[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 357 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 357

       To prevent violence against women, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1999

    Mr. Conyers (for himself, Mrs. Morella, Ms. Roybal-Allard, Mr. 
 Abercrombie, Mr. Ackerman, Mr. Allen, Mr. Andrews, Mr. Baldacci, Ms. 
  Baldwin, Mr. Barrett of Wisconsin, Mr. Bishop, Mr. Blagojevich, Mr. 
Blumenauer, Ms. Brown of Florida, Mr. Brown of California, Mr. Boucher, 
 Mr. Capuano, Ms. Carson, Mrs. Clayton, Mr. Clement, Mr. Costello, Mr. 
   Cramer, Mr. Cummings, Ms. DeGette, Ms. DeLauro, Mr. Delahunt, Mr. 
Deutsch, Mr. Evans, Mr. Farr of California, Mr. Filner, Mr. Foley, Mr. 
Ford, Mr. Gejdenson, Mr. Gephardt, Mr. Gilman, Mr. Gonzalez, Mr. Green 
  of Texas, Mr. Hinchey, Mr. Hinojosa, Ms. Jackson-Lee of Texas, Mr. 
  Jefferson, Ms. Eddie Bernice Johnson of Texas, Mr. Kennedy of Rhode 
 Island, Ms. Kilpatrick, Mr. Lantos, Mr. Leach, Mr. Lewis of Georgia, 
Ms. Lofgren, Mrs. Lowey, Mrs. McCarthy of New York, Mr. McDermott, Mrs. 
Maloney of New York, Mr. Markey, Mr. Meehan, Mrs. Meek of Florida, Ms. 
   Millender-McDonald, Mr. George Miller of California, Mrs. Mink of 
     Hawaii, Mr. Moakley, Mr. Moran of Virginia, Mr. Nadler, Mrs. 
  Napolitano, Mr. Neal of Massachusetts, Ms. Norton, Mr. Pallone, Mr. 
     Pascrell, Mr. Pastor, Mr. Payne, Ms. Pelosi, Mr. Pomeroy, Mr. 
Rodriguez, Mr. Romero-Barcelo, Mr. Rush, Mr. Sanders, Mr. Sandlin, Mr. 
  Sherman, Ms. Slaughter, Mr. Stark, Mrs. Thurman, Mr. Underwood, Mr. 
Vento, Mr. Visclosky, Ms. Waters, Mr. Waxman, Mr. Weiner, Mr. Weygand, 
  Mr. Wise, Ms. Woolsey, and Mr. Wynn) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
   to the Committees on Education and the Workforce, Ways and Means, 
     Commerce, Banking and Financial Services, Armed Services, and 
 Government Reform, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
       To prevent violence against women, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Violence Against 
Women Act of 1999''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 193. Reauthorization of court-appointed special advocate program.
Sec. 194. Reauthorization of child abuse training programs for judicial 
                            personnel and practitioners.
Sec. 195. Reauthorization of grants for televised testimony.
Sec. 196. Dissemination of information.
         TITLE II--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

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

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

Sec. 221. Grants for violence against women prevention in schools.
                       Subtitle C--Family Safety

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

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

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

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

                 Subtitle A--Rape Prevention Education

Sec. 301. Transfer of rape prevention and education program.
Sec. 302. Rape prevention education.
   Subtitle B--Standards, Practice, and Training for Sexual Assault 
                              Examinations

Sec. 311. Short title.
Sec. 312. Standards, practice, and training for sexual assault forensic 
                            examinations.
   Subtitle C--Violence Against Women Training for Health Professions

Sec. 331. Short title.
Sec. 332. Establishment, for certain health professions programs, of 
                            provisions regarding domestic violence and 
                            sexual assault.
  Subtitle D--Prevention of Custodial Sexual Assault by Correctional 
                                 Staff

Sec. 341. Short title.
Sec. 342. Findings.
Sec. 343. Establishment of prevention program.
Sec. 344. Prohibited sexual conduct by correctional staff.
Sec. 345. National sexual contact hotline for prisoners.
Sec. 346. Definitions.
                   Subtitle E--Hate Crimes Prevention

Sec. 351. Short title.
Sec. 352. Findings.
Sec. 353. Definition of hate crime.
Sec. 354. Prohibition of certain acts of violence.
Sec. 355. Duties of Federal Sentencing Commission.
Sec. 356. Grant program.
Sec. 357. Authorization for additional personnel to assist State and 
                            local law enforcement.
     Subtitle F--Rescheduling and Classification of Date-Rape Drugs

Sec. 361. Reclassification of date-rape drug.
Sec. 362. Classification of date-rape drugs.
Subtitle G--Access to Safety and Advocacy for Victims of Sexual Assault

Sec. 371. Purpose.
Sec. 372. Grants to improve access to the justice system.
Sec. 373. Application.
Sec. 374. Funding.
Sec. 375. Definitions.
                 TITLE IV--DOMESTIC VIOLENCE PREVENTION

   Subtitle A--Domestic Violence and Sexual Assault Victims' Housing

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Authorization of appropriations.
Sec. 404. Use of amounts for housing assistance for victims of domestic 
                            violence, stalking, or adult or child 
                            sexual assault.
Sec. 405. Definitions.
        Subtitle B--Full Faith and Credit for Protection Orders

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

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

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

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

Sec. 451. Short title.
Sec. 452. Purpose.
Sec. 453. Grants to improve access to the justice system.
Sec. 454. Application.
Sec. 455. Funding.
Sec. 456. Provision of technical assistance and training.
Sec. 457. Evaluation of access to safety and advocacy grants.
Sec. 458. Definitions.
 Subtitle G--Strengthening Enforcement To Reduce Violence Against Women

Sec. 461. Amendments to domestic violence and stalking offenses.
                   Subtitle H--Disclosure Protections

Sec. 471. Disclosure protections under the child support program.
         TITLE V--VIOLENCE AGAINST WOMEN IN THE MILITARY SYSTEM

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

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

Sec. 511. Transitional compensation.
                 Subtitle C--Confidentiality of Records

Sec. 521. Confidentiality of records.
     TITLE VI--PREVENTING VIOLENCE AGAINST WOMEN IN TRADITIONALLY 
                        UNDERSERVED COMMUNITIES

           Subtitle A--Older Women's Protection From Violence

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

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

Sec. 604. Definitions.
Sec. 605. Domestic violence services for older individuals.
Sec. 606. Demonstration grants for community initiatives.
                 Chapter 3--Older Americans Act of 1965

Sec. 607. Definitions.
Sec. 608. Research about the sexual assault of women who are older 
                            individuals.
Sec. 609. State long-term care ombudsman program.
Sec. 610. Training for health professionals, and other providers of 
                            services to older individuals, on screening 
                            for elder abuse, neglect, and exploitation.
Sec. 611. Domestic violence shelters and programs for older 
                            individuals.
Sec. 612. Authorization of appropriations.
Sec. 613. Community initiatives and outreach.
                  Chapter 4--Public Health Service Act

Sec. 614. Short title.
Sec. 615. Establishment, for certain health professions programs, of 
                            provisions regarding identification and 
                            referral for elder abuse and neglect.
Sec. 616. Area health education centers.
Sec. 617. Geriatric centers and training.
   Subtitle B--Protections Against Violence and Abuse for Women With 
                              Disabilities

Sec. 620. Short title.
Sec. 621. Findings.
Sec. 622. Omnibus Crime Control and Safe Streets Act of 1968.
Sec. 623. Family Violence Prevention and Services Act.
Sec. 624. Violence Against Women Act.
Sec. 625. Training programs for social service and health providers.
Sec. 626. Training for health professionals on screening for abuse of 
                            women with disabilities.
Sec. 627. Research about sexual abuse and violence against women with 
                            disabilities.
Sec. 628. Grants for technical assistance.
                  Subtitle C--Battered Immigrant Women

Sec. 630. Findings and purposes.
Sec. 631. VAWA Restoration Act.
Sec. 632. Remedying problems with implementation of the Violence 
                            Against Women Act's immigration provisions.
Sec. 633. Waivers and exceptions to inadmissibility for otherwise 
                            qualified battered immigrants.
Sec. 634. Calculation of physical presence in VAWA cancellation of 
                            removal and suspension of deportation.
Sec. 635. Improved access to VAWA immigration protections for battered 
                            immigrant women.
Sec. 636. Improved access to VAWA cancellation of removal.
Sec. 637. Good moral character determinations.
Sec. 638. Battered Immigrant Women's Economic Security Act.
Sec. 639. Access to Legal Services Corporation funds.
Sec. 640. Violence Against Women Act training for INS officers, 
                            immigration judges, and civil and criminal 
                            court justice system personnel.
Sec. 641. Protection for certain victims of crimes against women.
  Subtitle D--Conforming Amendments to the Violence Against Women Act

Sec. 651. Law enforcement and prosecution grants.
Sec. 652. Family Violence Prevention and Services Act.
          TITLE VII--VIOLENCE AGAINST WOMEN AND THE WORKPLACE

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

Sec. 711. National Clearinghouse on Domestic Violence and Sexual 
                            Assault and the Workplace grant.
                 Subtitle B--Victims' Employment Rights

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

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

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

Sec. 751. Education and Training Grants To Promote Appropriate 
                            Responses to Violence Against Women.
                   Subtitle F--Workers' Compensation

Sec. 761. Sense of Congress regarding workplace violence against women 
                            and workers' compensation.
   TITLE VIII--VIOLENCE AGAINST WOMEN INTERVENTION, PREVENTION, AND 
                           EDUCATION RESEARCH

Sec. 801. Violence against women intervention, prevention, and 
                            education research.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) Domestic violence.--The term ``domestic violence'' 
        includes acts or threats of violence, not including acts of 
        self-defense, committed by a current or former spouse of the 
        victim, by a person with whom the victim shares a child in 
        common, by a person who is 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) Indian country.--The term ``Indian country'' has the 
        same meaning as is given such term by section 1151 of title 18, 
        United States Code.
            (3) 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.
            (4) 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.

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

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

SEC. 101. REAUTHORIZATION.

    Section 1001(a)(18) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3793(a)(18)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (F) the following:
            ``(G) $185,000,000 for fiscal year 2001;
            ``(H) $185,000,000 for fiscal year 2002;
            ``(I) $185,000,000 for fiscal year 2003; and
            ``(J) $195,000,000 for fiscal year 2004.''.

SEC. 102. TECHNICAL AMENDMENTS.

    (a) Section 2002(c)(3) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-1(c)(3)) is amended to read as 
follows:
            ``(3) up to 20 percent to be allocated to law enforcement, 
        up to 20 percent to prosecution grants, at least 35 percent to 
        victims' services, and at least 10 percent to State court 
        systems; and''.
    (b) Section 2002(e) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796gg-1(e)) is amended by adding at the end the 
following new paragraph:
            ``(3) Reallotment of funds.--
                    ``(A) If, at the end of the 9th month of any fiscal 
                year for which funds are appropriated under section 
                1001(a)(18), the amounts made available are unspent or 
                unobligated, such unspent or unobligated funds shall be 
                reallotted to the current fiscal year recipients in the 
                victim services area pursuant to section 2002(c)(3)) 
                proportionate to their original allotment for the 
                current fiscal year.
                    ``(B) For the first 2 fiscal years following the 
                date of the enactment of the Violence Against Women Act 
                of 1999, the Attorney General may waive the 
                qualification requirements of section 2002(c), at the 
                request of the State and with the support of law 
                enforcement, prosecution, and victims' services 
                grantees currently funded under this section, if the 
reallocation of funds among law enforcement, prosecution, victims' 
services and State court systems mandated by this Act adversely impacts 
victims of sexual assault, domestic violence, and stalking, due to the 
reduction of funds to programs and services funded under this section 
in the prior fiscal year.''.
    (c) Section 2001(b) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796gg(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (6); and
            (2) by redesignating paragraph (7) as paragraph (10) and by 
        inserting after paragraph (6) the following new paragraphs:
            ``(7) developing, enlarging, or strengthening State court 
        programs, including training for State, local, and tribal 
        judges and court personnel, addressing violent crimes against 
        women, including sexual assault, domestic violence, and 
        stalking;
            ``(8) training of sexual assault forensic nurse examiners 
        in the collection and preservation of evidence, analysis, 
        prevention, and providing expert testimony and treatment of 
        trauma related to sexual assault; and
            ``(9) supporting the development of sexual assault response 
        teams to strengthen the investigation of sexual assaults and 
        coordinate services for victims of sexual assault.''.
    (d) Section 2002 of Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg-1) is amended by redesignating subsections (e), 
(f), (g), and (h) as subsections (f), (g), (h), and (i), respectively, 
and by inserting after subsection (d) the following:
    ``(e) Monitoring and Compliance.--The Attorney General shall deny 
applications--
            ``(1) that do not meet the requirements set forth in 
        subsections (c) and (d); and
            ``(2) for failure to provide documentation, including 
        memoranda of understanding, contract, or other document of any 
        collaborative efforts with other agencies or organizations.''.
    (e) Section 2003(8) of Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg-2(8)) is amended by striking ``assisting 
domestic violence or sexual assault victims through the legal process'' 
and inserting ``providing advocacy and assistance for victims seeking 
legal, social, and health care services'', and inserting before the 
period the following: ``, except that such term shall not include 
programs or activities that are targeted primarily for offenders''.
    (f) Section 2002(b)(1) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-1(b)(1)) is amended by striking 
``4 percent'' and inserting ``5 percent''.
    (g) Section 2005(b)(3) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-4(b)(3)) is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (D) the following:
                    ``(E) the reimbursement is not contingent upon the 
                victim's report of the sexual assault to law 
                enforcement or upon the victim's cooperation in the 
                prosecution of the sexual assault.''.
    (h) Section 2006(a)(1) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-5(a)(1)) is amended by inserting 
`'civil or criminal'' before ``protection order''.

SEC. 103. STATE COALITION GRANTS.

    Section 2001 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg) is amended by inserting after subsection (b) 
the following new subsection:
    ``(c)(1) Purpose.--The Attorney General shall make grants to each 
of the State domestic violence and sexual assault coalitions in the 
State for the purposes of coordinating State victim services 
activities, and collaborating and coordinating with Federal, State, and 
local entities engaged in violence against women activities. In no case 
will such awards preclude the State domestic violence and sexual 
assault coalitions from receiving grants under this part T to fulfill 
the purposes described in subsections (a) and (b).
    ``(2) Grants to Coalitions.--Five percent of the funds appropriated 
for a fiscal year under section 1001(a)(18) shall be made available for 
grants to domestic violence and sexual assault coalitions for the 
purposes described in paragraph (1).
    ``(3) Geographical Allotment.--
            ``(A) Amount.--The domestic violence and sexual assault 
        coalition in each State, the District of Columbia, the 
        Commonwealth of Puerto Rico, and the combined United States 
        Territories shall each receive an amount equal to \1/54\ of the 
        amount made available under paragraph (2). The combined 
United States Territories shall not receive less than 1.5 percent of 
the funds made available under paragraph (2) for each fiscal year and 
the tribal domestic violence and sexual assault coalitions shall not 
receive less than 1.5 percent of the funds made available under 
paragraph (2) for each fiscal year.
            ``(B) Definition.--For the purposes of this section, the 
        term `combined United States Territories' means Guam, American 
        Samoa, the United States Virgin Islands, the Northern Mariana 
        Islands, and the Trust Territory of the Pacific Islands.
            ``(C) Indians.--\1/54\ of the amount appropriated shall be 
        made available for development and operation of nonprofit 
        nongovernmental tribal domestic violence and sexual assault 
        coalitions in Indian country. The term ``Indian country'' has 
        the same meaning as is given such term by section 1151 of title 
        18, United States Code.
    ``(4) Disbursement of Geographical Allotments.--Fifty percent of 
the \1/54\ allotted to each State, the District of Columbia, 
Commonwealth of Puerto Rico, the combined United States Territories, 
and Indian country under paragraph (3) shall be made available to the 
domestic violence coalition as defined in the Family Violence 
Prevention and Services Act (42 U.S.C. 10410 et seq.) and fifty percent 
shall be made available to the sexual assault coalition as defined 
under the Public Health Service Act; and
    ``(5) Component Eligibility.--In the case of combined domestic 
violence and sexual assault coalitions, each component shall be deemed 
eligible for the awards for sexual assault and domestic violence 
activities, respectively.''.

             Subtitle B--National Domestic Violence Hotline

SEC. 111. REAUTHORIZATION.

    Section 316(f)(1) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10416(f)(1)) is amended to read as follows:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out the purposes of this section--
                    ``(A) $1,600,000 for fiscal year 2000;
                    ``(B) $1,800,000 for fiscal year 2001;
                    ``(C) $2,000,000 for fiscal year 2002;
                    ``(D) $2,000,000 for fiscal year 2003; and
                    ``(E) $2,000,000 for fiscal year 2004.''.

SEC. 112. TECHNICAL AMENDMENTS.

    Section 316 of the Family Violence Prevention and Services Act (42 
U.S.C. 10416) is amended by redesignating subsection (f) as subsection 
(g) and by inserting after subsection (e) the following:
    ``(f) Within 90 days after the date of the enactment of the 
Violence Against Women Act of 1999, all entities receiving funds 
pursuant to activities under subsection (a) shall prepare and submit a 
report to the Secretary that evaluates the effectiveness of the use of 
amounts received under such grants by such grantee and containing such 
other information as the Secretary may prescribe. The Secretary shall 
publish any such reports and provide at least 90 days for notice and 
opportunity for public comment prior to awarding or renewing any such 
grants.''.

           Subtitle C--Battered Women's Shelters and Services

SEC. 121. SHORT TITLE.

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

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

    Section 310(a) of the Family Violence Prevention and Services Act 
(42 U.S.C. 10409(a)) is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated to carry 
out this title--
            ``(1) $120,000,000 for fiscal year 2000;
            ``(2) $160,000,000 for fiscal year 2001;
            ``(3) $200,000,000 for fiscal year 2002;
            ``(4) $260,000,000 for fiscal year 2003; and
            ``(5) $260,000,000 for fiscal year 2004.''.

SEC. 123. FVPSA IMPROVEMENTS.

    (a) Section 304(a) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10403(a)) is amended--
            (1) by inserting after ``grant authorized under section 
        303(a)'' the following: ``$500,000, with the remaining funds to 
        be allotted to each State in'';
            (2) by striking paragraph (1), by striking the dash 
        preceding paragraph (1), by striking ``(2)'', and by running in 
        the text of paragraph (2) after ``except that'';
            (3) by striking the last sentence.
    (b) Section 304(d) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10403(d)) is amended--
            (1) by inserting after ``to such State in grants under 
        section 303(a)'' the following: ``or Indian tribe or tribal 
        organization under section 303(b)'';
            (2) by inserting after ``failure of such State'' the 
        following: ``or Indian tribe or tribal organization, or other 
        entity'';
            (3) by inserting after ``such amount to States'' the 
        following: ``and Indian tribes and tribal organizations'';
            (4) by inserting after ``which meet such requirements'' the 
        following: ``proportionate to the original allocation made 
        under subsection (a) or (b) of section 303, respectively''; and
            (5) by redesignating paragraph (2) as paragraph (3) and 
        adding after paragraph (1) the following:
    ``(2) If, at the end of the sixth month of any fiscal year for 
which sums are appropriated under section 310, the amount allotted to 
an entity has not been made available to such entity in grants under 
sections 308 and 311 because of the failure of such entity to meet the 
requirements for a grant or because the limitation on expenditure has 
been reached, then the Secretary shall reallot such amount to States 
and Indian tribes and tribal organizations that meet such requirements 
proportionate to the original allocation under subsection (a) or (b) of 
section 303, respectively.''
    (c) Section 308(a)(2) of the Family Violence Prevention and 
Services Act (42 U.S.C. 10407(a)(2)) is amended by adding ``on 
providing training and technical assistance'' after ``focusing'', and 
by adding at the end the following: ``The Secretary may award grants to 
nonprofit, nongovernmental organizations for technical assistance and 
training initiatives on the subjects identified in subsection (c) if 
such initiatives do not duplicate the work of the entities funded under 
subsection (c) and the total amounts awarded for such initiatives do 
not exceed $500,000.''
    (d) Section 308(c) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10407(c)) is amended by adding ``on emerging issues in 
domestic violence service, prevention, or law and'' after ``service 
providers, and'', by striking ``domestic violence service, prevention, 
or law'' after ``following areas'', and by adding after paragraph (7) 
the following:
            ``(8) Providing technical assistance and training to local 
        domestic violence programs that provide shelter or related 
        assistance.
            ``(9) Improving access to services, information, and 
        training within Indian tribes and tribal organizations.
            ``(10) Responding to emerging issues in the field of 
        domestic violence that the Secretary may identify in 
        consultation with advocates representing local programs 
        providing shelter or related assistance, State domestic 
        violence coalitions, and national domestic violence 
        organizations.
            ``(11) Nothing in this section shall prohibit the Secretary 
        from making multiple grants to any nonprofit, nongovernmental 
        entity to fulfill the purposes of this section.''.
    (e) Section 309(1)(B) of the Family Violence Prevention and 
Services Act (42 U.S.C. 10408(1)(B)) is amended by inserting ``, with 
whom such person is or has been in a continuing social relationship of 
a romantic or intimate nature,'' before ``or with whom''.
    (f) Section 309 of such Act (42 U.S.C. 10408) is amended by adding 
at the end the following:
            ``(7) The term `Indian country' has the same meaning as is 
        given such term by section 1151 of title 18, United States 
        Code.''.
    (g) Section 310(c) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10409(c)) is amended by adding after ``for each fiscal 
year,'' the following: ``the lesser of $7,500,000 or''.
    (h) Section 310(d) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10409(d)) is amended by striking ``not less than'' and 
inserting ``the lesser of $22,000,000 or'' and by adding at the end the 
following: ``At such time as the appropriation under this subsection 
exceeds $11,000,000, the Secretary shall designate that of the amounts 
appropriated under this subsection up to 20 percent of such funds shall 
be made available in the amounts necessary to State domestic violence 
coalitions for the specific purpose of providing technical assistance 
and training and direct assistance in the following areas or other 
priorities that may be determined by the Secretary in consultation with 
State domestic violence coalitions and programs that provide shelter or 
related assistance:
            ``(1) Model leadership grants for domestic violence 
        intervention in underserved communities.--The Secretary shall 
        award grants of up to 3 years to not more than 10 State and 
        tribal domestic violence coalitions and not more than 10 local 
        domestic violence programs providing shelter or related 
        assistance to develop model strategies to address domestic 
        violence in underserved populations as defined in section 
        2003(7) of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796gg-2(7)). Such grants shall be made to 
        assess the needs of underserved populations in the State or 
        Indian country; build collaborative relationships with 
        community-based organizations serving underserved populations; 
        and develop and implement model community intervention 
        strategies to decrease the incidence of domestic violence in 
        underserved populations.
                    ``(A) Eligibility.--To be eligible for a 1-year 
                model leadership grant under this paragraph, an 
                applicant shall demonstrate--
                            ``(i) a plan for assessing the needs of 
                        underserved populations and identifying a 
                        specific population for development of an 
                        intervention strategy in the year of the grant; 
                        and
                            ``(ii) inclusion of representatives from 
                        community-based organizations in underserved 
                        communities in planning, designing, and 
                        disseminating the needs assessment instruments.
                    ``(B) Eligibility for continued funding.--To be 
                eligible for continued funding of up to 2 additional 
                years, an applicant shall provide--
                            ``(i) a plan for implementing the model 
                        strategies which includes collaborative 
                        partnerships with community-based organizations 
                        within the underserved populations identified; 
                        and
                            ``(ii) a plan for disseminating the model 
                        strategy throughout the State or Indian 
                        country, or to other States during year 3 of 
                        the grant.
                    ``(C) Priority for collaborative funding.--In 
                awarding grants under this section, the Secretary shall 
                give preference to State and tribal domestic violence 
                coalitions and local domestic violence shelters and 
                programs that submit applications in collaboration with 
                community-based organizations serving underserved 
                populations. A grant may not be made under this 
                subsection in an amount less than $100,000 for each 
                fiscal year.
            ``(2) Direct emergency assistance to victims of domestic 
        violence.--
                    ``(A) In general.--The Secretary shall award grants 
                to each State and tribal domestic violence coalition 
                for the purpose of administering an emergency 
                assistance fund for victims of domestic violence. Funds 
                received under this paragraph may be used only to 
                provide emergency assistance directly to victims of 
                domestic violence who are in the process of fleeing an 
                abusive situation. Emergency assistance shall include 
                transportation, housing, and other expenses associated 
                with relocation. Funds shall be requested by domestic 
                violence shelters and programs on behalf of victims.
                    ``(B) Application.--Prior to receipt of emergency 
                assistance funds under this paragraph, the State or 
                tribal domestic violence coalition shall provide to the 
                Secretary--
                            ``(i) a detailed description of the process 
                        for receiving and reviewing applications for 
                        emergency assistance;
                            ``(ii) a detailed description of the 
                        process for notifying domestic violence 
                        shelters and programs about the availability of 
                        emergency assistance funds;
                            ``(iii) an application form that includes 
                        the type of assistance requested, a statement 
                        of need for the funds, a statement about the 
                        impact of the funds on the victim's ability to 
                        escape domestic violence, and other such 
                        information that would be helpful in disbursing 
                        emergency assistance funds;
                            ``(iv) the process used to make payments to 
                        recipients; and
                            ``(v) a statement of procedures used to 
                        protect the confidentiality of recipients.
                    ``(C) Reporting.--The State or tribal domestic 
                violence coalition shall file an annual report to the 
                Secretary describing the distribution of funds to 
                victims of domestic violence by type and amount of 
                assistance provided. For reasons of safety and 
                confidentiality, such report shall not contain 
                individually identifying information.
            ``(3) Technical assistance and training for state, local, 
        and tribal domestic violence programs.--
                    ``(A) In general.--The Secretary shall award grants 
                to a State or tribal domestic violence coalition or 
                coalitions for the purpose of providing training and 
                technical assistance for State and tribal domestic 
                violence coalitions and other nonprofit, 
                nongovernmental State, local, and tribal domestic 
                violence programs. Funds received under this section 
                shall be used to conduct regional training and 
                technical assistance initiatives to be developed and 
                implemented by a nonprofit, nongovernmental State or 
                tribal domestic violence coalition or coalitions within 
                each of the regions administered by the Department of 
                Health and Human Services. Funds shall be used to 
                prioritize, plan, and implement solutions to regional 
                problems experienced by domestic violence coalitions 
                and programs providing shelter or related assistance 
                within the region.
                    ``(B) Eligibility.--To be eligible for funding 
                under this paragraph the grantee shall have the support 
                of the majority of State and tribal domestic violence 
                coalitions within the region and shall have its 
                principal place of operation within the region. Nothing 
                in this section shall prohibit domestic violence 
                programs within Indian tribes from receiving technical 
                assistance and training under this grant program. 
                Grantees shall be encouraged to work in collaboration 
                with domestic violence advocates and organizations 
                outside of the region and with the national resource 
                center and special issue resource centers established 
                in this Act to provide expertise in delivering training 
                and technical assistance within the region.
                    ``(C) Reporting.--The grantee State or tribal 
                domestic violence coalition or coalitions shall file an 
                annual report to the Secretary describing the 
                recipients and the type of technical assistance and 
                training received.''.
    (i) Section 308(e) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10407(e)) is amended by adding at the end the following: 
``Within 90 days after the date of the enactment of the Violence 
Against Women Act of 1999, all entities receiving funds pursuant to 
activities under this section shall prepare and submit a report to the 
Secretary that evaluates the effectiveness of the use of amounts 
received under such grants by such grantee and containing such other 
information as the Secretary may prescribe. The Secretary shall publish 
any such reports and provide at least 90 days for notice and 
opportunity for public comment prior to awarding or renewing any such 
grants.''.
    (j) Section 307(a) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10402(a)) is amended by adding at the end the following:
    ``(3) The Secretary shall deny any application that fails to 
provide documentation, including memoranda of understanding, of the 
specific involvement of the State or tribal domestic violence coalition 
and other knowledgeable individuals and interested organizations, in 
the development of the State or tribe's application.''.
    (k) Section 303(b) of the Family Violence Prevention Services Act 
(42 U.S.C. 10402(b)) is amended by adding at the end the following:
    ``(4) From the amounts made available under paragraph (1), there 
shall be awarded by the Secretary not less than 5 percent of such 
amounts for the funding of tribal domestic violence coalitions. To be 
eligible for a grant under this paragraph, an entity shall be a private 
nonprofit coalition whose membership includes representatives from a 
majority of the programs for victims of domestic violence operating 
within the boundaries of an Indian reservation and programs whose 
primary purpose is serving the populations of such Indian country and 
whose board membership is representative of such programs. Such 
coalitions shall further the purposes of domestic violence intervention 
and prevention through activities including--
                    ``(A) training and technical assistance for local 
                Indian domestic violence programs and providers of 
                direct services to encourage appropriate responses to 
                domestic violence in Indian country;
                    ``(B) planning and conducting needs assessments and 
                planning for comprehensive services in Indian country;
                    ``(C) serving as an information clearinghouse and 
                resource center for the Indian reservation represented 
                by the coalition receiving these funds;
                    ``(D) collaborating with Indian, State, and Federal 
                governmental systems which affect battered women in 
                Indian country, including judicial and law enforcement 
                and child protective services agencies, to encourage 
                appropriate responses to domestic violence cases;
                    ``(E) conducting public education and outreach 
                activities addressing domestic violence in Indian 
                country;
                    ``(F) collaborating with State domestic violence 
                coalitions in the areas described above; and
                    ``(G) participating in planning and monitoring of 
                the distribution of grants and grant funds to the 
                Indian reservation and tribal organizations under 
                paragraph (1).''

                   Subtitle D--Community Initiatives

SEC. 131. GRANTS FOR COMMUNITY INITIATIVES.

    (a) Section 318(h) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10418(h)) is amended to read as follows:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $8,000,000 for fiscal year 2000;
            ``(2) $9,000,000 for fiscal year 2001;
            ``(3) $10,000,000 for fiscal year 2002;
            ``(4) $11,000,000 for fiscal year 2003; and
            ``(5) $12,000,000 for fiscal year 2004.''.
    (b) Subsection (i) of section 318 of the Family Violence Prevention 
and Services Act (42 U.S.C. 10418) is amended by inserting the text of 
the subsection as a cut-in paragraph (1) with the heading ``In 
general.--'' and by adding at the end the following:
            ``(2) Information.--The Secretary shall annually compile 
        and broadly disseminate (including through electronic 
        publication) information about the use of funds and about the 
        projects funded under this section, including any evaluations 
        of the projects and information to enable replication and 
        adoption of the strategies identified in the projects. Such 
        dissemination shall target other community-based programs, 
        including domestic violence and sexual assault programs.''.

