.''.

SEC. 402. EDUCATION AND TRAINING IN APPROPRIATE RESPONSES TO VIOLENCE 
              AGAINST WOMEN.

    (a) Authority.--The Attorney General may make grants in accordance 
with this section to public and private nonprofit entities that, in the 
determination of the Attorney General, have--
            (1) nationally recognized expertise in the areas of 
        domestic violence and sexual assault; and
            (2) a record of commitment and quality responses to reduce 
        domestic violence and sexual assault.
    (b) Purpose.--Grants under this section may be used for the 
purposes of developing, testing, presenting, and disseminating model 
programs to provide education and training in appropriate and effective 
responses to victims of domestic violence and victims of sexual assault 
(including, as appropriate, the effects of domestic violence on 
children) to individuals (other than law enforcement officers and 
prosecutors) who are likely to come into contact with such victims 
during the course of their employment, including--
            (1) campus personnel, such as administrators, housing 
        officers, resident advisers, counselors, and others;
            (2) 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;
            (3) 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;
            (4) medical and health care professionals, including mental 
        and behavioral health professionals such as psychologists, 
        psychiatrists, social workers, therapists, counselors, and 
        others; and
            (5) religious professionals, such as clergy persons and lay 
        employees.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for 
each of fiscal years 1999 through 2002.

SEC. 403. RAPE PREVENTION AND EDUCATION.

    (a) In General.--Part J of title III of the Public Health Service 
Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393A 
the following:

``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, 
State sexual assault coalitions, and other public and private nonprofit 
entities for--
            ``(1) educational seminars;
            ``(2) the operation of hotlines;
            ``(3) training programs for professionals;
            ``(4) the preparation of informational material;
            ``(5) education and training programs for students and 
        campus personnel designed to reduce the incidence of sexual 
        assault at colleges and universities; and
            ``(6) other efforts to increase awareness of the facts 
        about, or to help prevent, sexual assault, including efforts to 
        increase awareness in underserved communities and awareness 
        among individuals with disabilities (as defined in section 3 of 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
    ``(b) National Resource Center.--The Secretary 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 not less than 25 percent of the funds are used 
for educational programs targeted for middle school, junior high, and 
high school students. The programs targeted under this subsection shall 
be provided by or in consultation with rape crisis centers, State 
sexual assault coalitions, or other entities recognized for their 
expertise in preventing sexual assault or in providing services to 
victims of sexual assault.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        from the Violent Crime Reduction Trust Fund established under 
        section 310001 of the Violent Crime Control and Law Enforcement 
        Act of 1994 (42 U.S.C. 14211) to carry out this section--
                    ``(A) $55,000,000 for fiscal year 1999;
                    ``(B) $55,000,000 for fiscal year 2000;
                    ``(C) $60,000,000 for fiscal year 2001; and
                    ``(D) $60,000,000 for fiscal year 2002.
            ``(2) Sexual assault coalitions.--Not less than 10 percent 
        of the total amount made available under this subsection in 
        each fiscal year shall be used to make grants to State sexual 
        assault coalitions to address public health issues associated 
        with sexual assault through training, resource development, or 
        similar research.
            ``(3) National resource center allotment.--Not less than 1 
        percent of the total amount made available under this 
        subsection in each fiscal year shall be available for allotment 
        under subsection (b).
    ``(e) Limitations.--
            ``(1) Supplement not supplant.--Amounts transferred by 
        States for use under this section shall be used to supplement 
        and not supplant other Federal, State, and local public funds 
        expended to provide services of the type described in 
        subsection (a).
            ``(2) Studies.--A State may not use more than 2 percent of 
        the amount received by the State under this section for each 
        fiscal year for surveillance studies or prevalence studies.
            ``(3) Administration.--A State may not use more than 5 
        percent of the amount received by the State under this section 
        for each fiscal year for administrative expenses.
    ``(f) Eligible Organizations.--The Secretary shall award a grant 
under subsection (b) of this section to a private nonprofit entity 
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 the provision of services 
        to underserved populations.
    ``(g) Definitions.--In this section--
            ``(1) 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; and
            ``(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) Basis of allotments.--The Secretary shall make 
        allotments to each State on the basis of the population of the 
        State.
            ``(2) Limitation.--No State may use amounts 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) Availability of funds.--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.''.
    (b) Technical Amendments.--
            (1) Public health service.--Section 1910A of the Public 
        Health Service Act (42 U.S.C. 300w-10) is repealed.
            (2) Violence against women act of 1994.--Section 40151 of 
        the Violence Against Women Act of 1994 (108 Stat. 1920) is 
        repealed.

