[Congressional Record Volume 145, Number 9 (Wednesday, January 20, 1999)]
[Extensions of Remarks]
[Pages E78-E80]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 THE VIOLENCE AGAINST WOMEN ACT OF 1999

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                       Tuesday, January 19, 1999

  Mr. CONYERS. Mr. Speaker, every year nearly 1.5 million women are the 
victims of domestic violence. Today I am proud to introduce the 
Violence Against Women Act of 1999. I am joined by Congresswomen 
Constance A. Morella and Lucille Roybal-Allard, along with 89 other 
original co-sponsors. Together, we take the first step that will make 
America safer for women.
  Nearly 5 years ago, Congress passed the original Violence Against 
Women Act. In the original legislation, funding was provided for 
battered women's shelters and rape crisis centers as well as 
establishing a domestic violence hotline. Now we must work to continue 
those commitments.
  I am hopeful for passage of this legislation in the 106th Congress. 
Last year, significant portions of this legislation were unanimously 
agreed to by the House of Representatives as an amendment to the Child 
Protection and Sexual Predators Punishment Act of 1998. I feel 
confident that this Congress can see fit to not only follow that lead, 
but do even more for victims of sexual abuse, domestic violence and 
rape.
  One of the key titles of this landmark legislation is Violence 
Against Women and the Workplace. This section establishes a grant for a 
national clearinghouse and resource center to provide information and 
assistance to employers and labor organizations in their efforts to 
develop and implement responses to assist victims of domestic violence 
and sexual assault. Also found in this section is a tax credit for 
businesses implementing workplace safety programs to combat violence 
against women as well as establishing Victim's Employment Rights which 
prohibits employers from taking adverse job actions against an employee 
because they are the victim of violent crime.
  The legislation makes important strides in improving the lives of not 
only women, but children as well. Title II, Limiting the Effects of 
Violence on Children, provides grants to create safe havens for 
children of victims of domestic violence. Children who witness domestic 
violence are at a high risk of anxiety and depression, and exhibit more 
aggressive, antisocial, inhibited and fearful behaviors. This title 
helps to ensure that children are protected from the effects of 
witnessing acts of domestic violence. Also, this title will provide 
funds to train child welfare workers to recognize the signs of domestic 
violence and sexual assault in the home.
  Title III of VAWA '99 works to prevent sexual assault against women. 
It establishes a National Resource Center on Sexual Assault as well as 
increases funds for rape prevention and education. This title also 
includes the language of the Hate Crimes Prevention Act which amends 
federal hate crimes legislation to permit federal prosecution for bias 
crimes based on gender, sexual orientation, or disability. Furthermore, 
language concerning the prevention of custodial sexual assault by 
correctional staff will make sexual conduct between all prison 
custodial staff and inmates a federal crime and establish measures to 
ensure that those convicted of such crimes are prevented from becoming 
correctional staff in the future.
  The Violence Against Women Act of 1999 includes other important 
provisions such as the rescheduling and classification of date-rape 
drugs; establishing grants for improved legal advocacy and 
representation of victims of sexual violence; and provisions to protect 
battered immigrant women.
  Nearly one in every three adult women experience at least one 
physical assault by a partner during adulthood. I urge my colleagues to 
join me in the fight to protect women from sexual abuse and violence. I 
encourage all Members to become a co-sponsor of this legislation and 
work towards passage of the Violence Against Women Act of 1999.

                 THE VIOLENCE AGAINST WOMEN ACT OF 1999


                    Section by Section January 1999

 TITLE I.--Continuing the Commitment of the Violence Against Women Act

       Subtitle A. Law Enforcement and Prosecution Grants to 
     Combat Violence Against Women--reauthorizes and amends STOP 
     grants to increase funds and to ensure that domestic violence 
     and sexual assault advocates are involved in planning and 
     implementation of programs; proposes new formula--35% to 
     victim services, 20% each to prosecution and law enforcement, 
     10% to state courts, and 15% discretionary with language to 
     ensure that there will be no harm to existing programs.
       Subtitle B. National Domestic Violence Hotline--
     reauthorizes funding for the National Domestic Violence 
     Hotline; includes