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

SEC. 141. REAUTHORIZATION.

    (a) Grants for Education and Training for Judges and Court 
Personnel in State Courts.--(1) Section 40412 of the Equal Justice for 
Women in the Courts Act of 1994 (42 U.S.C. 13992) is amended--
            (A) by striking ``and'' at the end of paragraph (18);
            (B) by striking the period at the end of paragraph (19); 
        and
            (C) by inserting after paragraph (19) the following:
            ``(20) the issues raised by domestic violence in 
        determining custody and visitation, including how to protect 
        the safety of the child and of a parent who is not a 
        predominant aggressor of domestic violence, the legitimate 
        reasons parents may report domestic violence, the ways domestic 
        violence may relate to an abuser's desire to seek custody, and 
        evaluating expert testimony in custody and visitation 
        determinations involving domestic violence;
            ``(21) the issues raised by child sexual assault in 
        determining custody and visitation, including how to protect 
the safety of the child, the legitimate reasons parents may report 
child sexual assault, and evaluating expert testimony in custody and 
visitation determinations involving child sexual assault, including the 
current scientifically-accepted and empirically valid research on child 
sexual assault; and
            ``(22) the extent to which addressing domestic violence and 
        victim safety contributes to the efficient administration of 
        justice.''.
    (2) Section 40414(a) of the Equal Justice for Women in the Courts 
Act of 1994 (42 U.S.C. 13994(a)) is amended by inserting ``and 
$1,500,000 for each of the fiscal years 2000 through 2004'' after 
``1996''.
    (b) Grants for Education and Training for Judges and Court 
Personnel in Federal Courts.--(1) Section 40421(d) of the Equal Justice 
for Women in the Courts Act of 1994 (42 U.S.C. 14001(d)) is amended to 
read as follows:
    ``(d) Model Programs.--The Federal Judicial Center, in carrying out 
section 620(b)(3) of title 28, United States Code, shall include in the 
educational programs it prepares, including the training programs for 
newly appointed judges, information on the aspects of the topics listed 
in section 40412 that pertain to issues within the jurisdiction of the 
Federal courts, and shall prepare materials necessary to implement this 
subsection.''.
    (2) Section 40422(2) of the Equal Justice for Women in the Courts 
Act of 1994 (42 U.S.C. 14002(2)) is amended by inserting ``and $500,000 
for each of the fiscal years 2000 through 2004'' after ``1996''.
    (c) Technical Amendments to the Equal Justice for Women in the 
Courts Act of 1994.--
            (1) Ensuring collaboration with domestic violence and 
        sexual assault programs.--Section 40413 of the Equal Justice 
        for Women in the Courts Act (42 U.S.C. 13993) is amended by 
        adding ``including national, State, tribal, and local domestic 
        violence and sexual assault programs and coalitions,'' after 
        ``victim advocates''.
            (2) Participation of tribal courts in state training and 
        education programs.--Section 40411 of the Equal Justice for 
        Women in the Courts Act (42 U.S.C. 13991) is amended by adding 
        at the end the following: ``Nothing shall preclude the 
        attendance of tribal judges and court personnel at programs 
        funded under this section for States to train judges and court 
        personnel on the laws of the States.''
            (3) Use of funds for dissemination of model programs.--
        Section 40414 of the Equal Justice for Women in the Courts Act 
        (42 U.S.C. 13994) is amended by adding at the end the 
        following:
    ``(c) The State Justice Institute may use up to 5 percent of the 
funds appropriated under this section for annually compiling and 
broadly disseminating (including through electronic publication) 
information about the use of funds and about the projects funded under 
this section, including any evaluations of the projects and information 
to enable the replication and adoption of the projects.''.

            Subtitle F--Grants To Encourage Arrest Policies

SEC. 151. DEFINITIONS.

    Section 2105(1) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796hh-4(1)) is amended to read as follows:
            ``(1) the term `domestic violence' includes acts or threats 
        of violence, not including acts of self-defense, committed by a 
        current or former spouse of the victim, by a person with whom 
        the victim shares a child in common, by a person who is 
        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.''.

SEC. 152. REAUTHORIZATION.

    Section 1001(a)(19) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3793(a)(19)) is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting a semicolon; and
            (3) by inserting after subparagraph (C) the following:
            ``(D) $63,000,000 for fiscal year 2000;
            ``(E) $67,000,000 for fiscal year 2001;
            ``(F) $70,000,000 for fiscal year 2002;
            ``(G) $70,000,000 for fiscal year 2003; and
            ``(H) $70,000,000 for fiscal year 2004.''.

SEC. 153. TECHNICAL AMENDMENT.

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

    Subtitle G--Rural Domestic Violence and Child Abuse Enforcement

SEC. 161. REAUTHORIZATION.

    Section 40295(c)(1) of the Safe Homes for Women Act of 1994 (42 
U.S.C. 13971(c)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) $35,000,000 for each of the fiscal years 
                2000, 2001, 2002, 2003, and 2004.''.

SEC. 162. TECHNICAL AMENDMENTS.

    Section 40295(c) of the Safe Homes for Women Act of 1994 (42 U.S.C. 
13971(c)) is amended by adding at the end the following:
            ``(3) Disbursement.--At least 5 percent of the funds 
        appropriated under paragraph (1) shall be used for grants to 
        Indian tribal governments.''.

      Subtitle H--National Stalker and Domestic Violence Reduction

SEC. 171. TECHNICAL AMENDMENTS.

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

SEC. 172. REAUTHORIZATION.

    Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 
14032) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) $3,000,000 for each of the fiscal years 2000, 2001, 
        2002, 2003, and 2004.''.

                Subtitle I--Federal Victims' Counselors

SEC. 181. REAUTHORIZATION.

    The text of section 40114 of the Safe Streets for Women Act of 1994 
is amended to read as follows: ``There are authorized to be 
appropriated for the United States Attorneys for the purpose of 
appointing Victim/Witness Counselors for the prosecution of domestic 
violence and sexual assault crimes where applicable (such as the 
District of Columbia) $1,000,000 for each of the fiscal years 2000, 
2001, 2002, 2003, and 2004.''.

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

SEC. 191. REAUTHORIZATION.

    Section 316(c) of the Runaway and Homeless Youth Act (42 U.S.C. 
5712d(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (3) the following:
            ``(4) $22,000,000 for each of the fiscal years 2000, 2001, 
        2002, 2003, and 2004.''.

SEC. 192. DISSEMINATION OF INFORMATION.

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

              Subtitle K--Victims of Child Abuse Programs

SEC. 193. REAUTHORIZATION OF COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.

    Section 218(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13014(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (5) the following:
            ``(6) $12,000,000 for each of the fiscal years 2001, 2002, 
        2003, and 2004.''

SEC. 194. REAUTHORIZATION OF CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL 
              PERSONNEL AND PRACTITIONERS.

    Section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13024(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (5) the following:
            ``(6) $2,300,000 for each of the fiscal years 2001, 2002, 
        2003, and 2004.''.

SEC. 195. REAUTHORIZATION OF GRANTS FOR TELEVISED TESTIMONY.

    Section 1001(a)(7) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(7)) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting a semicolon; and
            (3) by inserting after subparagraph (E) the following:
            ``(F) $1,000,000 for each of the fiscal years 2001, 2002, 
        2003, and 2004.''.

SEC. 196. DISSEMINATION OF INFORMATION.

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

         TITLE II--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

SEC. 201. FINDINGS.

    Congress finds as follows:
            (1) Witnessing domestic violence has a devastating impact 
        on children, placing them at high risk for anxiety, depression, 
        and, potentially, suicide. These children may exhibit more 
        aggressive, antisocial, fearful, and inhibited behaviors.
            (2) Children exposed to domestic violence often have 
        problems in school.
            (3) Domestic violence is strongly correlated with child 
        abuse. Studies have found that between 50 and 70 percent of men 
        who abuse their female partners also abuse their children.
            (4) Boys who witness parental abuse during their childhood 
        are at a higher risk of being physically aggressive in dating 
        and marital relationships.
            (5) Girls are 3 times as likely as boys to be victims of 
        sexual abuse.
            (6) Children often fail to report child sexual abuse 
        because of the fear that disclosure will bring worse 
        consequences than being victimized again, including 
        consequences from the family, feeling guilty for consequences 
        to the perpetrator, and fear of subsequent retaliation from the 
        perpetrator. Victims may also feel that the abuse is their 
        fault.
            (7) Women are at an increased risk of harm after separation 
        from an abusive partner. Separated women are 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 kidnapping, 11 percent 
        reported that the batterer had kidnapped the child for some 
        period, and 21 percent reported that threats of kidnapping 
        forced the victim to return to the batterer.
            (9) According to a 1996 report by the American 
        Psychological Association, 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) Despite the perception that mothers always win custody 
        cases, studies show that fathers who contest custody win sole 
        or joint custody in 40 to 70 percent of cases.
            (17) According to the American Psychological Association, 
        there is no reliable empirical data to support the so-called 
        phenomenon of ``parental alienation syndrome,'' although courts 
        and custody evaluators frequently use such terms to discount 
        children's reasonable fear and anger toward a violent parent. 
        This ``syndrome'' and similar ones are used almost exclusively 
        against women.
            (18) The documented rate of any child abuse allegations in 
        custody cases is approximately 2 percent, and there is no 
        evidence that false accusations are more common in the context 
        of custody litigation.
            (19) Congress never intended that the Parental Kidnapping 
        Prevention Act be used to prohibit an abused or protective 
        parent from protecting themselves or their child by relocation 
        to a place of safety.
            (20) When domestic violence is or has been present in the 
        relationship, shared parenting arrangements, couples 
        counseling, or mediation arrangements may increase the danger 
        to children and to the nonviolent parent.

                  Subtitle A--Safe Havens for Children

SEC. 211. PURPOSES.

    The purposes of section 212 are--
            (1) to provide secure locations for visitation and 
        visitation exchange;
            (2) to protect children from the trauma of witnessing 
        domestic violence or experiencing abduction, injury, or death 
        during parent and child visitation 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. 212. 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 
        underserved populations as that term is defined in section 
        2003(7) of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796gg-2(7)), as defined in section 651(c);
            (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 211. 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 211--
                            (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 211--
                            (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 from underserved 
        populations (as such term is defined in section 2003(7) of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2(7)), as defined in section 651(c)), 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.

        Subtitle B--Violence Against Women Prevention in Schools

SEC. 221. 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) Definition.--For purposes of this section, the terms ``domestic 
violence'', ``sexual assault'', and ``stalking'' have the same meaning 
given those terms by section 2.
    (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.

                       Subtitle C--Family Safety

SEC. 231. SHORT TITLE.

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

SEC. 232. FINDINGS AND PURPOSES.

    (a) Findings.--Section 7(a) of the Parental Kidnaping Prevention 
Act of 1980 (94 Stat. 3568; 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. 233. DEFENSE TO CRIMINAL CUSTODIAL INTERFERENCE OR PARENTAL 
              ABDUCTION CHARGE.

    Section 1073 of title 18, United States Code, is amended by 
striking ``Whoever moves'' and inserting ``(a) Whoever moves'' and by 
adding at the end the following:
    ``(b) For any charge of parental abduction, of custodial 
interference, or of felony criminal contempt of court related to an 
underlying child custody or visitation determination, that would 
otherwise provide a basis for prosecution under this section, it shall 
be a defense to such prosecution that the individual against whom this 
section is invoked--
            ``(1) acted pursuant to the provisions of a court order 
        valid when and where issued--
                    ``(A) which granted the defendant legal custody or 
                visitation rights;
                    ``(B) which was obtained in compliance with section 
                1738A of title 28;
                    ``(C) which is not inconsistent with such section 
                or with the Uniform Child Custody Jurisdiction 
                Enforcement Act as promulgated by the Uniform Law 
                Commissioners; and
                    ``(D) which was in effect at the time the defendant 
                left the State;
            ``(2) was fleeing an incident or pattern of domestic 
        violence or sexual assault of the child; 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. 234. FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY DETERMINATIONS.

    (a) Section Intent.--Section 1738A(a) of title 28, United States 
Code, is amended by adding 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.''.

               Subtitle D--Domestic Violence and Children

SEC. 241. CHILD CUSTODY, CHILD ABUSE, AND VICTIMS OF DOMESTIC VIOLENCE.

    It is the sense of Congress that--
            (1) for purposes of determining child custody, it is in the 
        best interest of children to have a presumption that children 
        shall have their main physical residence with their primary 
        caretaker parent unless that parent is unfit;
            (2) for purposes of determining child custody, it is not in 
        the best interest of children to--
                    (A) force parents to share custody over the 
                objection of one or both parents when there is a 
                history of domestic violence;
                    (B) punish abused or protective parents who protect 
                themselves or their children;
                    (C) presume that allegations of domestic violence 
                or child sexual assault are likely to be made falsely 
                or for tactical advantage during custody and divorce 
                proceedings; and
                    (D) make ``friendly parent'' provisions a factor 
                when there is abuse by one parent against the other or 
                a child;
            (3) child abuse and child sexual abuse allegations shall be 
        fully and impartially investigated regardless of when they are 
        raised or whether the child has withdrawn the allegation;
            (4) States shall be far more protective of victims of 
        domestic violence and sexual assault in custody and visitation 
        determinations and not order mediation, couples counseling, 
        shared custody, mutual orders of protection, unsupervised 
        visitation, or other measures when they may endanger the other 
        parent or the child; and
            (5) States shall provide training in domestic violence and 
        sexual assault, as they impact custody, child support and 
        visitation determinations, to all professionals who interact 
        with children and parents (including judges, attorneys, 
        guardians ad litem and other individuals appointed to represent 
        children, therapists and mental health professionals, custody 
        evaluators, child protective services personnel, and court 
        appointed special advocates).

  Subtitle E--Child Welfare Worker Training on Domestic Violence and 
                             Sexual Assault

SEC. 251. CHILD WELFARE WORKER TRAINING ON DOMESTIC VIOLENCE AND SEXUAL 
              ASSAULT.

    (a) Purpose.--The purpose of this subtitle is to encourage States, 
Indian tribal governments, and units of local government to recognize 
and treat, as part of their ongoing child welfare responsibilities, 
domestic violence and sexual assault as serious problems threatening 
the safety and well-being of its child and adult victims.
    (b) Grant Authority.--The Attorney General shall make grants in 
consultation with the Secretary of Health and Human Services to 
eligible States, Indian tribal governments, or units of local 
government to enable child welfare service agencies to partner with 
domestic violence service providers, State or tribal domestic violence 
or sexual assault coalitions, or other private nonprofit domestic 
violence or sexual assault organizations that have a documented history 
of effective work in the domestic violence field and on the impact of 
domestic violence on children to train staff and modify policies, 
procedures, programs, and practices so that policies, practices, and 
services are consistent with the following principles:
            (1) They protect the children.
            (2) They increase the safety and well-being of the 
        children, including increasing the safety of the nonabusing 
        parents.
            (3) They increase the safety of the children by supporting 
        the autonomy and capacity of the adult victims.
            (4) They hold perpetrators, not the victims, responsible 
        for stopping the abusive behaviors.
    (c) Goals of Grant.--The activities under a grant under subsection 
(b) shall be directed to achieve the following goals:
            (1) Recognize the overlap between child abuse, including 
        child sexual abuse, and domestic violence in families, the 
        dynamics of domestic violence, including its intergenerational 
        transmission, the dangers posed to both child and adult victims 
        and the physical, emotional, and developmental impact on 
        children.
            (2) Increase collaboration between child welfare service 
        agencies and domestic violence and sexual assault service 
        providers.
            (3) Develop and implement policies, procedures, and 
        practice guidelines to--
                    (A) reflect the principles stated in subsection 
                (b);
                    (B) identify and assess domestic violence in child 
                protection cases; and
                    (C) ensure the confidentiality of information on 
                families shared between child welfare service agencies 
                and local domestic violence and sexual assault 
                programs.
            (4) Develop appropriate responses in cases of domestic 
        violence, including a safety plan and other appropriate 
        services and interventions that ensure the safety of both the 
        child and adult victims.
            (5) Create links between child welfare service agencies, 
        community-based domestic violence and sexual assault programs, 
        rape crisis centers, and other entities addressing the safety, 
        health, mental health, social services, housing, and economic 
        needs of child and adult victims of domestic violence and 
        sexual assault.
            (6) Collect data indicating the number of child protection 
        cases identified as involving domestic violence and the number 
        of such cases that repeatedly return to the child welfare 
        services system.
    (d) Eligibility.--Eligible grantees are States, Indian tribal 
organizations, or units of local government that are partnering with 
domestic violence service providers, State or tribal domestic violence 
or sexual assault coalitions, or other private nonprofit domestic 
violence or sexual assault organizations that have a documented history 
of effective work in the domestic violence field and on the impact of 
domestic violence on children, and that jointly submit an application 
to the Attorney General and the Secretary of Health and Human Services 
that include the following:
            (1) Outlines the specific activities that will be 
        undertaken to achieve the goals set forth in subsection (c).
            (2) Agrees to develop over a 3-year period, in 
        collaboration with other organizations, a range of training 
        resources, policies, procedures, and services for child and 
        adult victims of domestic violence and sexual assault that 
        include at least the following:
                    (A) Relevant protocols for the screening, intake, 
                assessment, investigation, and followup to reports of 
                abuse and neglect and a procedure and schedule for 
                training child welfare staff about domestic violence 
                and sexual assault and their impact on children and 
                adult victims and the appropriate use of these 
                protocols. The training shall include line staff, 
                supervisors, and administrators, and begin with staff 
                responsible for screening, intake, assessment, and 
                investigation of reports of child abuse and neglect. 
                The training shall be conducted in collaboration with 
                domestic violence and sexual assault experts and staff 
                from community-based domestic violence and sexual 
                assault programs, rape crisis centers, and relevant law 
                enforcement representatives. At a minimum, the 
                protocols and training shall address the following:
                            (i) Dynamics of domestic violence and its 
                        relationship to child abuse, including its 
                        intergenerational transmission.
                            (ii) Screening for domestic violence and 
                        sexual assault and assessing danger to the 
                        child and adult victims.
                            (iii) Applicable Federal, State, and local 
                        laws pertaining to domestic violence and sexual 
                        assault.
                            (iv) Appropriate interventions for child 
                        and adult victims that protect the safety of 
                        both and give appropriate consideration to 
                        preserving those family members not responsible 
                        for the abuse.
                            (v) Appropriate supervision of staff 
                        working with families where there has been 
                        domestic violence, including issues regarding 
                        worker safety.
                            (vi) Protecting the safety and 
                        confidentiality of the child and adult victims 
                        consistent with mandatory child abuse reporting 
                        laws.
                    (B) Community-based networks of services and 
                supports that respond effectively to the comprehensive 
                needs of child and adult victims of domestic violence 
                and sexual assault and include at least the following:
                            (i) Appropriate referrals to community-
                        based domestic violence and sexual assault 
                        programs and rape crisis centers.
                            (ii) Emergency shelter and transitional 
                        housing for abused parents and their children.
                            (iii) Legal assistance and advocacy for 
                        victims, including, when appropriate, 
                        assistance in obtaining and entering orders of 
                        protection.
                            (iv) Support and training to assist parents 
                        to help their children cope with the impact of 
                        domestic violence and sexual assault.
                            (v) Programs to help children who have 
                        witnessed domestic violence.
                            (vi) Health, mental health, and other 
                        necessary supportive services.
                            (vii) Assistance to obtain necessary 
                        economic supports.
            (3) Identifies the agencies that will be responsible for 
        carrying out the initiative and includes documentation from 
        community-based domestic violence and sexual assault programs 
        and rape crisis centers that they have been involved in the 
        development of the application and describes their ongoing 
        involvement in the development of the training and modification 
        of policies, procedures, programs, and practices, including 
        their potential roles as subcontractors.
    (e) Priority.--In awarding grants under subsection (b), the 
Attorney General and the Secretary of Health and Human Services shall 
give priority to applicants that already have demonstrated a commitment 
to educate staff of child welfare service agencies and domestic 
violence and sexual assault programs about the impact of domestic 
violence on children, the special risks of child abuse and neglect, and 
appropriate services and interventions for protecting both the child 
and adult victims of domestic violence and sexual assault.
    (f) Evaluation, Reporting, and Dissemination.--Each grantee 
receiving funds under subsection (b) shall submit annually a report to 
the Attorney General and the Secretary of Health and Human Services 
evaluating the effectiveness of activities developed with the funds 
provided under subsection (b) and containing such additional 
information as the Attorney General and the Secretary shall require. In 
addition, the Attorney General and the Secretary shall within 6 months 
of the conclusion of the grants distribute to all State child welfare 
agencies, State and tribal domestic violence and sexual assault 
coalitions, and to the Congress summaries of the activities implemented 
by the grantees and related initiatives undertaken by the Department of 
Justice and Department of Health and Human Services to promote 
attention by child welfare staff and staff of domestic violence and 
sexual assault agencies to domestic violence and sexual assault and its 
impact on its child and adult victims.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the grant program $3,000,000 for fiscal year 
2000, $4,000,000 for fiscal year 2001, $5,000,000 for fiscal year 2002, 
$5,000,000 for fiscal year 2003, and $5,000,000 for fiscal year 2004. 
Each eligible grantee shall receive an amount to be determined by the 
Attorney General and the Secretary, but not less than $250,000 a year.

                 Subtitle F--Child Abuse Accountability

SEC. 261. SHORT TITLE.

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

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

    (a) Creation or Assignment of Rights to Benefits Under Qualified 
Child Abuse Orders.--Section 206(d)(3)(A) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1056(d)(3)(A)) is amended--
            (1) by inserting ``or a child abuse order'' after ``a 
        domestic relations order'';
            (2) by inserting ``or a qualified child abuse order'' after 
        ``a qualified domestic relations order''; and
            (3) by inserting ``or any qualified child abuse order'' 
        after ``any qualified domestic relations order''.
    (b) Qualified Child Abuse Orders.--Section 206(d)(3)(B) of such Act 
(29 U.S.C. 1056(d)(3)(B)) is amended--
            (1) in clause (i), by striking ``the term'' and inserting 
        ``The term'', and by striking ``, and'' at the end and 
        inserting a period;
            (2) in clause (ii), by striking ``the term'' and inserting 
        ``The term''; and
            (3) by adding at the end the following new clauses:
            ``(iii) The term `qualified child abuse order' means a 
        child abuse order--
                    ``(I) which creates or recognizes the existence of 
                an alternate payee's right to, or assigns to an 
                alternate payee the right to, receive all or a portion 
                of the benefits payable with respect to a participant 
                under a plan, and
                    ``(II) with respect to which the requirements of 
                subparagraphs (C) and (D) are met.
            ``(iv) The term `child abuse order' means any court order 
        or other similar process for the enforcement of a judgment 
        rendered against a participant or beneficiary under a plan for 
        physically, sexually, or emotionally abusing a child. For 
        purposes of this clause--
                            ``(I) The term `judgment rendered for 
                        physically, sexually, or emotionally abusing a 
                        child' means any legal claim perfected through 
                        a final enforceable judgment, which claim is 
                        based in whole or in part upon the physical, 
                        sexual, or emotional abuse of a child, whether 
                        or not that abuse is accompanied by other 
                        actionable wrongdoing, such as sexual 
                        exploitation or gross negligence.
                            ``(II) The term `child' means an individual 
                        under 18 years of age.''.
    (c) Exemption From Preemption.--Section 514(b)(7) of such Act (29 
U.S.C. 1144(b)(7)) is amended by inserting ``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. 263. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Creation or Assignment of Rights to Benefits Under Qualified 
Child Abuse Orders.--Subparagraph (B) of section 401(a)(13) of the 
Internal Revenue Code of 1986 (relating to assignment of benefits) is 
amended--
            (1) by inserting ``or child abuse orders'' after ``domestic 
        relations orders'' in the heading;
            (2) by inserting ``or a child abuse order'' after ``a 
        domestic relations order''; and
            (3) by inserting ``or a qualified child abuse order'' after 
        ``a qualified domestic relations order''.
    (b) Qualified Child Abuse Orders.--Section 414(p) of such Code 
(defining qualified domestic relations order) is amended--
            (1) in the heading, by inserting ``and Qualified Child 
        Abuse Order'' after ``Order''; and
            (2) in paragraph (1), by adding at the end the following 
        new subparagraphs:
                    ``(C) Qualified child abuse order.--The term 
                `qualified child abuse order' means a child abuse 
                order--
                            ``(i) which creates or recognizes the 
                        existence of an alternate payee's right to, or 
                        assigns to an alternate payee the right to, 
                        receive all or a portion of the benefits 
                        payable with respect to a participant under a 
                        plan, and
                            ``(ii) with respect to which the 
                        requirements of paragraphs (2) and (3) are met.
                    ``(D) Child abuse order.--
                            ``(i) In general.--The term `child abuse 
                        order' means any court order or other similar 
                        process for the enforcement of a judgment 
                        rendered against a participant or beneficiary 
                        under a plan for physically, sexually, or 
                        emotionally abusing a child.
                            ``(ii) Definitions.--For purposes of this 
                        subparagraph--
                                    ``(I) The term `judgment rendered 
                                for physically, sexually, or 
                                emotionally abusing a child' means any 
                                legal claim perfected through a final 
                                enforceable judgment, which claim is 
                                based in whole or in part upon the 
                                physical, sexual, or emotional abuse of 
                                a child, whether or not that abuse is 
                                accompanied by other actionable 
                                wrongdoing, such as sexual exploitation 
                                or gross negligence.
                                    ``(II) The term `child' means an 
                                individual under 18 years of age.''.
    (c) Conforming Amendments.--Subsection (p) of section 414 of such 
Code is amended--
            (1) in paragraph (2), by inserting ``or child abuse order'' 
        after ``A domestic relations order'';
            (2) in paragraph (3), by inserting ``or child abuse order'' 
        after ``A domestic relations order'';
            (3) in paragraph (4)(A), by inserting ``or child abuse 
        order'' after ``a domestic relations order'';
            (4) in paragraph (6)(A), by inserting ``or child abuse 
        order'' after ``any domestic relations order'', by striking 
        ``domestic relations orders'' in clause (i) and inserting 
        ``such an order'', and by inserting ``or a qualified child 
        abuse order'' in clause (ii) after ``a qualified domestic 
        relations order'';
            (5) in paragraph (6)(B), by inserting ``and child abuse 
        orders'' after ``domestic relations orders'';
            (6) in paragraph (7)(A), by inserting ``or whether a child 
        abuse order is a qualified child abuse order'' after ``whether 
        a domestic relations order is a qualified domestic relations 
        order'', and by inserting ``or a qualified child abuse order'' 
        after ``to be a qualified domestic relations order'';
            (7) in paragraph (7)(B), by inserting ``or qualified child 
        abuse order'' in the heading after ``qualified domestic 
        relations order'', and by inserting ``or a qualified child 
        abuse order'' after ``a qualified domestic relations order'';
            (8) in paragraph (7)(C), by inserting ``(in the case of a 
        domestic relations order) or a qualified child abuse order (in 
        the case of a child abuse order)'' after ``a qualified domestic 
        relations order'' each place it appears in clauses (i) and 
        (ii);
            (9) in paragraph (7)(D), by inserting ``or a qualified 
        child abuse order'' after ``a qualified domestic relations 
        order'';
            (10) in paragraph (7)(E), by inserting ``or child abuse 
        order'' after ``the domestic relations order'';
            (11) in paragraph (8), by inserting ``or child abuse 
        order'' after ``a domestic relations order'';
            (12) in paragraph (9), by inserting ``or a qualified child 
        abuse order'' after ``a qualified domestic relations order'';
            (13) in paragraph (10), by inserting ``or a qualified child 
        abuse order'' after ``a qualified domestic relations order''; 
        and
            (14) in paragraph (11), by inserting ``(in the case of a 
        domestic relations order) or a qualified child abuse order (in 
        the case of a child abuse order)'' after ``pursuant to a 
        qualified domestic relations order'', and by inserting ``or a 
        child abuse order'' after ``pursuant to a domestic relations 
        order''.
    (d) Tax Treatment of Distributions Pursuant to Qualified Child 
Abuse Orders.--
            (1) Alternate payee 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. 264. EFFECTIVE DATE.

