[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3315 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3315

    To limit the effects of witnessing or experiencing violence on 
                               children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 10, 1999

 Mrs. Kelly (for herself, Mrs. Morella, Mrs. Maloney of New York, Mrs. 
 Johnson of Conncticut Mrs. Biggert, and Mrs. Emerson) introduced the 
 following bill; which was referred to the Committee on Education and 
the Workforce, and in addition to the Committees on the Judiciary, and 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To limit the effects of witnessing or experiencing violence on 
                               children.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing the Effects of Abuse and 
Domestic Violence on Youth'' or ``READY Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Witnessing domestic violence has a devastating impact 
        on children, placing them at high risk for anxiety, depression, 
        and, potentially, suicide. These children may exhibit more 
        aggressive, antisocial, fearful, and inhibited behaviors.
            (2) It is estimated that between 20 and 40 percent of 
        chronically violent children have witnessed extreme parental 
        conflict.
            (3) Domestic violence is strongly correlated with child 
        abuse. Studies have found that between 50 and 70 percent of men 
        who abuse their female partners also abuse their children.
            (4) Boys who witness parental abuse during their childhood 
        are at a higher risk of being physically aggressive in dating 
        and marital relationships. Studies have found that these boys 
        had a 1,000 percent greater battering rate than those who had 
        not witnessed such abuse.
            (5) Girls are 3 times as likely as boys to be victims of 
        sexual abuse.
            (6) Children often fail to report child sexual abuse 
        because of the fear that disclosure will bring worse 
        consequences than being victimized again, including 
        consequences from the family, feeling guilty for consequences 
        to the perpetrator, and fear of subsequent retaliation from the 
        perpetrator. Victims may also feel that the abuse is their 
        fault.
            (7) Women are at an increased risk of harm after separation 
        from an abusive partner. Separated women are 3 times more 
        likely than divorced women and 25 times more likely than 
        married women to be victims of violence at the hands of an 
        intimate partner.
            (8) Children are also at increased risk of harm during 
        separation. In one study, 34 percent of women in shelters and 
        callers to hotlines reported threats of kidnaping, 11 percent 
        reported that the battered had kidnaped the child for some 
        period, and 21 percent reported that threats of kidnaping 
        forced the victim to return to the batterer.
            (9) According to a 1996 report by the American 
        Psychological Association, which Congress views as 
        authoritative on matters of domestic violence and child custody 
        and visitation determinations, custody and visitation disputes 
        are more frequent when there is a history of domestic violence. 
        Further, fathers who batter mothers are twice as likely to seek 
        sole custody of their children and they may misuse the legal 
        system as a forum for continuing abuse through harassing and 
        retaliatory legal actions.
            (10) The need for supervised visitation centers far exceeds 
        the number of available programs, resulting in courts ordering 
        unsupervised visitation and endangering parents and children or 
        cutting off visitation altogether.
            (11) One-third of high school and college age students 
        experience violence with an intimate partner.
            (12) A 1992 study concluded that being abused or neglected 
        in childhood increases the likelihood of arrest for girls and 
        women by 77 percent.
            (13) Although courts should diligently protect the 
        interests of both parents in frequent and continuing contact 
        with their children, in the case where one parent has committed 
        domestic violence against the other parent, protection of the 
        other parent and the children is a vital consideration that 
        should take precedence.
            (14) Every State has legislation or judicial decisions that 
        base its custody determinations on what is in the best 
        interests of the child and the vast majority of States include 
        considerations of domestic violence as a factor in determining 
        the best interests of the child.
            (15) The National Council of Juvenile and Family Court 
        Judges includes the option of supervised visitation centers in 
        their Model Code on Domestic and Family Violence.
            (16) The documented rate of any child abuse allegations in 
        custody cases is approximately 2 percent, and there is no 
        evidence that false accusations are more common in the context 
        of custody litigation.
            (17) Congress never intended that the Parental Kidnaping 
        Prevention Act of 1980 be used to prohibit an abused or 
        protective parent from protecting themselves or their child by 
        relocation to a place of safety.
            (18) When domestic violence is or has been present in the 
        relationship, shared parenting arrangements, couples 
        counseling, or mediation arrangements may increase the danger 
        to children and to the nonviolent parent.

            TITLE I--CHILDREN WHO WITNESS DOMESTIC VIOLENCE

SEC. 101. GRANTS TO ADDRESS THE NEEDS OF CHILDREN WHO WITNESS DOMESTIC 
              VIOLENCE.