SEC. 404. VIOLENCE AGAINST WOMEN PREVENTION EDUCATION AMONG YOUTH.

    (a) Grants Authorized.--The Secretary of Health and Human Services, 
in consultation with the Secretary of Education, shall provide grants 
to individuals or organizations to carry out educational programs for 
elementary schools, middle schools, secondary schools, or institutions 
of higher education with respect to information regarding, and 
prevention of, domestic violence and violence among intimate partners.
    (b) Eligibility.--To be eligible for a grant under this section, an 
individual or organization shall work in domestic violence prevention, 
health or social work, law or law enforcement, schools, or institutions 
of higher education.
    (c) Applications.--An individual or organization that desires to 
receive a grant under this section shall submit to the Secretary of 
Health and Human Services an application, in such form and manner as 
the Secretary of Health and Human Services shall prescribe, that--
            (1) demonstrates that the educational program is 
        comprehensive, engaging, and appropriate to the target ages, 
        addresses cultural diversity, has the potential to change 
        attitudes and behaviors, is developed based on research and 
        experience in the areas of youth education and domestic 
        violence, collects some form of data on changes in 
        participants' attitudes or behavior, and includes an evaluation 
        component;
            (2) in the case of a program for a collegiate audience, 
        demonstrates input from members of the campus community, campus 
        or local law enforcement, education professionals, legal and 
        psychological experts on battering, and victim advocate 
        organizations; and
            (3) contains such other information, agreements, and 
        assurances as the Secretary of Health and Human Services may 
        require.
    (d) Uses of Funds.--
            (1) In general.--An individual or organization that 
        receives a grant under this section may use the grant funds--
                    (A) to carry out educational programs for 
                elementary schools, middle schools, secondary schools, 
                or institutions of higher education with respect to 
                information regarding, and prevention of, domestic 
                violence and violence among intimate partners;
                    (B) to modify the program materials of the model 
                programs implemented under section 317 of the Family 
                Violence Prevention and Services Act (42 U.S.C. 10417), 
                if appropriate, in order to make the materials 
                applicable to a particular age group;
                    (C) to purchase the materials described in 
                subparagraph (B); or
                    (D) to establish pilot educational programs 
                described in paragraph (1) for institutions of higher 
                education for the purpose of identifying model programs 
                for such institutions.
            (2) Limitation.--An individual or organization that 
        receives a grant under this section for a fiscal year shall use 
        not more than 7 percent of the grant funds for administrative 
        expenses.
    (e) Publication.--The Secretary of Health and Human Services shall 
publish the availability of grants under this section through 
announcements in professional publications for the individuals or 
organizations described in subsection (d)(2), and through notice in the 
Federal Register.
    (f) Term.--A grant under this section may be awarded for a period 
of not more than 3 fiscal years.
    (g) Equitable Distribution.--In awarding grants under this section, 
the Secretary of Health and Human Services shall ensure an equitable 
geographic distribution to individuals and organizations throughout the 
United States.
    (h) Requirements.--In carrying out an educational program under 
this section, an individual or organization shall--
            (1) develop the program, or acquire model program materials 
        if available;
            (2) carry out the program with a school's or institution of 
        higher education's involvement; and
            (3) report the results of the program to the Secretary of 
        Health and Human Services in a format provided by the 
        Secretary.
    (i) Evaluation and Report.--
            (1) College level programs.--Not later than December 31, 
        2000, the Secretary shall evaluate the pilot educational 
        programs for college audiences assisted under subsection 
        (e)(1)(D) with the goal of identifying and describing model 
        programs.
            (2) Evaluation and report.--Not later than 3 years after 
        the date of enactment of this Act, the Secretary of Health and 
        Human Services shall--
                    (A) transmit to Congress the design and an 
                evaluation of the model collegiate programs;
                    (B) report to Congress regarding results of the 
                elementary school, middle school, secondary school, and 
                institution of higher education programs funded under 
                this section; and
                    (C) suggest changes or improvements to be made in 
                the programs.
    (j) Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
publish in the Federal Register proposed regulations implementing this 
section. Not later than 180 days after the date of enactment of this 
Act, the Secretary of Health and Human Services shall publish in the 
Federal Register final regulations implementing this section.
    (k) Definitions.--
            (1) Elementary school; secondary school.--The terms 
        ``elementary school'' and ``secondary school'' have the 
        meanings given the terms in section 14101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8801).
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 1201 of the Higher Education Act of 1965 (20 
        U.S.C. 1141).
    (l) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section (other than subsection (d)(1)(D) and 
        subparagraphs (A) and (B) of subsection (i)(2))--
                    (A) $2,700,000 for fiscal year 1999;
                    (B) $2,700,000 for fiscal year 2000; and
                    (C) $2,700,000 for fiscal year 2001.
            (2) Collegiate programs; report.--There is authorized to be 
        appropriated from the Violent Crime Reduction Trust Fund 
        established under section 310001 of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry out 
        subsection (d)(1)(D) and subparagraphs (A) and (B) of 
        subsection (i)(2) $400,000 for fiscal year 2001.
            (3) Availability.--Amounts appropriated under this 
        subsection shall remain available until the earlier of--
                    (A) the date on which those amounts are expended; 
                or
                    (B) December 31, 2001.