    The amendments made by this subtitle 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 III--SEXUAL ASSAULT PREVENTION

                 Subtitle A--Rape Prevention Education

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

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

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

    ``(a) Grants.--
            ``(1) Permitted use.--Notwithstanding section 1904(a)(1), 
        amounts transferred by the State for use under this part shall 
        be used for rape prevention and education programs conducted by 
        rape crisis centers and private nonprofit nongovernmental State 
        and tribal sexual assault coalitions for--
                    ``(A) educational seminars;
                    ``(B) the operation of hotlines;
                    ``(C) training programs for professionals;
                    ``(D) the preparation of informational material; 
                and
                    ``(E) other efforts to increase awareness of the 
                facts about, or to help prevent, sexual assault, 
                including efforts to increase awareness in underserved 
                communities (as defined in section 2003(7) of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (42 
                U.S.C. 3796gg-2(7) as amended by section 643(c)).
            ``(2) Terms.--
                    ``(A) Populations.--The Secretary shall make grants 
                under subsection (a) to each State on the basis of the 
                population of the State.
                    ``(B) Rape prevention and education programs.--No 
                State may use funds made available by reason of 
                paragraph (1) in any fiscal year for administration of 
                any prevention program other than the rape prevention 
                and education program for which grants are made under 
                paragraph (1).
                    ``(C) Availability.--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.
                    ``(D) Administrative and technical assistance.--The 
                Secretary shall use not more than 5 percent of the 
funds available under paragraph (1) for the purposes of administrative 
and technical assistance.''.
                    ``(E) Targeting of education programs.--States 
                receiving grant moneys under paragraph (1) shall ensure 
                that at least 25 percent of the moneys are devoted to 
                educational programs targeted for middle school, junior 
                high, and high school aged students. The programs 
                targeted under this subsection shall be conducted by 
                rape crisis centers and State and tribal sexual assault 
                coalitions.
    ``(b) National Resource Center.--
            ``(1) Establishment.--At such time as appropriations under 
        subsection (c) reach at least $80,000,000, 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 and tribal 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.
            ``(2) Eligible organizations.--The Secretary shall award a 
        grant under paragraph (1) to a private nonprofit organization 
        which can--
                    ``(A) 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 and tribal sexual assault coalitions or 
                recognized national sexual assault groups; and
                    ``(B) demonstrate a commitment to diversity and to 
                the provision of services to underserved populations as 
                defined in section 2003(7) of the Omnibus Crime Control 
                and Safe Street Act of 1968 (42 U.S.C. 3796gg-2(7)).
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $80,000,000 for fiscal year 2000;
                    ``(B) $105,000,000 for fiscal year 2001;
                    ``(C) $105,000,000 for fiscal year 2002;
                    ``(D) $155,000,000 for fiscal year 2003; and
                    ``(E) $155,000,000 for fiscal year 2004.
        Funds authorized to be appropriated under this section are 
        appropriated from the Violent Crime Reduction Fund pursuant to 
        section 31001(c) of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 14211(c)) and paragraph (16) 
        under the definition of ``prevention program'' in section 
        31001(d) of such Act (42 U.S.C. 14214(d)).
            ``(2) Sexual assault coalitions.--At such time as 
        appropriations under subsection (c) reach at least $80,000,000, 
        the Secretary shall designate 15 percent of the total amount 
        appropriated to be used for making grants to nonprofit, 
        nongovernmental State sexual assault coalitions to address 
        public health issues associated with sexual assault through 
        training, resource development, or similar research.
            ``(3) Indian country.--At such time as the appropriations 
        under subsection (c) reach at least $80,000,000, there shall be 
        awarded by the Secretary not less than 5 percent of such 
        amounts for the funding of tribal sexual assault coalitions. To 
        be eligible for a grant under this paragraph, an entity shall 
        be a private nonprofit coalition whose membership includes 
        representatives from a majority of the programs for adult and 
        child victims of sexual assault operating within the boundaries 
        of such Indian country and programs whose primary purpose is 
        serving the population of an Indian reservation, and whose 
        board membership is representative of such programs. Such 
        coalitions shall further the purposes of sexual assault 
        intervention and prevention through activities including--
                    ``(A) training and technical assistance for local 
                Indian sexual assault programs and providers of direct 
                services to encourage appropriate responses to sexual 
                assault in Indian country;
                    ``(B) planning and conducting needs assessments and 
                planning for comprehensive services in Indian country;
                    ``(C) serving as an information clearinghouse and 
                resource center for any Indian reservation represented 
                by the coalition receiving these funds;
                    ``(D) collaborating with Indian, State, and Federal 
                systems which affect adult and child victims of sexual 
assault in Indian country, including judicial, law enforcement, and 
child protective services agencies, to encourage appropriate responses 
to sexual assault cases;
                    ``(E) conducting public education and outreach 
                activities addressing sexual assault in Indian country;
                    ``(F) collaborating with sexual assault coalitions 
                in the areas described above; and
                    ``(G) participating in planning and monitoring of 
                the distribution of grants and grant funds to Indian 
                reservation and tribal organizations under this 
                section.
            ``(4) Subsection (b) allotment.--Of the amount appropriated 
        for any fiscal year under this section, at least $1,000,000 
        shall be made available for grants under subsection (b), with 
        yearly increases of at least 10 percent of the prior year's 
        allotment.
    ``(d) Limitations.--
            ``(1) A State may use funds under subsection (a) only so as 
        to supplement and, to the extent practicable, increase the 
        level of funds that would be available from non-Federal sources 
        for the activities described in subsection (a), and in no case 
        may such funds be used to supplant funds from other sources.
            ``(2) A State may not use more than 2 percent of the funds 
        received in each fiscal year under this section for 
        surveillance studies or prevalence studies and funds for such 
        studies shall be available only at such time as appropriations 
        under subsection (c) reach at least $80,000,000.
            ``(3) A State may not use more than 5 percent of funds 
        received in each fiscal year under subsection (a) for 
        administrative expenses.
    ``(e) Definitions.--
            ``(1) Rape prevention and education.--For purposes of this 
        section, the term `rape prevention and education' includes 
        education and prevention efforts directed at sexual offenses 
        committed by offenders who are not known to the victim as well 
        as offenders who are known to the victim.
            ``(2) 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) Rape crisis center.--The term `rape crisis center' 
        means a private, nonprofit, nongovernmental 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.
            ``(4) Sexual assault program.--The term `sexual assault 
        program' means a private, nonprofit, nongovernmental 
        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.
            ``(5) State coalition of sexual assault programs.--The term 
        `State coalition of sexual assault programs' means a statewide 
        nonprofit, nongovernmental membership organization of a 
        majority of sexual assault programs within the State that, 
        among other activities, provides training and technical 
        assistance to sexual assault programs within the State, 
        commonwealth, territory, or lands under military, Federal, or 
        tribal authority.''.

SEC. 302. RAPE PREVENTION EDUCATION.

    (a) Repeal.--Section 1910A of the Public Health and Human Services 
Act (42 U.S.C. 300w-10) is repealed.
    (b) Effective Date.--The repeal made by subsection (a) of this 
section shall take effect the day after the date of enactment of this 
Act.

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

SEC. 311. SHORT TITLE.

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

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

    (a) In General.--The Attorney General, in conjunction with the 
Secretary of Health and Human Services, shall--
            (1) evaluate existing standards of training and practice 
        for licensed health care professionals performing sexual 
        assault forensic examinations and develop a national 
        recommended standard for training;
            (2) recommend sexual assault 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; and
            (3) review existing national, State, tribal, and local 
        protocols on sexual assault forensic examinations, and based on 
        this review, develop a recommended national protocol and 
        establish a mechanism for its nationwide dissemination.
    (b) Consultation.--The Attorney General and the Secretary of Health 
and Human Services shall consult with national, State, tribal, and 
local experts in the area of rape and sexual assault, including rape 
crisis centers, State and tribal sexual assault and domestic violence 
coalitions and programs, and programs for criminal justice, forensic 
nursing, forensic science, emergency room medicine, law, social 
services, and sex crimes in underserved communities (as defined in 
section 2003(7) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg-2(7) as amended by section 643(c)).
    (c) Report.--The Attorney General and the Secretary of Health and 
Human Services shall ensure that no later than 1 year after the date of 
enactment of this Act, a report of the actions taken pursuant to 
subsection (a) is submitted to Congress.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $200,000 for fiscal year 2000.

   Subtitle C--Violence Against Women Training for Health Professions

SEC. 331. SHORT TITLE.

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

SEC. 332. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF 
              PROVISIONS REGARDING DOMESTIC VIOLENCE AND SEXUAL 
              ASSAULT.

    Section 791 of the Public Health Service Act (42 U.S.C. 295j) is 
amended by redesignating subsection (c) as subsection (d), and by 
inserting after subsection (b) the following:
    ``(c) Preferences Regarding Training in Identification and Referral 
of Victims of Domestic Violence and Sexual Assault.--
            ``(1) In general.--In the case of a health professions 
        entity specified in paragraph (2), the Secretary shall, in 
        making awards of grants or contracts under this title, give 
        preference to any such entity (if otherwise a qualified 
        applicant for the award involved) that has in effect the 
        requirement that, as a condition of receiving a degree or 
        certificate (as applicable) from the entity, each student have 
        had significant training developed in consultation and 
        collaboration with national, State, tribal, and local domestic 
        violence and sexual assault coalitions and programs in carrying 
        out the following functions as a provider of health care:
                    ``(A) Universal screening for victims of domestic 
                violence and sexual assault and maintaining complete 
                medical records that include documentation of the 
                examination and treatment given, referrals made, and 
                recording the location and nature of the victim's 
                injuries.
                    ``(B) Examining and treating such victims, within 
                the scope of the health professional's discipline, 
                training, and practice, including, at a minimum, 
                providing medical advice regarding the dynamics and 
                nature of domestic violence and sexual assault.
                    ``(C) Referring the victims to public and nonprofit 
                private entities that provide services for such 
                victims.
            ``(2) Relevant health professions entities.--For purposes 
        of paragraph (1), a health professions entity specified in this 
        paragraph is any entity that is a school of medicine, a school 
        of osteopathic medicine, a graduate program in mental health 
        practice, a school of nursing (as defined in section 853), a 
        program for the training of physician assistants, or a program 
        for the training of allied health professionals.
            ``(3) Report to congress.--Not later than 2 years after the 
        date of the enactment of the Violence Against Women Training 
        for Health Professions Act, the Secretary shall submit to the 
        Committee on Commerce of the House of Representatives and the 
        Committee on Labor and Human Resources of the Senate, a report 
        specifying the health professions entities that are receiving 
        preference under paragraph (1); the number of hours of training 
        required by the entities for purposes of such paragraph; the 
        extent of clinical experience so required; and the types of 
        courses through which the training is being provided, including 
        the extent of involvement of nonprofit nongovernmental domestic 
        violence and sexual assault victims services programs in the 
        training.
            ``(4) Definitions.--For purposes of this subsection:
                    ``(A) 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.
                    ``(B) 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.''.

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

SEC. 341. SHORT TITLE.

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

SEC. 342. FINDINGS.

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

SEC. 343. ESTABLISHMENT OF PREVENTION PROGRAM.

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

SEC. 344. PROHIBITED SEXUAL CONDUCT BY CORRECTIONAL STAFF.

    (a) Reduction of Funds.--In addition to the reduction of funds 
under section 343(d)(1), a State that does not have criminal penalties 
or a State that fails to implement criminal penalties explicitly 
prohibiting custodial sexual misconduct by correctional staff against 
prisoners shall not receive 10 percent of the funds that would 
otherwise be allocated to the State under subtitle A of title II of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
13701).
    (b) Reallocation.--Any funds that are not allocated for failure to 
comply with this section shall be reallocated to States that comply 
with this section.
    (c) Compliance Date.--Each State shall have not more than 3 years 
from the date of enactment of this Act in which to implement this 
section, except that the Attorney General may grant an additional 2 
years to a State that is making good faith efforts to implement this 
section.

SEC. 345. NATIONAL SEXUAL CONTACT HOTLINE FOR PRISONERS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Attorney General shall create a national, 
confidential, toll-free telephone hotline to collect data and to 
provide information and assistance to prisoners who have experienced 
custodial sexual misconduct by corrections staff.
    (b) Activities.--Funds authorized under this section shall be 
utilized to establish and operate a national, confidential, toll-free 
sexual contact hotline. Such funds shall be used for activities, 
including--
            (1) contracting with a carrier for the use of a toll-free 
        telephone line;
            (2) employing, training, and supervising personnel to 
        answer incoming calls and provide counseling and referral 
        services to callers;
            (3) assembling, maintaining, and continually updating a 
        database of information and resources to which callers may be 
referred throughout the United States;
            (4) publicizing the hotline to prisoners throughout the 
        United States; and
            (5) tracking of the number of reports, including the name 
        and location of the individual reporting the offender, and 
        incidents.
    (c) Reporting of Information.--Information regarding the number of 
reports and the status of those reports shall be included in the 
Attorney General's annual report to Congress.
    (d) Processing Reports.--Reports may be referred to the criminal 
section of the Civil Rights Division of the Department of Justice for 
investigation or for referral to the appropriate State agency for 
investigation.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $300,000 for fiscal year 2000 
and $100,000 for each of the fiscal years 2001, 2002, 2003, and 2004.

SEC. 346. DEFINITIONS.

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

                   Subtitle E--Hate Crimes Prevention

SEC. 351. SHORT TITLE.

    This subtitle may be cited as the ``Hate Crimes Prevention Act of 
1999''.

SEC. 352. FINDINGS.

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

SEC. 353. DEFINITION OF HATE CRIME.

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

SEC. 354. 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 or attempts to cause bodily 
injury to any person, because of the actual or perceived race, color, 
religion, or national origin of any person--
            ``(A) shall be imprisoned not more than 10 years, or fined 
        in accordance with this title, or both; or
            ``(B) shall be imprisoned for any term of years or for 
        life, or fined in accordance with this title, or both if--
                    ``(i) death results from the acts committed in 
                violation of this paragraph; or
                    ``(ii) the acts committed in violation of this 
                paragraph include kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or an attempt to commit 
                aggravated sexual abuse, or an attempt to kill.
    ``(2)(A) Whoever, whether or not acting under color of law, in any 
circumstance described in subparagraph (B), willfully causes bodily 
injury to any person or, through the use of fire, a firearm, or an 
explosive device, attempts to cause bodily injury to any person, 
because of the actual or perceived religion, gender, sexual 
orientation, or disability of any person--
            ``(i) shall be imprisoned not more than 10 years, or fined 
        in accordance with this title, or both; or
            ``(ii) shall be imprisoned for any term of years or for 
        life, or fined in accordance with this title, or both, if--
                    ``(I) death results from the acts committed in 
                violation of this paragraph; or
                    ``(II) the acts committed in violation of this 
                paragraph include kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or an attempt to commit 
                aggravated sexual abuse, or an attempt to kill.
    ``(B) For purposes of subparagraph (A), the circumstances described 
in this subparagraph are that--
            ``(i) in connection with the offense, the defendant or the 
        victim travels in interstate or foreign commerce, uses a 
        facility or instrumentality of interstate or foreign commerce, 
        or engages in any activity affecting interstate or foreign 
        commerce; or
            ``(ii) the offense is in or affects interstate or foreign 
        commerce.''.

SEC. 355. DUTIES OF FEDERAL SENTENCING COMMISSION.

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

SEC. 356. GRANT PROGRAM.

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

SEC. 357. 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 2000, 2001, 2002, 2003, and 2004 
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 section 354.

     Subtitle F--Rescheduling and Classification of Date-Rape Drugs

SEC. 361. RECLASSIFICATION OF DATE-RAPE DRUG.

    Notwithstanding section 201 of the Controlled Substances Act (21 
U.S.C. 811) 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. 362. CLASSIFICATION OF DATE-RAPE DRUGS.

    Notwithstanding section 201 of the Controlled Substances Act (21 
U.S.C. 811) respecting the scheduling of controlled substances, the 
Attorney General shall, by order, add ketamine to schedule III of such 
Act and shall, by order, add Gamma Hydroxy Butyric Acid to schedule I 
of such Act.

Subtitle G--Access to Safety and Advocacy for Victims of Sexual Assault

SEC. 371. PURPOSE.

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

SEC. 372. GRANTS TO IMPROVE ACCESS TO THE JUSTICE SYSTEM.

    (a) Eligible Grantees.--Eligible grantees for grants under 
subsection (c) are--
            (1) sexual assault programs;
            (2) State, tribal, and local bar associations;
            (3) law school clinical programs;
            (4) nonprofit legal services;
            (5) court-based pro se programs;
            (6) bar association or sexual assault legal information and 
        referral services or hotlines;
            (7) State and tribal coalitions of sexual assault programs; 
        and
            (8) tribes and tribal organizations.
    (b) Eligible Services.--Activities funded under this subtitle shall 
be designed to further the health, confidentiality, safety, and 
economic needs of adult and child victims of sexual assault through 
legal assistance and advocacy for victims of sexual assault in civil, 
criminal, and administrative actions. Activities funded under this 
subtitle shall include legal assistance and advocacy on behalf of (1) 
low-income and indigent persons, or (2) persons who have inadequate 
access to sufficient financial resources to secure appropriate legal 
assistance.
    (c) Grant Authority.--The Attorney General may make grants for the 
following purposes:
            (1) To improve the availability and quality of legal 
        assistance and advocacy to adult and child victims of sexual 
        assault through efforts directed at stopping the violence, and 
        enhancing the health, confidentiality, safety, and economic 
        needs of adult and child victims of sexual assault.
            (2) To encourage the development of partnerships between 
        sexual assault programs and the full spectrum of legal 
        representation and advocacy programs, including legal services 
        programs, bar associations, legal hotlines, and law school 
        programs.
            (3) To increase participation of the private bar in pro 
        bono or low-cost representation or assistance to adult and 
        child victims of sexual assault.
            (4) To improve judicial and administrative handling of pro 
        se cases involving adult and child victims of sexual assault.
            (5) To improve the availability and quality of legal 
        representation through education and training programs on 
        sexual assault in law schools and continuing professional 
        education programs, including development and distribution of 
        education materials and practice manuals.

SEC. 373. APPLICATION.

    To be eligible for a grant under section 372(c) an applicant 
shall--
            (1) for entities described in paragraphs (2) through (6) of 
        section 372(a), include documentation of an ongoing partnership 
        and working relationship with a local or tribal sexual assault 
        program or State or tribal sexual assault coalition;
            (2) demonstrate a history of providing direct legal or 
        advocacy services in a manner that is accountable to the 
        community served;
            (3) certify that--
                    (A) any person providing legal assistance through a 
                program funded under a grant under section 372(c) has 
                completed training on sexual assault law and practice;
                    (B) any training programs conducted in satisfaction 
                of the requirement of subparagraph (A) be developed 
                with input from and in collaboration with a local or 
                tribal sexual assault program or State or tribal sexual 
                assault coalition;
                    (C) the grantee's organizational policies do not 
                require or encourage mediation or counseling involving 
                offenders and victims, in cases where adult or child 
                sexual assault is an issue; and
                    (D) any person providing legal assistance through a 
                program funded under a grant under section 372(c) has 
                informed the State or tribal sexual assault coalition 
                of their work and participates in any statewide 
                networking among legal assistance providers to victims 
                of sexual assault.

SEC. 374. FUNDING.

    (a) Allocation of Funds.--Of the total amounts appropriated under 
subsection (b) in any fiscal year--
            (1) at least 45 percent shall be allocated to projects that 
        provide direct representation to adult and child victims of 
        sexual assault through staff, volunteers, or partnerships in 
        actions undertaken to achieve or preserve the health, 
        confidentiality, safety, and economic needs of adult and child 
        victims of sexual assault;
            (2) at least 5 percent shall be used for grants to tribes 
        and tribal organizations, including tribal courts and tribal 
        bar associations and use of such funds for grants to tribes and 
        tribal organizations shall in no way preclude tribes and tribal 
        organizations from receiving additional grants for direct 
        representation, technical assistance, or any other eligible 
        purpose under this subtitle;
            (3) no more than 25 percent shall be awarded to technical 
        assistance and training initiatives; and
            (4) no more than 5 percent shall be utilized for the costs 
        of administration.
Grant funds not obligated at the end of the grant period will be 
redistributed in the following fiscal year to grantees eligible for 
grants under section 372.
    (b) Funding Levels.--Funding for grants under section 372 shall be 
authorized at the following levels:
            (1) $10,000,000 for fiscal year 2000.
            (2) $15,000,000 for fiscal year 2001.
            (3) $20,000,000 for fiscal year 2002.
            (4) $25,000,000 for fiscal year 2003.
            (5) $30,000,000 for fiscal year 2004.
    (c) Terms.--
            (1) Federal funds under a grant under section 372 shall be 
        used to supplement, not supplant, other Federal and non-Federal 
        funds that would be available for expenditure on activities 
        described in section 372. Moneys disbursed under a grant under 
        section 372 shall be used to fund new projects or to expand or 
        enhance existing projects.
            (2) Activities funded under a grant under section 372 shall 
        be conducted pursuant to any applicable Federal, State, tribal, 
        or local law governing discrimination on the basis of race, 
        national origin, religion, age, gender, sexual orientation, or 
        disability. Entities funded under a grant under section 372 
        shall not be restricted from providing services because of the 
        immigration status or sexual orientation of the person seeking 
        services.

SEC. 375. DEFINITIONS.

    For purposes of this subtitle:
            (1) 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 jurisdictions or tribal jurisdictions of the 
        United States or in a Federal prison and includes both assaults 
        committed by offenders who are strangers to the victim and 
        assaults committed by offenders who are known to the victim or 
        related by blood or marriage to the victim.
            (2) Sexual assault program.--The term ``sexual assault 
        program'' means a nonprofit, nongovernmental organization, the 
        primary purpose of which is to provide advocacy on behalf of 
        and comprehensive services to victims of sexual assault 
        including, but not limited to, some combination of the 
        following: crisis hotlines; counseling; systems advocacy; 
        transportation; safety planning; information; and referrals to 
        legal assistance.
            (3) Law school program.--The term ``law school program'' 
        means an internship, externship, clinic, or other legal 
        representation program or initiative located at an accredited 
        school of law which has as its primary purpose the provision of 
        legal representation, information, or assistance to victims of 
        sexual assault directed at improving the health, 
        confidentiality, safety, and economic needs of adult and child 
        victims of sexual assault.
            (4) Legal assistance.--The term ``legal assistance'' 
        includes--
                    (A) direct representation of and assistance to 
                victims of sexual assault from intake through 
                adjudication, enforcement and appeal, in any civil, 
                criminal, or administrative actions which are directed 
                at improving the health, confidentiality, safety, and 
                economic needs of adult and child victims of sexual 
                assault; and
                    (B) legal advocacy, including issue identification, 
                safety planning, evaluating options, policy analysis, 
                representation enhancement, outreach activities, 
                accompaniment, information, directories and referral, 
                monitoring civil, criminal, and administrative 
                proceedings, and coordination among legal, social, and 
                health care systems, offered by personnel of sexual 
                assault programs, which are directed at improving the 
                health, confidentiality, safety, and economic needs of 
                adult and child victims of sexual assault.
            (5) Nonprofit direct legal services.--The term ``nonprofit 
        direct legal services'' means a nonprofit, nongovernmental 
        legal organization which has as its primary purpose the 
        provision of legal assistance to persons on a no-cost, sliding 
        scale, deferred payment, or fixed fee basis on civil, criminal, 
        or administrative matters and which provides specialized 
        representation to adult and child victims of sexual assault 
        directed at improving the health, confidentiality, safety, and 
        economic needs of adult and child victims of sexual assault.
            (6) Pro bono program.--The term ``pro bono program'' means 
        a program affiliated with a State, tribal, or local court, bar 
        association, nonprofit direct legal services organization, or 
        sexual assault program that offers no-cost representation, 
        legal educational programs, or information and referral 
        services to victims of adult and child sexual assault directed 
        at improving the health, confidentiality, safety, and economic 
        needs of adult and child victims of sexual assault.
            (7) Pro se program.--The term ``pro se program'' means a 
        program based in the State, tribal, or local courts, in 
        nonprofit direct legal services organizations, or in sexual 
        assault programs to assist adult and child victims of sexual 
        assault--
                    (A) in preparing and filing court pleadings, forms, 
                memos, proposed orders, and related documents in 
                effecting service and in representation of themselves 
                in any civil, criminal, or administrative matters or 
                proceedings directed at improving the health, 
                confidentiality, safety, and economic needs of adult 
                and child victims of sexual assault;
                    (B) in developing comprehensive safety plans; and
                    (C) by providing other information and referral 
                services.
            (8) State, tribal, and local bar association.--The term 
        ``State, tribal, and local bar association'' means a State, 
        tribal, or local association of attorneys of a specified 
        geographic area whose members are licensed to practice in the 
        jurisdiction and that offers information, referral, or pro bono 
        legal services to adult and child victims of sexual assault 
        related to improving the health, confidentiality, safety, and 
        economic needs of adult and child victims of sexual assault.
            (9) Tribal organization.--The term ``tribal organization'' 
        means a tribally chartered organization or a nonprofit 
        organization operating within the boundaries of an Indian 
        reservation whose governing body reflects the population 
        served.
            (10) State coalition of sexual assault programs.--The term 
        ``State coalition of sexual assault programs'' means a 
        statewide, nonprofit, nongovernmental membership organization 
        of a majority of sexual assault programs within a State, that 
        among other activities, provides training and technical 
        assistance to sexual assault programs within a State, 
        commonwealth, territory, or lands under military, Federal, or 
        tribal authority.

                 TITLE IV--DOMESTIC VIOLENCE PREVENTION

   Subtitle A--Domestic Violence and Sexual Assault Victims' Housing

SEC. 401. SHORT TITLE.

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

SEC. 402. FINDINGS.

    Congress finds as follows:
            (1) Housing can prevent domestic violence and mitigate its 
        effects. The connection between domestic violence and housing 
        is overwhelming. Of all homeless women and children, 50 percent 
        are fleeing domestic violence.
            (2) Among cities surveyed, 44 percent identified domestic 
        violence as a primary cause of homelessness.
            (3) Women's poverty levels aggravate the problems of 
        homelessness and domestic violence. Two out of three poor 
adults are women. Female-headed households are six times poorer than 
male-headed households. In 1996, of the 7,700,000 poor families in the 
country, 4,100,000 of them were single female-headed households. In 
addition, 5,100,000 poor women who are not in families are poor.
            (4) Almost 50 percent of the women who receive Temporary 
        Assistance to Needy Families funds cite domestic violence as a 
        factor in the need for assistance.
            (5) Many women who flee violence are forced to return to 
        their abusers because of inadequate shelter or lack of money. 
        Even if they leave their abusers to go to a shelter, they often 
        return home because the isolation from familiar surroundings, 
        friends, and neighborhood resources makes them feel even more 
        vulnerable. Shelters and transitional housing facilities are 
        often located far from a domestic violence victim's 
        neighborhood. While this placement may be deliberate to protect 
        domestic violence victims from their abusers, it can also be 
        intimidating and alienating for a woman to leave her home, 
        community, cultural support system, and all that she knows for 
        shelter way across town. Thus, women of color and immigrant 
        women are less likely to become shelter residents.
            (6) Women who do leave their abusers lack emergency shelter 
        options. The overall number of emergency shelter beds for 
        homeless people is estimated to have decreased by an average of 
        3 percent in 1997 while requests for shelter increased on the 
        average by 3 percent. Emergency shelters struggle to meet the 
        increased need for services with about 32 percent of the 
        requests for shelter by homeless families going unmet. In fact 
        88 percent of cities reported having to turn away homeless 
        families from emergency shelters due to inadequate resources 
        for services.
            (7) Battered women and their children comprise an 
        increasing proportion of the emergency shelter population. Many 
        emergency shelters have strict time limits that require women 
        to find alternative housing immediately forcing them to 
        separate from their children.
            (8) A stable, sustainable home base is crucial for women 
        who have left situations of domestic violence and are learning 
        new job skills, participating in educational programs, working 
        full-time jobs, or searching for adequate child care in order 
        to gain self-sufficiency. Transitional housing resources and 
        services provide a continuum between emergency shelter 
        provision and independent living.

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    For purposes of section 404, the authorization of appropriations 
under section 429(a) of the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11389(a)) shall be increased by $50,000,000 for fiscal year 
2000 and by such sums as may be necessary for fiscal years 2000 through 
2004.

SEC. 404. USE OF AMOUNTS FOR HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC 
              VIOLENCE, STALKING, OR ADULT OR CHILD SEXUAL ASSAULT.

    (a) In General.--The additional amounts to be made available by 
section 403 under section 429 of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11389) shall be made available by the 
Secretary only to qualified, nonprofit, nongovernmental organizations 
(as such term is defined in section 406) only for the purpose of 
providing supportive housing (as such term is referred to in subchapter 
IV of part C of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11384)) and tenant-based rental assistance, financial assistance 
for security deposit, first month's rent, or ongoing rental assistance 
on behalf of individuals or families victimized by domestic violence, 
stalking, or adult or child sexual assault (as such terms are defined 
in section 405) who have left or are leaving a residence as a result of 
the domestic violence, stalking, or adult or child sexual assault. Each 
recipient shall be required to supplement the assistance provided under 
this subsection with a 25 percent match of funds for supportive 
services (as such term is referred to in subchapter IV of part C of the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11385)) from 
sources other than this subsection. Each recipient shall certify to the 
Secretary its compliance with this subsection and shall include with 
the certification a description of the sources and amounts of such 
supplemental funds.
    (b) Determination.--For purposes of subsection (a), an individual 
or a family victimized by domestic violence, stalking, or adult or 
child sexual assault shall be considered to have left or to be leaving 
a residence as a result of domestic violence, stalking, or adult or 
child sexual assault if the qualified, nonprofit, nongovernmental 
organization providing support, including tenant-based rental 
assistance, financial assistance for security deposit, first month's 
rent, or ongoing rental assistance under subsection (a) determines that 
the individual or member of the family who was a victim of the domestic 
violence, stalking, or adult or child sexual assault reasonably 
believes that relocation from such residence will assist in avoiding 
future domestic violence, stalking, or adult or child sexual assault 
against such individual or another member of the family.
    (c) Allocation.--Amounts made available pursuant to subsection (a) 
shall be allocated by the Secretary on the basis of a national 
competition among the qualified, nonprofit, nongovernmental 
organizations that submit applications to the Secretary that best 
demonstrate a need for such assistance, including the extent of service 
provided to underserved populations as defined in section 2003(7) of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg-2(7)) and the ability to undertake and carry out a program under 
subsection (a), as the Secretary shall determine. Of the total funds 
appropriated under section 403 in any of the enumerated fiscal years, 
at least 5 percent shall be used for grants to Indian tribes or Indian 
tribal organizations that provide emergency shelter, transitional 
housing, or permanent housing or supportive services to individuals or 
families victimized by domestic violence, stalking, or adult or child 
sexual assault and Indian tribes or Indian tribal organizations which 
receive such grants may apply for and receive other grants from the 
total funds appropriated under this subtitle. All other grants awarded 
shall go to qualified, nonprofit, nongovernmental organizations. If, at 
the end of the 6th month of any fiscal year for which sums are 
appropriated under section 403, the amount appropriated has not been 
made available to a qualified, nonprofit, nongovernmental organization 
under subsection (a) for purposes outlined therein, the Secretary shall 
reallot such amount to qualified, nonprofit, nongovernmental 
organizations that are eligible for funding under subchapter IV of part 
C of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11381-
11389). Funds made available by the Secretary through reallotment under 
the preceding sentence shall remain available for expenditure until the 
end of the fiscal year following the fiscal year in which such funds 
become available for reallotment.

SEC. 405. DEFINITIONS.