    (a) In General.--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. MULTISYSTEM INTERVENTIONS FOR CHILDREN WHO WITNESS DOMESTIC 
              VIOLENCE.

    ``(a) Grants Authorized.--
            ``(1) Authority.--The Secretary, acting through the 
        Director of Community Services, in the Administration for 
        Children and Families, is authorized to award grants to 
        eligible entities to conduct programs to encourage the use of 
        domestic violence intervention models using multisystem 
        partnerships to address the needs of children who witness 
        domestic violence.
            ``(2) Term and amount.--Each grant awarded under this 
        section shall be awarded for a term of 3 years and in an amount 
        of not more than $500,000 for each such year.
            ``(3) Eligible entities.--To be eligible to receive a grant 
        under this section, an entity shall--
                    ``(A) be a nonprofit private organization;
                    ``(B)(i) demonstrate recognized expertise in the 
                area of domestic violence and the impact of domestic 
                violence on children; or
                    ``(ii) enter into a memorandum of understanding 
                regarding the intervention program that--
                            ``(I) is entered into with the State or 
                        tribal domestic violence coalition and entities 
                        carrying out domestic violence programs that 
                        provide shelter or related assistance in the 
                        locality in which the intervention program will 
                        be operated; and
                            ``(II) demonstrates collaboration on the 
                        intervention program with the coalition and 
                        entities and the support of the coalition and 
                        entities for the intervention program; and
                    ``(C) demonstrate a history of providing advocacy, 
                health care, mental health, or other crisis-related 
                services to children.
    ``(b) Use of Funds.--An entity that receives a grant under this 
section shall use amounts provided through the grant to conduct a 
program to design or replicate, and implement, domestic violence 
intervention models that use multisystem partners to respond to the 
needs of children who witness domestic violence. Such a program shall--
            ``(1)(A) involve collaborative partnerships with--
                    ``(i) local entities carrying out domestic violence 
                programs that provide shelter or related assistance; 
                and
                    ``(ii) partners that are courts, schools, social 
                service providers, health care providers, police, early 
                childhood agencies, entities carrying out Head Start 
                programs under the Head Start Act (42 U.S.C. 9831 et 
                seq.), or entities carrying out child protection, 
                welfare, job training, housing, battered women's 
                service, or children's mental health programs; and
            ``(B) be carried out to design and implement protocols and 
        systems to identify, refer, and appropriately respond to the 
        needs of, children who witness domestic violence and who 
        participate in programs administered by the partners;
            ``(2) include guidelines to evaluate the needs of a child 
        and make appropriate intervention recommendations;
            ``(3) include institutionalized procedures to enhance or 
        ensure the safety and security of a battered parent, and as a 
        result, the child of the parent;
            ``(4) provide direct counseling and advocacy for adult 
        victims of domestic violence and their children who witness 
        domestic violence;
            ``(5) include the development or replication of a mental 
        health treatment model to meet the needs of children for whom 
        such treatment has been identified as appropriate;
            ``(6) include policies and protocols for maintaining the 
        confidentiality of the battered parent and child;
            ``(7) provide community outreach and training to enhance 
        the capacity of professionals who work with children to 
        appropriately identify and respond to the needs of children who 
        witness domestic violence;
            ``(8) include procedures for documenting interventions used 
        for each child and family; and
            ``(9) include plans to perform a systematic outcome 
        evaluation to evaluate the effectiveness of the interventions.
    ``(c) Application.--To be eligible to receive a grant under this 
section, an entity shall prepare and submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
    ``(d) Technical Assistance.--Not later than 90 days after the date 
of enactment of this section, the Secretary shall identify successful 
programs providing multisystem and mental health interventions to 
address the needs of children who witness domestic violence. Not later 
than 60 days before the Secretary solicits applications for grants 
under this section, the Secretary shall enter into an agreement with 1 
or more entities carrying out the identified programs to provide 
technical assistance to the applicants and recipients of the grants. 
The Secretary may use not more than 5 percent of the amount 
appropriated for a fiscal year under subsection (e) to provide the 
technical assistance.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $5,000,000 for each of fiscal years 
        2000 through 2004.
            ``(2) Availability.--Amounts appropriated under paragraph 
        (1) shall remain available until expended.
    ``(f) Definitions.--In this section:
            (1) Domestic violence.--The term ``domestic violence'' 
        includes an act or threat of violence, not including an act of 
        self defense, committed by a current or former spouse of the 
        victim, by a person with whom the victim shares a child in 
        common, by a person who is cohabiting with or has cohabited 
        with the victim, by a person who is or has been in a social 
        relationship of a romantic or intimate nature with the victim, 
        by a person similarly situated to a spouse of the victim under 
        the domestic or family violence laws of the jurisdiction of the 
        victim, or by any other person against a victim who is 
        protected from that person's act under the domestic or family 
        violence laws of the jurisdiction.
            (2) Witness domestic violence.--
                    (A) In general.--The term ``witness domestic 
                violence'' means to witness--
                            (i) an act of domestic violence that 
                        constitutes actual or attempted physical 
                        assault; or
                            (ii) a threat or other action that places 
                        the victim in fear of domestic violence.
                    (B) Witness.--In subparagraph (A), the term 
                ``witness'' means to--
                            (i) directly observe an act, threat, or 
                        action described in subparagraph (A), or the 
                        aftermath of that act, threat, or action; or
                            (ii) be within earshot of an act, threat, 
                        or action described in subparagraph (A), or the 
                        aftermath of that act, threat, or action.
    (b) Administration.--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''; and
            (2) by striking ``The individual'' and inserting ``Each 
        individual''.