SEC. 405. EDUCATION AND TRAINING TO END VIOLENCE AGAINST AND ABUSE OF 
              WOMEN WITH DISABILITIES.

    (a) In General.--The Attorney General shall make grants to States 
and nongovernmental private entities to provide education and technical 
assistance for the purpose of providing training, consultation, and 
information on violence, abuse, and sexual assault against women who 
are individuals with disabilities (as defined in section 3 of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
    (b) Priorities.--In making grants under this section, the Attorney 
General shall give priority to applications designed to provide 
education and technical assistance on--
            (1) the nature, definition, and characteristics of 
        violence, abuse, and sexual assault experienced by women who 
        are individuals with disabilities;
            (2) outreach activities to ensure that women who are 
        individuals with disabilities who are victims of violence, 
        abuse, and sexual assault receive appropriate assistance;
            (3) the requirements of shelters and victim services 
        organizations under Federal anti-discrimination laws, including 
        the Americans with Disabilities Act of 1990 and section 504 of 
        the Rehabilitation Act of 1973; and
            (4) cost-effective ways that shelters and victim services 
        may accommodate the needs of individuals with disabilities in 
        accordance with the Americans with Disabilities Act of 1990.
    (c) Uses of Grants.--Each recipient of a grant under this section 
shall provide information and training to organizations and programs 
that provide services to individuals with disabilities, including 
independent living centers, disability-related service organizations, 
and domestic violence programs providing shelter or related assistance.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for 
each of fiscal years 1999 through 2002.

SEC. 406. COMMUNITY INITIATIVES.

    Section 318 of the Family Violence Prevention and Services Act (42 
U.S.C. 10418) is amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (C) by inserting after subparagraph (G) the 
                following:
                    ``(H) groups that provide services to or advocate 
                on behalf of individuals with disabilities (as defined 
                in section 3 of the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12102)); and''.
            (2) by striking subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $6,000,000 for 
each of fiscal years 1999 through 2002.''.

SEC. 407. NATIONAL COMMISSION ON STANDARDS OF PRACTICE AND TRAINING FOR 
              SEXUAL ASSAULT EXAMINATIONS.