    For purposes of this subtitle:
            (1) Domestic violence.--The term ``domestic violence'' 
        includes acts or threats of violence or extreme cruelty (as 
        such term is referred to in section 216 of the Immigration and 
        Nationality Act (8 U.S.C. 1186a)), not including acts of self-
        defense, committed by a current or former spouse of the victim, 
        by a person with whom the victim has 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) Family victimized by domestic violence, stalking, or 
        adult or child sexual assault.--
                    (A) In general.--The term ``family victimized by 
                domestic violence, stalking, or adult or child sexual 
                assault'' means a family or household that includes an 
                individual who has been determined under subparagraph 
                (B) to have been a victim of domestic violence, 
                stalking, or adult or child sexual assault, but does 
                not include any individual described in paragraph (1), 
                (2), or (3) who committed the domestic violence, sexual 
                assault, or adult or child sexual assault. The term 
                includes any such family or household in which only a 
                minor or minors are the individual or individuals who 
                was or were a victim of domestic violence, stalking, or 
                sexual assault only if such family or household also 
                includes a parent, stepparent, legal guardian, or other 
                responsible caretaker for the child.
                    (B) Determination that family or individual was a 
                victim of domestic violence, stalking, or adult or 
                child sexual assault.--For purposes of subparagraph 
                (A), a determination under this subparagraph is a 
                determination that domestic violence, stalking, or 
                adult or child sexual assault has been committed, which 
                is made by any agency or official of a State, Indian 
                tribe, tribal organization, or unit of general local 
                government based upon--
                            (i) information provided by any medical, 
                        legal, counseling, or other clinic, shelter, 
                        sexual assault program or other program or 
                        entity licensed, recognized, or authorized by 
                        the State, Indian tribe, tribal organization, 
                        or unit of general local government to provide 
                        services to victims of domestic violence, 
                        stalking, or adult or child sexual assault;
                            (ii) information provided by any agency of 
                        the State, Indian tribe, tribal organization, 
                        unit of general local government, or qualified, 
                        nonprofit, nongovernmental organization that 
                        provides or administers the provision of 
                        social, medical, legal, or health services;
                            (iii) information provided by any clergy;
                            (iv) information provided by any hospital, 
                        clinic, medical facility, or doctor licensed or 
                        authorized by the State, Indian tribe, tribal 
                        organization, or unit of general local 
                        government to provide medical services;
                            (v) a petition, application, or complaint 
                        filed in any State, Federal, or tribal court or 
                        administrative agency, documents or records of 
                        action or decision of any court, law 
                        enforcement agency, or administrative agency, 
                        including any record of any protective order, 
                        injunction, or temporary or final order issued 
                        by civil or criminal courts, any self-petition 
                        or any police report; or
                            (vi) any other reliable evidence that 
                        domestic violence, stalking, or adult or child 
                        sexual assault has occurred.
                A victim's statement that domestic violence, stalking, 
                or adult or child sexual assault has occurred shall be 
                sufficient unless the agency has an independent, 
                reasonable basis to find the individual not credible.
            (3) Indian tribe.--The term ``Indian Tribe'' shall have the 
        same meaning given the term in section 2002(3) of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
        2(3)).
            (4) Qualified, nonprofit, nongovernmental organization.--
        The term ``qualified, nonprofit, nongovernmental organization'' 
        means a private organization that--
                    (A) is organized, or has as one of its primary 
                purposes, to provide emergency shelter, transitional 
                housing, or permanent housing for victims of domestic 
                violence, stalking, or adult or child sexual assault or 
                is a medical, legal, counseling, social, psychological, 
                health, job training, educational, life skills 
                development, or other clinical services program for 
                victims of domestic violence, stalking, or adult or 
                child sexual assault that undertakes a collaborative 
                project with a qualified, nonprofit, nongovernmental 
                organization that primarily provides emergency shelter, 
                transitional housing, or permanent housing for low-
                income people;
                    (B) is organized under State, tribal, or local 
                laws;
                    (C) has no part of its net earnings inuring to the 
                benefit of any member, shareholder, founder, 
                contributor, or individual;
                    (D) is approved by the Secretary as to financial 
                responsibility; and
                    (E) demonstrates experience in providing services 
                to victims of domestic violence, stalking, or adult or 
                child sexual assault.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (6) 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, on an Indian 
        reservation, or in a Federal prison and includes both assaults 
        committed by offenders who are strangers to the victims and 
        assaults committed by offenders who are known to the victims or 
        related by blood or marriage to the victim.
            (7) 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 himself or herself or a member of his or her 
        immediate family, when the person engaging in such conduct has 
        knowledge or should have knowledge that the specific person 
        will be placed in reasonable fear of death, sexual assault, or 
        bodily injury to himself or herself or a member of his or her 
        immediate family and when the conduct induces fear in the 
        specific person of death, sexual assault, or bodily injury to 
        himself or herself or a member of his or her immediate family.
            (8) State.--The term ``State'' means the States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        Guam, the Virgin Islands, American Samoa, and any other 
        territory or possession of the United States.
            (9) Transitional housing.--The term ``transitional 
        housing'' includes short-term housing and is given the meaning 
        of subchapter IV, part C of the Stewart B. McKinney Homeless 
        Assistance Act (42 U.S.C. 11384(b)).
            (10) Tribal organization.--The term ``tribal organization'' 
        means a private, nonprofit, nongovernmental, or tribally 
        chartered organization--
                    (A) whose primary purpose is to provide emergency 
                shelter, transitional housing, or permanent housing or 
                supportive services to individuals or families 
                victimized by domestic violence, stalking, or adult or 
                child sexual assault;
                    (B) that operates within the exterior boundaries of 
                an Indian reservation; and
                    (C) whose board of directors reflects the 
                population served.
            (11) Unit of general local government.--The term ``unit of 
        general local government'' has the meaning given the term in 
        section 102(a) of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5302(a)).

        Subtitle B--Full Faith and Credit for Protection Orders

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

    (a) Subsection 2265(a) of title 18, United States Code, is 
amended--
            (1) by inserting ``(1)'' before ``Any''; and
            (2) by adding after paragraph (1) the following:
    ``(2) For purposes of enforcement, a tribal court may exercise 
civil and criminal jurisdiction over any person, Indian or non-Indian, 
who violates a protection order within the tribal court's jurisdiction, 
if the exercise of jurisdiction comports with the Indian Civil Rights 
Act (25 U.S.C. 1301 et seq.). The exercise of criminal jurisdiction 
under this paragraph is subject to Federal court habeas corpus review 
under section 203 of such Act after tribal court remedies are 
exhausted.
    ``(3) For purposes of Federal, State, and tribal law enforcement, a 
protection order issued by any Federal, State, or tribal court shall be 
presumed valid upon its face.''.
    (b) Subsection 2265(b) of title 18, United States Code, is 
amended--
            (1) by inserting ``(1)'' before ``A''; and
            (2) by adding after paragraph (1) the following:
    ``(2) For purposes of paragraph (1), a Federal, State, or tribal 
court may not refuse to enforce a tribal court order on the grounds 
that the tribal court lacks jurisdiction over the defendant because of 
the defendant's status as a non-Indian or nonmember Indian.''.
    (c) Section 2265 of title 18, United States Code, is amended by 
adding at the end the following:
    ``(d) Registration.--Nothing in this section shall require prior 
filing or registration of a protection order in the enforcing State or 
tribal government in order to secure enforcement pursuant to subsection 
(a). Nothing in this section shall permit an enforcing State or tribal 
government to notify the party against whom the order has been made 
that a protection order has been registered or filed in that State or 
tribal government.
    ``(e) Notice.--Nothing in this section shall require notification 
of the party against whom the order was made in order to secure 
enforcement by a law enforcement officer pursuant to subsection (a).''.
    (d) Section 2266 of title 18, United States Code, is amended--
            (1) by inserting ``issued pursuant to State or tribal 
        divorce and child custody codes'' after ``custody orders''; and
            (2) by adding ``Custody and visitation provisions in 
        protection orders are subject to the mandates of this 
        chapter.'' after ``seeking protection.''.
    (e) Section 2265 of title 18, United States Code, as amended by 
subsection (c), is amended by adding at the end the following:
    ``(f) Compliance With Full Faith and Credit.--Within 180 days of 
the date of the enactment of the Violence Against Women Act of 1999, 
the Attorney General shall issue regulations to determine whether a 
State is in compliance with subsections (a), (b), and (c), taking into 
account the following factors:
            ``(1) The State's documented good faith efforts to ensure 
        compliance by judicial, law enforcement, and other State 
        officials, including the extent and nature of any training 
        programs, outreach, and other activities.
            ``(2) The degree to which any case of noncompliance by a 
        State official represents an isolated incident, rather than a 
        pattern of nonenforcement.
            ``(3) Any barriers to compliance presented by outdated 
        technology, recordkeeping problems, or similar issues, and the 
        State's documented good faith efforts to remove those barriers.
    ``(g) Formula Grant Reduction for Noncompliance.--
            ``(1) Penalty.--Until such time as the State out of 
        compliance is deemed by the Attorney General to comply with the 
        requirements of subsections (a), (b), and (c), the Attorney 
        General shall reduce by 10 percent the amount a State would 
        receive under subpart 1 of part E of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968.
            ``(2) Grace period.--The funding penalty assessed against a 
        noncompliant State will be held for a period of 6 months after 
        the beginning of the fiscal year. If during that time the State 
        complies with subsections (a), (b), and (c), the funding will 
        be released to the newly compliant State. Any funding not 
        released at the end of the 6-month grace period shall be 
        redistributed to other participating States that comply with 
        subsections (a), (b), and (c).
            ``(3) Effective date.--The Attorney General may begin to 
        reduce funds described in paragraph (1) on the first day of 
        each fiscal year succeeding the third fiscal year beginning 
        after the date of the enactment of this subsection.''.
    (f) Section 501(b) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3751(b)) is amended by renumbering paragraphs 
(19) through (26) as paragraphs (20) through (27), respectively, and 
inserting after paragraph (18) the following:
            ``(19) developing and implementing policies and guidelines 
        and establishing collaborative relationships with adjoining 
        States, including memorandums of understanding, to enable 
        compliance with section 2265 of title 18, United States Code, 
and effectively addressing educational, training, technology, and 
process barriers to compliance;''.

SEC. 412. GRANT PROGRAM.

    (a) In General.--The Attorney General may provide grants to assist 
States, Indian tribal governments, and units of local government to 
develop and strengthen effective law enforcement and recordkeeping 
strategies to assist States, Indian tribal governments, and units of 
local government to enforce protective orders issued by other States, 
Indian tribal governments, or units of local government.
    (b) Uses of Funds.--
            (1) In general.--Grants under this section shall provide 
        training and enhanced technology compatible with existing law 
        enforcement systems including the National Crime Information 
        Center to enforce protection orders.
            (2) Uses of funds.--Funds received under this section may 
        be used to train law enforcement, prosecutors, court personnel, 
        victim service providers, and others responsible for the 
        enforcement of protection orders, and to develop, install, or 
        expand data collection and communication systems, including 
        computerized systems, linking police, prosecutors, and courts 
        for the purpose of identifying and tracking protection orders 
        and violations of protection orders and training.
            (3) Grants to tribal governments.--At least 50 percent of 
        the amounts appropriated under subsection (c) for the purposes 
        of this section shall be used for grants to Indian tribal 
        governments.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $10,000,000 for each of fiscal 
years 2000, 2001, 2002, 2003, and 2004.

           Subtitle C--Victims of Abuse Insurance Protection

SEC. 421. SHORT TITLE.

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

SEC. 422. DEFINITIONS.

    As used in this subtitle:
            (1) Abuse.--The term ``abuse'' means the occurrence of one 
        or more of the following acts by a current or former household 
        or family member, intimate partner, or caretaker:
                    (A) Attempting to cause or causing another person 
                bodily injury, physical harm, substantial emotional 
                distress, psychological trauma, rape, sexual assault, 
                or involuntary sexual intercourse.
                    (B) Engaging in a course of conduct or repeatedly 
                committing acts toward another person, including 
                following the person without proper authority and under 
                circumstances that place the person in reasonable fear 
                of bodily injury or physical harm.
                    (C) Subjecting another person to false imprisonment 
                or kidnapping.
                    (D) Attempting to cause or causing damage to 
                property so as to intimidate or attempt to control the 
                behavior of another person.
            (2) Abuse-related claim.--The term ``abuse-related claim'' 
        means a claim arising in whole or in part out of an act or 
        pattern of abuse.
            (3) Abuse-related medical condition.--The term ``abuse-
        related medical condition'' means a medical condition which 
        arises in whole or in part out of an action or pattern of 
        abuse.
            (4) Abuse status.--The term ``abuse status'' means the fact 
        or perception that a person is, has been, or may be a subject 
        of abuse, irrespective of whether the person has sustained 
        abuse-related medical conditions or has incurred abuse-related 
        claims.
            (5) 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 other health insurance arrangement, 
                including any arrangement consisting of a hospital or 
                medical expense incurred policy or certificate, 
                hospital or medical service plan contract, or health 
                maintenance organization subscriber contract;
                    (C) workers' compensation or similar insurance to 
                the extent that it relates to workers' compensation 
                medical benefits (as defined by the Federal Trade 
                Commission); and
                    (D) automobile medical insurance to the extent that 
                it relates to medical benefits (as defined by the 
                Federal Trade Commission).
            (6) 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.
            (7) 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. For group 
        insurance, such term includes a person who is a beneficiary 
        covered by a group policy, certificate, or health benefit plan. 
        For life insurance, the term refers to the person whose life is 
        covered under an insurance policy.
            (8) 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. The term also includes health 
carriers, health benefit plans, and life, disability, and property and 
casualty insurers.
            (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 against whom an act of abuse has been directed, a 
        person who has prior or current injuries, illnesses, or 
        disorders that resulted from abuse, or a person who seeks, may 
        have sought, or had reason to seek medical or psychological 
        treatment for abuse, protection, court-ordered protection, or 
        shelter from abuse.

SEC. 423. DISCRIMINATORY ACTS PROHIBITED.

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

SEC. 424. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.

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

SEC. 425. REASONS FOR ADVERSE ACTIONS.

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

SEC. 426. LIFE INSURANCE.

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

SEC. 427. SUBROGATION WITHOUT CONSENT PROHIBITED.

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

SEC. 428. ENFORCEMENT.

    (a) Federal Trade Commission.--The Federal Trade Commission shall 
have the power to examine and investigate any insurer to determine 
whether such insurer has been or is engaged in any act or practice 
prohibited by this subtitle. If the Federal Trade Commission determines 
an insurer has been or is engaged in any act or practice prohibited by 
this subtitle, the Commission may take action against such insurer by 
the issuance of a cease and desist order as if the insurer was in 
violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 
45). Such cease and desist order may include any individual relief 
warranted under the circumstances, including temporary, preliminary, 
and permanent injunctive and compensatory relief.
    (b) Private Cause of Action.--An applicant or insured who believes 
that the applicant or insured has been adversely affected by an act or 
practice of an insurer in violation of this subtitle may maintain an 
action against the insurer in a Federal or State court of original 
jurisdiction. Upon proof of such conduct by a preponderance of the 
evidence, the court may award appropriate relief, including temporary, 
preliminary, and permanent injunctive relief and compensatory and 
punitive damages, as well as the costs of suit and reasonable fees for 
the aggrieved individual's attorneys and expert witnesses. With respect 
to compensatory damages, the aggrieved individual may elect, at any 
time prior to the rendering of final judgment, to recover in lieu of 
actual damages, an award of statutory damages in the amount of $5,000 
for each violation.

SEC. 429. EFFECTIVE DATE.

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

           Subtitle D--National Summit on Sports and Violence

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

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

         Subtitle E--Keeping Firearms From Intoxicated Persons

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

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

               Subtitle F--Access to Safety and Advocacy

SEC. 451. SHORT TITLE.

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

SEC. 452. PURPOSE.

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

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

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

SEC. 454. APPLICATION.

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

SEC. 455. FUNDING.

    (a) Allocation of Funds.--Of the total amounts appropriated under 
subsection (b) in any fiscal year--
            (1) at least 45 percent shall be allocated to projects that 
        provide direct representation to victims of domestic violence 
        through staff, volunteers, or partnerships, particularly for 
        cases including custody and visitation, protection order, 
        support, housing and divorce matters, and other actions 
        undertaken to achieve or preserve victim safety;
            (2) at least 5 percent shall be used for grants to tribes 
        and tribal organizations, including tribal courts and bar 
        associations and tribes and tribal organizations which receive 
        such grants may receive additional grants for direct 
        representation, technical assistance, or any other eligible 
        purpose under this subtitle;
            (3) no more than 15 percent shall be awarded to technical 
        assistance and training initiatives;
            (4) no more than 5 percent shall be awarded to evaluation; 
        and
            (5) no more than 5 percent shall be utilized for the costs 
        of administration.
    (b) Funding Levels.--There are authorized to be appropriated for 
grants under section 453(c) $25,000,000 for fiscal year 2000, 
$30,000,000 for fiscal year 2001, $35,000,000 for fiscal year 2002, 
$44,000,000 for fiscal year 2003, and $57,000,000 for fiscal year 2004.
    (c) Matching Requirements.--Applicants for a grant under section 
453(c) shall be required to identify an actual or in-kind match for any 
proposed grant under section 453(c) of no more than 20 percent, except 
that nonprofit nongovernmental organizations shall be exempt from this 
matching requirement. Other Federal funding may not be allocated as 
match.
    (d) Nonsupplantation.--Federal funds received under section 453(c) 
shall be used to supplement, not supplant, other Federal and non-
Federal funds that would otherwise be available for expenditures on 
activities described in this subtitle. Moneys disbursed under section 
453(c) shall be used to fund new projects or to expand or enhance 
existing projects.
    (e) Discrimination.--Activities funded under section 453(c) shall 
be conducted pursuant to any applicable Federal, State, or local law 
governing discrimination on the basis of race, national origin, 
religion, age, gender, sexual orientation, or disability, and shall be 
subject to section 307(a)(2) of the Family Violence Prevention and 
Services Act (42 U.S.C. 10406(a)(2)). Entities funded under section 
453(c) shall not be restricted from providing services because of the 
immigration status or sexual orientation of the person seeking 
services.

SEC. 456. PROVISION OF TECHNICAL ASSISTANCE AND TRAINING.

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

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

    The Attorney General may evaluate the grants funded under section 
453(c) through contracts or other arrangements with entities expert on 
domestic violence and evaluation research.

SEC. 458. DEFINITIONS.

    For purposes of this subtitle:
            (1) Domestic violence.--The term ``domestic violence'' 
        includes acts or threats of violence, and stalking, not 
        including acts of self-defense, committed by a current or 
        former spouse of the victim, by a person with whom the victim 
        shares a child in common, by a person who is cohabiting with or 
        has cohabited with the victim, by a person who is or has been 
        in a continuing social relationship of a romantic or intimate 
        nature with the victim, by a person similarly situated to a 
        spouse of the victim under the domestic or family violence laws 
        of the jurisdiction, or by any other person against a victim 
        who is protected from that person's acts under the domestic or 
        family violence laws of the jurisdiction.
            (2) Domestic violence program.--The term ``domestic 
        violence program'' means a nonprofit nongovernmental 
        organization, the primary purpose of which is to provide 
        advocacy on behalf of and comprehensive services to victims of 
        domestic violence, including some combination of the following: 
        crisis hotlines, shelter or safe homes, transitional housing, 
        task forces or coordinating councils, food assistance, 
        counseling, systems advocacy, transportation, safety planning, 
        information and referral, and legal assistance.
            (3) Law school program.--The term ``law school program'' 
        means an internship, externship, clinic, or other legal 
        representation program or initiative located at an accredited 
        school of law which has as its primary purpose the provision of 
        legal representation, information, or assistance to victims of 
        domestic violence directed at stopping the violence, enhancing 
        the victim safety, assuring economic protection and well-being, 
        or protecting child victims of domestic violence.
            (4) Legal assistance.--The term ``legal assistance'' 
        includes--
                    (A) direct representation of and assistance to 
                victims of domestic violence from intake through 
                adjudication, enforcement, and appeal, in any civil 
                action, administrative proceeding, criminal cases where 
                the defendant advances a claim of duress or a defense 
                of self or other or in clemency proceedings, to include 
                representation from intake through adjudication, 
                enforcement and appeal directed at stopping the 
                violence, enhancing victim safety, assuring economic 
                protection and well-being, or protecting child victims 
                of domestic violence; and
                    (B) legal advocacy, including issue identification, 
                safety planning, evaluating options, policy analysis, 
                representation enhancement, outreach activities, 
                accompaniment, information, directories and referral, 
                monitoring the civil and criminal justice process, and 
                coordination among legal, social, and health care 
                systems, offered by personnel of domestic violence 
                programs, which is directed at stopping the violence, 
                enhancing victim safety, assuring economic protection 
                and well-being or protecting child victims of domestic 
                violence.
            (5) Nonprofit direct legal services.--The term ``nonprofit 
        direct legal services'' means a nonprofit legal organization 
        which has as its primary purpose the provision of legal 
        assistance to persons on a no-cost, sliding scale, deferred 
        payment, or fixed fee basis on civil or criminal legal matters 
        and which provides specialized representation to victims of 
        domestic violence directed at stopping the violence, enhancing 
        victim safety, assuring economic protection and well-being or 
        protecting child victims of domestic violence.
            (6) Pro bono program.--The term ``pro bono program'' means 
        a program affiliated with a State, tribal, or local court, bar 
        association, nonprofit direct legal services organization, or a 
        domestic violence program that offers no-cost representation, 
        legal educational programs, or information and referral 
        services to victims of domestic violence directed at stopping 
        the violence, enhancing victim safety, assuring economic 
        protection and well-being, or protecting child victims of 
        domestic violence.
            (7) Pro se program.--The term ``pro se program'' means a 
        program based in the State, tribal, or local courts, in 
        nonprofit direct legal services organizations, or in domestic 
        violence programs to assist victims of domestic violence--
                    (A) in preparation and filing of court pleadings, 
                forms, memos, proposed orders, and related documents, 
                in effecting service, and in representation of 
                themselves in any civil or administrative matters or 
                proceedings directed at stopping the violence, 
                enhancing victim safety, assuring economic protection 
                and well-being, or protecting child victims of domestic 
                violence;
                    (B) to develop comprehensive safety plans; and
                    (C) to offer information and referral services.
            (8) State coalition of domestic violence programs.--The 
        term ``State coalition of domestic violence programs'' means a 
        private, nonprofit, nongovernmental statewide membership 
        organization of domestic violence programs that, among other 
        activities, provides training and technical assistance to 
        domestic violence programs within the State, commonwealth, 
        territory, or lands under military, Federal, or tribal 
        authority.
            (9) State, tribal, or local bar association.--The term 
        ``State, tribal, or local bar association'' means a State, 
        tribal, or local association of attorneys of a specified 
        geographic area whose members are licensed to practice in the 
        jurisdictions and that offers information, referral, or pro 
        bono legal services to victims of domestic violence directed at 
stopping the violence, enhancing victim safety, achieving economic 
justice, or protecting child victims of domestic violence.
            (10) Tribal organization.--The term ``tribal organization'' 
        means a tribally chartered organization or a nonprofit 
        organization operating within the boundaries of an Indian 
        reservation whose governing body reflects the populations 
        served.

 Subtitle G--Strengthening Enforcement To Reduce Violence Against Women

SEC. 461. 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.''.

                   Subtitle H--Disclosure Protections

SEC. 471. DISCLOSURE PROTECTIONS UNDER THE CHILD SUPPORT PROGRAM.

    (a) Federal Parent Locator Service.--Section 453(b)(2) of the 
Social Security Act (42 U.S.C. 653(b)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``or that the health, safety, or liberty of a parent or child 
        would be put at risk by the disclosure of such information,'' 
        before ``provided that'';
            (2) in subparagraph (A), by inserting ``, that the health, 
        safety, or liberty of a parent or child would be put at risk by 
        the disclosure of such information,'' before ``and that 
        information''; and
            (3) in subparagraph (B)(i), by striking ``be harmful to the 
        parent or the child'' and inserting ``place the health, safety, 
        or liberty of a parent or child at risk''.
    (b) Section 453(c)(2) of the Social Security Act (42 U.S.C. 
653(c)(2)) is amended by inserting ``, or to serve as the initiating 
court in an action to seek an order,'' before ``against a 
noncustodial''.
    (c) State Plan Requirements.--Section 454(26) of the Social 
Security Act (42 U.S.C. 654) is amended--
            (1) in subparagraph (C), by striking ``result in physical 
        or emotional harm to the party or the child'' and inserting 
        ``place the health, safety, or liberty of a parent or child at 
        risk'';
            (2) in subparagraph (D), by striking ``of domestic violence 
        or child abuse against a party or the child and that the 
        disclosure of such information could be harmful to the party or 
        the child'' and inserting ``that the health, safety, or liberty 
        of a parent or child would be put at risk by the disclosure of 
        such information''; and
            (3) in subparagraph (E), by striking ``of domestic 
        violence'' and all that follows through the semicolon and 
        inserting ``that the health, safety, or liberty of a parent or 
        child would be put at risk by the disclosure of such 
        information pursuant to section 453(b)(2), the court shall 
        determine whether disclosure to any other person or persons of 
        information received from the Secretary could place the health, 
        safety, or liberty of a parent or child unreasonably at risk 
        (if the court determines that disclosure to any other person 
        could be harmful, the court and its agents shall not make any 
        such disclosure);''.
    (d) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Balanced Budget Act of 
1997 (Public Law 105-33; 111 Stat. 251).

         TITLE V--VIOLENCE AGAINST WOMEN IN THE MILITARY SYSTEM

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

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

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

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

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

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

SEC. 502. RECORDS OF MILITARY JUSTICE ACTIONS.

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

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

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

SEC. 511. TRANSITIONAL COMPENSATION.

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

                 Subtitle C--Confidentiality of Records

SEC. 521. CONFIDENTIALITY OF RECORDS.

    (a) The Secretary of Defense shall study the policies, procedures, 
and practices of the military departments for protecting the 
confidentiality of communications between--
            (1) a dependent of a member of the Armed Forces who--
                    (A) is a victim of sexual harassment, sexual 
                assault, or intrafamily abuse; or
                    (B) has engaged in such misconduct; and
            (2) a therapist, counselor, advocate, or other professional 
        from whom the victim seeks professional services in connection 
        with effects of such misconduct.
    (b)(1) The Secretary of Defense shall prescribe in regulations the 
policies and procedures that the Secretary considers necessary to 
provide the maximum possible protections for the confidentiality of 
communications described in subsection (a) relating to misconduct 
described in that subsection.
    (2) The regulations shall provide the following:
            (A) Complete confidentiality of the records of the 
        communications of dependents of members of the Armed Forces.
            (B) Characterization of the records under family advocacy 
        programs of the Department of Defense as primary medical 
        records for purposes of the protections from disclosure that 
        are associated with primary medical records.
            (C) Facilitated transfer of records under family advocacy 
        programs in conjunction with changes of duty stations of 
        persons to whom the records relate in order to provide for 
        continuity in the furnishing of professional services.
            (D) Adoption of standards of confidentiality and ethical 
        standards that are consistent with standards issued by relevant 
        professional associations.
    (3) In prescribing the regulations, the Secretary shall consider 
the following:
            (A) Any risk that the goals of advocacy and counseling 
        programs for helping victims recover from adverse effects of 
        misconduct will not be attained if there is no assurance that 
        the records of the communications (including records of 
        counseling sessions) will be kept confidential.
            (B) The extent, if any, to which a victim's safety and 
        privacy should be factors in determinations regarding--
                    (i) disclosure of the victim's identity to the 
                public or the chain of command of a member of the Armed 
                Forces alleged to have engaged in the misconduct toward 
                the victim; or
                    (ii) any other reaction that facilitates such a 
                disclosure without the consent of the victim.
            (C) The eligibility for care and treatment in medical 
        facilities of the uniformed services for any person having a 
        uniformed services identification card (including a card 
        indicating the status of a person as a dependent of a member of 
        the uniformed services) that is valid for that person.
            (D) The appropriateness of requiring that so-called Privacy 
        Act statements be presented as a condition for proceeding with 
        the furnishing of treatment or other services by professionals 
        referred to in subsection (a).
            (E) The appropriateness of adopting the same standards of 
        confidentiality and ethical standards that have been issued by 
        such professional associations as the American Psychiatric 
        Association and the National Association of Social Workers.
    (4) The regulations may not prohibit the disclosure of information 
to a Federal or State agency for a law enforcement or other 
governmental purpose.
    (c) The Secretary of Defense shall consult with the Attorney 
General in carrying out this section.
    (d) Not later than 90 days after the date of the enactment of this 
Act, the Secretary shall submit to Congress a report on the actions 
taken under this section. The report shall include a discussion of the 
results of the study under subsection (a) and the comprehensive 
discussion of regulations prescribed under subsection (b).

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

           Subtitle A--Older Women's Protection From Violence

SECTION 601. SHORT TITLE.

    This subtitle may be cited as the ``Older Women's Protection From 
Violence Act of 1999''.

SEC. 602. FINDINGS.

    Congress finds that--
            (1) of the estimated more than 1,000,000 persons age 65 and 
        over who are victims of abuse each year, at least \2/3\ are 
        women;
            (2) in almost 9 out of 10 incidents of domestic elder abuse 
        and neglect, the perpetrator is a family member and adult 
        children of the victims are the largest category of 
        perpetrators and spouses are the second largest category of 
        perpetrators;
            (3) the number of reports of elder abuse in the United 
        States increased by 150 percent between 1986 and 1996 and is 
        expected to continue growing;
            (4) it is estimated that at least 5 percent of the Nation's 
        elderly are victims of moderate to severe abuse and that the 
        rate for all forms of abuse may be as high as 10 percent;
            (5) elder abuse is severely underreported, with 1 in 5 
        cases being reported in 1980 and 1 in 8 cases being reported 
        today;
            (6) based on site-specific information from the Indian 
        Health Service, the rate of trauma and violence faced by Indian 
        women could be considered to be epidemic;
            (7) elder abuse takes on many forms, including physical 
        abuse, sexual abuse, psychological (emotional) abuse, neglect 
        (intended or unintended), and financial exploitation;
            (8) many older persons, particularly women and minorities, 
        fail to report abuse because of shame or as a result of prior 
        unsatisfactory experiences with individual agencies or others 
        who lacked sensitivity to the concerns or needs of older 
        people;
            (9) the lack of culturally relevant elder abuse services 
        for Indian women makes access to shelter and other services 
        difficult and often impossible for some Indian women;
            (10) many older persons fail to report abuse because they 
        are dependent on their abusers and fear being abandoned or 
        institutionalized;
            (11) the lack of access to telephones, law enforcement, and 
        health services in remote areas, including Indian reservations, 
        makes access to relief from elder abuse particularly difficult 
        for some populations;
            (12) public and professional awareness and identification 
        of elder abuse is difficult because older persons are not tied 
        into many social networks (such as schools or jobs), and may 
        become isolated in their homes, which can increase the risk of 
        elder abuse;
            (13) the Department or Justice does not include age as a 
        category for criminal statistics reporting;
            (14)(A) there are relatively few statistics and research 
        studies regarding violence against older women, and even less 
        is known about the incidence of violence against Indian women; 
        and
            (B) there is no national database regarding the violence 
        against Indian women; and
            (15) older persons would greatly benefit from policies that 
        develop, strengthen, and implement programs for the prevention 
        of abuse, including neglect and exploitation, and provide 
        related assistance for victims.

             CHAPTER 1--VIOLENCE AGAINST WOMEN ACT OF 1994

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

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

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

``SEC. 40801. DEFINITIONS.

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

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

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

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

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

``SEC. 40804. AUTHORIZATION OF APPROPRIATIONS.

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

         CHAPTER 2--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

SEC. 604. DEFINITIONS.

    Section 309 of the Family Violence Prevention and Services Act (42 
U.S.C. 10408), as amended by section 123(f), is amended by adding at 
the end the following:
            ``(8) The term `older individual' has the meaning given the 
        term in section 102 of the Older Americans Act of 1965.''.