         TITLE II--VIOLENCE AGAINST WOMEN PREVENTION IN SCHOOLS

SEC. 201. GRANTS FOR VIOLENCE AGAINST WOMEN PREVENTION IN SCHOOLS.

    (a) Purposes.--The purposes of grants under this section are--
            (1) to reduce the impact of domestic violence, sexual 
        assault, and stalking in the lives of young women and children;
            (2) to develop, modify, and implement State, local, or 
        tribal school system policies for school personnel at 
        elementary, middle, and secondary schools on domestic violence, 
        sexual assault, and stalking;
            (3) to develop, modify, and implement State, local, or 
        tribal school system policies regarding identification and 
        referral procedures for students who are witnessing or 
        experiencing domestic violence, sexual assault, or stalking in 
        their lives; and
            (4) to help prevent students from becoming victims or 
        perpetrators of domestic violence, sexual assault, or stalking 
        through State, local, or tribal programs and prevention 
        strategies targeting students at elementary, middle, and 
        secondary schools.
    (b) Grants Authorized.--The Secretary of Education, in consultation 
with the Secretary of Health and Human Services, shall provide grants 
to State, local, or tribal school systems to develop, modify, and 
implement State, local, or tribal school system policies and programs 
for elementary schools, middle schools, and secondary schools which 
address domestic violence, sexual assault, and stalking.
    (c) Eligibility.--To be eligible for a grant under subsection (b), 
a State, local, or tribal school system shall collaborate with domestic 
violence or sexual assault experts from State, local, or tribal 
domestic violence and sexual assault programs.
    (d) Applications.--A State, local, or tribal school system that 
desires to receive a grant under subsection (b) shall submit to the 
Secretary of Education an application, in such form and manner as the 
Secretary of Education shall prescribe, that--
            (1) demonstrates that the educational program is 
        comprehensive, engaging, and appropriate to the target areas, 
        is culturally diverse, addresses the needs of underserved 
        communities, has the potential to change attitudes and 
        behaviors, is developed based on research and experience in the 
        areas of youth education, domestic violence, sexual assault, 
        and stalking, collects data on changes in participants' 
        attitudes or behavior, is implemented in collaboration with 
        domestic violence and sexual assault experts, and includes an 
        evaluation component;
            (2) demonstrates that the proposed policy development 
        process includes consultation and collaboration with experts on 
        violence against women and girls, such as domestic violence 
        shelters, domestic violence programs, State and tribal domestic 
        violence coalitions, State and tribal sexual assault 
        coalitions, and rape crisis centers; and
            (3) contains such other information, agreements, and 
        assurances as the Secretary of Education may require.
    (e) Use of Funds.--
            (1) In general.--A State, local, or tribal school system 
        that receives a grant under subsection (b) may use the grant 
        funds--
                    (A) to develop and implement educational programs 
                or prevention strategies for students and personnel in 
                elementary schools, middle schools, and secondary 
                schools addressing domestic violence, sexual assault, 
                and stalking;
                    (B) to develop and implement policies to identify 
                students who may be experiencing or witnessing domestic 
                violence, sexual assault, or stalking in their lives 
                and to develop and implement policies on reporting and 
                referral procedures for these students;
                    (C) to develop and implement policies to identify 
                students at risk of becoming victims or perpetrators of 
                domestic violence, sexual assault, or stalking;
                    (D) to modify the program materials of the model 
                programs created 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; and
                    (E) to purchase the materials described in 
                subparagraph (D).
            (2) Confidentiality.--Policies and programs developed and 
        implemented under paragraph (1) shall address issues of victim 
        safety and confidentiality that are consistent with applicable 
        State and Federal laws.
            (3) Other uses of funds.--
                    (A) Guidance.--The Secretary of Education shall 
                disseminate any existing Department of Education policy 
                guidance regarding preventing domestic violence, sexual 
                assault, or stalking.
                    (B) Study and report.--The Secretary of Education 
                shall study existing policies and programs as well as 
                new policies and programs funded by this section and 