[[Page E79]]

     additional oversight and review prior to reauthorization.
       Subtitle C. Battered Women's Shelters and Services--amends 
     Family Violence Prevention and Services Act to authorize $1 
     billion to battered women's shelters over the next five 
     years; includes additional oversight and review; caps 
     spending for training and technical assistance by State 
     coalitions with the remaining money going to domestic 
     violence programs; adds new proposals for training and 
     technical assistance; allots money for tribal domestic 
     violence coalitions.
       Subtitle D. Grants for Community Initiatives--reauthorizes 
     and increases funding for grants for community initiatives; 
     includes additional oversight.
       Subtitle E. Education and Training for Judges and Court 
     Personnel--reauthorizes funding for federal and state 
     judicial training on violence against women; adds a training 
     component on domestic violence and child abuse in custody 
     determinations.
       Subtitle F. Grants to Encourage Arrest Policies--
     reauthorizes funding for implementation of proarrest policies 
     in domestic violence cases; coordinates computer tracking of 
     cases to ensure communication among police, prosecution and 
     courts; strengthens legal advocacy programs for victims; adds 
     set-aside for tribes.
       Subtitle G. Rural Domestic Violence and Child Abuse 
     Enforcement--reauthorizes funding for the establishment of 
     cooperative efforts among law enforcement, prosecutors and 
     victim advocacy groups to provide investigation, prosecution, 
     counseling, treatment, and education with respect to domestic 
     violence and child abuse in rural communities; adds set-aside 
     for tribes.
       Subtitle H. National Stalker and Domestic Violence 
     Reduction--reauthorizes funding for the improvement of local, 
     State and national crime databases for tracking stalking and 
     domestic violence.
       Subtitle I. Federal Victims' Counselors--reauthorizes 
     funding for Victim/Witness Counselors in the prosecution of 
     sex crimes and domestic violence under federal law.
       Subtitle J. Education and Prevention Grants to Reduce 
     Sexual Abuse of Runaway, Homeless, and Street Youth--
     reauthorizes funding for street-based outreach, education, 
     treatment counseling and referral of runaway, homeless, and 
     street youth who have been abused or are at risk of abuse; 
     includes additional oversight mechanisms.
       Subtitle K. Victims of Child Abuse Programs--reauthorizes 
     funding for Court-appointed Special Advocates for victims of 
     child abuse, for training programs on child abuse for 
     judicial personnel and attorneys, for closed-circuit 
     televising and video taping of child testimony to protect the 
     child from the trauma of facing the abuser in court; includes 
     additional oversight mechanisms.

        TITLE II.--Limiting the Effects of Violence on Children

       Subtitle A. Safe Havens for Children--grants to establish 
     and operate supervised visitation centers to facilitate child 
     visitation and visitation exchange.
       Subtitle B.. Violence Against Women Prevention in Schools--
     grants to school systems to develop, modify and implement 
     policies and programs in elementary, middle, and secondary 
     schools which address domestic violence, sexual assault and 
     stalking.
       Subtitle C. Family Safety--amends the criminal component of 
     the Parental Kidnaping Prevention Act (PKPA) to provide 
     defenses in domestic violence and child sexual assault cases; 
     amends the civil full faith and credit provisions of PKPA to 
     include domestic violence, child sexual assault and stalking 
     as factors in determining what state has jurisdiction of a 
     custody case.
       Subtitle D. Domestic Violence and Children--Sense of 
     Congress calling for reforms of States laws on domestic 
     violence and child custody.
       Subtitle E. Child Welfare Workers Training on Domestic 
     Violence and Sexual Assault--provides grants to enable child 
     welfare service agencies to train staff and modify policies, 
     procedures, and programs for the purpose of recognizing 
     domestic violence and sexual assault as serious problems that 
     threaten the safety and well-being of its child and adult 
     victims.
       Subtitle F. Child Abuse Accounability--permits private 
     employee pension benefits to be assigned to satisfy a 
     judgment against a person for physically, sexually or 
     emotionally abusing a child.