SEC. 605. 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 in paragraph (1)(A), by inserting 
before the semicolon ``, including programs and providers of direct 
services targeted to older individuals''.

SEC. 606. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

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

                 CHAPTER 3--OLDER AMERICANS ACT OF 1965

SEC. 607. DEFINITIONS.

    Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is 
amended by adding at the end the following:
            ``(45) The term `domestic violence' includes acts or 
        threats of violence, not including acts of self defense, 
        committed by a current or former spouse of the victim, by a 
        person related by blood or marriage to the victim, by a person 
        who is cohabiting with or has cohabited with the victim, by a 
        person with whom the victim shares a child in common, by a 
        person who is or has been in a continuing social relationship 
        of a romantic or intimate nature with the victim, by a person 
        similarly situated to a spouse of the victim under the domestic 
        or family violence laws of the jurisdiction of the victim, or 
        by any other person against a victim who is protected from that 
        person's acts under the domestic or family violence laws of the 
        jurisdiction.
            ``(46) The term `sexual assault' has the meaning given the 
        term in section 2003 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796gg-2).''.

SEC. 608. RESEARCH ABOUT THE SEXUAL ASSAULT OF WOMEN WHO ARE OLDER 
              INDIVIDUALS.

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

SEC. 609. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.

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

SEC. 610. TRAINING FOR HEALTH PROFESSIONALS, AND OTHER PROVIDERS OF 
              SERVICES TO OLDER INDIVIDUALS, ON SCREENING FOR ELDER 
              ABUSE, NEGLECT, AND EXPLOITATION.

    Section 411 of the Older Americans Act of 1965 (42 U.S.C. 3031) is 
amended by adding at the end the following:
    ``(f)(1) The Assistant Secretary for Aging shall, in consultation 
with the Assistant Secretary for Children and Families, the Surgeon 
General, the Indian Health Service, the Director of the National 
Institute on Aging, national nonprofit, nongovernmental or tribal 
organizations with nationally recognized expertise in elder abuse, 
domestic violence, or sexual assault, and other specialists working in 
the areas of domestic violence and sexual assault against seniors and 
elder abuse, update and improve curricula and implement continuing 
education training programs for adult protective service workers, 
persons carrying out a State Long-Term Care Ombudsman program, health 
care providers (including home health care providers), and mental 
health providers (including specialists), social workers, clergy, 
domestic violence service providers, sexual assault service providers, 
and other community-based social service providers in settings, 
including senior centers, adult day care facilities, nursing homes, 
board and care facilities, senior housing, and the homes of older 
individuals to improve the ability of the persons using the curriculum 
and training programs to recognize and address instances of elder 
abuse, neglect, and exploitation, including domestic violence and 
sexual assault against older individuals.
    ``(2) In carrying out paragraph (1), the Assistant Secretary shall 
develop and implement separate curricula and training programs for 
medical students, physicians, mental health providers, physician 
assistants, nurse practitioners, nurses, and social workers.
    ``(3) In carrying out paragraph (1), the Assistant Secretary shall 
provide information about the curricula and training programs to 
entities described in sections 746(d), 777 (a) and (b), 791(d)(2), and 
860(g)(2) of the Public Health Service Act (42 U.S.C. 293j(d), 294o (a) 
and (b), 295j(d)(2), and 298b-7(g)(2)) that seek grants or contracts 
under title VII or VIII of such Act.''.

SEC. 611. DOMESTIC VIOLENCE SHELTERS AND PROGRAMS FOR OLDER 
              INDIVIDUALS.

    Section 422(b) of the Older Americans Act of 1965 (42 U.S.C. 
3035a(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(13) expand access to domestic violence and sexual 
        assault programs, including shelters, rape crisis centers, 
        support groups, mental health services, safety planning, and 
        legal advocacy, for older individuals and encourage the use of 
        hotels, hospitals, senior housing, nursing homes, or other 
        suitable facilities when appropriate as emergency short-term 
        shelters or are otherwise appropriate 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 and programs, such as impediments to provision 
        of the services in coordination with delivery of health care or 
        senior services.''.

SEC. 612. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 613. COMMUNITY INITIATIVES AND OUTREACH.

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

            ``Subtitle C--Community Initiatives and Outreach

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

    ``(a) In General.--The Assistant Secretary shall make grants to 
nonprofit private organizations or tribal 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.
    ``(b) Award Requirement.--In awarding grants under subsection (a), 
the Assistant Secretary shall take into consideration--
            ``(1) State and tribal efforts to carry out the activities 
        described in such subsection; and
            ``(2) encouraging coordination among the State and tribal 
        efforts, State adult protective service activities, and 
        activities of private nonprofit organizations.

``SEC. 762. OUTREACH TO OLDER INDIVIDUALS.

    ``(a) In General.--The Assistant 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, nursing homes, board and care 
facilities, and senior centers.
    ``(b) Award Requirement.--In awarding grants under subsection (a), 
the Assistant Secretary shall take into consideration--
            ``(1) State and tribal efforts to develop and implement 
        outreach programs described in such subsection; and
            ``(2) encouraging coordination among the State and tribal 
        efforts, State adult protective service activities, and 
        activities of private nonprofit organizations.

``SEC. 763. AUTHORIZATION OF APPROPRIATIONS.

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

                  CHAPTER 4--PUBLIC HEALTH SERVICE ACT

SEC. 614. SHORT TITLE.

    This chapter may be cited as the ``Elder Abuse Identification and 
Referral Act of 1999''.

SEC. 615. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF 
              PROVISIONS REGARDING IDENTIFICATION AND REFERRAL FOR 
              ELDER ABUSE AND NEGLECT.

    (a) Title VII Programs; Preferences in Financial Awards.--Section 
791 of the Public Health Service Act (42 U.S.C. 295j), as amended in 
title III of this Act, is amended by redesignating subsection (d) as 
subsection (e) and by inserting after subsection (c) the following 
subsection:
    ``(d) Preferences Regarding Training in Identification and Referral 
of Victims of Elder Abuse and Neglect.--
            ``(1) In general.--In the case of a health professions 
        entity specified in paragraph (2), the Secretary shall, in 
        making awards of grants or contracts under this title, give 
        preference to any such entity (if otherwise a qualified 
        applicant for the award involved) that has in effect the 
        requirement that, as a condition of receiving a degree or 
        certificate (as applicable) from the entity, each student have 
        had significant training (such as training conducted in 
        accordance with curricula or programs authorized under section 
        411(f) of the Older Americans Act of 1965 (42 U.S.C. 3031(f))), 
        in carrying out the following functions as a provider of health 
        care:
                    ``(A) Identifying victims of elder abuse and 
                neglect, including domestic violence and sexual assault 
                against older individuals, and maintaining complete 
                medical records that include documentation of the 
                examination, treatment given, and referrals made, and 
                recording the location and nature of the victim's 
                injuries.
                    ``(B) Examining and treating such victims, within 
                the scope of the health professional's discipline, 
                training, and practice, including, at a minimum, 
                providing medical advice regarding the dynamics and 
                nature of elder abuse and neglect, including domestic 
                violence and sexual assault against older individuals.
                    ``(C) Referring the victims to public and nonprofit 
                private entities that provide services for such 
                victims.
            ``(2) Relevant health professions entities.--For purposes 
        of paragraph (1), a health professions entity specified in this 
        paragraph is any entity that is a school of medicine, a school 
        of osteopathic medicine, a graduate program in mental health 
        practice, a school of nursing (as defined in section 853), a 
        program for the training of physician assistants, or a program 
        for the training of allied health professionals.
            ``(3) Report to congress.--Not later than 2 years after the 
        date of the enactment of the Elder Abuse Identification and 
        Referral Act of 1999, the Secretary shall submit to the 
        Committee on Commerce of the House of Representatives, and the 
        Committee on Labor and Human Resources of the Senate, a report 
        specifying--
                    ``(A) the health professions entities that are 
                receiving preference under paragraph (1);
                    ``(B) the number of hours of training required by 
                the entities for purposes of such paragraph;
                    ``(C) the extent of clinical experience so 
                required; and
                    ``(D) the types of courses through which the 
                training is being provided.
            ``(4) Definitions.--In this subsection:
                    ``(A) In general.--The terms `abuse', `neglect', 
                `domestic violence', and `older individual' have the 
                meanings given the terms in section 102 of the Older 
                Americans Act of 1965 (42 U.S.C. 3002).
                    ``(B) Elder abuse and neglect.--The term `elder 
                abuse and neglect' means abuse and neglect of an older 
                individual.
                    ``(C) Sexual assault.--The term `sexual assault' 
                has the meaning given the term in section 2003 of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (42 
                U.S.C. 3796gg-2).''.
    (b) Conforming Amendment.--Section 411(f) of the Older Americans 
Act of 1965 (as added by section 610) 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.''.

SEC. 616. AREA HEALTH EDUCATION CENTERS.

    Subparagraphs (D) and (E) of section 746(d)(2) of the Public Health 
Service Act (42 U.S.C. 293j(d)(2)) are each amended by inserting ``, 
which may include training in domestic violence, sexual assault, and 
elder abuse screening and referral protocols'' before the semicolon.

SEC. 617. GERIATRIC CENTERS AND TRAINING.

    (a) Geriatric Education Centers.--Section 777(a)(4) of the Public 
Health Service Act (42 U.S.C. 294o(a)(4)) is amended by inserting ``, 
including training and retraining of faculty to provide instruction 
regarding identification and treatment of older individuals who are the 
victims of domestic violence, sexual assault, and elder abuse'' before 
the semicolon.
    (b) Geriatric Training Regarding Physicians and Dentists.--Section 
777(b)(2)(D) of the Public Health Service Act (42 U.S.C. 294o(b)(2)(D)) 
is amended--
            (1) by striking ``and exposure'' and inserting ``, 
        exposure''; and
            (2) by inserting ``, and screening for elder abuse, and 
        domestic violence and sexual assault,'' after ``of elderly 
        individuals''.

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

SEC. 620. SHORT TITLE.

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

SEC. 621. FINDINGS.

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

SEC. 622. OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.

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

SEC. 623. FAMILY VIOLENCE PREVENTION AND SERVICES ACT.

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

SEC. 624. VIOLENCE AGAINST WOMEN ACT.

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

SEC. 625. TRAINING PROGRAMS FOR SOCIAL SERVICE AND HEALTH PROVIDERS.

    (a) In General.--The Secretary of Health and Human Services may 
develop curricula and implement training and continuing education 
programs for protective services workers, health providers, social 
workers, clergy, independent living center case workers, and other 
community-based disability-related service providers to improve their 
ability to recognize and address instances of domestic violence 
directed against women with disabilities.
    (b) Authorization.--There are authorized to be appropriated to 
carry out the purposes of this section $10,000,000 for each of fiscal 
years 2000, 2001, 2002, 2003, and 2004.

SEC. 626. TRAINING FOR HEALTH PROFESSIONALS ON SCREENING FOR ABUSE OF 
              WOMEN WITH DISABILITIES.

    (a) In General.--The Secretary of Health and Human Services may 
make grants and enter into contracts to establish and carry out the 
training of health professionals, including physicians, nurses, 
physician assistants, and nurse practitioners, to ensure they will 
receive training in screening for abuse of women with disabilities and 
instruction in appropriate actions when cases of abuse are identified.
    (b) Authorization.--There are authorized to be appropriated to be 
used to award grants under this section $10,000,000 for each of fiscal 
years 2000, 2001, 2002, 2003, and 2004.

SEC. 627. RESEARCH ABOUT SEXUAL ABUSE AND VIOLENCE AGAINST WOMEN WITH 
              DISABILITIES.

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

SEC. 628. GRANTS FOR TECHNICAL ASSISTANCE.

    (a) In General.--The Attorney General shall make grants to States, 
nongovernmental private entities, and tribal organizations 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 national, State, local, and 
tribal organizations and programs that provide services to individuals 
with disabilities, including independent living centers, disability-
related service organizations, domestic violence programs providing 
shelter or related assistance, rape crisis centers, and programs 
providing sexual assault services, other victim services organizations, 
and women with disabilities.
    (d) Authorization of Appropriations.--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 $10,000,000 for 
each of fiscal years 2000 through 2004.

                  Subtitle C--Battered Immigrant Women

SEC. 630. FINDINGS AND PURPOSES.

    (a) Findings.--
    Congress finds that--
            (1) the goal of the immigration protections for battered 
        immigrants included in the Violence Against Women Act 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 the immigration 
        protections of the Violence Against Women Act of 1994 which 
        means that their abusers are virtually immune from prosecution 
        because their victims can be deported and the Immigration and 
        Naturalization Service cannot offer them protection no matter 
        how compelling their case under existing law.
    (b) Purposes.--
    The purposes of this subtitle are--
            (1) to promote criminal prosecutions of all persons who 
        commit acts of battery or extreme cruelty against immigrant 
        women and children;
            (2) to offer protection against domestic violence occurring 
        in family and intimate relationships that are covered in State 
        and tribal protection orders, domestic violence, and family law 
        statutes; and
            (3) to correct erosions of Violence Against Women Act of 
        1994 immigration protections that occurred as a result of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 and the Balanced Budget Act of 1997 without otherwise 
        amending the effect of these laws on other aliens.

 SEC. 631. VAWA RESTORATION ACT

    (a) Short Title.--This subtitle may be cited as the ``VAWA 
Restoration Act''.
    (b) Removing Barriers to Adjustment of Status for Victims of 
Domestic Violence.--
            (1) Immigration amendments.--Section 245 of the Immigration 
        and Nationality Act (8 U.S.C. 1255) is amended--
                    (A) in subsection (a), by inserting ``of an alien 
                who qualifies for classification under subparagraph 
                (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), 
                or (B)(iv) of section 204(a)(1) or'' after ``The 
                status'';
                    (B) in subsection (c)(2), by striking ``201(b) or a 
                special'' and inserting ``201(b), an alien who 
                qualifies for classification under subparagraph 
                (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), 
                or (B)(iv) of section 204(a)(1), or a special'';
                    (C) in subsection (c)(4), by striking ``201(b))'' 
                and inserting ``201(b) or an alien who qualifies for 
                classification under subparagraph (A)(iii), (A)(iv), 
                (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of 
                section 204(a)(1))'';
                    (D) in subsection (c)(5), by inserting ``(other 
                than an alien who qualifies for classification under 
                subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), 
                (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1))'' 
                after ``an alien''; and
                    (E) in subsection (c)(8), by inserting ``(other 
                than an alien who qualifies for classification under 
                subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), 
                (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1)'' 
                after ``any alien''.
            (2) Effective Date.--The amendments made by subsection (a) 
        shall apply to applications for adjustment of status pending on 
        or after the date of the enactment of this subtitle.
    (c) Removing Barriers to Cancellation of Removal and Suspension of 
Deportation for Victims of Domestic Violence.--
            (1) Special rule for calculating continuous period for 
        battered spouse or child.--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 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.''.
            (2) Exemption from annual limitation on cancellation of 
        removal for battered spouse or child.--Section 240A(e)(3) of 
        the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is 
        amended by adding at the end the following:
                    ``(C) Removal cancellation.--Aliens whose removal 
                is canceled under subsection (b)(2).''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) 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).
            (4) Modification of certain transition rules for battered 
        spouse or child.--
                    (A) Subparagraph (C) of section 309(c)(5) of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (8 U.S.C. 1101 note) is amended by amending 
                the subparagraph heading to read as follows:
                    ``(C) Special rule for certain aliens granted 
                temporary protection from deportation and for battered 
                spouses and children.--''; and
                    (B) in clause (i)--
                            (i) by striking, ``or'' at the end of 
                        subclause (IV);
                            (ii) by striking the period at the end of 
                        subclause (V) and inserting ``; or''; and
                            (iii) by adding at the end the following:
                                    ``(VI) is an alien who was issued 
                                an order to show cause or was in 
                                deportation proceedings prior to April 
                                1, 1997, and who applied for suspension 
                                of deportation under section 244(a)(3) 
                                of the Immigration and Nationality Act 
                                (as in effect before the date of the 
                                enactment of this Act).''.
            (5) Effective date.--The amendments made by paragraph (4) 
        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).
    (d) Eliminating Time Limitations on Motions To Reopen Removal and 
Deportation Proceedings for Victims of Domestic Violence.--
            (1) Removal proceedings.--
                    (A) In general.--Section 240(c)(6)(C) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1229a(c)(6)(C)) amended by adding at the end the 
                following:
                            ``(iv) Special rule for battered spouses 
                        and children.--There is no time limit on the 
                        filing of a motion to reopen, and the deadline 
                        specified in subsection 240(b)(5)(C) does not 
                        apply, if the basis for the motion is to apply 
                        for adjustment of status based on a petition 
                        filed under clause (iii), (iv), (v), or (vi) of 
                        section 204(a)(1)(A), clause (ii), (iii), or 
                        (iv) of section 204(a)(1)(B), or section 
                        240A(b)(2) and if the motion is accompanied by 
                        a cancellation of removal application to be 
                        filed with the Attorney General or by a copy of 
                        the self-petition that has been or will be 
                        filed with the Immigration and Naturalization 
                        Service upon the granting of the motion to 
                        reopen.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall take effect as if included in 
                the enactment of the amendments made by section 304 of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1229-1229c).
            (2) Deportation proceedings.--
                    (A) In general.--Notwithstanding any limitation 
                imposed by law on motions to reopen or rescind 
                deportation proceedings under the Immigration and 
                Nationality Act (as in effect before the title III-A 
                effective date in section 309 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1101 note)), there is no time limit on 
                the filing of a motion to reopen such proceedings, and 
                the deadline specified in section 242B(c)(3) of the 
                Immigration and Nationality Act (as so in effect) (8 
                U.S.C. 1252b(c)(3)) does not apply if the basis of the 
                motion is to apply for relief under clause (iii), (iv), 
                (v), or (vi) of section 204(a)(1)(A) of the Immigration 
                and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause 
                (ii), (iii), or (iv) of section 204(a)(1)(B) of such 
                Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of 
such Act (as so in effect) (8 U.S.C. 1254(a)(3)) and if the motion is 
accompanied by a suspension of deportation application to be filed with 
the Attorney General or by a copy of the self-petition that will be 
filed with the Immigration and Naturalization Service upon the granting 
of the motion to reopen.
                    (B) Applicability.--Paragraph (1) shall apply to 
                motions filed by aliens who--
                            (i) are, or were, in deportation 
                        proceedings under the Immigration and 
                        Nationality Act (as in effect before the title 
                        IIIA effective date in section 309 of the 
                        Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996 (8 U.S.C. 1101 
                        note)); and
                            (ii) have become eligible to apply for 
                        relief under clause (iii), (iv), (v), or (vi) 
                        of section 204(a)(1)(A) of the Immigration and 
                        Nationality Act (8 U.S.C. 1154(a)(1)(A)), 
                        clause (ii), (iii), or (iv) of section 
                        204(a)(1)(B) of such Act (8 U.S.C. 
                        1154(a)(1)(B)), or section 244(a)(3) of such 
                        Act (as in effect before the title III-A 
                        effective date in section 309 of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (8 U.S.C. 1101 note)) as a result 
                        of the amendments made by--
                                    (I) subtitle G of title IV of the 
                                Violent Crime Control and Law 
                                Enforcement Act of 1994 (Public Law 
                                103-322; 108 Stat. 1953 et seq.); or
                                    (II) section 627(c) of this 
                                subtitle.

 SEC. 632. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE VIOLENCE 
              AGAINST WOMEN ACT'S IMMIGRATION PROVISIONS.

    (a) Effect of Changes in Abusers' Citizenship Status on Self-
Petition.--
            (1) Reclassification.--Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is 
        amended by adding at the end the following new clause:
    ``(vii) For the purposes of any petition filed under clause (iii), 
(iv), (v), or (vi) of section 204(a)(1)(A), denaturalization, loss or 
renunciation, or changes to the abuser's citizenship status after 
filing of the petition shall not preclude the classification of the 
eligible self-petitioning spouse, child, or son or daughter.''
            (2) Loss of status.--Section 204(a)(1)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a) (1) (A)) is 
        amended by adding at the end the following new clause:
    ``(v)(I) For the purposes of petitions filed or approved under 
clauses (ii), (iii), and (iv) of section 204(a)(1)(B), loss of lawful 
permanent residence status by a spouse or parent after the filing of a 
petition under that clause shall not adversely affect adjudication of 
the petition, and, for an approved petition, 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 clauses (ii), (iii), and (iv) of section 204(a)(1)(B).
    ``(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 clause (ii), 
(iii), or (iv) of section 204(a)(1)(B) shall be automatically 
reclassified as a petition filed under section 204(a)(1)(A) of this Act 
even if the acquisition of citizenship occurs after divorce or 
termination of parental rights.''.
    (b) Exemption for Battered Immigrant Women Who Entered the United 
States on Fiance Visas From Conditional Residency Status Requirement.--
            (1) Section 245(d) of the Immigration and Nationality Act 
        (8 U.S.C. 1255(d)) is amended by adding at the end the 
        following: ``This subsection shall not apply to aliens who seek 
        adjustment of status on the basis of an approved self-petition 
        under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) 
        or classification under clause (ii), (iii), or (iv) of section 
        204(a)(1)(B).''.
    (c) Granting VAWA Self-Petitioners Access to Evidence the 
Immigration and Naturalization Service Holds in the Immigration File of 
an Abusive Spouse.--
            (1) Freedom of information.--Section 552a(b) of title 5, 
        United States Code, is amended:
                    (A) at the end of paragraph (11) by striking 
                ``and'';
                    (B) at the end of paragraph (12) by striking the 
                period and inserting ``; and''; and
                    (C) by adding after paragraph (12) the following 
                new paragraph:
            ``(13) to the spouse, child, or son or daughter of a 
        naturalized United States citizen or lawful permanent resident 
        who requests information from the Immigration and 
Naturalization Service regarding the immigration status of their spouse 
or parent, or who needs to obtain documentation in the form of official 
document or public records or copies thereof contained in the 
immigration file of a spouse or parent for the purpose of obtaining 
immigration relief or other domestic violence-related court or 
administrative remedies. This subsection shall not apply to the file or 
records of a person who has presented to the Immigration and 
Naturalization Service evidence in the form of a judicial finding, 
administrative determination, or a police report demonstrating that the 
naturalized citizen or lawful permanent resident has been battered or 
subjected to extreme cruelty.''.
    (d) Requiring Prosecutor Cooperation With Battered Immigrant VAWA 
Applicants.--
            (1) Granting access.--Section 2101(c) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)) 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, son, or daughter 
        or their advocate so long as release of the information does 
        not jeopardize ongoing prosecution of the abuser''.

 SEC. 633. WAIVERS AND EXCEPTIONS TO INADMISSIBILITY FOR OTHERWISE 
              QUALIFIED BATTERED IMMIGRANTS.

    (a) Waivers.--
            (1) Discretionary waivers for certain inadmissibility and 
        removal grounds.--Section 212 of the Immigration and 
        Nationality Act (8 U.S.C. 1182) is amended by adding at the end 
        the following:
    ``(r) Waiver of Section 212.--The Attorney General, in the Attorney 
General's discretion, may waive any provision of section 212 (other 
than paragraphs (3), (10)(A), (10)(D), and (10)(E) of subsection (a)) 
for humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest except in the case of section 
212(a)(2) or section 212(a)(6)(C) waivers, the alien must demonstrate a 
connection between the crime or disqualifying act and battery or 
extreme cruelty for any alien who qualifies for--
            ``(1) status under clause (iii), (iv), (v), or (vi) of 
        section 204(a)(1)(A) or classification under clause (ii), 
        (iii), or (iv) of section 204(a)(1)(B); or
            ``(2) relief under section 240A(b)(2) or 244(a)(3) (as in 
        effect before the enactment of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996).''.
    (b) Offering Equal Access to VAWA Immigration Protections for all 
Qualified Battered Immigrant Self-Petitioners.--
            (1) Eliminating connection between battery and unlawful 
        entry.--Section 212(a)(6)(A)(ii) of the Immigration and 
        Nationality Act (8 U.S.C. 1182) is amended by:
                    (A) striking subclause (III) and
                    (B) striking the comma at the end of subclause (I) 
                and inserting ``, and''; and
                    (C) striking ``; and'' in subclause (II) and 
                inserting a period.
            (2) Additional waivers.--Section 212(a)(9)(A)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(A)(iii)) 
        is amended by adding at the end the following: ``Clauses (i) 
        and (ii) shall also not apply to aliens to whom the Attorney 
        General has granted status under clause (iii), (iv), (v), or 
        (vi) of section 204(a)(1)(A) or classification under clause 
        (ii), (iii), or (iv) of section 204(a)(1)(B).''.
            (3) Exception.--Section 212(a)(9)(B)(iii)(IV) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1182(a)(9)(B)(iii)(IV)) is amended by striking ``if, `violation 
        of the terms of the alien's nonimmigrant visa' were substituted 
        for `unlawful entry into the United States' in subclause (III) 
        of that paragraph''.
            (4) Additional waivers.--Section 212(a)(9)(C)(ii) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)) is 
        amended by adding at the end the following: ``Clause (i) shall 
        also not apply to aliens to whom the Attorney General has 
        granted status under clause (iii), (iv), (v), or (vi) of 
        section 204(a)(1)(A) or classification under clause (ii), 
        (iii), or (iv) of section 204(a)(1)(B).''.
            (5) Waiver of certain removal grounds.--Section 
        237(a)(2)(E) of the Immigration and Nationality Act (8 U.S.C. 
        1227(a)(2)(E)) is amended by inserting at the end the 
        following:
                            ``(iii) Waiver for victims of domestic 
                        violence.--The Attorney General may waive the 
                        application of clauses (i) and (ii)--
                                    ``(I) upon determination that--
                                            ``(aa) the alien was acting 
                                        in self-defense;
                                            ``(bb) the alien was not 
                                        the principal or primary 
                                        perpetrator of violence in the 
                                        relationship;
                                            ``(cc) the alien was found 
                                        to have violated a protection 
                                        order intended to protect the 
                                        alien; or
                                            ``(dd) the alien committed 
                                        the crime for which the alien 
                                        was convicted under duress from 
                                        the person who subjected the 
                                        alien to battering or extreme 
                                        cruelty; or
                                    (II) for humanitarian purposes.''.

 SEC. 634. CALCULATION OF PHYSICAL PRESENCE IN VAWA CANCELLATION OF 
              REMOVAL AND SUSPENSION OF DEPORTATION.

    (a) Cancellation of Removal Proceedings.--Section 240A(d)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1229b(d)(2)) is amended to 
read as follows:
            ``(2) Treatment of certain breaks in presence.--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, if 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 under section 240A(b)(2).''.
    (b) Suspension of Deportation Proceedings.--
    Section 244(a)(3) of the Immigration and Nationality Act (as in 
effect before the title III-A effective date of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 
110 Stat. 3009-625)) (8 U.S.C. 1254(a)(3)) is amended by adding at the 
end the following: ``The Attorney General may waive the physical 
presence requirement for humanitarian purposes if the alien 
demonstrates a substantial connection between the absences and the 
battery or extreme cruelty forming the basis of the application for 
suspension of deportation.''.

SEC. 635. IMPROVED ACCESS TO VAWA IMMIGRATION PROTECTIONS FOR BATTERED 
              IMMIGRANT WOMEN.