    (a) In General.--The Attorney General shall establish a 
multidisciplinary, multiagency national commission, which shall--
            (1) evaluate 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 minimum sexual assault forensic 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;
            (3) review national, State, and local protocols on sexual 
        assault for forensic examinations, and based on the review, 
        develop a recommended national protocol, and establish a 
        mechanism for nationwide dissemination; and
            (4) study and evaluate State procedures for payment of 
        forensic examinations for victims of sexual assault and 
        establish a recommended Federal protocol for the payment of 
        forensic examinations.
    (b) Membership.--The members of the national commission established 
under this section shall be appointed by the Attorney General from 
among individuals who are experts in the prevention and treatment of 
rape and sexual assault, including--
            (1) individuals employed in the fields of victim services, 
        criminal justice, forensic nursing, forensic science, emergency 
        room medicine, law, and social services; and
            (2) individuals who are experts in the prevention and 
        treatment of sex crimes in ethnic, social, and language 
        minority communities, as well as rural, disabled, and other 
        underserved communities.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Attorney General shall submit a report to Congress on the 
findings of the commission established under subsection (a).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $200,000 for 
fiscal year 1999.

SEC. 408. NATIONAL WORKPLACE CLEARINGHOUSE ON VIOLENCE AGAINST WOMEN.

    (a) Authority.--The Attorney General may make a grant in accordance 
with this section to a private, nonprofit entity that meets the 
requirements of subsection (b) to establish and operate a national 
clearinghouse and resource center to provide information and assistance 
to employers and labor organizations on appropriate workplace responses 
to domestic violence and sexual assault.
    (b) 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 conduct outreach to encourage 
        employers (including small and large businesses, as well as 
        public entities such as universities, and State and local 
        governments) to develop and implement appropriate responses to 
        assist employees who are victims of domestic violence or sexual 
        assault.
    (c) Use of Grant Amount.--A grant under this section may be used 
for salaries, travel expenses, equipment, printing, and other 
reasonable expenses necessary to assemble, maintain, and disseminate to 
employers and labor organizations information on appropriate responses 
to domestic violence and sexual assault, including costs associated 
with such activities as--
            (1) developing and disseminating model protocols and 
        workplace policies;
            (2) developing and disseminating models for employer and 
        union sponsored victims' services;
            (3) developing and disseminating training videos and model 
        curricula to promote better understandings of workplace issues 
        surrounding domestic violence; and
            (4) planning and conducting conferences and other 
        educational opportunities.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $1,000,000 for 
each of fiscal years 1999 through 2002.

SEC. 409. STRENGTHENING RESEARCH TO COMBAT VIOLENCE AGAINST WOMEN.

    Chapter 9 of subtitle B of the Violence Against Women Act of 1994 
(42 U.S.C. 13961 et seq.) is amended by adding at the end the 
following:

``SEC. 40294. RESEARCH TO COMBAT VIOLENCE AGAINST WOMEN.