                report to Congress recommendations for implementation 
                of successful policies for referring students to 
                services when they may be witnessing or experiencing 
                domestic violence, sexual assault, or stalking. In 
                publishing the report, the Secretary shall ensure the 
                safety and confidentiality of all information 
                concerning the identification of students.
            (4) Limitation.--
                    (A) Administrative expenses.--A school system that 
                receives a grant under subsection (b) for a fiscal year 
                shall use not more than 5 percent of the grant funds 
                for administrative expenses.
                    (B) A school system that receives a grant to 
                fulfill a purpose described in subparagraph (A), (D), 
                or (E) of paragraph (1) shall first have in place and 
                include in its application the school policies by which 
                such programs and prevention strategies will be 
                implemented.
    (f) Publication.--The Secretary of Education shall publish the 
availability of grants under subsection (b) through announcement in 
professional publications for State, local, or tribal school systems 
described in subsection (a)(2) and through notice in the Federal 
Register.
    (g) Term.--A grant under subsection (b) may be awarded for a period 
of not more than 3 fiscal years.
    (h) Equitable Distribution.--In awarding grants under subsection 
(b), the Secretary of Education shall ensure an equitable geographic 
distribution to State, local, and tribal school systems throughout the 
United States.
    (i) Requirements.--In carrying out an educational program under a 
grant under subsection (b), a State, local, or tribal school system 
shall--
            (1) consult and collaborate with experts on violence 
        against women and girls, such as domestic violence shelters, 
        domestic violence programs, State and tribal domestic violence 
        coalitions, State and tribal sexual assault coalitions, and 
        rape crisis centers;
            (2) develop the program, or acquire model program materials 
        if available;
            (3) carry out the program with a school's involvement; and
            (4) report the results of the program to the Secretary of 
        Education in a format provided by the Secretary.
    (j) Definitions.--For purposes of this section:
            (1) Domestic violence.--The term ``domestic violence'' 
        includes acts or threats of violence, not including acts of 
        self-defense, committed by a current or former spouse of the 
        victim, by a person with whom the victim shares a child in 
        common, by a person who is cohabiting with or has cohabited 
        with the victim, by a person who is or has been in a continuing 
        social relationship of a romantic or intimate nature with the 
        victim, by a person similarly situated to a spouse of the 
        victim under the domestic or family violence laws of the 
        jurisdiction, or by any other person against a victim who is 
        protected from that person's acts under the domestic or family 
        violence laws of the jurisdiction.
            (2) Sexual assault.--The term ``sexual assault'' means any 
        conduct proscribed by chapter 109A of title 18, United States 
        Code, whether or not the conduct occurs in the special maritime 
        and territorial jurisdiction of the United States or in a 
        Federal prison and includes both assaults committed by 
        offenders who are strangers to the victim and assaults 
        committed by offenders who are known to the victim or related 
        by blood or marriage to the victim.
            (3) Stalking.--The term ``stalking'' means engaging in a 
        course of conduct directed at a specific person that would 
        cause a reasonable person to fear death, sexual assault, or 
        bodily injury to such person or a member of such person's 
        immediate family, when the person engaging in such conduct has 
        knowledge or should have knowledge that the specific person 
        will be placed in reasonable fear of death, sexual assault, or 
        bodily injury to such person or a member of such person's 
        immediate family and when the conduct induces fear in the 
        specific person of death, sexual assault, or bodily injury to 
        such person or a member of such person's immediate family.
    (k) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section--
                    (A) $2,750,000 for fiscal year 2000;
                    (B) $3,000,000 for fiscal year 2001;
                    (C) $3,000,000 for fiscal year 2002;
                    (D) $3,000,000 for fiscal year 2003; and
                    (E) $3,000,000 for fiscal year 2004.
            (2) Availability.--Amounts appropriated under paragraph (1) 
        shall remain available until the earlier of--
                    (A) the date on which those amounts are expended; 
                or
                    (B) December 31, 2004.