    (a) Definition.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following 
new paragraph:
            ``(50) The term `intended spouse' means any alien who meets 
        the criteria set forth in section 204(j)(1)(B) or 
        204(k)(1)(B).''.
    (b) Ensuring Protection For Abused Children and Children Of 
Battered Immigrants.--Section 101(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1101(b)(1)) is amended by striking ``or'' at 
the end of subparagraph (E), by striking the period at the end of 
subparagraph (F) and inserting ``; or'', and by adding at the end the 
following:
                    ``(G) a child who turns 21 years old remains a 
                child under this section for the purposes of clauses 
                (iii) and (iv) of section 204(a)(1)(A), clauses (ii) 
                and (iii) of section 204 (a)(1)(B), section 240A(b)(2), 
                and section 244(a)(3) (as in effect before the date of 
                the enactment of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996) if, on the date a 
                petition or application was filed by the child or their 
                parent under any of these sections the child--
                            ``(i) met the definition of child in 
                        subparagraphs (A) through (F) of this 
                        paragraph; and
                            ``(ii) was under the age of 21 on the date 
                        the application or petition was filed.''.
    (c) Immediate Relative Status For Self-Petitioners Married To U.S. 
Citizens.--
            (1) Self-petitioning spouses.--
                    (A) Battery or cruelty to alien or alien's child.--
                Section 204(a)(1)(A)(iii) of the Immigration and 
                Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is 
                amended to read as follows:
    ``(iii) An alien who is described in subsection (j) may file a 
petition with the Attorney General under this clause for classification 
of the alien (and any child of the alien as defined in section 
101(b)(1)(G) if such a child has not been classified under clause (iv) 
of section 201(b)(2)(A)(i)) if the alien demonstrates to the Attorney 
General that--
            ``(I) the marriage or the intent to marry the United States 
        citizen was entered into in good faith by the alien; and
            ``(II) 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.''.
                    (B) Definition.--Section 204 of the Immigration and 
                Nationality Act is amended (8 U.S.C. 1154) by adding at 
                the end the following:
    ``(j) Definition.--An alien described in subsection (a)(1)(A)(iii) 
is an alien--
            ``(1)(A) who is the spouse of a citizen of the United 
        States;
            ``(B)(i) who believed in good faith that he or she had 
        married a citizen of the United States;
            ``(ii) whose marriage to such citizen would otherwise meet 
        the definition of qualifying marriage under section 
        216(d)(1)(A)(i); and
            ``(iii) who otherwise meets any applicable requirements 
        under this Act to establish the existence of and bona fides of 
        a marriage; but whose marriage is not legitimate solely because 
        of the bigamy of such citizen of the United States; or
            ``(C) who was a bona fide spouse of a United States citizen 
        within the past two years (and who demonstrates a substantial 
        connection between the legal termination of the marriage and 
        battering or extreme cruelty by the United States citizen 
        spouse;
            ``(2) who is a person of good moral character;
            ``(3) 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 of the United 
        States that the alien intended to marry; and
            ``(4) who has resided with the alien's spouse or intended 
        spouse.''.
            (2) Guaranteeing access to vawa relief for battered 
        immigrants brought into the united states on fiance visas.--For 
        aliens who entered the country on fiance visas, failure to 
        marry the sponsor or failure to marry the sponsor within 90 
        days as required under section 101(a)(15)(K) (8 U.S.C. 
        1101(a)(15)(K)) shall not bar access to relief under this 
        section to aliens who otherwise qualify.
            (3) Self-petitioning children.--Section 204(a)(1)(A)(iv) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(A)(iv)) is amended to read as follows:
    ``(iv) An alien who is the child of a citizen of the United States 
(as defined in section 101(a)(1)(G)), 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 with the citizen 
parent may file a petition with the Attorney General under this 
subparagraph for classification of the alien under such section if the 
alien demonstrates to the Attorney General that the alien has been 
battered by or has been the subject of extreme cruelty perpetrated by 
the alien's citizen parent. An alien child filing under this section 
shall continue to be considered a child for purposes of this section 
and section 245 if on the date of filing the child was under the age of 
21.''.
            (4) Self-petitioning parents.--Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), as 
        amended by section 632(a), 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 with citizen daughter or son may file a petition with 
the Attorney General under this subparagraph for classification of the 
alien under such section if the alien demonstrates to the Attorney 
General that 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.''.
            (5) Self-petitioning son or daughter.--Section 204(a)(1)(A) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(A)), as amended by paragraph (4), is amended by 
        adding at the end the following:
    ``(vi) An alien who is the son or daughter of a citizen of the 
United States, who is a person of good moral character, who is eligible 
for classification by reason of a relationship described in paragraph 
(1) of section 203(a), and who resides or has resided in the past with 
the citizen parent may file a petition with the Attorney General under 
this clause for classification of the alien under such section if the 
alien demonstrates to the Attorney General that during the period of 
residence with the citizen parent the alien has been battered by, or 
has been the subject of extreme cruelty perpetrated by, the alien's 
citizen parent.''.
            (6) Filing of petitions.--Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154 (a)(1)(A)(iv)), 
        as amended by paragraph (5), is amended by adding at the end 
        the following new clause:
    ``(vii) An alien who is the spouse, intended spouse, child, parent, 
son, or daughter of a United States citizen abroad and who is eligible 
to file a petition under this subsection shall file such petition with 
the Attorney General under the procedures that apply to applicants 
under clauses (iii), (iv), (v), and (vi) of this section.''.
    (d) Second Preference Immigration Status for Self-Petitioners 
Married to Lawful Permanent Residents.--
            (1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)(ii)) is amended to read as follows:
    ``(ii) An alien who is described in subsection (k) may file a 
petition with the Attorney General under this clause for classification 
of the alien (and any child of the alien as defined in section 
101(b)(1)(G)) if such a child has not been classified under clause 
(iii) of section 203(a)(2)(A) and if the alien demonstrates to the 
Attorney General that--
            ``(I) the marriage or the intent to marry the lawful 
        permanent resident was entered into in good faith by the alien; 
        and
            ``(II) 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) Definition.--Section 204 of the Immigration and 
        Nationality Act (8 U.S.C. 1154), as amended by paragraph 
        (3)(A)(ii), is amended by adding at the end the following:
    ``(k) Definition.--An alien described in subsection (a)(1)(B)(ii) 
is an alien--
            ``(1)(A) who is the spouse of a lawful permanent resident 
        of the United States; or
            ``(B)(i) who believed in good faith that he or she had 
        married a lawful permanent resident of the United States;
            ``(ii) whose marriage to such lawful permanent resident 
        would otherwise meet the definition of qualifying marriage 
        under section 216(d)(1)(A)(i); and
            ``(iii) who otherwise meets any applicable requirements 
        under this Act to establish the existence of and bona fides of 
        a marriage; but whose marriage is not legitimate solely because 
        of the bigamy of such lawful permanent resident of the United 
        States; or
            ``(iv) who was a bona fide spouse of a United States 
        citizen within the past two years (and who demonstrates a 
        substantial connection between the legal termination of the 
        marriage and battering or extreme cruelty by the United States 
        citizen spouse;
            ``(2) who is a person of good moral character;
            ``(3) who is eligible to be classified as a spouse of an 
        alien lawfully admitted for permanent residence under section 
        203(a)(2)(A) or who would have been so classified but for the 
        bigamy of the lawful permanent resident of the United States 
        that the alien intended to marry; and
            ``(4) who has resided in the United States with the alien's 
        spouse or intended spouse.''.
            (3) Self-petitioning children.--Section 204(a)(1)(B)(iii) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)(iii)) is amended to read as follows:
    ``(iii) An alien who is the child of an alien lawfully admitted for 
permanent residence as defined in section 101(b)(1)(G), who is a person 
of good moral character, who is eligible for classification under 
section 203(a)(2)(A), and who has resided with the alien's permanent 
resident alien parent may file a petition with the Attorney General 
under this subparagraph for classification of the alien under such 
section if the alien demonstrates to the Attorney General that the 
alien has been battered by or has been the subject of extreme cruelty 
perpetrated by the alien's permanent resident parent. An alien child 
filing under this section shall continue to be considered a child for 
purposes of this section and section 245 if on the date of filing the 
child was under the age of 21.''.
            (4) Self-petitioning son or daughter.--Section 204(a)(1)(B) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)), as amended by section 632(a)(2), is amended by 
        adding at the end the following:
    ``(vi) An alien who is the son or daughter of a citizen of the 
United States, who is a person of good moral character, who is eligible 
for classification by reason of a relationship described in paragraph 
(2) of section 203(a), and who resides or has resided in the past with 
the citizen parent may file a petition with the Attorney General under 
this clause for classification of the alien under such section if the 
alien demonstrates to the Attorney General that during the period of 
residence with the citizen parent the alien has been battered by, or 
has been the subject of extreme cruelty perpetrated by, the alien's 
citizen parent.''.
            (5) Filing of petitions.--Section 204(a)(1)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as 
        amended by paragraph (4), is amended by adding at the end the 
        following new clause:
    ``(vii) An alien who is the spouse, intended spouse, child, son, or 
daughter of a lawful permanent resident living abroad is eligible to 
file a petition under this subsection shall file such petition with the 
Attorney General under the procedures that apply to applicants under 
section 204(a)(1)(B)(ii) and (iii).''.
            (6) Treatment of derivatives.--Section 203(d) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(d)) is amended 
        by adding at the end the following: ``Alien sons and daughters 
        included as children in self-petitions filed under sections 
        204(a)(1)(A)(iii) and 204(a)(1)(B)(ii) shall be entitled to the 
        same status and the same order of consideration of accompanying 
        or following to join, as the self-petitioner.''.

 SEC. 636. IMPROVED ACCESS TO VAWA CANCELLATION OF REMOVAL.

    (a) Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.--Section 240A(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows:
    ``(2) Special rule for battered spouse or child.--
            ``(A) In general.--The Attorney General may cancel removal 
        of, and adjust to the status of an alien lawfully admitted for 
        permanent residence, an alien who is inadmissible or deportable 
        from the United States if the alien demonstrates that--
                    ``(i) the alien has been battered or subjected to 
                extreme cruelty in the United States by a spouse, 
                parent, son, or daughter who is a United States citizen 
                (or is the parent of a child of a United States citizen 
                and the child has been battered or subjected to extreme 
                cruelty in the United States by such citizen parent), 
                or by a spouse or parent who is a lawful permanent 
                resident (or is the parent of a child of a lawful 
                permanent resident and the child has been battered or 
                subjected to extreme cruelty in the United States by 
                such permanent resident parent), or by a United States 
                citizen or lawful permanent resident whom the alien 
                intended to marry, but whose marriage is not legitimate 
                because of that United States citizen's or lawful 
                permanent resident's bigamy;
                    ``(ii) the alien has been physically present in the 
                United States for a continuous period of not less than 
                3 years immediately preceding the date of such 
                application; the issuance of a charging document for 
                removal proceedings shall not toll the 3-year period of 
                continuous physical presence in the United States;
                    ``(iii) the alien has been a person of good moral 
                character during such period; and
                    ``(iv) the alien is not inadmissible under 
                paragraph (2) or (3) of section 212(a), is not 
                deportable under paragraphs (1)(G) or (2) through (4) 
                of section 237(a), and has not been convicted of an 
                aggravated felony, unless the Attorney General waives 
                application of this clause for humanitarian purposes, 
                to assure family unity or when it is otherwise in the 
                public interest.
        In acting on applications under this paragraph, the Attorney 
        General shall consider any credible evidence relevant to the 
        application. The determination of what evidence is credible and 
        the weight to be given that evidence shall be within the sole 
        discretion of the Attorney General. For aliens who entered the 
        country on fiance visas failure to marry the sponsor, or 
        failure to marry the sponsor within 90 days as required under 
        section 101(a)(15)(K) shall not bar access to relief under this 
        section to aliens who otherwise qualify.
            ``(B) Inclusion of other aliens in petition.--An alien 
        applying for relief under this section may include--
                    ``(i) the alien's children, sons, or daughters in 
                the alien's application and, if the alien is found 
                eligible for suspension or cancellation, the Attorney 
                General may adjust the status of the alien's children, 
                sons, daughters; or
                    ``(ii) the alien's parent in the alien child's (as 
                defined in section 101(b)(1)(G)) application in the 
                case of an application filed by an alien who was abused 
                by a citizen or lawful permanent resident parent and, 
                if the alien child is found eligible for suspension or 
                cancellation, the Attorney General may adjust the 
                status of both the alien child applicant and the alien 
                child's parent.
    ``(C) Inclusion of other aliens in petitions.--An alien applying 
for relief under section 244(a)(3) (as in effect before the date of the 
enactment of Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996) may include--
            ``(i) the alien's children, sons, or daughters in the alien 
        child's application and, if the alien is found eligible for 
        suspension or cancellation, the Attorney General may adjust the 
        status of the alien's children, sons, or daughters; or
            ``(ii) the alien's parent in the alien child's (as defined 
        in section 101(b)(1)(G)) application in the case of an 
        application filed by an alien who was abused by a citizen or 
        lawful permanent resident parent and, if the alien child is 
        found eligible for suspension or cancellation, the Attorney 
        General may adjust the status of both the alien child applicant 
        and the alien child's parent.''.
    (b) Effective Date.--The change in law represented by clause (ii) 
of section 240A(b)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1229b(b)(2)) 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).

 SEC. 637. GOOD MORAL CHARACTER DETERMINATIONS.

    (a) Determinations of Good Moral Character for Self-Petitioning 
Immediate Relatives.--
    Section 204(a)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following:
    ``(ix)(I) For the purposes of making good moral character 
determinations under this subparagraph, the Attorney General is not 
limited by the criminal court record and may waive the bar to issuing a 
finding of good moral character in the case of an alien who otherwise 
qualifies for relief under clause (iii), (iv), (v), or (vi) of section 
204(a)(1)(A), but who--
            ``(aa) has been convicted of, or who pled guilty to, 
        violating a court order issued to protect the alien;
            ``(bb) has been convicted of, or pled guilty to, 
        prostitution if the alien was forced into prostitution by an 
        abuser;
            ``(cc) has been convicted of, or pled guilty to, committing 
        a crime under duress from the person who battered or subjected 
        the alien to extreme cruelty;
            ``(dd) has been convicted of, or pled guilty to, a domestic 
        violence-related crime, if the Attorney General determines that 
        the alien acted in self-defense; or
            ``(ee) has been convicted of, or pled guilty to, committing 
        a crime where there was a connection between the commission of 
        the crime and having been battered or subjected to extreme 
        cruelty.
    ``(II) After finding that an alien has been battered or subjected 
to extreme cruelty and is otherwise eligible for relief under clause 
(iii), (iv), (v), or (vi) of section 204(a)(1)(A), the Attorney General 
may make a finding of good moral character under section 101(f) with 
respect to the alien despite the existence of any conviction listed in 
subclause (I) or any other disqualifying act that is connected to the 
battery or extreme cruelty.''.
    (b) Determinations of Good Moral Character for Self-Petitioners 
Seeking Second Preference Immigration Status.--Section 204(a)(1)(B) of 
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as 
amended by section 630(a)(4)(D), is amended by adding at the end the 
following:
    ``(vii)(I) For the purposes of making good moral character 
determinations under this subparagraph, the Attorney General is not 
limited by the criminal court record and may waive the bar to issuing a 
finding of good moral character in the case of an alien who otherwise 
qualifies for relief under clause (ii), (iii), or (iv) of section 
204(a)(1)(B), but who--
            ``(aa) has been convicted of, or who pled guilty to, 
        violating a court order issued to protect the alien;
            ``(bb) has been convicted of, or pled guilty to, 
        prostitution where the alien was forced into prostitution by an 
        abuser;
            ``(cc) has been convicted of, or pled guilty to, committing 
        a crime under duress from the person who battered or subjected 
        the alien to extreme cruelty;
            ``(dd) has been convicted of, or pled guilty to, a domestic 
        violence-related crime, if the Attorney General determines that 
        the alien acted in self-defense; or
            ``(ee) has been convicted of, or pled guilty to, committing 
        a crime where there was a connection between the commission of 
        the crime and having been battered or subjected to extreme 
        cruelty.
    ``(II) After finding that an alien has been battered or subjected 
to extreme cruelty and is otherwise eligible for relief under clauses 
(ii), (iii), and (iv) of section 204(a)(1)(B), the Attorney General may 
in the Attorney General's sole discretion make a finding of good moral 
character despite the existence of any conviction listed in subclause 
(I) of this clause or any other disqualifying criminal act that is 
connected to the battery or extreme cruelty.''.
    (c) Determinations of Good Moral Character in VAWA Cancellation of 
Removal Proceedings.--Section 240A(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(2)), as amended by section 636(a), 
is amended by adding at the end the following--
                    ``(D) Good moral character determinations.--For the 
                purposes of making good moral character determinations 
                under subsections (b)(2) and (b)(3) the Attorney 
                General is not limited by the criminal court record and 
                may make a finding of good moral character in the case 
                of an alien who has been battered or subjected to 
                extreme cruelty but who--
                            ``(i) has been convicted of, or who pled 
                        guilty to, violating a court order is sued to 
                        protect the alien;
                            ``(ii) has been convicted of, or pled 
                        guilty to, prostitution, if the alien was 
                        forced into prostitution by an abuser;
                            ``(iii) has been 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;
                            ``(iv) has been convicted of or pled guilty 
                        to a domestic violence-related crime if the 
                        Attorney General determines that the alien 
                        acted in self-defense; or
                            ``(v) has been convicted of, or pled guilty 
                        to, committing a crime where there was a 
                        connection between the commission of the crime 
                        and having been battered or subjected to 
                        extreme cruelty.
                    ``(E) Effect of criminal act or conviction.--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 make a 
                finding of good moral character with respect to the 
                alien despite the existence of any conviction listed in 
                subparagraph (A) or any other disqualifying criminal 
                act that is connected to the battery or extreme 
                cruelty.''.
    (d) Determinations Under Suspension of Deportation.--
            (1) In general.--For the purposes of making good moral 
        character determinations under section 244(a)(3) of the 
        Immigration and Nationality Act (as in effect before the 
        enactment of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996) (8 U.S.C. 1254(a)(3)), the Attorney 
        General is not limited by the criminal court record and may 
        make a finding of good moral character in the case of an alien 
        who has been battered or subjected to extreme cruelty but who--
                    (A) has been convicted of, or who pled guilty to, 
                violating a court order issued to protect the alien;
                    (B) has been convicted of, or who pled guilty to, 
                prostitution if the alien was forced into prostitution 
                by an abuser;
                    (C) has been convicted of, or pled guilty to 
                committing, a crime under duress from the person who 
                battered or subjected the alien to extreme cruelty;
                    (D) has been convicted of, or pled guilty to, a 
                domestic violence-related crime if the Attorney General 
                determines that the alien acted in self-defense; or
                    (E) has been convicted of, or pled guilty to, 
                committing a crime where there was a connection between 
                the commission of the crime and having been battered or 
                subjected to extreme cruelty.
            (2) Effect of criminal act or conviction.--After finding 
        that an alien has been battered or subjected to extreme cruelty 
        and would otherwise qualify for relief under this subsection, 
        the Attorney General may in the Attorney General's sole 
        discretion make a finding of good moral character with respect 
        to the alien despite the existence of any conviction listed in 
        paragraph (1) or any other disqualifying criminal act or that 
        is connected to the battery or extreme cruelty.

SEC. 638. BATTERED IMMIGRANT WOMEN'S ECONOMIC SECURITY ACT.

    (a) Nonapplicability of Special Rules Relating to the Treatment of 
Non-213a Aliens.--Section 408(f)(6) of the Social Security Act (42 
U.S.C. 608(f)(6)) is amended--
            (1) in subparagraph (B), by striking 'or' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) described in section 421 (f) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1631(f)) but for the fact that the 
                individual is a non-213A alien.''.
    (b) Discretionary First Time Offender Waivers for Aliens Making 
Child Support Payments.--Section 237(a)(2)(E) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)(E)), as amended by section 
633(b)(7), is amended by adding at the end the following:
                            ``(iv) Discretionary waiver of deportation 
                        ground for first offenders paying court ordered 
                        child support.--At the sole and unreviewable 
                        discretion of the Attorney General, the 
                        Attorney General may waive deportability of an 
                        alien who is convicted under clause (i) or who 
                        is found in violation of a protection order by 
                        a determination entered by a court under clause 
                        (ii), if--
                                    ``(I) the conviction or finding was 
                                the alien's first conviction or 
                                violation;
                                    ``(II) the alien is not otherwise 
                                deportable under this paragraph, unless 
                                the alien has obtained a waiver 
                                available under the provisions of this 
                                paragraph;
                                    ``(III) the waiver is requested by 
                                the person against whom the domestic 
                                violence crime or protection order 
                                violation was committed;
                                    ``(IV) the judge determines that 
                                granting the waiver will not jeopardize 
                                the safety of the victim or her 
                                children;
                                    ``(V) any ongoing cohabitation with 
                                the abuse victim will not be in 
                                violation of any court order; and
                                    ``(VI) the alien is paying adequate 
                                child support to the person against 
                                whom the domestic violence crime or 
                                protection order violation was 
                                committed and the alien--
                                            ``(aa) is separated from 
                                        the person against whom the 
                                        domestic violence crime or the 
                                        protection order violation was 
                                        committed and who is subject to 
                                        a court order requiring him to 
                                        pay child support for any 
                                        children he has in common with 
                                        the person against whom he 
                                        committed the crime of domestic 
                                        violence or protection order 
                                        violation, and is current on 
                                        all child support payments due 
                                        under such order or is in 
                                        compliance with a court-
                                        approved payment plan; or
                                            ``(bb) resides in the same 
                                        household as the person against 
                                        whom he committed the crime of 
                                        domestic violence or protection 
                                        order violation and who 
                                        demonstrates to the immigration 
                                        judge in the removal proceeding 
                                        that the alien has been and 
                                        will continue to provide 
                                        adequate, ongoing support for 
                                        the victim and any children in 
                                        common, if the parties have 
                                        children in common.
                                    ``(II) Adequate support determined 
                                under applicable child support 
                                guidelines.--For purposes of the 
                                determination of the adequacy of child 
                                support provided under subclause 
                                (I)(bb), the immigration judge shall 
                                refer to the child support guidelines 
                                of the jurisdiction in which the 
                                parties reside.
                            ``(vi) Reinstatement of deportation 
                        grounds.--Any person who obtains a waiver under 
                        clause (iii) who thereafter is found by a court 
                        with jurisdiction over the child support matter 
                        to have failed to make court-ordered child 
                        support payments or failed to comply with a 
                        court-approved payment plan is deportable and 
                        no further waiver is available under clause 
                        (iii).''.
    (c) Misrepresentation Waivers for Battered Spouses of United States 
Citizens and Lawful Permanent Residents.--
            (1) Waiver of inadmissibility.--Section 212(i) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(i)) is amended 
        in paragraph (1), by inserting before the period at the end the 
        following: ``or in the case of an alien granted classification 
        under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) 
        or clause (ii), (iii), or (iv) of section 204(a)(1)(B), or who 
        qualifies for relief under section 240A(b)(2) or section 
        244(a)(3) (as in effect before the date of enactment of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996), the alien demonstrates extreme hardship to the alien or 
        the alien's United States citizen or lawful permanent resident 
        or qualified alien parent, child, son, or daughter''; and
            (2) Waiver of deportability.--Section 237(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended--
                    (A) in paragraph (1)(H)--
                            (i) in clause (ii), by striking the period 
                        and inserting ``; or''; and
                            (ii) by inserting after clause (ii) the 
                        following:
                            ``(iii) is an alien who qualifies for 
                        classification under clause (iii), (iv), (v), 
                        or (vi) of section 204(a)(1)(A) or clause (ii), 
                        (iii), or (iv) of section 204(a)(1)(B), or who 
                        qualifies for relief under section 240A(b)(2), 
                        or 244(a)(3) (as in effect before the date of 
                        enactment of the Illegal Immigration Reform and 
                        Immigrant Responsibility Act of 1996).''; and
                    (B) in paragraph (3)(D)--
                            (i) by inserting ``(i) In general.--'' 
                        before ``Any alien''; and
                            (ii) by adding at the end the following:
                            ``(ii) Waiver authorized.--The Attorney 
                        General may waive clause (i) in the case of an 
                        alien who qualifies for classification under 
                        clause (iii), (iv) (v), or (vi) of section 
                        204(a)(1)(A) or clause (ii), (iii), or (iv) of 
                        section 204(a)(1)(B), or who qualifies for 
                        relief under section 240(A)(b)(2), or 244(a)(3) 
                        (as in effect before the date of enactment of 
                        the Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996).''.
    (d) Public Charge.--Section 212(a)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(4)) is amended by adding at the end 
the following:
                    ``(E) Exception.--The following aliens are not 
                subject to public charge determinations under this 
                paragraph:
                            ``(i) An alien who qualifies for 
                        classification as a spouse, parent, child, son, 
                        or daughter of a United States citizen or 
                        lawful permanent resident under clause (iii), 
                        (iv) (v), or (vi) of section 204(a)(1)(A) or 
                        clause (ii), (iii), or (iv) of section 
                        204(a)(1)(B).
                            ``(ii) An alien who qualifies for 
                        classification as the spouse, child, son, or 
                        daughter of a United States citizen or lawful 
                        permanent resident under clause (i) or (ii) of 
                        section 204(a)(1)(A) or section 204(a)(1)(B)(i) 
                        and who has been battered or subjected to 
                        extreme cruelty.
                            ``(iii) Any derivatives or immediate 
                        relative children of aliens under clause (i) or 
                        (ii) of this subparagraph.''.
    (e) Access to Naturalization for Divorced Victims of Abuse.--
Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 
1430(a)) is amended--
            (1) by inserting ``, or any person who obtained status as a 
        lawful permanent resident by reason of his or her status as a 
        spouse, child, son, or daughter of a United States citizen who 
        battered him or her or subjected him or her to extreme 
        cruelty,'' after ``United States'' the first place such term 
        appears; and
            (2) by inserting ``(except in the case of a person who 
        obtained lawful permanent residence because he or she was the 
        spouse, child, son, or daughter of a United States citizen who 
        battered or subjected him or her to extreme cruelty)'' after 
        ``has been living in marital union with the citizen spouse''.
    (f) Work Authorization.--The Attorney General may authorize an 
alien who has properly filed an application for relief under clause 
(iii), (iv), (v), or (vi) of section 204(a)(1)(A) or clause (ii), 
(iii), or (iv) of section 204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)), 
section 240A(b)(2) (8 U.S.C. 1229b(b)(2)), or section 244(c)(3) (8 
U.S.C. 1254(c)(3)) (as in effect before the date of enactment of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996) of 
the Immigration and Nationality Act to engage in employment in the 
United States during the pendency of such application and may provide 
the alien with an employment authorized endorsement or other 
appropriate document signifying authorization of employment. The 
Attorney General shall authorize such employment in all cases in which 
an application has been pending for a period exceeding 180 days and has 
not been denied.
    (g) Filing Fees.--
            (1) Petitions for classification.--Section 
        204(a)(1)(A)(iii)(I) of the Immigration and Nationality Act (8 
        U.S.C. 1154(a)(1)(A)(iii)(I)), as amended by section 635(c), is 
        amended by adding at the end the following:
``No fee shall be charged for the filing or processing of any 
application under clause (iii), (iv) (v), or (vi) of section 
204(a)(1)(A) or clause (ii), (iii), or (iv) of subparagraph (B), or any 
application for work authorization or renewal thereof where such 
applications formed the basis for the alien's work authorization 
eligibility.''.
            (2) Cancellations of removal.--Section 240A(b)(2) of the 
        Immigration and Nationality Act (8 U.S.C. 1229b), as amended by 
        section 637(c), is amended by adding at the end the following:
        ``No fee shall be charged for the filing or processing of any 
        application under this subsection or any application for work 
        authorization or renewal thereof, if the application forms the 
        basis for the alien's work authorization eligibility.''.
            (3) Suspension of deportation.--No fee shall be charged for 
        the filing or processing of any application under section 
        244(a)(3) of the Immigration and Nationality Act (as in effect 
        before the date of enactment of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996) (8 U.S.C. 
        1254(a)(3)), or any application for work authorization or 
        renewal thereof, if the applications forms the basis for the 
        alien's work authorization eligibility.
    (h) Access to Food Stamps and SSI for Qualified Battered Aliens.--
Section 402(a)(2) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding 
at the end the following:
                    ``(L) Exception for certain battered aliens.--With 
                respect to eligibility for benefits for the specified 
                Federal program described in paragraph (3), paragraph 
                (1) shall not apply to any individual who has been 
                battered or subjected to extreme cruelty (as defined 
                under guidance issued by the Attorney General in 
                accordance with section 431) in the United States and 
                is a qualified alien under section 431(c).''.
    (i) Access to Housing for Qualified Immigrants.--Section 214 of the 
Housing and Community Development Act of 1980 (42 U.S.C. 1436(a)) is 
amended by adding at the end the following:
    ``(j) Eligibility for Housing Assistance for Qualified Battered 
Aliens.--Notwithstanding any other provision of this section--
            ``(1) the restrictions on use of assisted housing by aliens 
        under this section shall not apply to any--
                    ``(A) qualified alien under subsection (b) or (c) 
                of section 431 of the Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1986 (8 U.S.C. 1641); 
                or
                    ``(B) child included in the application for lawful 
                immigration status of an alien described in 
                subparagraph (A); and
            ``(2) no private, government, or nonprofit organization 
        providing shelter or services to battered women or abused 
        children receiving any Federal funds shall deny, restrict, or 
        condition assistance to any applicant based on alienage.''.
    (j) Clarifying Welfare Reporting Requirements for Benefit 
Applicants.--The Social Security Act (42 U.S.C. 301 et seq.) is 
amended--
            (1) in section 411(a)(1)(A) (42 U.S.C. 611(a)(1)(A)), by 
        adding after clause (xviii) the following:
                ``Collection of information about, and inquiries into, 
                the immigration status of an individual who is a parent 
                applying on behalf of his or her child who is a United 
                States citizen or a qualified alien (as defined in 
                section 431(b) of the Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996 (8 U.S.C. 
                1641(b)) for assistance under the State program funded 
                under this part, shall not be made if the individual is 
                not applying for benefits for themselves, whether or 
                not the individual is determined, under Federal or 
                State law, to be part of a family unit receiving 
                assistance under that program.''; and
            (2) in section 1631(e)(9) (42 U.S.C. 1383(e)(9)), by adding 
        at the end the following: ``Collection of information about, 
        and inquiries into, the immigration status of an individual who 
        is a parent applying on behalf of his or her child who is a 
        United States citizen or a qualified alien (as defined in 
        section 431(b) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b))) for 
        benefits under this title (or for benefits supplemented by a 
        State with an agreement under section 1616), shall not be made 
        if the individual is not applying for benefits for themselves, 
        whether or not the individual is determined, under Federal or 
        State law, to be part of a family unit receiving such 
        benefits.''.
    (k) Conforming Definition of ``Family'' Used in Laws Granting 
Welfare Access for Battered Immigrants to State Family Law.--Section 
431(c) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--
            (1) in paragraph (1)(A), by striking ``by a spouse or a 
        parent, or by a member of the spouse or parent's family 
        residing in the same household as the alien and the spouse or 
        parent consented to, or acquiesced in, such battery or 
        cruelty,'' and inserting ``by a spouse, parent, son, or 
        daughter, or by any individual having a relationship with the 
        alien covered by the civil or criminal domestic violence 
        statutes of the State or Indian country where the alien 
        resides, or the State or Indian country in which the alien, the 
        alien's child, or the alien child's parents received a 
        protection order, or by any individual against whom the alien 
        could obtain a protection order,''; and
            (2) in paragraph (2)(A), by striking ``by a spouse or 
        parent of the alien (without the active participation of the 
        alien in the battery or cruelty), or by a member of the spouse 
        or parent's family residing in the same household as the alien 
        and the spouse or parent consented or acquiesced to such 
        battery or cruelty,'' and inserting ``by a spouse, parent, son 
        or daughter of the alien (without the active participation of 
        the alien in the battery or cruelty) or by any person having a 
        relationship with the alien covered by the civil or criminal 
        domestic violence statutes of the State or Indian country where 
        the alien resides, or the State or Indian country in which the 
        alien, the alien's child or the alien child's parent received a 
        protection order, or by any individual against whom the alien 
        could obtain a protection order,''.
    (l) Ensuring That Battered Immigrants Have Access to Food Stamps 
and SSI.--
            (1) Qualifying quarters.--Section 435 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1645) is amended in paragraph (2) by striking ``and 
        the alien remains married to such spouse or such spouse is 
        deceased'' and inserting ``if such spouse is deceased or if the 
        alien remains married to such spouse (except that qualified 
        aliens covered by section 431(c) may continue after divorce to 
        count the qualifying quarters worked by their spouse during the 
        marriage)''.
            (2) Food stamps access for battered immigrant qualified 
        aliens and their children.--Section 741 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (42 U.S.C. 1751 note) is amended by adding at the end the 
        following:
    ``(c) Food Stamps.--Section 7 of the Food Stamp Act of 1977 (7 
U.S.C. 2016) is amended by adding at the end the following:
    ```(k) Battered Immigrant Qualified Alien Eligibility for Food 
Stamps.--Qualified alien battered immigrants under subsection (c) of 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 (8 U.S.C. 1641) and their children are eligible to receive food 
stamps.' ''.
            (3) Certain battered immigrant women and children.--Section 
        403(b) of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by 
        adding at the end the following:
            ``(3) Certain battered immigrant women and children.--
        Qualified alien battered immigrants as defined in section 
        431(c)(1)(B).''.
    (m) Technical Correction to Qualified Alien Definition for Battered 
Immigrants.--
            (1) Clause (iii) of section 431(c)(1)(B) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641(c)(1)(B)) is amended by inserting ``(as in 
        effect before the date of the enactment of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996)'' after 
``pursuant to section 244(a)(3) of such Act'' [NOTE: The phrase 
``pursuant...'' does not appear in the law].
            (2) Section 431(c)(1)(B) of such Act (8 U.S.C. 
        1641(c)(1)(B)) is amended by adding at the end the following:
                            ``(vi) cancellation of removal and 
                        adjustment of status pursuant to section 
                        240A(b)(2) of such Act;''
            (3) Section 431(c)(2)(B) of such Act (8 U.S.C. 
        1641(c)(2)(B)) is amended by striking ``clause (ii) of 
        subparagraph (A)'' [NOTE: The material to be struck is not in 
        the law] and inserting ``clause (i), (ii), (iii), (iv), (v), or 
        (vi) of paragraph (1)(A)''.
    (v) of subparagraph (1)(B) of this subsection''.