    ``(a) Education, Prevention, and Intervention Research Grants.--
            ``(1) Purposes.--The Secretary of Health and Human 
        Services, in consultation with the Attorney General, shall make 
        grants to entities, including domestic violence and sexual 
        assault organizations, research organizations, and academic 
        institutions, to support research and evaluation of education, 
        prevention, and intervention programs on violent behavior 
        against women.
            ``(2) Use of funds.--The research conducted under this 
        section shall include--
                    ``(A) longitudinal research to study the 
                developmental trajectory of violent behavior against 
                women and the manner in which that violence differs 
                from other violent behaviors;
                    ``(B) the examination of risk factors for sexual 
                and intimate partner violence for victims and 
                perpetrators, such as poverty, childhood victimization 
                and other traumas;
                    ``(C) the examination of short- and long-term 
                efforts of programs designed to prevent sexual and 
                intimate partner violence;
                    ``(D) outcome evaluations of interventions and 
                school curriculum targeted at children and teenagers;
                    ``(E) the examination and documentation of the 
                processes and informal strategies women experience in 
                attempting to manage and stop the violence in their 
                lives; and
                    ``(F) the development, testing, and evaluation of 
                the economic and health benefits of effective methods 
                of domestic violence screening and prevention programs 
                at all points of entry into the health care system, 
                including mental health, emergency medicine, 
                obstetrics, gynecology, and primary care, and an 
                assessment of the costs of domestic violence to the 
                health care system.
    ``(b) Addressing Gaps in Research.--
            ``(1) Purposes.--The Secretary of Health and Human Services 
        and the Attorney General shall make grants to domestic violence 
        and sexual assault organizations, research organizations, and 
        academic institutions in order to address gaps in research and 
        knowledge about violence against women, including violence 
        against women in underserved communities.
            ``(2) Uses of funds.--The research conducted with grants 
        made under this subsection shall include--
                    ``(A) the development of national- and community-
                level survey studies to measure the incidence and 
                prevalence of violence against women in underserved 
                populations and the terms women use to describe their 
                experiences of violence;
                    ``(B) qualitative and quantitative research to 
                understand the manner in which factors that shape the 
                context and experience of violence in women's lives, as 
                well as the education, prevention, and intervention 
                strategies available to women (including minors);
                    ``(C) a study of violence against women as a risk 
                factor for diseases from a multivariate perspective;
                    ``(D) an examination of 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;
                    ``(E) an examination of the need for and 
                availability of legal assistance and services for 
                victims of sexual assault; and
                    ``(F) the use of nonjudicial alternative dispute 
                resolution (such as mediation, negotiation, 
                conciliation, and restorative justice models) in cases 
                in which domestic violence is a factor, comparing 
                nonjudicial alternative dispute resolution and 
                traditional judicial methods based upon the quality of 
                representation of the victim, the training of mediators 
                or other facilitators, the satisfaction of the parties, 
                the outcome of the proceedings, and such other factors 
                as may be identified; and
                    ``(G) an examination of effective models to address 
                domestic violence in child protective services and 
                child welfare agencies, including--
                            ``(i) documenting the scope of the problem;
                            ``(ii) identifying the risk of harm 
                        perpetrators of domestic violence pose to 
                        children and to parents who are victims of 
                        domestic violence; and
                            ``(iii) 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.
    ``(c) Sentencing Commission Study.--Not later than 1 year after the 
date of enactment of this section, the United States Sentencing 
Commission shall submit to Congress a report on--
            ``(1) sentences given to offenders incarcerated in Federal 
        and State prisons for homicides or assaults in which the victim 
        was a spouse, former spouse, or intimate partner of the 
        offender;
            ``(2) the effect of illicit drugs and alcohol on domestic 
        violence and the sentences imposed for offenses involving 
        illicit drugs and alcohol in which domestic violence occurred;
            ``(3) the extent to which acts of domestic violence 
        committed against the offender, including coercion, may have 
        contributed to the commission of an offense;
            ``(4) an analysis delineated by race, gender, type of 
        offense, and any other categories that would be useful for 
        understanding the problem of domestic violence; and
            ``(5) recommendations with respect to the offenses 
        described in this subsection, including any basis for a 
        downward adjustment in any applicable Federal sentencing 
        guidelines determination.
    ``(d) Research on Pregnancy and Sexual Assault.--
            ``(1) Purposes.--The Secretary of Health and Human 
        Services, in conjunction with the Attorney General, shall make 
        grants to nonprofit entities, including sexual assault 
        organizations, research organizations, and academic 
        institutions, in order to gather qualitative and quantitative 