                  TITLE III--SAFE HAVENS FOR CHILDREN

SEC. 301. PURPOSES.

    The purposes of section 302 are--
            (1) to provide secure locations for visitation and 
        visitation exchange;
            (2) to protect children from the trauma of witnessing 
        domestic violence or experiencing abduction, injury, or death 
        during parent and child visitation and visitation exchanges;
            (3) to protect victims of domestic violence from 
        experiencing further violence, abuse, and threats during child 
        visitation and visitation exchanges;
            (4) to protect children from the trauma of experiencing 
        sexual assault or other forms of physical assault and abuse 
        during parent and child visitation and visitation exchanges; 
        and
            (5) to provide an ongoing safe haven for parents and 
        children during visitation and visitation exchanges to promote 
        continuity and stability.

SEC. 302. GRANTS TO PROVIDE FOR SUPERVISED VISITATION CENTERS.

    (a) Grants, Contracts, and Cooperative Agreements.--The Attorney 
General is authorized to award grants, contracts, and cooperative 
agreements to public or private nonprofit nongovernmental entities, 
including tribal organizations and nonprofit organizations operating 
within the boundaries of an Indian reservation whose governing body 
reflects the populations served, to assist such entities in 
establishing and operating supervised visitation centers for the 
purposes of facilitating supervised visitation and visitation exchange. 
At least 50 percent of all funds appropriated under subsection (e) 
shall be for contracts and cooperative agreements with private 
nonprofit, nongovernmental entities, including entities receiving court 
referrals.
    (b) Considerations.--In awarding such grants, contracts, and 
cooperative agreements under paragraph (1), the Attorney General shall 
take into account--
            (1) the number of families to be served by the proposed 
        visitation center to be established under the grant, contract, 
        or agreement;
            (2) the extent to which supervised visitation centers serve 
        populations underserved because of race, ethnicity, age, 
        disability, sexual orientation, religion, alienage status, 
        geographic location (including rural isolation), language 
        barriers, and any other populations determined to be 
        underserved by the State planning process.
            (3) the extent to which the applicant demonstrates 
        cooperation and collaboration with nonprofit, nongovernmental 
        entities in the local community served, including the State and 
        tribal domestic violence and sexual assault coalitions, tribal 
        organizations, rape crisis centers, local shelters, and 
        programs for domestic violence victims, including programs 
        providing legal assistance to domestic violence victims and 
        sexual assault victims;
            (4) the extent to which the applicant demonstrates 
        coordination and collaboration with appropriate court systems, 
        including State, local, and, in the case of Indian country, 
        tribal and Federal court systems, and 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 subsection (a) shall be 
        used to establish supervised visitation centers and for the 
        purposes described in section 301. In using such amounts, 
        grantees and persons awarded a contract or cooperative 
        agreement shall target the economically disadvantaged and those 
        individuals who could not otherwise afford such visitation 
        services. Individuals shall be permitted to use the services 
        provided by the center on a sliding fee basis. For purposes of 
        determining qualification for sliding scale fees, only the 
        individual income will be considered and no spousal or 
        household income will be counted.
            (2) Regulations and applicant requirements.--The Attorney 
        General shall award grants, contracts, and cooperative 
        agreements under subsection (a) in accordance with such 
        regulations as the Attorney General may promulgate. The 
        regulations shall establish a multi-year grant process. The 
        Attorney General shall give priority in awarding grants, 
        contracts, and cooperative agreements under this title to 
        entities in States and Indian country that consider domestic 
        violence in making a custody decision. An applicant awarded 
        such a grant, contract, or cooperative agreement shall--
                    (A) for applicants for a purpose described in 
                paragraph (1) or (2) of section 301--
                            (i) demonstrate recognized expertise in the 
                        area of domestic violence, including addressing 
                        the impact of domestic violence on children, 