SEC. 639. ACCESS TO LEGAL SERVICES CORPORATION FUNDS.

    (a) Statutory Construction on Legal Assistance Funds.--
    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 
        clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) or 
        clause (ii), (iii), or (iv) of section 204(a)(1)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)).''.

SEC. 640. VIOLENCE AGAINST WOMEN ACT TRAINING FOR INS OFFICERS, 
              IMMIGRATION JUDGES, AND CIVIL AND CRIMINAL COURT JUSTICE 
              SYSTEM PERSONNEL.

    (a) Violence Against Women.--
            (1) Military training concerning domestic violence.--The 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3711 et seq.) is amended by adding after section 2006 (42 
        U.S.C. 3796gg-5) the following new section:

``SEC. 2007. MILITARY TRAINING CONCERNING DOMESTIC VIOLENCE.

    ``Each branch of the United States military is required to train 
its supervisory military officers on domestic violence, the dynamics of 
domestic violence in military families, the types of protection 
available for battered immigrant women and children in the Violence 
Against Women Act, and the problems of domestic violence in families in 
which a United States citizen or lawful permanent resident member of 
the military is married to a non-United States citizen.''.
            (2) Technical.--Section 2001(a) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3795gg(a)) is 
        amended by inserting ``the Immigration and Naturalization 
        Service and the Executive Office of Immigration Review,'' after 
        ``Indian tribal governments,''.
            (3) Technical.--Section 2001(b)(1) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)(1)) 
        is amended by inserting ``, immigration and asylum officers, 
        immigration judges,'' after ``law enforcement officers''.
            [NOTE: Review the amendments made by section 102(C) which 
        are duplicative of this] (4) Training.--Section 2001(b) of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg(b)(1)) 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 of 1994 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.''.
    (b) Powers of Immigration Officers and Employees.--
    Section 287(g)(10) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)(10)) 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.''.
    (c) Report.--Not later than 6 months after the date of enactment of 
this Act, the Attorney General shall submit a report to the Committees 
on the Judiciary of the Senate and House of Representatives on--
            (1) the number of and processing times of petitions under 
        clauses (iii) and (iv) of section 204(a)(1)(A) (8 U.S.C. 
        1154(a)(1)(A)) and clauses (ii) and (iii) of section 
        204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)) at district offices of 
        the Immigration and Naturalization Service and at the regional 
        office of the Service in St. Albans, Vermont;
            (2) the policy and procedures of the Immigration and 
        Naturalization Service by which an alien who has been battered 
        or subjected to extreme cruelty who is eligible for suspension 
        of deportation or cancellation of removal can place such alien 
        in deportation or removal proceedings so that such alien may 
        apply for suspension of deportation or cancellation of removal, 
        the number of requests filed at each district office under this 
        policy and the number of these requests granted broken out by 
        District; and
            (3) the average length of time at each Immigration and 
        Naturalization office between the date that an alien who has 
        been subject to battering or extreme cruelty eligible for 
        suspension of deportation or cancellation of removal requests 
        to be placed in deportation or removal proceedings and the date 
        that immigrant appears before an immigration judge to file an 
        application for suspension of deportation or cancellation of 
        removal.

SEC. 641. PROTECTION FOR CERTAIN VICTIMS OF CRIMES AGAINST WOMEN.

    (a) Definition.--
    Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(27)) is amended by adding at the end the following:
            ``(M)(i) an immigrant who--
                    ``(I) is a victim of one of the following crimes 
                committed in the United States: rape, torture, incest, 
                battery or extreme cruelty, sexual assault, female 
                genital mutilation, forced prostitution, trafficking, 
                being held hostage, or any other violent crime where--
                            ``(aa) the perpetrator has been arrested;
                            ``(bb) the victim has filed a complaint, 
                        the complaint has been investigated by a law 
                        enforcement agency that referred the case to a 
                        prosecutor;
                            ``(cc) a prosecutor has filed a case 
                        charging the perpetrator;
                            ``(dd) a Federal or State administrative 
                        agency has brought an enforcement action 
                        against the perpetrator based upon actions that 
                        would constitute a crime listed in section 
                        101(a)(27)(v)(I); or
                            ``(ee) a Federal or State court has made a 
                        judicial finding in a civil or criminal case 
                        that actions that would constitute a crime 
                        listed in section 101(a)(27(v)(I) occurred;
                    ``(II) is a person of good moral character; and
                    ``(III) can demonstrate that their deportation will 
                cause extreme hardship to themselves or their children 
                or (in the case of an alien who is a child) to the 
                alien's parent; and
                    ``(IV) who submits to the Attorney General 
                certification from a Federal or State law enforcement 
                officer, prosecutor, judge or a Federal or State 
                administrative staff person responsible for bringing 
                enforcement actions that the alien is willing to 
                cooperate and has cooperated in a criminal or civil 
                court action or Federal or State administrative agency 
                enforcement action. .
            ``(ii) For purposes of making good moral character 
        determinations under this subparagraph, the Attorney General is 
        not limited by the criminal court record and may waive the bar 
        to issuing a finding of good moral character under subsection 
        (f) in the case of an immigrant who otherwise qualifies for 
        relief under clause (i) despite the existence of any 
        disqualifying act or criminal conviction.
            ``(iii) For the purposes of this section, trafficking 
        consists of all acts involved in the recruitment, 
        transportation, or holding of persons within or across borders, 
        involving deception, coercion or force, abuse of authority, 
        debt bondage, or fraud for the purpose of placing persons in 
        situations of abuse or exploitation such as forced 
        prostitution, battering and extreme cruelty, sweatshop labor, 
        or exploitative domestic servitude.''.
    (b) Adjustment of Status for Certain Victims of Crimes.--Section 
245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended 
by adding at the end the following:
    ``(l) Special Immigrant Under Section 101(a)(27)(v).--In applying 
this section to a special immigrant described in section 
101(a)(27)(v)--
            ``(1) such an immigrant shall be deemed, for purposes of 
        subsection (a), to have been paroled into the United States; 
        and
            ``(2) none of the provisions of subsection (c) shall apply 
        with the exception of subsections (c)(5) and (c)(6).''.
    (c) Cancellation of Removal for Certain Victims of Crimes.--Section 
240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is 
amended by redesignating paragraph (3) as paragraph (4) and inserting 
after paragraph (2) the following:
            ``(3) Special Rule for Certain Victims of Crime.--The 
        Attorney General may cancel removal of, and adjust to the 
        status of an alien lawfully admitted for permanent residence, 
        an alien who--
                    ``(A) is inadmissible or deportable from the United 
                States;
                    ``(B) meets the qualifications for designation as a 
                special immigrant as described in section 
                101(a)(27)(v);
                    ``(C) has been physically present in the United 
                States for a continuous period of not less than 3 years 
                immediately preceding the date of such application;
                    ``(D) the alien has been a person of good moral 
                character during such period;
                    ``(E) the alien is not admissible under section 
                212(a)(3), is not deportable under paragraph (1)(G), 
                (3) or (4) of section 237(A) and has not been convicted 
                of an aggravated felony; and
                    ``(F) the removal would result in extreme hardship 
                to the alien, the alien's child, or (in the case of an 
                alien who is a child) to the alien's parent.''.

  Subtitle D--Conforming Amendments to the Violence Against Women Act

SEC. 651. LAW ENFORCEMENT AND PROSECUTION GRANTS.

    (a) Section 2001(b)(5) of the Omnibus Crime Control and Law 
Enforcement Act of 1968 (42 U.S.C. 3796gg(b)(5)) is amended by striking 
``to racial, cultural, ethnic, and language minorities'' and inserting 
``to underserved populations''.
    (b) Section 2002(d)(1)(D) of the Omnibus Crime Control and Law 
Enforcement Act of 1968 (42 U.S.C. 3796gg-1(d)(1)(D)) is amended to 
read as follows:
                    ``(D) demographic characteristics of the 
                populations to be served, including marital status and 
                the characteristics of any underserved populations;''.
    (c) Section 2003(7) of the Omnibus Crime Control and Law 
Enforcement Act of 1968 (42 U.S.C. 3796gg-2(7)) is amended to read as 
follows:
            ``(7) the term `underserved populations' includes 
        populations underserved because of race, ethnicity, age, 
        disability, sexual orientation, religion, alienage status, 
        geographic location (including rural isolation), language 
        barriers, and any other populations determined to be 
        underserved by the State planning process; and''.
    (d) Section 2004(b)(3) of the Omnibus Crime Control and Law 
Enforcement Act of 1968 (42 U.S.C. 3796gg-3(b)(3)) is amended by 
striking all that follows ``relationship of victim to offender'' and 
inserting ``and the membership of persons served in any underserved 
populations; and''

SEC. 652. FAMILY VIOLENCE PREVENTION AND SERVICES ACT.

    (a) Section 303(a)(2)(C) of the Family Violence Prevention and 
Services Act (42 U.S.C. 10402(a)(2)(C)) is amended by striking 
``populations underserved because of ethnic, racial, cultural, language 
diversity or geographic isolation;'' and inserting ``populations 
underserved because of race, ethnicity, age, disability, sexual 
orientation, religion, alienage status, geographic location (including 
rural isolation), language barriers, and any other populations 
determined to be underserved;''
    (b) Section 311(a)(4) (42 U.S.C. 10410(a)(4)) of the Family 
Violence Prevention and Services Act is amended by striking 
``underserved racial, ethnic or language-minority populations'' and 
inserting ``underserved populations, as that term is used in section 
303(a)(2)(C)''.
    (c) Section 316(e)(4) (42 U.S.C. 10416(e)(4)) is amended by 
striking all that follows ``to the provision of services'' and 
inserting ``to underserved populations, as that term is used in section 
303(a)(2)(C); and''.

          TITLE VII--VIOLENCE AGAINST WOMEN AND THE WORKPLACE

SEC. 701. FINDINGS.

    Congress finds that--
            (1) victims and their families suffer from crime and its 
        effects on a daily basis;
            (2) domestic crime against adults accounts for 
        approximately 15 percent of total crime costs in the United 
        States each year;
            (3) violence against women has been reported to be the 
        leading cause of physical injury to women, and it has a 
        devastating impact on women's physical and emotional health and 
        financial security;
            (4) the Department of Justice estimates that intimate 
        partners commit more than 1,000,000 violent crimes against 
        women every year;
            (5) American workers who have been victims of crime too 
        often suffer adverse consequences in the workplace as a result 
        of their experiences as crime victims;
            (6) crime victims are particularly vulnerable to changes in 
        employment, pay, and benefits as a result of their 
        victimizations, and are, therefore, in need of legal 
        protection;
            (7) the prevalence of violence against women at work is 
        dramatic: homicide is the leading cause of death for women on 
        the job; 8 percent of all rapes occur in the workplace; women 
        who are victims of violent workplace crimes are twice as likely 
        as men to know their attackers; husbands, boyfriends, and ex-
        partners commit 15 percent of workplace homicides against 
        women; one study found that three-quarters of battered women 
        who work were harassed by telephone by their abuser at work;
            (8) nearly 50 percent of rape victims lose their employment 
        or are forced to quit their jobs following the crime, and one 
        quarter of battered women surveyed have lost a job due in part 
        to the effects of domestic violence;
            (9) the availability of economic support is a critical 
        factor in battered women's ability to leave abusive situations 
        that threaten them and their children, and over half of 
        battered women surveyed stayed with their batterers because 
        they lacked resources to support themselves and their children;
            (10) according to the National Institute of Justice, crime 
        costs an estimated $450,000,000,000 annually in medical 
        expenses, lost earnings, social service costs, pain, suffering, 
        and reduced quality of life for victims, all of which harm our 
        Nation's productivity and drain our Nation's resources. Violent 
        crime accounts for $426,000,000,000 of this amount;
            (11) rape exacts the highest costs-per-victim of any 
        criminal offense, an estimated total of $127,000,000,000 per 
        year, and recent governmental estimates indicate that between 
        300,000 and 600,000 rapes and sexual assaults occur annually in 
        the United States;
            (12) other violent offenses take unacceptably high tolls on 
        the economy as well, including assault ($93,000,000,000), 
        murder ($71,000,000,000), drunk driving (excluding fatalities) 
        ($61,000,000,000), and child abuse ($56,000,000,000);
            (13) violent crime results in wage losses equivalent to 1 
        percent of all American earnings, causes 3 percent of the 
        Nation's medical spending and 14 percent of injury-related 
        medical spending;
            (14) estimates show that employers pay between 
        $3,000,000,000 and $5,000,000,000 annually to cover the cost of 
        crimes against employees and their families;
            (15) surveys of business executives and corporate security 
        directors also underscore the heavy toll that workplace 
        violence takes on American women, businesses, and interstate 
        commerce;
            (16) 94 percent of corporate security and safety directors 
        at companies nationwide rank domestic violence as a high-risk 
        security problem;
            (17) 49 percent of senior executives recently surveyed said 
        domestic violence has a harmful effect on their company's 
        productivity, 47 percent said domestic violence negatively 
        affects attendance, and 44 percent said domestic violence 
        increases health care costs;
            (18) only 12 States have enacted statutes forbidding 
        employers from taking adverse action against employees who have 
        been victims of crime and must participate in the criminal 
        justice process during working hours, and no State explicitly 
        protects crime victims from other adverse action which may 
        result from their experiences and status as crime victims; and
            (19) existing Federal law neither expressly authorizes 
        battered women to take leave from work to seek legal assistance 
        and redress, counseling, or assistance with safety planning 
        activities nor does it protect crime victims from retaliation, 
        discharge, or other workplace penalties that may result from 
        their experiences and status as crime victims.

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

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

    (a) Authority.--The Attorney General may make a grant in accordance 
with this section to a private, nonprofit entity, tribal organization, 
or nonprofit private organization that meets the requirements of 
subsection (b) in order to provide for the establishment and operation 
of a national clearinghouse and resource center to provide information 
and assistance to employers, labor organizations, and domestic violence 
and sexual assault advocates in their efforts to develop and implement 
appropriate responses to assist victims of domestic violence and sexual 
assault.
    (b) Grantees.--Each applicant for a grant under subsection (a) 
shall submit to the Attorney General an application, which shall--
            (1) demonstrate that the applicant--
                    (A) has a nationally recognized expertise in the 
                area of domestic violence and sexual assault and a 
                record of commitment and quality responses to reduce 
                domestic violence and sexual assault; and
                    (B) will provide matching funds from non-Federal 
                sources in an amount equal to not less than 10 percent 
                of the total amount of the grant under this section; 
                and
            (2) include a plan to maximize, to the extent practicable, 
        outreach to employers (including private companies, as well as 
        public entities such as universities and State and local 
        governments) in developing and implementing appropriate 
        responses to assist employees who are victims of domestic 
        violence and sexual assault.
    (c) Use of Grant Amount.--A grant under subsection (a) may be used 
for staff salaries, travel expenses, equipment, printing, and other 
reasonable expenses necessary to assemble, maintain, and disseminate to 
employers, labor organizations, and domestic violence and sexual 
assault advocates information on and appropriate responses to domestic 
violence and sexual assault, including--
            (1) training materials to promote a better understanding of 
        appropriate assistance to employee victims;
            (2) conferences and other educational opportunities;
            (3) model protocols and workplace policies;
            (4) employer and union sponsored victim services and 
        outreach counseling; and
            (5) assessments of the workplace costs of domestic violence 
        and sexual assault.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000 for each of fiscal 
years 2000 through 2004.
    (e) 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.

                 Subtitle B--Victims' Employment Rights

SEC. 721. SHORT TITLE.

    This subtitle may be cited as the ``Victims' Employment Rights 
Act''.

SEC. 722. PURPOSES.

    The purposes of this subtitle are, pursuant to the affirmative 
power of Congress to enact legislation under section 5 of the 14th 
amendment to the Constitution and under the portion of section 8 of 
article I of the Constitution relating to regulation of commerce among 
the several States--
            (1) to promote the national interest in ensuring that 
        victims and survivors of domestic violence, sexual assault, and 
        stalking can recover from and cope with the effects of those 
        crimes and participate in the criminal and civil justice 
        processes without fear of adverse economic consequences from 
        their employers;
            (2) to minimize the negative impact on interstate commerce 
        from dislocations of employees and decreases in productivity 
        that may arise when employees are victimized by those crimes;
            (3) to promote the purposes of the 14th amendment by 
        addressing the failure of existing laws to protect the 
        employment rights of victims of domestic violence, sexual 
        assault, and stalking and by furthering the right of domestic 
        violence, sexual assault, and stalking victims to employment 
        free from discrimination; and
            (4) to accomplish the purposes described in paragraphs (1), 
        (2), and (3) in a manner that accommodates the legitimate 
        interests of employers and protects the safety of all persons 
        in the workplace.

SEC. 723. DEFINITIONS.

    In this subtitle:
            (1) Employee.--
                    (A) In general.--The term ``employee'' means any 
                person employed by an employer. In the case of an 
                individual employed by a public agency, such term means 
                an individual employed as described in section 3(e) of 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)).
                    (B) Basis.--The term includes a person employed as 
                described in subparagraph (A) on a full- or part-time 
                basis, for a fixed time period, on a temporary basis, 
                pursuant to a detail, as an independent contractor, or 
                as a participant in a work assignment as a condition of 
                receipt of Federal or State income-based public 
                assistance.
            (2) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 
                individuals; and
                    (B) includes any person acting directly or 
                indirectly in the interest of an employer in relation 
                to an employee, and includes a public agency, but does 
                not include any labor organization (other than when 
                acting as an employer) or anyone acting in the capacity 
                of officer or agent of such labor organization.
            (3) Person.--The term ``person'' means an individual, 
        partnership, association, corporation, business trust, legal 
        representative, or any organized group of individuals.
            (4) Public agency.--The term ``public agency'' has the 
        meaning given the term in section 3 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203).

SEC. 724. PROHIBITED DISCRIMINATORY ACTS.

    An employer shall not fail to hire, refuse to hire, or discharge 
any individual, or otherwise discriminate (including retaliation in any 
form or manner) against any individual with respect to compensation, 
terms, conditions, or privileges of employment because the individual--
            (1) is or is perceived to be a victim of domestic violence, 
        sexual assault, or stalking;
            (2) attended, participated in, prepared for, or requested 
        leave to attend, participate in, or prepare for a criminal or 
        civil court proceeding relating to an incident of domestic 
        violence, sexual assault, or stalking of which the employee was 
        a victim;
            (3) requested an adjustment to a job structure or workplace 
        facility, including a transfer, reassignment, or modified 
        schedule, leave, a changed telephone number or seating 
        assignment, or installation of a lock or implementation of a 
        safety procedure, in response to actual or threatened domestic 
        violence, sexual assault, or stalking, regardless of whether 
        the request was granted; or
            (4) because the actions of a person who the employee states 
        has committed or threatened to commit domestic violence, sexual 
        assault, or stalking against such employee or the employee's 
        children has disrupted the workplace.

SEC. 725. ENFORCEMENT.

    (a) Civil Action by Employees.--
            (1) Liability.--Any employer who violates section 724 shall 
        be liable to any employee affected--
                    (A) for damages equal to the amount of wages, 
                salary, employment benefits (as defined in section 101 
                of the Family and Medical Leave Act of 1993 (29 U.S.C. 
                2611)), or any other compensation denied to or lost by 
                such employee by reason of the violation, and the 
                interest on that amount calculated at the prevailing 
                rate;
                    (B) compensatory damages, including future 
                pecuniary losses, emotional pain, suffering, 
                inconvenience, mental anguish, loss of enjoyment or 
                life, and other nonpecuniary losses;
                    (C) such punitive damages, up to 3 times the amount 
                of actual damages sustained, as the finder of fact 
                shall determine to be appropriate; and
                    (D) for such equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (2) Right of action.--An action to recover the damages or 
        equitable relief prescribed in paragraph (1) may be maintained 
        against any employer (including a public agency) in any Federal 
        or State court of competent jurisdiction by any one or more 
        employees.
    (b) Action by Department of Justice.--The Attorney General may 
bring a civil action in any Federal or State court of competent 
jurisdiction to recover the damages described in subsection (a)(1).

SEC. 726. ATTORNEY'S FEES.

    Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is 
amended in the last sentence, by inserting ``the Victims' Employment 
Rights Act,'' after ``title VI of the Civil Rights Act of 1964,''.

   Subtitle C--Workplace Violence Against Women Prevention Tax Credit

SEC. 731. SHORT TITLE.

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

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

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following:

``SEC. 45D. WORKPLACE SAFETY PROGRAM CREDIT.

    ``(a) In General.--For purposes of section 38, the workplace safety 
program credit determined under this section for the taxable year is, 
for any employer, an amount equal to 40 percent of the violence against 
women safety and education costs paid or incurred by such employer 
during the taxable year.
    ``(b) Definitions.--In this section--
            ``(1) Violence against women safety and education cost.--
                    ``(A) In general.--The term `violence against women 
                safety and education cost' means any cost certified by 
                the Attorney General to the Secretary as being for the 
                purpose of--
                            ``(i) ensuring the safety of employees from 
                        violent crimes against women,
                            ``(ii) providing assistance to employees, 
                        their spouses, and dependents of employees with 
                        respect to violent crimes against women,
                            ``(iii) providing legal or medical services 
                        to employees and the spouses and dependents of 
                        employees subjected to, or at risk from, 
                        violent crimes against women,
                            ``(iv) educating employees about the issue 
                        of violent crimes against women, or
                            ``(v) implementing human resource or 
                        personnel policies initiated to protect 
                        employees from violent crimes against women or 
                        to support employees who have been victims of 
                        violent crimes against women.
                    ``(B) Types of costs.--Such term includes costs 
                certified by the Attorney General to the Secretary as 
                being for the purpose of--
                            ``(i) the hiring of new security personnel 
                        in order to address violent crimes against 
                        women,
                            ``(ii) the creation of buddy systems or 
                        escort systems for walking employees to parking 
                        lots, parked cars, subway stations, or bus 
                        stops, in order to address violent crimes 
                        against women,
                            ``(iii) the purchase or installation of new 
                        security equipment, including surveillance 
                        equipment, lighting fixtures, cardkey access 
                        systems, and identification systems, in order 
                        to address violent crimes against women,
                            ``(iv) the establishment of an employee 
                        assistance line or other employee assistance 
                        services in order to address violent crimes 
                        against women, for the use of individual 
                        employees, including counseling or referral 
                        services undertaken in consultation and 
                        coordination with national, State, tribal, or 
                        local domestic violence and sexual assault 
                        coalitions or programs,
                            ``(v) the retention of an attorney to 
                        provide legal services to employees seeking 
                        restraining orders or other legal recourse from 
                        violent crimes against women,
                            ``(vi) the establishment of medical 
                        services addressing the medical needs of 
                        employees who are victims of violent crimes 
                        against women,
                            ``(vii) the retention of a financial expert 
                        or an accountant to provide financial 
                        counseling to employees seeking to escape from 
                        violent crimes against women,
                            ``(viii) the establishment of an education 
                        program for employees, consisting of seminars 
                        or training sessions about violent crimes 
                        against women undertaken in consultation and 
                        coordination with national, State, tribal, or 
                        local domestic violence and sexual assault 
                        coalitions or programs,
                            ``(ix) studies of the cost, impact, or 
                        extent of violent crimes against women at the 
                        employer's place of business, if such studies 
                        are made available to the public and protect 
                        the identity of employees included in the 
                        study,
                            ``(x) the publication of a regularly 
                        disseminated newsletter or other regularly 
                        disseminated educational materials about 
                        violent crimes against women,
                            ``(xi) the implementation of leave policies 
                        for the purpose of allowing or accommodating 
                        the needs of victims of violent crimes against 
                        women to pursue legal redress against 
                        assailants, including leave from work to attend 
                        meetings with attorneys, to give evidentiary 
                        statements or depositions, and to attend 
                        hearings or trials in court,
                            ``(xii) the implementation of flexible work 
                        policies for the purpose of allowing or 
                        accommodating the needs of employees who are 
                        victims of violent crimes against women, or 
                        employees at risk with respect to such crimes, 
                        to avoid assailants,
                            ``(xiii) the implementation of transfer 
                        policies for the purpose of allowing or 
                        accommodating the needs of employees subjected 
                        to violent crimes against women to change 
                        office locations within the company in order to 
                        avoid assailants or to allow the transfer of an 
                        employee who has perpetrated violent crimes 
                        against women in order to protect the victim, 
including payment of costs for the transfer and relocation of an 
employee to another city, county, State, or country for the purpose of 
maintaining an employee's safety from violent crimes against women, or
                            ``(xiv) the provision of any of the 
                        services described in clauses (iv) through 
                        (viii) to the spouses or dependents of 
                        employees.
                    ``(C) Notification of possible tax consequences.--
                In no event shall any cost for goods or services which 
                may be included in the income of any employee receiving 
                or benefiting from such goods or services be treated as 
                a violence against women safety and education cost 
                unless the employer notifies the employee in writing of 
                the possibility of such inclusion.
            ``(2) Violent crimes against women.--
                    ``(A) In general.--The term `violent crimes against 
                women' includes sexual assault and domestic violence.
                    ``(B) Domestic violence.--The term `domestic 
                violence' includes acts or threats of violence, not 
                including acts of self defense, committed by a current 
                or former spouse of the victim, by a person with whom 
                the victim shares a child in common, by a person who is 
                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.
                    ``(C) Sexual assault.--The term `sexual assault' 
                means any conduct proscribed by chapter 109A of title 
                18, United States Code, whether or not the conduct 
                occurs in the special maritime and territorial 
                jurisdiction of the United States or in a Federal 
                prison and includes both assaults committed by 
                offenders who are strangers to the victim and assaults 
                committed by offenders who are known to the victim or 
                related by blood or marriage to the victim.
            ``(3) Employee and employer.--
                    ``(A) Partners and partnerships.--The term 
                `employee' includes a partner and the term `employer' 
                includes a partnership.
                    ``(B) Related persons.--Persons shall be treated as 
                related to each other if such persons are treated as a 
                single employer under subsection (a) or (b) of section 
                52.
    ``(c) Coordination With Other Provisions.--No credit or deduction 
shall be allowed under any other provision of this title for any amount 
for which a credit is allowed under this section.''
    (b) Treatment as General Business Credit.--
            (1) In general.--Subsection (b) of section 38 of such Code 
        (relating to general business credit) is amended by striking 
        ``plus'' at the end of paragraph (11), by striking the period 
        at the end of paragraph (12) and inserting ``, plus'', and by 
        adding at the end the following:
            ``(13) the workplace safety program credit determined under 
        section 45D.''
            (2) Transitional rule for carrybacks.--Subsection (d) of 
        section 39 of such Code (relating to transitional rules) is 
        amended by adding at the end the following:
            ``(9) No carryback of section 45d credit before effective 
        date.--No portion of the unused business credit for any taxable 
        year which is attributable to the workplace safety program 
        credit determined under section 45D may be carried back to a 
        taxable year beginning on or before the date of the enactment 
        of section 45D.''
            (3) Deduction for unused credits.--Subsection (c) of 
        section 196 of such Code (relating to deduction for certain 
        unused business credits) is amended by striking ``and'' at the 
        end of paragraph (7), by striking the period at the end of 
        paragraph (8) and inserting ``, and'', and by adding at the end 
        the following:
            ``(9) the workplace safety program credit determined under 
        section 45D.''
    (c) Credit Not a Defense in Legal Actions.--The allowance of a 
credit under section 45D of the Internal Revenue Code of 1986 (as added 
by this subtitle) shall not absolve employers of their responsibilities 
under any other law and shall not be construed as a defense to any 
legal action (other than legal action by the Secretary of the Treasury 
under such Code).
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of such Code is amended by adding 
at the end the following:

                              ``Sec. 45D. Workplace safety program 
                                        credit.''
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

           Subtitle D--Battered Women's Employment Protection

SEC. 741. SHORT TITLE.

    This subtitle may be cited as the ``Battered Women's Employment 
Protection Act''.

SEC. 742. PURPOSES.

    The purposes of this subtitle are, pursuant to the affirmative 
power of Congress to enact legislation under section 5 of the 14th 
amendment to the Constitution and under the portions of section 8 of 
article I of the Constitution relating to providing for the general 
welfare and to regulation of commerce among the several States--
            (1) to promote the national interest in reducing domestic 
        violence by enabling victims of domestic violence to maintain 
        the financial independence necessary to leave abusive 
        situations, to achieve safety and minimize the physical and 
        emotional injuries from domestic violence, and to reduce the 
        devastating economic consequences of domestic violence to 
        employers and employees, by--
                    (A) providing unemployment insurance for victims of 
                domestic violence who are forced to leave their 
                employment as a result of domestic violence; and
                    (B) entitling employed victims of domestic violence 
                to take reasonable leave under the Family and Medical 
                Leave Act of 1993 (29 U.S.C. 2601 et seq.) to seek 
                medical help, legal assistance, counseling, and safety 
                planning and assistance without penalty from their 
                employers;
            (2) to promote the purposes of the 14th amendment by 
        protecting the civil and economic rights of victims of domestic 
        violence and by furthering the equal opportunity of women for 
        employment and economic self-sufficiency;
            (3) to minimize the negative impact on interstate commerce 
        from dislocations of employees and harmful effects on 
        productivity, health care costs, and employer costs, caused by 
        domestic violence; and
            (4) to accomplish the purposes described in paragraphs (1), 
        (2), and (3) in a manner that accommodates the legitimate 
        interests of employers.

SEC. 743. UNEMPLOYMENT COMPENSATION.