        data on the experiences of minors and adults who become 
        pregnant as a result of sexual assault within State health 
        care, judicial, and social services systems.
            ``(2) Use of amounts.--The research conducted with grants 
        made under this subsection shall include--
                    ``(A) the incidence and prevalence of pregnancy 
                resulting from sexual assault, including the ages of 
                the victim and perpetrator, and any relationship 
                between the perpetrator and the victim (such as family, 
                acquaintance, intimate partner, spouse, household 
                member, etc.);
                    ``(B) 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 (including 
                minors) who become pregnant as a result of sexual 
                assault;
                    ``(C) the impact of State social services rules, 
                policies, and procedures on women (including minors) 
                who become pregnant as a result of sexual assault and 
                on those children born as a result of the sexual 
                assault;
                    ``(D) the availability of public and private legal, 
                medical, and mental health counseling, financial, and 
                other forms of assistance to women (including minors) 
                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 that assistance; and
                    ``(E) recommendations for improvements in State 
                health care, judicial, and social services systems to 
                address the needs of women (including minors) who 
                become pregnant as a result of sexual assault and of 
                the children born as a result of the sexual assault.
    ``(e) Status Report on Laws Regarding Rape and Sexual Assault 
Offenses.--
            ``(1) 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. In 
        carrying out this subsection, the Attorney General may utilize 
        the Bureau of Justice Statistics, the National Institute of 
        Justice, and the Office for Victims of Crime.
            ``(2) Report.--Not later than 1 year after the date of 
        enactment of this section, the Attorney General shall submit to 
        Congress a report on the findings of the study under paragraph 
        (1), which shall include--
                    ``(A) an analysis of the degree of uniformity among 
                the States with respect to rape and sexual assault laws 
                (including sex offenses committed against children), 
                including the degree of uniformity among States with 
                respect to--
                            ``(i) definitions of rape and sexual 
                        assault, including any marital rape exception 
                        and any other exception or downgrading of 
                        offense;
                            ``(ii) the element of consent and coercive 
                        conduct, including deceit;
                            ``(iii) the element of physical resistance 
                        and affirmative nonconsent as a precondition 
                        for conviction;
                            ``(iv) the element of force, including 
                        penetration requirement as aggravating factor 
                        and use of coercion;
                            ``(v) evidentiary matters--
                                    ``(I) inferences--timeliness of 
                                complaint under the Model Penal Code;
                                    ``(II) post traumatic stress 
                                disorder (including rape trauma 
                                syndrome) relevancy of scope and 
                                admissibility;
                                    ``(III) rape shield laws--in camera 
                                evidentiary determinations;
                                    ``(IV) prior bad acts; and
                                    ``(V) corroboration requirement and 
                                cautionary jury instructions;
                            ``(vi) the existence of special rules for 
                        rape and sexual assault offenses;
                            ``(vii) the use of experts;
                            ``(viii) sentencing--
                                    ``(I) plea bargains;
                                    ``(II) presentence reports;
                                    ``(III) recidivism and remorse;
                                    ``(IV) adolescents;
                                    ``(V) psychological injuries;
                                    ``(VI) gravity of crime and trauma 
                                to victim; and
                                    ``(VII) race; and
                            ``(ix) any personal or professional 
                        relationship between the perpetrator and the 
                        victim; and
                    ``(B) 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 the 
                due process rights of the accused.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211)--
            ``(1) to carry out subsection (a), $3,000,000 for each of 
        fiscal years 1999, 2000, and 2001;
            ``(2) to carry out subsection (b), $2,100,000 for each of 
        fiscal years 1999, 2000, and 2001;
            ``(3) to carry out subsection (c), $200,000 for fiscal year 
        1999;
            ``(4) to carry out subsection (d), $500,000 for fiscal year 
        1999; and
            ``(5) to carry out subsection (e), $200,000 for fiscal year 
        1999.''.

        TITLE V--EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND

SEC. 501. EXTENSION.

    (a) In General.--Section 310001(b) of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14211(b)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(7) for fiscal year 2001, $4,400,000,000; and
            ``(8) for fiscal year 2002, $4,500,000,000.''.
    (b) Conforming Discretionary Spending Cap Reduction.--Upon 
enactment of this Act, the discretionary spending limits for fiscal 
years 2001 and 2002 set forth in section 251(c) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) are reduced 
as follows:
            (1) For fiscal year 2001, $4,400,000,000 in new budget 
        authority and $5,981,000,000 in outlays.
            (2) For fiscal year 2002, $4,500,000,000 in new budget 
        authority and $4,530,000,000 in outlays.
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