                        and a record of high quality service to victims 
                        of domestic violence; and
                            (ii) demonstrate through a memorandum of 
                        understanding collaboration with and support of 
                        the State or tribal domestic violence coalition 
                        and local or tribal domestic violence shelter 
                        or program in the locality in which the 
                        supervised visitation center will be operated;
                    (B) for applicants for a purpose described in 
                paragraph (3) of section 301--
                            (i) demonstrate recognized expertise in the 
                        area of child sexual assault and abuse and a 
                        record of high quality service to victims of 
                        sexual assault; and
                            (ii) demonstrate through a memorandum of 
                        understanding collaboration with and support of 
                        the State or tribal sexual assault coalition 
                        and local or tribal rape crisis center or 
                        sexual assault program in the locality where 
                        the supervised visitation center will be 
                        operated;
                    (C) provide supervised visitation and visitation 
                exchange services over the duration of a court order to 
                promote continuity and stability;
                    (D) demonstrate that adequate security measures, 
                including adequate facilities, procedures and personnel 
                capable of preventing violence, are in place for the 
                operation of supervised visitation; and
                    (E) describe in detail the standards by which the 
                supervised visitation center will operate.
    (d) Reporting.--Not later than 60 days after the end of each fiscal 
year, the Attorney General shall report to Congress, categorized by 
State or tribe, information concerning--
            (1) the number of individuals including number of parents 
        and children served and the number of individuals turned away 
        from services, the number of individuals who are from 
        populations underserved because of race, ethnicity, age, 
        disability, sexual orientation, religion, alienage status, 
        geographic location (including rural isolation), language 
        barriers, and any other populations determined to be 
        underserved by the State planning process, served and turned 
        away from services, and the type of presenting problems that 
        underlie the need for supervised visitation or visitation 
        exchange, such as domestic violence, child sexual abuse, 
        emotional abuse or other physical abuse of children, or a 
        combination of such factors;
            (2) the numbers of supervised visitations or visitation 
        exchanges ordered during custody determinations under a 
        separation or divorce decree, under a protection order, through 
        child protection services, through other social services 
        agencies or by any other order of a civil, criminal, juvenile, 
        family, or tribal court;
            (3) the process by which children or abused partners are 
        protected during visitations, temporary custody transfers and 
        other activities for which the supervised visitation centers 
        are created;
            (4) safety and security problems occurring during the 
        reporting period during supervised visitations or at visitation 
        centers, including the number of parental abductions;
            (5) the number of parental abduction cases in a judicial 
        district using supervised visitation services, both as 
        identified in criminal prosecution and custody violations;
            (6) program standards across the country that are in place 
        for operating a supervised visitation center; and
            (7) any other appropriate information designated in 
        regulations promulgated by the Attorney General.
    (e) Authorization of Appropriations.--
            (1) In general.--For the purpose of awarding grants, 
        contracts, and cooperative agreements under this section, there 
        are authorized to be appropriated $75,000,000 for fiscal year 
        2000, $85,000,000 for fiscal year 2001, $95,000,000 for fiscal 
        year 2002, $105,000,000 for fiscal year 2003, and $115,000,000 
        for fiscal year 2004.
            (2) Distribution.--Of the amounts appropriated under 
        paragraph (1) for each fiscal year, not less than 95 percent 
        shall be used to award grants, contracts, or cooperative 
        agreements. At least 5 percent of the funds appropriated under 
        paragraph (1) shall be used for grants to tribal organizations.