    (a) Unemployment Compensation.--Section 3304 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 striking the period at the end of paragraph 
                (19) and inserting ``; and''; and
                    (C) by inserting after paragraph (19) the 
                following:
            ``(20) compensation is to be provided where an individual 
        is separated from employment due to circumstances directly 
        resulting from the individual's experience of domestic 
        violence.''; and
            (2) by adding at the end the following:
    ``(g) Construction.--
            ``(1) In general.--For purposes of subsection (a)(20), 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 
                authorized by section 102 of the Family and Medical 
                Leave Act of 1993 to address domestic violence and its 
                effects; 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)(20), 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, 
                clerical, 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)(20), 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 coping with 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)(20) may 
        require the employee to provide--
                    ``(A) a written statement describing the domestic 
                violence and its effects;
                    ``(B) documentation of the domestic violence, such 
                as police or court records, or documentation 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
                    ``(C) 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, or other 
                damaged property.
        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)(20) shall be retained in the strictest confidence of such 
        State unemployment agency, except to the extent the disclosure 
        is requested, or consented to, by the employee for the purpose 
        of protecting the employee or the employee's family member's 
        safety or assisting in documenting domestic violence for a 
        court or agency.''.
    (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 domestic violence and in methods 
        of ascertaining and keeping confidential information about 
        possible experiences of domestic violence, so that employee 
        separations stemming from domestic violence are reliably 
        screened, identified, and adjudicated, and full confidentiality 
        is provided for the employee's claim and submitted evidence.''.
    (c) Definitions.--Section 3306 of the Internal Revenue Code of 1986 
is amended by adding at the end the following:
    ``(u) Domestic Violence.--The term `domestic violence' has the 
meaning given the term in section 2 of the Violence Against Women Act 
of 1999.''.

SEC. 744. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR 
              NON-FEDERAL EMPLOYEES.

    (a) 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) 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;
                    ``(B) seeking medical attention for or recovering 
                from injuries caused by domestic violence;
                    ``(C) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding, related to 
                domestic violence;
                    ``(D) obtaining services from a domestic violence 
                shelter or program or rape crisis center;
                    ``(E) obtaining psychological counseling related to 
                experiences of domestic violence;
                    ``(F) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, including temporary or permanent relocation; 
                and
                    ``(G) 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 2 of the Violence Against 
        Women Act of 1999.''.
    (b) Leave Requirement.--Section 102 of such Act (29 U.S.C. 2612) is 
amended--
            (1) 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.'';
            (2) 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.''; 
        and
            (3) in subsection (d)(2)(B), by striking ``(C) or (D)'' and 
        inserting ``(C), (D), (E), or (F)''.
    (c) Certification.--Section 103 of such Act (29 U.S.C. 2613) is 
amended--
            (1) in the title of the section, by inserting before the 
        period the following: ``; confidentiality''; and
            (2) 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) a written statement describing the domestic violence 
        and its effects;
            ``(2) documentation of the domestic violence involved, such 
        as a police or court record, or documentation 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
            ``(3) 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, 
        torn or bloody clothing, or any other damaged property.
    ``(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 other documentation or 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, or requested by, the employee for the purpose of--
            ``(1) protecting the safety of the employee or the 
        employee's family member or a coworker of the employee; or
            ``(2) assisting in documenting domestic violence for a 
        court or agency.''.

SEC. 745. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR 
              FEDERAL EMPLOYEES.

    (a) Definitions.--Section 6381 of title 5, United States Code, is 
amended--
            (1) at the end of paragraph (5), by striking ``and'';
            (2) in paragraph (6), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(7) the term `addressing domestic violence and its 
        effects' means--
                    ``(A) 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;
                    ``(B) seeking medical attention for or recovering 
                from injuries caused by domestic violence;
                    ``(C) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding, related to 
                domestic violence;
                    ``(D) obtaining services from a domestic violence 
                shelter or program or rape crisis center;
                    ``(E) obtaining psychological counseling related to 
                experiences of domestic violence;
                    ``(F) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, including temporary or permanent relocation; 
                and
                    ``(G) participating in any other activity 
                necessitated by domestic violence that must be 
                undertaken during the hours of employment involved; and
            ``(8) the term `domestic violence' has the meaning given 
        the term in section 2 of the Violence Against Women Act of 
        1999.''.
    (b) Leave Requirement.--Section 6382 of title 5, United States 
Code, is amended--
            (1) 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.'';
            (2) 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.''; 
        and
            (3) in subsection (d), by striking ``(C), or (D)'' and 
        inserting ``(C), (D), (E), or (F)''.
    (c) Certification.--Section 6383 of title 5, United States Code, is 
amended--
            (1) in the section heading, by adding at the end the 
        following: ``; confidentiality''; and
            (2) 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) a written statement describing the domestic violence 
        and its effects;
            ``(2) documentation of the domestic violence involved, such 
        as a police or court record, or documentation 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
            ``(3) 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, 
        torn or bloody clothing, or other damaged property.
    ``(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 other documentation or 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--
            ``(1) consented to by the employee for the purpose of 
        protecting the safety of the employee or a coworker of the 
        employee; or
            ``(2) requested by the employee to document domestic 
        violence for a court or agency.''.

SEC. 746. EXISTING LEAVE USABLE FOR DOMESTIC VIOLENCE.

    (a) Definitions.--In this section:
            (1) Addressing domestic violence and its effects.--The term 
        ``addressing domestic violence and its effects'' has the 
        meaning given the term in section 101 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2611), as amended by section 
        744(a).
            (2) Employee.--The term ``employee'' means any person 
        employed by an employer. In the case of an individual employed 
        by a public agency, such term means an individual employed as 
        described in section 3(e) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 203(e)).
            (3) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 
                individuals, if such person is also subject to the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et 
                seq.) or to any provision of a State or local law, 
                collective bargaining agreement, or employment benefits 
                program or plan, addressing paid or unpaid leave from 
                employment (including family, medical, sick, annual, 
                personal, or similar leave); and
                    (B) includes any person acting directly or 
                indirectly in the interest of an employer in relation 
                to any employee, and includes a public agency, which is 
                subject to a law, agreement, program, or plan described 
                in subparagraph (A), but does not include any labor 
                organization (other than when acting as an employer) or 
                anyone acting in the capacity of officer or agent of 
                such labor organization.
            (4) Employment benefits.--The term ``employment benefits'' 
        has the meaning given the term in section 101 of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2611).
            (5) Parent; son or daughter.--The terms ``parent'' and 
        ``son or daughter'' have the meanings given the terms in 
        section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611).
            (6) Public agency.--The term ``public agency'' has the 
        meaning given the term in section 3 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203).
    (b) Use of Existing Leave.--An employee who is entitled to take 
paid or unpaid leave (including family, medical, sick, annual, 
personal, or similar leave) from employment, pursuant to State or local 
law, a collective bargaining agreement, or an employment benefits 
program or plan, shall be permitted to use such leave for the purpose 
of addressing domestic violence and its effects, or for the purpose of 
caring for a son or daughter or parent of the employee, if such son or 
daughter or parent is addressing domestic violence and its effects.
    (c) Certification.--In determining whether an employee qualifies to 
use leave as described in subsection (b), an employer may require 
documentation of domestic violence or corroborating evidence consistent 
with section 103(f) of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2613(f)), as amended by section 744(c).
    (d) Confidentiality.--All evidence provided to the employer under 
subsection (c) of domestic violence experienced by an employee or the 
son or daughter or parent of the employee, including a statement of an 
employee, any other documentation or corroborating evidence, and the 
fact that the employee has requested leave for the purpose of 
addressing, or caring for a son or 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--
            (1) consented to by the employee for the purpose of 
        protecting the safety of the employee or a coworker of the 
        employee; or
            (2) requested by the employee to assist in documenting 
        domestic violence for a court or agency.
    (e) Prohibited Acts.--
            (1) Interference with rights.--
                    (A) Exercise of rights.--It shall be unlawful for 
                any employer to interfere with, restrain, or deny the 
                exercise of or the attempt to exercise, any right 
                provided under subsection (b).
                    (B) Discrimination.--It shall be unlawful for any 
                employer to discharge or in any other manner 
                discriminate against an individual for opposing any 
                practice made unlawful by subparagraph (A).
            (2) Interference with proceedings or inquiries.--It shall 
        be unlawful for any person to discharge or in any other manner 
        discriminate against any individual because such individual--
                    (A) has filed any charge, or had instituted or 
                caused to be instituted any proceeding, under or 
                related to this section;
                    (B) has given, or is about to give, any information 
                in connection with any inquiry or proceeding relating 
                to any right provided under subsection (b); or
                    (C) has testified, or is about to testify, in any 
                inquiry or proceeding relating to any right provided 
                under subsection (b).
    (f) Enforcement.--
            (1) Public enforcement.--The Secretary of Labor shall have 
        the powers set forth in subsections (b), (c), (d), and (e) of 
        section 107 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2617) for the purpose of public agency enforcement of 
        any alleged violation of subsection (e) against any employer.
            (2) Private enforcement.--The remedies and procedures set 
        forth in subsection (a) of section 107 of the Family and 
        Medical Leave Act of 1993 shall be the remedies and procedures 
        pursuant to which an employee may initiate a legal action 
        against an employer for alleged violations of subsection (e).
            (3) References.--For purposes of paragraph (1) and (2), 
        references in section 107 of the Family and Medical Leave Act 
        of 1993 to section 105 of such Act shall be considered to be 
        references to subsection (e) of this section.
            (4) Employer liability under other laws.--Nothing in this 
        section shall be construed to limit the liability of an 
        employer to an employee for harm suffered relating to the 
        employee's experience of domestic violence pursuant to any 
        other Federal or State law, including a law providing for a 
        legal remedy.

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

    (a) More Protective Laws, Agreements, Programs, and Plans.--Nothing 
in this subtitle or the amendments made by this subtitle shall be 
construed to supersede any provision of any Federal, State, or local 
law, collective bargaining agreement, or other employment benefits 
program or plan that provides greater unemployment compensation or 
leave benefits for employed victims of domestic violence than the 
rights established under this subtitle or such amendments.
    (b) Less Protective Laws, Agreements, Programs, and Plans.--The 
rights established for employees under this subtitle or the amendments 
made by this subtitle shall not be diminished by any State or local 
law, collective bargaining agreement, or employment benefits program or 
plan.

SEC. 748. EFFECTIVE DATE.

    (a) General Rule.--Except as provided in subsection (b), this 
subtitle and the amendments made by this subtitle take effect 180 days 
after the date of enactment of this Act.
    (b) Unemployment Compensation.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by section 743 shall apply in the case of 
        compensation paid for weeks beginning on or after the 
        expiration of 180 days from the date of enactment of this Act.
            (2) Meeting of state legislature.--
                    (A) In general.--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 section 743, the amendments made by 
                section 743 shall apply in the case of compensation 
                paid for weeks beginning after the earlier of--
                            (i) the date the State changes its statutes 
                        or regulations in order to comply with the 
                        amendments made by this section; or
                            (ii) 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 at 
                        least 25 calendar days after such date;
                except that in no case shall the amendments made by 
                this Act apply before the date that is 180 days after 
                the date of enactment of this Act.
                    (B) Session defined.--In this paragraph, the term 
                ``session'' means a regular, special, budget, or other 
                session of a State legislature.

   Subtitle E--Education and Training Grants To Promote Responses to 
                         Violence Against Women

SEC. 751 EDUCATION AND TRAINING GRANTS TO PROMOTE APPROPRIATE RESPONSES 
              TO VIOLENCE AGAINST WOMEN.

    (a) Authority.--The Attorney General may make grants in accordance 
with this section to public and private nonprofit nongovernmental 
entities including tribally chartered organizations and nonprofit 
organizations operating within the boundaries of an Indian reservation 
whose governing body reflects the populations served that, in the 
determination of the Attorney General, have--
            (1) recognized expertise in the area of domestic violence 
        and sexual assault;
            (2) a record of commitment and quality responses to reduce 
        domestic violence and sexual assault; and
            (3) demonstrated collaboration and cooperation with groups 
        or individuals with recognized expertise in assisting 
        individuals who are eligible for the grants described in 
        subsection (b).
    (b) Grants.--
            (1) Purpose.--Grants under subsection (a) shall be used for 
        the purposes of developing, testing, presenting, and 
        disseminating model programs to provide education and training 
        to individuals likely to come into contact with victims of 
        domestic violence or sexual assault or the dependents of 
        domestic violence or sexual assault victims due to their 
        employment responsibilities, including--
                    (A) campus personnel, such as administrators, 
                housing officers, resident advisers, counselors, and 
                others;
                    (B) caseworkers, supervisors, administrators, 
                administrative law judges, and other individuals 
                administering Federal and State benefits programs, such 
                as child welfare and child protective services, 
                Temporary Assistance to Needy Families, social security 
                disability, child support, Medicaid, unemployment, 
                workers' compensation, and similar programs;
                    (C) justice system professionals, such as court 
                personnel, guardians ad litem and other individuals 
                appointed to represent or evaluate children, probation 
                and parole officers, bail commissioners, judges, 
                immigration judges, immigration officers, and 
                attorneys;
                    (D) mental and behavioral health professionals, 
                such as psychologists, psychiatrists, social workers, 
                therapists, counselors, and others;
                    (E) religious professionals and lay employees;
                    (F) professionals who regularly work with children 
                such as child care providers, both center and home-
                based, teachers, school administrators, school 
                counselors, and school health care professionals; and
                    (G) health care professionals, such as those from 
                the fields of medicine, osteopathy, and nursing, 
                physicians' assistants, and allied health 
                professionals.
            (2) Priority.--In awarding such grants, the Attorney 
        General shall give priority to the individual areas, 
        professions, and personnel described in subparagraphs (A) 
        through (G) of paragraph (1) that are currently being supported 
        less extensively by other Federal, State, and private funding 
        sources, as well as those that address the needs of underserved 
        populations (as that term is defined in section 2003(7) of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2(7) as amended by section 651(c)).
            (3) Tribal organizations eligibility.--Nothing shall 
        preclude tribally chartered organizations and nonprofit 
        organizations located within the boundaries of an Indian 
        reservation from eligibility for grants under this section.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 each for domestic 
violence and sexual assault programs for each of fiscal years 2000 
through 2004.
    (d) 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.

                   Subtitle F--Workers' Compensation

SEC. 761. SENSE OF CONGRESS REGARDING WORKPLACE VIOLENCE AGAINST WOMEN 
              AND WORKERS' COMPENSATION.

    (a) Findings.--Congress finds the following:
            (1) Women are frequently denied legal redress to recover 
        for losses that have resulted from the workplace violence.
            (2) Women are denied workers' compensation recovery if they 
        are deemed not to have suffered a physical injury after they 
        are raped.
            (3) In approximately half the States, interpretations of 
        State workers' compensation laws may preclude women from 
        pursuing legal claims resulting from workplace violence, for 
        example, for an employer's negligence that resulted in the 
        violence, consequently recovery may be limited to the amount 
        permitted by workers' compensation statutes.
            (4) Other States recognize that workplace violence against 
        women, including rapes and sexual assault, may fall within 
        various exceptions to State workers' compensation laws.
Affording victims of workplace violence against women access to legal 
redress outside the workers' compensation system will assist women in 
recovering from violent crimes, encourage employers to take all 
reasonable preventive measures, and help improve the productivity and 
safety of American workplaces.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) State workers' compensation laws should provide 
        benefits to women who are victims of workplace violence who are 
        eligible for such benefits, including full compensation for 
        physical and nonphysical injuries; and
            (2) State workers' compensation laws should also permit the 
        employee to pursue an action at law against an employer, other 
        than statutory workers' compensation benefits, based on the 
        employer's role in the act of workplace violence.

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

SEC. 801. VIOLENCE AGAINST WOMEN INTERVENTION, PREVENTION, AND 
              EDUCATION RESEARCH.

    The Violence Against Women Act of 1994 (108 Stat. 1902), as amended 
by section 603, is amended by adding at the end of that title the 
following:

  ``Subtitle I--Violence Against Women Intervention, Prevention, and 
                           Education Research

``SEC. 40901. FINDINGS.

    ``(a) Findings.--Congress finds the following:
            ``(1) According to a Panel on Research on Violence Against 
        Women convened by the National Research Council in response to 
        the mandates by of this Act--
                    ``(A) significant gaps exist in understanding the 
                extent and causes of violence against women and the 
                impact and the effectiveness of education, prevention, 
                and intervention initiatives;
                    ``(B) funding for research on violence against 
                women is disbursed to numerous Federal agencies with no 
                mechanism through which to coordinate these efforts or 
                to link the Federal agencies with other federally 
                sponsored research initiatives; and
                    ``(C) research on violence against women would 
                benefit from an infrastructure that supports 
                interdisciplinary efforts and aids in integrating these 
                efforts into practice and policy.
            ``(2) Despite the increased funding to prevent and respond 
        to violence against women in underserved populations, few 
        studies have examined incidence and prevalence data from the 
        perspective of racial, ethnic, language, age, disability, and 
        other underserved populations. Moreover, little is known about 
        the types of education, prevention, and intervention strategies 
        that are most effective in underserved populations.
            ``(3) Most studies currently focus on aspects of domestic 
        violence related to physical abuse. Few studies explore the 
        harm caused by emotional and psychological abuse and the 
        appropriate intervention and preventions strategies for victims 
        experiencing this form of abuse.
            ``(4) Violence exposure as a risk factor for disease must 
        be examined for a range of diseases and diagnoses to better 
        understand the correlation between violence and disease, 
        including the intervening variables.
            ``(5) Violence against women occurs within the context of a 
        sociocultural environment which must be studied in order to 
        foster a greater understanding of the factors that cause 
        violence against women and allow it to persist, as well as to 
        provide a framework for developing and assessing education, 
        prevention, and intervention strategies to eradicate this 
        epidemic form of violence.

``SEC. 40902. MULTIAGENCY TASK FORCE.

    ``(a) Purposes.--The Secretary of Health and Human Services and the 
Attorney General, in consultation with national nonprofit, 
nongovernmental organizations whose primary expertise is in domestic 
violence and sexual assault, shall establish a multiagency task force 
to coordinate research on violence against women. The task force shall 
be comprised of representatives from all Federal agencies that fund 
such research.
    ``(b) Uses of Funds.--Funds appropriated under this section shall 
be used to--
            ``(1) develop a coordinated strategy to strengthen research 
        focused on violence against women education, prevention, and 
        intervention strategies;
            ``(2) track and report all Federal research and 
        expenditures on violence against women;
            ``(3) identify gaps in violence against women research and 
        develop criteria for all Federal agencies for evaluating 
        research proposals, with such criteria taking into account the 
        individual context as well as the broad social and cultural 
        context of womens' lives; and
            ``(4) set priorities for research efforts that explore 
        factors such as race, ethnicity, socioeconomic status, 
        geographic location, age, language, sexual orientation, 
        disability, and other factors that shape the context and 
        experience of violence in women's lives.
    ``(c) Authorization of Appropriation.--There are authorized to be 
appropriated $500,000 for each of the fiscal years 2000, 2001, and 2002 
to fulfill the purposes of this section.

``SEC. 40903. EDUCATION, PREVENTION, AND INTERVENTION RESEARCH GRANTS.

    ``(a) Purposes.--The Department of Health and Human Services in 
consultation with the Department of Justice shall make grants to 
entities, including domestic violence and sexual assault organizations, 
research organizations, tribal organizations, and academic institutions 
to support research to further the understanding of the causes of 
violence against women and to evaluate violence against women 
education, prevention, and intervention programs.
    ``(b) Use of Funds.--The research conducted under this section 
shall include the following areas:
            ``(1) Longitudinal research to study the developmental 
        trajectory of violent behavior against women and the way such 
        violence differs from other violent behaviors.
            ``(2) An examination of the risk factors for sexual and 
        intimate partner violence for victims and perpetrators, such as 
        poverty, childhood victimization and other traumas.
            ``(3) An examination of the short- and long-term efforts of 
        programs designed to prevent sexual and intimate partner 
        violence.
            ``(4) An examination of the risk factors, intervention 
        strategies, education, and prevention programs for sexual and 
        intimate partner violence in Indian country, including the 
        availability, accessibility, and effectiveness of education and 
        prevention programs.
            ``(5) Outcome evaluations of interventions targeted at 
        children and teenagers.
            ``(6) An examination of and documentation of the processes 
        and informal strategies that women employ in attempting to 
        manage and end the violence in their lives.
            ``(7) The development, testing, and evaluation of the 
        economic and health benefits of effective methods of screening 
        and service delivery at all points of entry to the health care 
        system, including mental health, emergency medicine, primary 
        care, obstetrics, gynecology, and pediatrics and an assessment 
        of the direct and indirect health care costs of domestic 
        violence.
    ``(c) Authorization of Appropriations.--There shall be authorized 
to be appropriated $6,000,000 for each of the fiscal years 2000, 2001, 
and 2002.

``SEC. 40904. ADDRESSING GAPS IN RESEARCH.

    ``(a) Purposes.--The Secretary of Health and Human Services, in 
conjunction with the Attorney General, shall make grants to domestic 
violence and sexual assault organizations, research organizations, 
tribal organizations, and academic institutions for the purpose of 
expanding knowledge about violence against women, with a particular 
emphasis on women in underserved populations (as defined in section 
2003(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796gg-2(7) as amended by section 651(c)).
    ``(b) Uses of Funds.--Grants made under subsection (a) shall be 
used as follows:
            ``(1) To develop national- and community-level survey 
        studies to measure the incidence and prevalence of violence 
        against women in underserved populations and the ways such 
        women define and describe their experience of violence.
            ``(2) To develop qualitative and quantitative research to 
        understand how factors such as race, ethnicity, socioeconomic 
        status, age, language, alienage, disability, and sexual 
        orientation shape the context and experience of violence in 
        women's lives, as well as the education, prevention, and 
        intervention strategies available to women and girls to combat 
        such violence.
            ``(3) To develop qualitative and quantitative research to 
        understand the impact of domestic violence on the workplace, 
        costs to employers, and the effectiveness of workplace-based 
        domestic violence prevention programs.
            ``(4) To study the availability, accessibility, and 
        effectiveness of State and local legal remedies to victims of 
        intimate partner violence within the context of same sex 
        intimate relationships.
            ``(5) To study violence against women in underserved 
        populations as a risk factor for diseases from a multivariate 
        perspective.
            ``(6) To examine the dynamics of emotional and 
        psychological abuse, its prevalence, its effects on women, and 
        the availability of education, prevention, and intervention 
        strategies to address this type of abuse.
            ``(7) To study the effectiveness of State and local legal 
        remedies available to victims of sexual assault and child 
        sexual assault.
            ``(8) To study the use of nonjudicial alternative dispute 
        resolution (such as mediation, negotiation, conciliation, and 
        restorative justice models) in cases where domestic violence is 
        a factor, and to compare nonjudicial alternative dispute 
        resolution and traditional judicial methods based upon the 
        following criteria: the quality of representation of the 
        victim, the training and competency of mediators and other 
        facilitators, the satisfaction of the parties, the outcome of 
        the proceedings, and any other relevant factors that may be 
        identified.
            ``(9) To examine effective models that address domestic 
        violence in child protective services and child welfare 
        agencies, with particular emphasis on those models that 
        document the scope of the problem, identify the risk of harm 
        that perpetrators of domestic violence pose to children and 
        their parents, and the best practices for addressing domestic 
        violence in the child welfare and child protection context.
            ``(10) The examination of the extent to which child care 
        and other supportive services are offered to children who are 
        the victims of domestic violence or the dependents of such 
        victims by shelters, including surveying shelters to determine 
        the numbers of women and children served and the extent to 
        which shelter staff have training or contact with professionals 
        in fields of child development, collecting information on 
        shelters that provide on-site child care or have collaborative 
        relationships with nearby child care providers, and examining 
        relationships between shelters and nearby schools attended by 
        children using shelter services.
            ``(11) Other such research as may be determined by the Task 
        Force established under section 40902 in consultation with 
        domestic violence and sexual assault advocates, coalitions, 
        national experts, and researchers.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $4,500,000 for each of fiscal years 2000, 2001, and 2002 
to carry out this section.

``SEC. 40905. SENTENCING STUDY.

    ``The United States Sentencing Commission shall study the following 
and issue a report to Congress:
            ``(1) The sentences given to persons incarcerated in 
        Federal and State prison for assault or homicide in which the 
        relationship of the inmate to the victim was that of spouse, 
        former spouse, or intimate partner.
            ``(2) The role of the use of illicit drugs and alcohol in 
        sentencing imposed for domestic violence offenses involving 
        assault or homicide.
            ``(3) The extent to which acts of domestic violence, 
        including coercion, committed against a defendant, may have 
        played a role in the commission of the assault or homicide 
        offense.
            ``(4) The role of race, ethnicity, socioeconomic status, 
        gender, geographic location, age, language, sexual orientation, 
        disability, or any other relevant factors that would enhance 
        understanding of the problem.
            ``(5) Recommendations that would provide for a downward 
        adjustment in applicable sentencing guidelines' determinations 
        with respect to the offenses described in this section.

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

    ``(a) Purposes.--The Secretary of Health and Human Services, in 
conjunction with the Attorney General, shall award grants to nonprofit, 
nongovernmental entities, including sexual assault organizations, 
research organizations, tribal organizations, and academic 
institutions, to gather qualitative and quantitative data on the 
experiences of women and girls, within State and tribal health care, 
judicial, and social services systems, whose pregnancy resulted from a 
rape or sexual assault.
    ``(b) Use of Funds.--Research funded by a grant under subsection 
(a) shall include the following issues:
            ``(1) The incidence and prevalence of pregnancy resulting 
        from rape or sexual assault, including the ages of the victim 
        and perpetrator and the relationship of the perpetrator to the 
        victim (such as blood relation, acquaintance, intimate partner, 
        spouse, household member, etc.).
            ``(2) The degree to which State and tribal adoption, child 
        custody, visitation, child support, parental termination, and 
        child welfare criminal justice laws and policies serve the 
        needs of women and girls whose pregnancy resulted from a rape 
        or sexual assault.
            ``(3) The impact of State and tribal social services rules, 
        policies, and procedures on women and girls whose pregnancy 
        resulted from a rape or sexual assault and the children born as 
        a result of such rape or sexual assault. Such rules, policies, 
        and procedures shall include paternity establishment, family 
        cap, medicaid, and other health benefits.
            ``(4) The availability of public or private legal, medical, 
        mental health, counseling, financial, and other forms of 
assistance to women and girls whose pregnancy resulted from a rape or 
sexual assault and the children born as a result of such rape or sexual 
assault, including the extent to which racial, ethnic, language, 
geographic, alienage status, disability, sexual orientation, or 
socioeconomic barriers exist in accessing assistance for such women and 
girls.
            ``(5) Recommendations for improvements in State and tribal 
        health care, judicial, and social services systems to address 
        the needs of women and girls whose pregnancy resulted from rape 
        or sexual assault and the children born as a result of such 
        rape or sexual assault.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $500,000 for fiscal year 2000.

``SEC. 40907. STATUS REPORT ON LAWS REGARDING RAPE AND SEXUAL ASSAULT 
              OFFENSES.

    ``(a) Study.--The Attorney General, in consultation with national, 
State, tribal, and local domestic violence and sexual assault 
coalitions and programs, including nationally and tribally recognized 
experts on sexual assault, the judiciary, the legal profession, 
psychological associations, and sex offender treatment providers, shall 
conduct a national study to examine the status, implementation, and 
effectiveness of the laws with respect to rape and sexual assault 
offenses in addressing such crimes and protecting the victims of such 
crimes. The Attorney General may use the Bureau of Justice Statistics, 
the National Institute of Justice, the Bureau of Indian Affairs, and 
the Office for Victims of Crime in carrying out the purposes of this 
section.
    ``(b) Report.--Based on the study required under subsection (a), 
the Attorney General shall prepare a report analyzing the uniformity of 
Federal, State, and tribal rape and sexual assault laws, including sex 
offenses committed against children, and the comparative effectiveness 
of such laws in prosecuting the crimes of rape and sexual assault. The 
report shall address--
            ``(1) the definitions of rape and sexual assault, and any 
        exceptions, including marital rape exceptions and any 
        downgrading provisions;
            ``(2) the element of consent and coercive conduct, 
        including deceit;
            ``(3) the element of physical resistance and affirmative 
        nonconsent as a precondition for conviction;
            ``(4) the element of force, including penetration as an 
        aggravating factor and the use of coercion;
            ``(5) evidentiary matters, including--
                    ``(A) inferences, including the timeliness of the 
                complaint under the Model Penal Code;
                    ``(B) posttraumatic stress disorder (including rape 
                trauma syndrome) and the relevancy, scope, and 
                admissibility of such evidence;
                    ``(C) rape shield laws, including in camera 
                evidentiary determinations;
                    ``(D) prior bad acts;
                    ``(E) corroboration requirements and cautionary 
                jury instructions; and
                    ``(F) the use of victim polygraphs, voice analysis, 
                and other truth-assessment devices;
            ``(6) the existence of special rules for rape and sexual 
        assault offenses;
            ``(7) the use of experts;
            ``(8) sentencing, including--
                    ``(A) plea bargains;
                    ``(B) presentence reports;
                    ``(C) recidivism and remorse;
                    ``(D) adolescents;
                    ``(E) psychological injuries;
                    ``(F) gravity of crime and trauma to victims; and
                    ``(G) race;
            ``(9) the personal or professional relationship between the 
        perpetrator and the victim; and
            ``(10) a law reform recommendation of the Attorney General 
        in consultation with national, State, tribal, and local 
        domestic violence and sexual assault coalitions and programs, 
        including nationally and tribally recognized experts on sexual 
        assault as described in section 40907(a) to foster uniformity 
        among the Federal, State, and tribal jurisdictions to more 
        effectively address rape and sexual assault offenses while 
        safeguarding due process.
    ``(c) Definition.--For purposes of this section, the term `rape and 
sexual assault offenses' includes carnal knowledge of a child, 
abduction with intent to defile, indecent liberties, bestiality, 
forcible sodomy, sexual penetration with an animate or inanimate 
object, forced sexual intercourse (labia majora penetration or anus 
penetration), cunnilingus, fellatio, anallingus, anal intercourse, 
sexual battery, aggravated sexual battery, and sexual abuse, 
accomplished by use of force, threats, or intimidation.
    ``(d) Findings.--The Attorney General shall ensure that no later 
than 1 year after the date of enactment of this subtitle, the study 
required under subsection (a) is completed and a report describing the 
findings is submitted to Congress.
    ``(e) Authorization of Appropriation.--There is authorized to be 
appropriated $200,000 to carry out the study required by this section.

``SEC. 40908. RESEARCH CENTERS.

    ``The Secretary of Health and Human Services and the Attorney 
General shall establish 3 research centers to support the development 
of research and training programs which focus on violence against 
women, to provide mechanisms for collaboration between researchers and 
practitioners, and to provide technical assistance for integrating 
research into the provision of services. Each Center shall be organized 
around a research area relevant to violence against women, such as 
epidemiology, correlates, causes, and risk factors, and prevention and 
intervention evaluation strategies. At least one of the centers shall 
be established at an entity other than an academic institution. There 
are authorized to be appropriated $3,000,000 for each of the fiscal 
years 2000 through 2002 to carry out this section.''.
                                 <all>