                 TITLE III.--Sexual Assault Prevention

       Subtitle A. Rape Prevention Education--establishes a 
     National Resource Center on Sexual Assault; increases funds 
     for rape prevention and education; helps States provide 
     technical assistance, information dissemination and 
     educational programs; allots money for the creation of tribal 
     sexual assault coalitions.
       Subtitle B. Standards of Practice and Training for Sexual 
     Assault Examinations--directs the Attorney General and the 
     Secretary of Health and Human Services to evaluate existing 
     standards of training, practice and payment of forensic 
     examinations and to recommend a national protocol.
       Subtitle C. Violence Against Women Training for Health 
     Professions--amends Title VII and Title VIII of the Public 
     Health Services Act to give priority in funding to medical 
     and training programs that require students to be trained in 
     identifying, treating, and referring patents who are the 
     victims of domestic violence or sexual assault.
       Subtitle D. Prevention of Custodial Sexual Assault by 
     Correctional Staff--directs the Attorney General to establish 
     guidelines regarding the prevention of custodial sexual 
     misconduct in prisons; prohibits individuals who have been 
     convicted of or found civilly liable for sexual midconduct 
     from becoming correctional staff; criminalizes sexual conduct 
     between correctional staff and prisoners.
       Subtitle E. Hate Crimes Prevention--amends federal hate 
     crimes legislation to permit federal prosecution for bias 
     crimes based on gender, sexual orientation, and disability; 
     funds additional FBI and law enforcement personnel to assist 
     State and local law enforcement.
       Subtitle F. Rescheduling and Classification of Date-Rape 
     Drugs--directs the Attorney General to amend the Controlled 
     Substances Act by transferring flunitrazepam to schedule I 
     and by adding Gamma y-hydroxybutyrate to schdule I and 
     ketamine hydrochloride to schedule III.
       Subtitle G. Access to Safety and Advocacy for Victims of 
     Sexual Assault--makes grants available to enhance safety and 
     justice for victims of sexual violence through access to the 
     justice system and improved legal advocacy and 
     representation.

                TITLE IV.--Domestic Violence Prevention

       Subtitle A. Domestic Violence and Sexual Assault Victims' 
     Housing--amends the McKinney Homeless Assistance Act to make 
     funding available for transitional housing services for 
     domestic violence victims, including rental assistance for 
     battered women seeking to establish permanent housing 
     separate from their abuser.
       Subtitle B. Full Faith and Credit for Protection Orders--
     clarifies VAWA's full faith and credit provisions to ensure 
     meaningful enforcement by States and Tribes; provides grants 
     to States and Tribes to improve enforcement and record 
     keeping; reduces Byrne grants to law enforcement for failure 
     to comply with the 1994 VAWA's full faith and credit 
     provisions with significant safeguards to allow law 
     enforcement to come into compliance before a penalty is 
     assessed.
       Subtitle C. Victims of Abuse Insurance Protection--
     prohibits discrimination in issuing and administering 
     insurance policies to victims of domestic violence with 
     uniform protection from insurance discrimination.
       Subtitle D. National Summit on Sports and Violence--Sense 
     of Congress that a national summit of sports, community, and 
     media leaders with expertise in anti-violence advocacy and 
     youth advocacy should be convened to develop a plan to deter 
     acts of violence.
       Subtitle E. Keeping Firearms from Intoxicated Persons--adds 
     intoxication to the list of grounds for prohibiting sale of 
     firearms.
       Subtitle F. Access to Safety and Advocacy--issues grants to 
     provide legal assistance, lay advocacy and referral services 
     to victims of domestic violence who have inadequate access to 
     sufficient financial resources for appropriate legal 
     assistance; includes set-aside for tribes.
       Subtitle G. Strengthening Enforcement to Reduce Violence 
     Against Women--amends the Interstate Domestic Violence 
     Statute to make it a crime to commit domestic violence or to 
     violate a protection order in the course of travel in 
     interstate commerce; criminalizes stalking in the course of 
     travel in interstate commerce.
       Subtitle H. Disclosure Protections--protects victims 
     fleeing domestic violence from disclosure of their 
     whereabouts through the federal child support locator 
     service.

        TITLE V.--Violence Against Women in the Military System

       Subtitle A. Civilian Jurisdiction for Crimes of Sexual 
     Assault and Domestice Violence--makes an employee or 
     dependant of the military who commits an act while outside 
     the United States that would be a punishable domestic 
     violence or sexual assault offense if perpetrated within the 
     United States subject to the same punishment as if it had 
     been committed in the United States.
       Subtitle B. Transitional Compensation and Health Care for 
     Abused Dependents of Members of the Armed Forces--allows a 
     resumption of transitional compensation benefits to an abused 
     dependant who temporarily reconciles with the batterer.
       Subtitle C. Confidentiality of Records--directs the 
     Secretary of Defense to adopt regulations that provide 
     confidentiality of communications between a military 
     dependent who is a victim of sexual harassment, sexual 
     assault or domestic violence and the victim's therapist, 
     counselor, or advocate.