                  TITLE IV--CHILD ABUSE ACCOUNTABILITY

SEC. 401. SHORT TITLE.

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

SEC. 402. AMENDMENTS TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME 
              SECURITY ACT OF 1974.

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

SEC. 403. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

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

SEC. 404. EFFECTIVE DATE.

    The amendments made by this title shall take effect on January 1, 
1999, except that, in the case of a child abuse order entered before 
such date, the plan administrator--
            (1) shall treat such order as a qualified child abuse order 
        if such administrator is paying benefits pursuant to such order 
        on such date, and
            (2) may treat any other such order entered before such date 
        as a qualified child abuse order even if such order does not 
        meet the requirements of such amendments.

                         TITLE V--FAMILY SAFETY

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Family Safety Act''.

SEC. 502. FINDINGS AND PURPOSES.

    (a) Findings.--Section 7(a) of the Parental Kidnaping Prevention 
Act of 1980 (94 Stat. 3568; 28 U.S.C. 1738A note) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (4) the following:
            ``(5) existing Federal and State laws are inadequate to 
        protect parents from domestic violence and to protect children 
        from sexual assault and may punish them when they seek to 
        protect themselves; and
            ``(6) failures of State judicial and child protection 
        systems may result in the inappropriate placement of children 
        in the custody of abusive parents or punishment of nonabusing 
        parents who attempt to protect themselves or their children.''.
    (b) Conclusion.--Section 7(b) of such Act is amended by inserting 
``to establish standards to prevent children from being returned to 
abusive parents,'' after ``with such disputes,''.
    (c) Purposes.--Section 7(c) of such Act is amended--
            (1) by redesignating paragraphs (3) through (6) as 
        paragraphs (5) through (8), respectively;
            (2) by inserting after paragraph (2) the following:
            ``(3) promote cooperation between State and tribal courts 
        to protect parents and children from an incident or pattern of 
        domestic violence or sexual assault;
            ``(4) promote realistic and protective standards for 
        interstate relocation when parents dispute custody, 
        particularly in cases where there is domestic violence or 
        sexual assault;'';
            (3) in paragraph (7) (as so redesignated), by inserting 
        before the semicolon at the end the following: ``, consistent 
        with not endangering or inappropriately punishing parents who 
        are victims of domestic violence or children who are victims of 
        sexual assault''; and
            (4) in paragraph (8) (as so redesignated), by inserting 
        before the period at the end the following: ``or to abuse the 
        child or exert coercive control over the other parent, except 
        when the removal is justifiable in an attempt to protect the 
        parent or any child in the parent's care''.

SEC. 503. DEFENSE TO CRIMINAL CUSTODIAL INTERFERENCE OR PARENTAL 
              ABDUCTION CHARGE.

    Section 1073 of title 18, United States Code, is amended by 
striking ``Whoever moves'' and inserting ``(a) Whoever moves'' and by 
adding at the end the following:
    ``(b) For any charge of parental abduction, of custodial 
interference, or of felony criminal contempt of court related to an 
underlying child custody or visitation determination, that would 
otherwise provide a basis for prosecution under this section, it shall 
be a defense to such prosecution that the individual against whom this 
section is invoked--
            ``(1) acted pursuant to the provisions of a court order 
        valid when and where issued--
                    ``(A) which granted the defendant legal custody or 
                visitation rights;
                    ``(B) which was obtained in compliance with section 
                1738A of title 28;
                    ``(C) which is not inconsistent with such section 
                or with the Uniform Child Custody Jurisdiction 
                Enforcement Act as promulgated by the Uniform Law 
                Commissioners; and
                    ``(D) which was in effect at the time the defendant 
                left the State;
            ``(2) was fleeing an incident or pattern of domestic 
        violence or sexual assault of the child; or
            ``(3) would otherwise have a defense under the terms of 
        section 1204.
    ``(c) The Attorney General shall issue guidance to assist the 
United States Attorneys and the Federal Bureau of Investigation in 
determining when to decline to initiate or to terminate an 
investigation or prosecution under subsection (b) due to the potential 
availability of any defense.''.

SEC. 504. FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY DETERMINATIONS.