TITLE VI.--Preventing Violence Against Women in Underserved Communities

       Subtitle A. Older Women's Protection from Violence--
     authorizes law school clinical programs on domestic violence 
     against older women; authorizes training programs for law 
     enforcement offices, social services and health providers on 
     domestic violence against older women; authorizes community 
     initiatives to combat domestic violence against older women; 
     authorizes outreach programs targeted to older women who are 
     victims of domestic violence.
       Subtitle B. Protection Against Violence and Abuse for Women 
     with Disabilities--ensures inclusion of women with 
     disabilities in existing domestic violence and sexual assault 
     programs; provides for judicial training on issues of 
     violence against women with disabilities; authorizes training 
     program for social service and health care providers; 
     authorizes research and technical assistance to service 
     providers.
       Subtitle C. Battered Immigrant Women--Allows for adjustment 
     of status for VAWA

[[Page E80]]

     self-petitioners; prevents changes in abuser's status from 
     undermining victim's petitions; provides for numerous waivers 
     and exceptions to inadmissibility for VAWA eligible 
     applicants; improves access to VAWA for battered immigrant 
     women whose spouse is a member of the armed forces, who are 
     married to bigamists, and/or are the victims of elder abuse; 
     allows for discretionary waivers for good moral character 
     determinations; removes public charge for VAWA applicants; 
     gives VAWA applicants access to work authorization; allows 
     VAWA applicants access to food stamps, housing and legal 
     services; trains judges, immigration officials, armed forces 
     supervisors and police on VAWA immigration provisions.
       Subtitle D. Conforming Amendments to the Violence Against 
     Women Act--amends the definitions of underserved in the 
     Family Violence Prevention and Services Act and the Omnibus 
     Crime Control and Law Enforcement Act in order to create 
     consistent use of the term.

          TITLE VII.--Violence Against Women and the Workplace

       Subtitle A. National Clearinghouse on Domestic Violence and 
     Sexual Assault and the Workplace Grant--establishes a 
     clearinghouse and resource center to give information and 
     assistance to employers and labor organizations in their 
     efforts to develop and implement responses to assist victims 
     of domestic violence and sexual assault.
       Subtitle B. Victims' Employment Rights--prohibits employers 
     from taking adverse job actions against an employee because 
     they are the victim of violent crime.
       Subtitle C. Workplace Violence Against Women Prevention Tax 
     Credit--provides tax credits to businesses implementing 
     workplace safety programs to combat violence against women.
       Subtitle D. Battered Women's Employment Protection--ensures 
     eligibility for unemployment compensation to women separated 
     from their jobs due to circumstances directly resulting from 
     domestic violence; requires employers who already provide 
     leave to employees to allow employees to use that leave for 
     the purpose of dealing with domestic violence and its 
     aftermath; allows women to use their family and medical leave 
     or existing leave under State law or a private benefits 
     program to deal with domestic abuse, including going to the 
     doctor for domestic violence injuries, seeking legal 
     remedies, including court appearances, seeking orders of 
     protection or meeting with a lawyer; provides for training of 
     personnel involved in assessing unemployment claims based on 
     domestic violence.
       Subtitle E. Education and Training Grants to Promote 
     Responses to Violence Against Women--authorizes grants for 
     developing, testing, presenting and disseminating model 
     programs to provide education and training to individuals who 
     are likely to come in contact with victims of domestic 
     violence and sexual assault in the course of their 
     employment, including campus personnel, justice system 
     professionals (including guardians ad litem, probation, 
     parole and others), mental health professionals, clergy, 
     caseworkers, supervisors, administrators and administrative 
     law judges who are involved in federal and state benefit 
     programs.
       Subtitle F. Workers' Compensation--Sense of Congress that 
     worker's compensation benefits should be provided to women 
     that have been injured in the workplace, including full 
     compensation for physical and non-physical injuries, and that 
     women who survive crimes such as rape, domestic violence and 
     sexual assault at work should be able to pursue other legal 
     actions, based on the employers role in the workplace 
     violence.

   TITLE VIII.--Violence Against Women Intervention, Prevention and 
                          Educational Research

       Directs the Attorney General and the Secretary of Health 
     and Human Services to establish a multi-agency task force to 
     coordinate research on violence against women; provides 
     grants to support research on causes of violence against 
     women and the effectiveness of education, prevention and 
     intervention programs; provides grants to address gaps in 
     research on violence against women, particularly violence 
     against women in underserved communities and instances where 
     domestic violence is a factor in a divorce/child custody 
     case; mandates a study and report by the U.S. Sentencing 
     Commission on sentences given in crimes of domestic violence; 
     issues grants to conduct research on the experiences of women 
     and girls in the health care, judicial and social services 
     systems who become pregnant as a result of sexual assault; 
     authorizes a study and report on the uniformity of laws among 
     States and their effectiveness in prosecuting rape and sexual 
     assault offenses; directs the Secretary of Health and Human 
     Services and the Attorney General to establish three research 
     centers to develop and coordinate research on violence 
     against women.

     

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