    (a) Section Intent.--Section 1738A(a) of title 28, United States 
Code, is amended by adding before the period the following: ``, except 
that no State shall be required to enforce any order obtained in a 
proceeding which would violate the constitution of the enforcing State 
if the proceeding were conducted in the enforcing State. This section 
is intended to preempt any inconsistent State law and to apply to every 
proceeding in the United States or its territories that is not governed 
by inconsistent aspects of any treaty to which the United States is a 
signatory or has ratified that involves custody and visitation 
concerning a minor child. Any provision of a protection order regarding 
the custody and visitation of a minor child, whether consensual or not, 
otherwise consistent with section 2265 of title 18 and with this 
section shall be given full faith and credit by the courts of any State 
where the party who sought the order seeks enforcement''.
    (b) Definitions.--Section 1738A(b) of such title is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) `child-custody proceeding' means a proceeding in 
        which legal custody, physical custody, or visitation with 
        respect to a child is an issue, including a proceeding for 
        divorce, separation, neglect, abuse, dependency, guardianship, 
        paternity, termination of parental rights, and protection from 
        domestic violence, in which the issue may appear;'';
            (2) in paragraph (3)--
                    (A) by striking ``custody determination'' and 
                inserting ``custody or visitation determination'';
                    (B) by inserting ``obtained in the context of a 
                child-custody proceeding and'' after ``court''; and
                    (C) by striking ``custody of a child'' and 
                inserting ``legal custody, physical custody, or 
                visitation with respect to a child'';
            (3) in paragraph (6), by inserting ``or has had physical 
        custody for a period of 6 consecutive months, including any 
        temporary absence, within one year immediately before the 
        commencement of a child-custody proceeding'' after ``of a 
        child'';
            (4) in paragraph (7), by striking ``actual possession and 
        control'' and inserting ``the physical care and supervision'';
            (5) by striking paragraph (9) and inserting the following:
            ``(9) `domestic violence' includes acts or threats of 
        violence, not including acts of self defense, committed by a 
        current or former spouse of the victim, by a person with whom 
        the victim shares a child in common, by a person who is 
        cohabiting with or has cohabited with the victim, by a person 
        who is or has been in a continuing social relationship of a 
        romantic or intimate nature with the victim, by a person 
        similarly situated to a spouse of the victim under the domestic 
        or family violence laws of the jurisdiction, or by any other 
        person against a victim who is protected from that person's 
        acts under the domestic or family violence laws of the 
        jurisdiction;
            ``(10) `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;
            ``(11) `predominant aggressor' means the individual who has 
        been determined to be the principal perpetrator of violence, by 
        factors including--
                    ``(A) history of domestic violence;
                    ``(B) relative severity of the injuries inflicted 
                on each person;
                    ``(C) the likelihood of future injury to each 
                person;
                    ``(D) whether one of the persons acted in self-
                defense; and
                    ``(E) the degree to which one of the persons has 
                acted with more deliberate intent to control, isolate, 
                intimidate, emotionally demean, or cause severe pain or 
                injury, or fear of harm to the other or a third 
                person''; and
            ``(12) `stalking' means engaging in a course of conduct 
        directed at a specific person that would cause a reasonable 
        person to fear death, sexual assault, or bodily injury to such 
        person or a member of such person's immediate family, when the 
        person engaging in such conduct has knowledge or should have 
        knowledge that the specific person will be placed in reasonable 
        fear of death, sexual assault, or bodily injury to such person 
        or a member of such person's immediate family and when the 
        conduct induces fear in the specific person of death, sexual 
        assault, or bodily injury to such person or a member of such 
        person's immediate family.''.
    (c) Jurisdiction Requirements.--(1) Section 1738A(c)(2)(A)(ii) of 
such title is amended by striking ``because of his removal or retention 
by a contestant or for other reasons, and a contestant'' and inserting 
``but a parent or person acting as a parent''.
    (2) Section 1738A(c)(2)(B)(ii)(I) of such title is amended by 
striking ``contestant,'' and inserting ``parent or a person acting as a 
parent,''.
    (d) Condition for Custody Determination.--Section 1738A(c)(2)(C) of 
such title is amended--
            (1) by striking ``he'' and inserting ``the child, or a 
        sibling or parent of the child,''; and
            (2) by inserting ``, including acts of domestic violence or 
        stalking by the other parent'' after ``abuse''.
    (e) Continuing Jurisdiction.--Section 1738A(d) of such title is 
amended by striking ``or of any contestant'' and inserting ``, a 
parent, or a person acting as a parent, except that after 2 years have 
passed while a child is living in another State after relocation due to 
domestic violence, stalking, or sexual assault of the child, the court 
of the original State shall decline jurisdiction if the courts of the 
new State would have personal jurisdiction over the other parent under 
that State's law''.
    (f) Notice.--Section 1738A(e) of such title is amended by striking 
``the contestants,'' and inserting ``all persons entitled to notice 
under the law of the State as in child custody proceedings between 
residents of the State,''.
    (g) Modifications.--Section 1738A(f)(1) of such title is amended by 
inserting ``or visitation'' after ``custody''.
    (h) Child Custody Determinations.--Section 1738A of such title is 
amended by striking subsection (h) and by adding at the end the 
following:
    ``(h) A court may decline to exercise jurisdiction on behalf of a 
parent who has engaged in domestic violence as a predominant aggressor, 
stalking, child sexual assault, or child sexual abuse, if a court of 
another State has emergency jurisdiction under subsection 
(c)(2)(C)(ii). A court may decline to exercise jurisdiction on behalf 
of a parent who has wrongfully taken the child from a State without 
justification, or engaged in similar unjustifiable conduct, unless no 
other State would have jurisdiction under any provision of subsection 
(c). For the purposes of this subsection, justification includes 
removing the child to another State in an effort to seek safety for the 
child, or a sibling or parent of the child, from domestic violence or 
sexual assault.''.

                      TITLE VI--SENSE OF CONGRESS

SEC. 601. SENSE OF CONGRESS.

    It is the sense of Congress that for purposes of determining child 
custody, it is not in the best interest of children to--
            (1) force parents to share custody over the objection of 
        one or both parents where there is a history of domestic 
        violence; or
            (2) make ``friendly parent'' provisions a factor when there 
        is abuse of one parent against another or a child.
                                 <all>